Adopted 4/13/04
Ordinance #04-01
Town
of York, Green County
Land Division-Development Ordinance
1.
AUTHORITY
These regulations
are adopted under the authority granted by Section 236.45 of the Wisconsin
Statutes, with the addition of Sections 60.10(2), 60.22(3) and 61.34(1).
2.
PURPOSE
The purpose of this
ordinance is to promote the public health, safety and general welfare of the
community. The regulations are
designed to further the orderly layout and use of land to avoid undue
concentration of population; to facilitate adequate provision for water,
sewerage, schools, parks, playgrounds, and other public requirements to
minimize the public impact from subdivision of large tracts of land into
smaller parcels of land; to encourage the most appropriate use of land
throughout the Town; and to provide the best possible environment for human
habitation.
3.
JURISDICTION
Every division of land within the unincorporated areas
of the Town of York, Green County, Wisconsin, shall be subject to all
provisions of this ordinance and Chapter 236 of the Wisconsin Statutes.
4.
EXCEPTIONS
In no instance shall the provisions of this ordinance
apply to divisions of tracts of land into less than 5 parcels under any of the
following:
a.
transfers of interest in land by will or pursuant to court order
b.
leases for a term not to exceed ten (10) years, mortgages, or
easements;
c.
the sale or exchange of land between owners of adjoining property if
additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this
ordinance; and
d.
the redrawing of lot lines by the owner of a parcel as to create the same
number or fewer lots within that parcel, so long as each
of the resulting lots are of equal or greater size than the
minimum sizes required by this ordinance.
5.
COMPLIANCE
No person, firm,
corporation, partnership or legal entity of any sort shall divide any land
located within the Town which results in a land division as defined herein
without compliance with all requirements of this ordinance and with:
a.
Chapter 236 of the Wisconsin Statutes
b.
Green County Zoning Regulations, Sanitary Code, and Subdivision regulations
c.
State of Wisconsin rules of sewers and septic systems
d.
State of Wisconsin rules on pollution abatement
e.
State of Wisconsin Department of Transportation rules relating to safety of
access and the preservation of the public interest and
investment in the highway system if the land owned or
controlled by the subdivided abuts on a state trunk highway or connection
street; and
f.
All applicable master plans, zoning ordinances, official maps adopted under
Section 62.33 Stats. and any other ordinances and
regulations.
Where
provisions of this ordinance impose greater restrictions than a-f above, it is
intended that the provisions of this ordinance shall apply.
6.
DEFINITIONS
a.
Certified survey map – a map of land prepared in accordance with Sec.
236.34 of the Wisconsin Statutes and in full compliance
with applicable provisions of this ordinance.
A certified survey has the same legal force and effect as a subdivision
plat.
b.
Commission – The Town of York Plan Commission
c.
Board – The York Town Board
d.
Land Division – The division of a parcel of land by the owner thereof
or the owner’s agent where the act of division creates two
or more parcels.
e.
Lot – Land two and a half (2.5) acres or larger in area created by a land
division.
f.
Land divider – Any person, corporation, or other entity requesting
review or action of a land division.
g.
Parcel – Contiguous land under the control of a land divider
regardless of whether it is separated by streets, highways, railroad
right-of-ways, utility easements, or other easements.
h.
Adjoining property – Parcels of land under the control of separate
owners that share common border lines or points regardless of
whether they are separated by streets, highways, or railroad
right-of-ways.
i.
Setback lot – A lot not contiguous to a road except that portion that
serves as the access driveway and not less than 450’ at its
closest point from any town road, county road or state
highway. The area of the driveway
serving the setback lot shall be
excluded for the purpose of calculating the minimum two and a
half (2.5) acre lot size.
j.
Standard lot – A lot that is contiguous to a road and does not meet
the definition of a Setback lot.
k.
Dwelling unit – A residential building created for a single family.
Each single family unit of a multi-family building counts as one
dwelling unit (a duplex, for example, is two (2) dwelling units).
7.
LAND DIVISIONS WITH OR WITHOUT A CERTIFIED SURVEY
a.
A certified survey map (CSM) prepared by a land surveyor registered in this
state shall be required for all land divisions that
create any parcel less than thirty-five (35) acres.
A CSM is not required if the division of land does not create any
parcels less
than thirty five (35) acres.
The map shall comply in all respects with the requirements of Sec.
236.34 of the Wisconsin Statutes.
b.
