Ordinance 445 - City of New Richmond

ORDINANCE #445

THE COMMON COUNCIL OF THE CITY OF NEW RICHMOND DOES ORDAIN AS FOLLOWS:

The following sections to be repealed and recreated as follows:

Sec. 117-50.  Procedures and standards for land divisions within the extraterritorial plat approval jurisdiction.

(a) Application required. No person, firm or corporation shall divide any land located within the 1 1/2 mile extraterritorial plat approval jurisdiction of the City without first filing an application and a subdivision plat or certified survey map with the City for approval with a fee as prescribed by resolution and gaining such approval and meeting all conditions of approval by the City. 

(b) Pre-application procedure.   

(1) Before filing an application for approval, the subdivider shall consult with the Planning Department, and shall:

a. Prepare a concept presentation, including sketch-level drawings for review and approval.

b. Complete an environmental assessment checklist.

(2) This procedure will assist the developer in understanding the objectives of these regulations, the master plan, the official map, other pertinent City ordinances, and other bases for approval as defined in Wis. Stats. § 236.13.

(3) When the Planning Department has concluded its re-application review and discussions with the applicant and when the Department is satisfied that the pre-application submittal materials and work product from staff reviews are reasonably complete, the pre-application information shall be submitted to the Plan Commission for review and approval; this submittal shall occur no less than ten days prior to when the application will be scheduled before the Plan Commission.

(c) Extraterritorial land division standards. The following standards shall govern the City review and actions on divisions of land within the 1 1/2-mile extraterritorial area: 

(1) Except at provided in subd. (2), (3) and (4) below, no new land parcels less than 35 acres in size may be created by land division or subdivision.

(2) The City may grant approval of a land division dividing a parcel of agricultural land into two parcels, one of which is less than 35 acres in size, if the City determines that the proposed land division will assist and assure the continuation of the agricultural use.

(3) The City may grant approval of a land division dividing an existing parcel containing two or more existing residential buildings into separate parcels for each existing residential building, provided that no new parcel may be created by the division that does not include an existing residential building.

(4) The creation of a parcel by a certified survey map that is to be transferred to an immediately adjacent property owner is exempt from this chapter provided no additional building lot is created.

(5) Existing parcels that are less than 35 acres in size shall be recognized as grandfathered under this 2011 amendment to this chapter, but may not be further divided.

(6) If the City and the town in which a land area is located have entered into an intergovernmental agreement that calls for or allows land divisions creating new parcels less than 35 acres in size, the terms and standards of such agreement shall become standards for City approval of land divisions in areas covered by such agreement.

(7) In all cases, the time period within which action is required shall not begin until the town board, pertinent County reviewing officials, and the City have received all maps, drawings and data required for plat approval, applications have been completed and fees have been paid.

(Code 1994, § 14-1-37; Ord. No. 336, 5-9-2005; Ord. No. 339, 7-18-2005; Ord. No. 352, § 14-1-37, 2-13-2006)

This ordinance shall take effect immediately upon passage and publication as provided by law.

Passed and approved: January 14, 2013

Published and effective: February 14, 2013

Frederick Horne, Mayor

ATTEST: Tanya Reigel, Clerk

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WNAXLP

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