Prior to the filing of an application for the
approval of a preliminary plat or certified survey map, it is recommended
that the subdivider consult with the Plan Commission or the Director
of Public Works in order to obtain its or his advice and assistance.
This consultation is intended to inform the subdivider of the purpose
and objectives of these regulations, other provisions of this Code,
sewer and water availability, other engineering considerations, and
duly adopted City plans and to otherwise assist the subdivider in
planning his development. In so doing, both the subdivider and the
Plan Commission may reach mutual conclusions regarding the general
objectives of the proposed development and its possible effects on
the neighborhood and the community. The subdivider will also gain
a better understanding of the subsequent required procedures.
[Amended by Ord. No. 927-2002]
A.
Submissions of plats. Before submitting a final plat
for approval, the subdivider shall prepare a preliminary plat and
a letter of application. The preliminary plat shall be prepared in
accordance with this chapter, and the subdivider shall comply with
the procedures of §§ 236.11 and 236.12, Wis. Stats.,
and shall file 12 copies of the plat and the application with the
City Clerk. The City Clerk shall transmit copies, as appropriate,
to agencies specified in § 236.12, Wis. Stats., affected
utility companies, the Council members and the Plan Commission.
B.
Review of plats. The preliminary plat shall be reviewed
by the Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, the Comprehensive Plan and Comprehensive Plan
components which affect it, and the Plan Commission shall submit its
recommendations to the Council within 60 days.
[Amended by Ord. No. 927-2002]
The objecting agencies shall, within 20 days
of the date of receiving their copies of the preliminary plat, notify
the subdivider and all other approving and objecting agencies of any
objections. If there are no objections, they shall so certify on the
face of the copy of the plat and shall return that copy to the City
Clerk. If an objecting agency fails to act within 20 days, it shall
be deemed to have no objection to the plat. In addition:
A.
The Council shall, within 90 days of the date of the
filing of a preliminary plat with the City Clerk, approve, approve
conditionally or reject such plat unless an extension of the review
period is mutually agreed upon in writing. One copy of the plat shall
thereupon be returned to the subdivider with the date and action endorsed
thereon, and if approved conditionally or rejected, a letter of transmittal
and a copy of the Council minutes setting forth the conditions of
approval or the reasons for rejection shall accompany the plat. One
copy each of the plat and letter shall be placed in the City Clerk's
permanent file.
B.
Failure of the Council to act within 90 days shall
constitute an approval of the plat as filed unless the review period
is extended by mutual agreement.
C.
Approval or conditional approval of a preliminary
plat shall not constitute automatic approval of the final plat, except
that if the final plat is submitted within 24 months of preliminary
plat approval and conforms substantially to the preliminary plat as
indicated in § 236.11(1)(b), Wis. Stats., the final plat
shall be entitled to approval.[1]
[Amended by Ord. No. 927-2002]
The subdivider shall submit a final plat and
a letter of application in accordance with this chapter and §§ 236.11
and 236.12, Wis. Stats., and shall file 12 copies of the plat and
the application with the City Clerk. In addition:
A.
The City Clerk shall transmit copies, as appropriate,
to agencies specified in § 236.12, Wis. Stats., and shall
transmit the original final plat to the Council and 15 copies to the
Plan Commission. A copy shall also be submitted to each public utility
affected.
B.
The Plan Commission shall examine the final plat as
to its conformance with the approved preliminary plat, any conditions
of approval of the preliminary plat, this chapter and all ordinances,
rules, regulations, the Comprehensive Plan and Comprehensive Plan
components which may affect it and shall recommend approval, conditional
approval, or rejection of the plat to the Council.
C.
The final plat may, if permitted by the Council, constitute
only that portion of the approved preliminary plat which the subdivider
proposes to record at that time.
The objecting agencies shall, within 20 days
of the date of receiving their copies of the final plat, notify the
subdivider and all other approving and objecting agencies of any objections.
If there are no objections, they shall so certify on the face of the
copy of the plat and shall return that copy to the Plan Commission,
which shall forward the copy to the Council. If an objecting agency
fails to act within 20 days, it shall be deemed to have no objection
to the plat.
B.
Plan Commission recommendation. The Plan Commission
shall, within 30 days of the date of filing of the final plat with
the City Clerk, recommend approval or rejection of the plat and transmit
the final plat and application, along with its recommendations, to
the Council.
[Amended by Ord. No. 927-2002]
C.
Notification. The Plan Commission shall, at the time
it recommends approval or rejection of a plat to the Council and at
least 10 days prior to any action of the Council, give notice of its
recommendations to the clerk of any municipality within 1,000 feet
of the plat.
D.
Council approval or rejection. The Council shall,
within 60 days of the date of filing the original final plat with
the City Clerk, approve or reject such plat unless the time is extended
by agreement with the subdivider. If the plat is rejected, the reasons
shall be stated in the minutes of the meeting and a copy of the minutes,
together with a letter of transmittal, shall be forwarded to the subdivider.