Parcel Size: One (1) division of
land shall be allowed for every twenty (20)
contiguous acres under the control of a
land divider as of the original
effective date of this ordinance. The
resultant division may create no lots less than two and a half
(2.5) acres except in the case of a setback lot when the minimum
size will be two and a half (2.5) acres excluding the area for the
access of the driveway. This limitation runs with the land in
perpetuity and is irrespective of future ownership. The clerk shall
maintain a database tracking the number of allowable divisions
per parcel. If the land divider
has any remaining divisions he or
she may choose to transfer one or more
of these remaining divisions to the newly created lot(s).
Any lots created exceeding twenty (20) acres may not be further divided
if all allowable divisions have been exhausted or
transferred. The
land divider will be required to include language on the instruments of
conveyance noting the number allowable
for future divisions, if any, that are allowed.
c.
Normal Density and Frontage
(1) All existing parcels of twenty (20)
acres or more as of the date of adoption of this ordinance with amendment
shall have the number
of dwelling units determined as follows: the number of acres is
divided by twenty (20), and the resulting number is rounded up
if .50 or larger. (example:
75 acres divided by 20=3.75, rounded up to 4 lots totaling four (4) dwelling
units.
(2) Standard lots created by divisions shall have a minimum of two
hundred feet (200’) of frontage on an existing town road,
county highway or state highway; setback lots shall have a minimum of
fifty feet (50’) of frontage on an existing town road,
county highway or state highway.
(3) An existing dwelling that has been occupied as a dwelling within
five years prior to the date of adoption of this ordinance on
a parcel does not count against the allowed one density unit
per 20 acres.
(4) Variances may
be issued for instances which will not be contrary to the public interest
where, owing to special conditions, a
literal enforcement will result in practical difficulty or
unnecessary hardship that the spirit and purposes of this ordinance
shall be observed and the public safety, welfare and justice
secured. When making
determinations about the appropriateness
of the variance
applications, the Town Plan Commission will analyze the proposal to
see if it is compatible with the policies
and comment and hold a hearing before making any determination on the
granting of the variance.
Determinations of the
Plan Commission will be referred to the Town Board, for final
review and determination.
(5) Special Density Exceptions. The
following are exception to the limited number of density units as calculated
in this 7(c):
Non-Contiguous parcels-A non-contiguous parcel of land
of less than 20 acres that was in existence prior to the Town’s
adoption of this ordinance.
(6) This plan is a guide
to allow for orderly, planned growth that will be compatible with the rural
character of the town and the
agriculture
which is the principal use of lands in the town.
This plan must be reviewed on a annual
basis to assess its
compatibility with the needs of the town.
d.
Information required: The survey
map as called for in this ordinance shall show correctly on its face,
in addition to the
information required by Sec. 236.34 Wisc. Stats., the following:
(1) Date of the map;
(2) Graphic scale;
(3) Name and address of the owner, land divider and surveyor.
e.
Certificates
(1) Surveyor – The surveyor shall certify on the face of the map that
he has fully complied with all provisions of this ordinance;
(2) Town – The following certificate of approval shall be typed,
lettered, or otherwise reproduced legibly on the face of the map:
APPROVED BY THE TOWN OF YORK
___________________(chairman) ______________(date)
___________________(clerk)
_______________(date)
f.
Recording. The land divider shall
record the Certified Survey Map with the Green County Register of Deeds after
it has been
approved, and shall file a certified copy of the recorded map
with the Clerk within ten (10) days after the map is recorded.
8.
PROCEDURE FOR APPROVAL OF LAND DIVISIONS
Any
land divider who shall divide land located in the Town of York which creates a
land division as defined in this ordinance shall comply with the following
procedure:
a.
The land divider shall prepare a Preliminary Parcel Division Inquiry.
It shall be submitted to the Town of York Plan
Commission for review. The
inquiry shall include a legible map showing boundaries and acreage of the
original parcel and the
lots to be created thereon, location of proposed improvements,
and location of natural waterways and other natural topographical
features. Preliminary
Parcel Inquiry forms and instructions may be obtained from the clerk.
b.
The Plan Commission shall review the proposed division for compliance with the
provisions of this ordinance. The
Plan
Commission shall review the records of the clerk to determine
if the parcel in question has been subject to previous division or is
subject to deed restrictions.
c.
