Lot Creation Ordinanace
AN ORDINANCE TO
ESTABLISH STANDARDS AND RESTRICTIONS FOR THE CREATION OF LOTS IN THE TOWN
OF GREENVILLE OUTSIDE THE BOUNDARIES OF THE TOWN OF GREENVILLE SANITARY
DISTRICT.
WHEREAS, pursuant to authority conferred by Section 60.61, 60.62
and 62.23 Wis. Stats., the Town of Greenville has prepared and adopted a
comprehensive land use plan for the future growth and development of the Town of
Greenville; and
WHEREAS, the comprehensive land use plan was based on studies and
analysis of past and future growth in the Town of Greenville and recommendations
from citizens groups regarding growth and development issues in the Town of
Greenville; and
WHEREAS, based on the studies, analysis and citizen
recommendations, the Town of Greenville Board of Supervisors makes the following
findings:
1.
Over the last five years, 456 new lots were created in the Town of
Greenville, seventy-five percent of which were located within the Town of
Greenville Sanitary District.
2.
There has been a substantial investment in public infrastructure within
the Town of Greenville Sanitary District.
3.
There are sufficient and suitable areas within the Town of Greenville
Sanitary District to accommodate the majority of future Town growth with
existing infrastructure or with the cost effective extension of existing
infrastructure.
4.
The uncontrolled division of land for development outside of the Town
Sanitary District is detrimental to farming, the preservation of open space and
the efficient provision of public services and public improvements.
5.
The public health, safety and general welfare will be promoted by
reasonable restrictions and conditions on the division of land in the Town of
Greenville outside of the Town Sanitary District.
NOW THEREFORE, the Town
Board of Supervisors does hereby ordain that the following restrictions and
conditions apply to all land divisions and subdivisions in the Town of
Greenville outside of the Town Sanitary District.
SECTION 1. PURPOSE.
1. To
protect and preserve open spaces in the Town.
2. To
protect and maintain farms and agricultural lands.
3. To
minimize adverse visual effects of scattered growth
4. To
maximize the use of existing public infrastructure in the Town
Sanitary District.
SECTION 2. DEFINITIONS.
1.
"Conservation easement" means a holder's nonpossessory interest
in real property imposing any limitations or affirmative obligation the purpose
of which includes retaining or protecting natural, scenic or open space values
of real property, assuring availability of real property for agricultural,
forest, recreational or open space use, protecting natural resources or
preserving historical, architectural or cultural aspects of real property (s.
700.40).
2.
"Conservation subdivision" means a subdivision where not less
than 50 percent of the total area of the plat is set aside and restricted as
common open space by a conservation easement or other suitable instrument as set
forth in Section 5.10 Town of Greenville Subdivision Ordinance.
3.
"Land division" means the division of any lot, tract or parcel
of land into two but not more than four lots, tracts or parcels of land
regardless of size and for any purpose whatsoever.
Land divisions shall be made by certified survey map as defined in s.
236.34 and approved by the Town.
4.
"Subdivision" means the division of any lot, tract or parcel of
land into more than four lots, tracts or parcels of land regardless of size and
for any purpose whatsoever.
SECTION 3. RESTRICTIONS
ON LAND DIVISIONS AND SUBDIVISIONS.
1.
Annual Restrictions on Creating Lots Outside of the Town of Greenville
Sanitary District. The Town of
Greenville shall not approve the creation of more than ten (10) lots or parcels
by land division and not more than twenty (20) lots by subdivision, which is not
a conservation subdivision, within any given calendar year (January 1 –
December 31) outside of the boundaries of the Town of Greenville Sanitary
District.
2.
Restrictions and Requirements for Subdivisions Outside of the Town of
Greenville Sanitary District. A
subdivision, which is not a conservation subdivision, shall not be approved
unless the owner obtains a conservation easement as defined herein of equal
acreage as the subdivision on the same parcel or another parcel within the Town
of Greenville which is not otherwise restricted or protected from development
and which is suitable and appropriate to preserve and protect for conservation
purposes as determined by the Town of Greenville Planning Commission.