The Council may not approve the final plat unless the City Clerk certifies
on the face of the plat that the copies were forwarded to objecting
agencies as required herein, the date thereof, and that no objections
have been filed within 20 days or, if filed, have been met.
[Amended by Ord. No. 927-2002]
E.
Timely Council action required. Failure of the Council
to take action on the plat within 60 days, the time have not been
extended and no unsatisfied objections have been filed, the plat shall
be deemed approved.
F.
County approval. Approval by the Land Information
Division of the Dodge County Land Resources and Parks Department is
required prior to final approval by the City and recording with the
Dodge County Register of Deeds.[2]
G.
Consent and waiver. Prior to the acceptance of a final
plat, the subdivider shall furnish, when required by the City, a consent
and waiver of the statutory provisions for special assessment for
the installation of sanitary sewer, storm sewer, sewer laterals, water
main, water laterals, curb and gutter, sidewalk, street surfacing,
and all other utilities, which will be in a form approved by the City
Attorney pursuant to § 66.0703(7)(b), Wis. Stats., and shall
be recorded in the office of the Register of Deeds in the same manner
as a lis pendens. Such consent and waiver shall provide that the installation
of such services shall be made at the discretion of the Council.
H.
Recordation. After the final plat has been approved
by the Council and required improvements either installed or an agreement
and sureties insuring their installation are filed, the City Clerk
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and shall further cause the plat to be
recorded within six months of its approval by the Council. The subdivider
shall be responsible for the recording fee. The final plat shall be
recorded with the County Register of Deeds only after the certificates
of the Wisconsin Department of Administration, the Council and the
surveyor and those certificates required by § 236.21, Wis.
Stats., are placed on the face of the plat.
[Amended by Ord. No. 927-2002[3]]
I.
Plat copies. The subdivider shall file 15 certified
copies of the final plat with the City Clerk for distribution to appropriate
local agencies and offices.
[Amended by Ord. No. 927-2002]
A.
When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the City, subject to the limitations of § 66.0105, Wis. Stats., the subdivider shall proceed as specified in §§ 425-15 through 425-17 above, except that:
(1)
Transmittal responsibility lies with the clerk of
the town or municipality to whom the plat is first submitted, and
the subdivider shall indicate which one in his application.
(2)
Approval agencies shall be as specified in § 236.10,
Wis. Stats., and the subdivider must comply with the land subdivision
ordinance of the town in which the plat lies.
(3)
The subdivider may proceed with the installation of
improvements under the regulations of the town board of the town within
whose limits the plat lies. Whenever connection to any utility of
the City is desired, permission for such connection shall be obtained
from the Council. City policy does not permit serving any individual
outside its City limits.
(4)
All improvement requirements specified by the town
in which the plat is located or any special improvement district shall
be met before filing of the final plat.
B.
The City shall not consider any subdivision or land
division which does not have prior approval by the town. The City
may impose conditions on the approval of the subdivision or land division,
including the use of restrictive covenants and the creation of a homeowners'
association.
[Added 3-13-2006 by Ord. No. 981-2006]
(1)
Criteria for agricultural land division.
(a)
The City may grant approval of a land division
subdividing portions of agricultural lands provided that the City
determines that the proposed land division will assist and ensure
the continuation of the agricultural use and that the division of
land will not create a pattern of land use that would impede future
urbanization. A limited amount of nonfarm residential development
currently exists and will continue to be allowed, but no person shall
create a residential parcel of land of more than two acres in size
within the City of Mayville extraterritorial zoning area, provided
that the division also complies with the sliding-scale density as
set forth below. For parcels outside of the City of Mayville extraterritorial
zoning area, no maximum lot size shall be imposed, but the division
must still comply with the sliding-scale density requirements.[1]
|
Parent Parcel Total Area
(acres)
|
Number of Development Rights for New Nonfarm
Parcels
| |
|---|---|---|
|
Less than 2
|
0
| |
|
2 to 40
|
1
| |
|
Greater than 40 to 80
|
2
| |
|
Greater than 80 to 120
|
3
| |
|
Greater than 120
|
4 (maximum)
|
(b)
The certified survey map shall contain a notation
or an affidavit in recordable form which shall be recorded with the
Dodge County Register of Deeds specifying that no further divisions
of the parent parcel or the lots created can take place for a period
of 15 years after the maximum allowed is reached. The City may modify
or remove the restriction after five years if approved by the town
and the best interests of the City are maintained. A parent parcel
is a contiguous quantity of land under one ownership which has frontage
on a public road. Navigable waterways and public roads serve as dividers
of parent parcels. The right to divide land is not assignable or transferable.