Upon approval of the Preliminary Parcel Division Inquiry by the Plan
Commission, the land divider shall submit to the Plan
Commission a Certified Survey Map (CSM) prepared by a
registered surveyor if a CSM is required by paragraph 6 of this
ordinance. The survey shall include an accurate legal
description of the parcel from which the new lots are to be created, the
acreage of each proposed lot, locations of all proposed
driveways, locations of public road frontage, locations of natural
waterways or other natural
topographical features, locations of proposed public and/or private easements,
and descriptions of
intended uses. If
a CSM is not required for the proposed division, the Plan Commission shall
forward its recommendation for
approval, conditional approval, or rejection of the proposed
division to the Town Board.
d.
If the Preliminary Parcel Division Inquiry is rejected by the Plan Commission,
the land divider may appeal that decision to the
Town Board or resubmit an amended inquiry to the Plan
Commission.
e.
If a CSM is required, the Plan Commission shall review the CSM for compliance
with the provisions of this ordinance and
forward its recommendation for approval, conditional approval or
rejection to the Town Board.
f.
Upon receiving the recommendation of the Plan Commission, the Town Board shall
approve, approve conditionally or reject the
land division based on the determination as to its conformance
with the provision of this ordinance and other applicable Town
ordinances. As a
condition of approval the Town Board may require the land divider to include
deed restriction language on any
instrument of conveyance.
g.
No Driveway Permit will be issued and
no construction shall commence on a lot created by a land division which
does not
comply with the provisions
of this ordinance.
9. LAND
SUITABILITY
No
land shall be divided which is held unsuitable for the proposed use by the
Plan Commission for reasons of flooding inadequate
draining,
soil and rock formations with severe limitations for development, severe
erosion potential, unfavorable topography,
inadequate
septic or sewerage disposal capabilities, or any feature likely to be harmful
to the health, safety, or welfare of the future
residents
of the community. The Plan Commission in applying the provisions of this
ordinance shall, in writing, recite the particular
facts
upon which it bases its conclusion that the land is not suitable for the
proposed use and afford the land divider an opportunity to
present
evidence regarding suitability at a public hearing before the Town Board.
Thereafter, the Town Board may affirm, modify,
or
withdraw the determination of unsuitability.
10. PENALTIES
Any
person, firm or corporation who fails to comply with the provisions of this
ordinance shall, upon conviction, be subject to
penalties
and forfeitures as provided in Sections 236.30, 236.31, 236.32, 236.335, and
236.35 Wisc. Stats.
11.
SEVERABILITY
The
provisions of this ordinance shall be deemed severable and it is expressly
declared that the Town Board would have passed the
other
provisions of this ordinance irrespective of whether or not one or more
provisions may have been declared invalid.
If any
provision
of this ordinance or the applicability thereof to any person or circumstance
is held invalid, the remainder of the ordinance
and
the application of such provisions to other persons or circumstances shall not
be affected thereby.
12.
EFFECTIVE DATE
This ordinance shall take effect one
day after its publication or posting as required by law.
This
ordinance was adopted by the Town of York Board of Supervisors at a meeting on
the
13th day of April, 2004 by a vote of 3 aye and 0 no, recorded as follows:
Chairman,
yes; 1st Supervisor, yes; 2nd Supervisor, yes
Gordon
D. Peterson, Chairman
Lyle
Klosterman, 1st Supervisor
Robert
Bergman, 2nd Supervisor
Marilyn
Jaeger, Clerk
Amended
to define “dwelling unit”, December 14, 2004
Original
Ordinance, signed, on file with the Town Clerk
Town of
York
Complete
this form and return it and attachment to:
York Town Clerk
N8791 York Center Rd.
Blanchardville, WI 53516
PRELIMINARY
PARCEL DIVISION INQUIRY
I. Name of land divider (current owner) of land proposed for
division:
____________________________________________________________________
Address:
______________________________________________________________
Phone:
day (_____)______________________
evening (_____)_______________
II. Name of divider (applicant) if different from current owner:
______________________________________________________________________
Address:
_______________________________________________________________
Phone:
day (_____)______________________
evening (_____)_______________
III. Description of land proposed for division:
Section:
________ Parcel
number(s): _______________________________
IV. Intended use of land:
___________________________________________________
Status of perc test(s):
___________________________________________________
ATTACH A MAP OF THE
PROPOSED DIVISION WITH ALL INFORMATION AS REQUIRED IN THE Town of York LAND
DIVISION ORDINANCE, #8a.
V. Applicant’s signature:
_________________________________________________
Date: ___________________________
This
form will be presented to the Town of York Plan Commission for review and
approval before it is submitted to the Town Board.
You will be notified of the status of your inquiry.
Plan Commission
recommendation: _____________________________________
Board approval:
_________________________________________________________
Date: __________________________________
Form 5-17-04
Download printable Inquiry Form