(a) Not
otherwise restricted or protected from development includes property that is not
subject to state and county wetland or floodway regulations; property that is
not subject to recorded restrictions which prohibit residential, commercial or
industrial development; property that comprises public right of ways or private
easements for ingress and egress; and property that is part of a parcel of
record which serves to meet the open space, setback or yard requirements for any
existing development.
(b) Appropriate
to preserve and protect for conservation purposes includes areas of sufficient
size, suitable location, and inherent natural characteristics to provide
environmental or scenic value and benefits to occupants of the subdivision and
the Town of Greenville.
3.
Exemptions from Restrictions. The
following divisions are exempt from the annual restrictions on creating lots
outside of the Town of Greenville Sanitary District.
(a)
One (1) lot for a parent or child of an owner who resides on or owns the
parcel proposed to be divided.
(b)
Conservation Subdivision.
(c)
Any division caused by the extension of a public right-of-way or any
other act of the Town of Greenville.
SECTION 4.
ADMINISTRATION.
1.
Reports to the Planning Commission.
The Town Clerk shall keep a record of each submittal for land
divisions and subdivisions outside of the Town of Greenville Sanitary District
by date and time of submittal. The
Town Clerk shall provide a monthly report, in writing, to the Town of Greenville
Planning Commission of each submittal and the number of lots proposed to be
created by each submittal and the number of lots already created outside of the
Town of Greenville Sanitary District in the planning period and the current
calendar year.
2.
Submittals Exceeding Lot Restrictions.
In the event that the Town of Greenville receives approval requests for
land divisions and subdivisions exceeding the maximum allowable number of lots
for outside of the Town of Greenville Sanitary District, the Town of Greenville
shall file such approval requests in the order in which they were received.
Within thirty days of receipt of such land division or subdivision, the
Town Planning Commission shall notify the applicant in writing that the
submittal would not meet the requirements of this ordinance and reject the land
division or subdivision until such time that the proposed division or
subdivision would not exceed the restrictions herein.
Thereafter, the Town of Greenville Planning Commission and Town Board, in
the order of submittal, shall take action to approve, conditionally approve or
reject the land division or subdivision consistent with the Town of Greenville
Subdivision Ordinance and consistent with this Ordinance.
3.
Reports to the Town Board. The
Town of Greenville Planning Commission shall provide by December 15th
every year, an annual report, in writing, to the Town Board, of the number of
lots approved outside of the Town of Greenville Sanitary District, the number of
submittals pending, and the number of lots created within the Town of Greenville
Sanitary District. In the event
that the number of lots created within the Town of Greenville Sanitary District
exceeded 75, the Planning Commission shall report such matter to the Town Board
along with the percentage increase allowable for the creation of lots outside of
the Town of Greenville Sanitary District for the next calendar year.
In the event that in any given year outside the Sanitary District less
than 10 lots are created by land division, and less than 20 lots by subdivision,
which are not part of a conservation subdivision, the residual number of
allowable lots, in each category, shall carry over into the succeeding calendar
year.
4.
Appeals. Any person
aggrieved by the rejection of a land division or subdivision plat under this
ordinance may appeal therefrom within 30 days of notification of the rejection
of the land division or subdivision plat to the Town Board.
SECTION 5. REMEDIES
AND PENALTIES.
1.
Remedies. The Town of
Greenville may institute an action for an injunction or other appropriate action
or proceeding to enjoin a violation of any provision of this ordinance.
2.
Penalties. The Town of
Greenville may impose a forfeiture for a violation of this ordinance of not less
than $200.00 or more than $500.00 plus costs of prosecution upon conviction for
any violation. In addition, the
Town may seek the remedies available under Section 230.30, 236.31 and 236.32
Wis. Stats.
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