(2)
Criteria for nonagricultural subdivision or land division.
In the case of nonagricultural zoned lands, the City may grant approval
of a subdivision provided that the City determines that the proposed
subdivision or land division complies with each of the following criteria:
(a)
The proposed subdivision or land division shall
be compatible with adjacent land uses and shall maintain the general
land use pattern of the area in question;
(b)
Any nonfarm development within the extraterritorial
land division area should be limited to clustered residential neighborhoods
(these developments should include significant tracts of land connecting
open space for natural areas, agriculture, or recreation) or uses
consistent with the Mayville Year 2030 Future Land Use Map and the
Mayville Zoning Map;
(c)
Any development within these areas should be
planned through an area development plan or site-specific master plan
to assist future urban development patterns and efficient extension
of urban services;
(d)
Proposed uses need to be assessed for their
ability to be serviced by public services, such as sewer and water,
in accordance with established engineering and feasibility studies;
and
(e)
The development must be compatible with the
adopted Future Land Use Map of the City of Mayville, Dodge County,
and the zoning ordinances of the Town and/or the City of Mayville
as applicable if the property under consideration is within the City
of Mayville extraterritorial zoning jurisdiction.
C.
Exception
to limitation in parcel size.
[Added 3-19-2012 by Ord. No. 1045-2012]
(1)
Where appropriate, the City’s approval authority may approve an exception and waiver to the two-acre-in-size parcel limitation as set forth in § 425-20B(1)(a). Exception and waiver may not be granted unless findings are made based upon evidence presented in each specific case as follows:
(a)
Exceptional, extraordinary, or unusual circumstances or conditions
must exist which are unique to the parcel for which relief is sought
which are not applicable generally to other property.
(b)
A particular hardship must be shown to exist for the parcel as distinguished
from a mere inconvenience.
(c)
The exception and waiver must not be contrary to the purpose and
spirit of the Subdivision Ordinance.
(d)
For creation of a parcel in excess of two acres, the parcel must
contain existing structures as of the date of the enactment of this
subsection; one of the structures shall be occupied and habitable
for residential purposes.
(2)
Any
parcel permitted by exception and waiver to the two-acre limit becomes
a nonconforming parcel and lot.
[Amended by Ord. No. 927-2002]
When it is proposed to replat a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider or person wishing to replat shall then proceed as specified in §§ 425-15 through 425-17 above. Court vacations of plats are required when areas dedicated to the public are altered. The City Clerk shall schedule, within the time period specified in § 425-17 above for the Council to take action upon the plat, a public hearing before the Plan Commission when a preliminary plat or a replat of land within the City is filed and shall cause notices of the proposed replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200 feet of the exterior boundaries of the proposed replat.
[Amended by Ord. No. 720-90A; Ord. No. 927-2002]
A.
When it is proposed to divide land into two parcels
or building sites, any one of which is less than four acres in size,
or when it is proposed to divide a block, lot or outlet into not more
than four parcels or building sites without changing the boundaries
of said block, lot or outlet, the subdivider may subdivide by use
of a certified survey map. The subdivider shall prepare the certified
survey map in accordance with this chapter and shall file 12 copies
of the map and the letter of application with the City Clerk at least
15 days prior to the meeting of the Plan Commission at which action
is desired.
B.
The City Clerk shall transmit the copies of the map
and letter of application to Council members and the Plan Commission.
[Amended 3-10-2008 by Ord. No. 1006-2008]
C.
The Plan Commission shall transmit a copy of the map
to all affected boards, commissions, departments and all affected
public utility companies for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Plan Commission within 10 days from the date the
map is filed. The map shall be reviewed by the Commission for conformance
with this chapter and all ordinances, rules, regulations, the Comprehensive
Plan and Comprehensive Plan components which affect it. The Commission
shall, within 30 days from the date of filing of the map, recommend
approval, conditional approval or rejection of the map and shall transmit
the map along with its recommendations to the Council.
D.
The Council shall approve, approve conditionally or
reject such map within 90 days from the date of filing of the map,
unless the time is extended by agreement with the subdivider. If the
map is rejected, the reason shall be stated in the minutes of meeting
and a written statement supplied to the subdivider. If the map is
approved, the Council shall cause the City Clerk to so certify on
the face of the original map and return the map to the subdivider.
[Amended 3-10-2008 by Ord. No. 1006-2008]
E.
The City Clerk shall record the map with the County
Register of Deeds within six months of its approval. The subdivider
shall be responsible for the recording fee. The certified survey map
shall only be recorded with the County Register of Deeds after the
certificates of the Council and the surveyor are placed on the face
of the map.
[Amended 3-10-2008 by Ord. No. 1006-2008]
F.
The subdivider shall file 10 certified copies of the
certified survey map with the City Clerk for distribution to appropriate
local agencies and offices.
