It is the intent of the City of Lodi that land
be developed in harmony with the following policies agreed to in the
Comprehensive Plan, Zoning Code, Official Map, and other applicable
municipal codes. Other general objectives of this chapter include:
A.
To plan the location and/or timing of new development
to make it efficient, to reduce public costs and to encourage separation
and distinction between municipalities.
B.
To direct and stage new growth only in those areas
planned and programmed for development and capable of providing a
full range of urban services, including transportation and schools.
C.
To discourage scattered development and urban sprawl.
D.
To ensure that land uses complement rather than conflict
with natural features, such as rolling topography, trees, creeks,
ponds and rock formations.
E.
To encourage preservation of open space and aesthetic
quality in development.
F.
To promote and maintain balanced commercial activity
that is viable and responsive to the needs of the community and the
surrounding market area.
G.
To encourage development in the City with balanced
residential, commercial, industrial, and open space use and public
services.
A.
No land shall be divided or subdivided for a use which
is held unsuitable by the Plan Commission for reason of flooding or
potential flooding, soil limitations, inadequate drainage, steep topography,
incompatible surrounding land use, or any other condition likely to
be harmful to the health, safety or welfare of the future residents
or users of the area, or harmful to the community.
B.
The Plan Commission may impose special conditions
on the plat or certified survey map deemed necessary to protect the
health, safety or welfare of future residents of the area. Those areas
which are found to be environmentally sensitive shall be considered
for preservation as open space. The subdivider shall furnish such
maps, data and information as may be necessary to make a determination
of land suitability.
A.
Public facilities and services required. A certified
survey, preliminary plat or final plat shall not be approved unless
the Plan Commission determines that adequate public facilities and
public services are available to meet the needs of the proposed subdivision.
The applicant shall furnish any data requested by the Zoning Administrator
who shall transmit this information to appropriate City commissions,
committees and boards for review and shall act as coordinator for
their reports to the Plan Commission on the adequacy of water, sanitary
and storm sewers, fire service, police, parks and open space and recreation
facilities, and transportation facilities.
B.
Conditions for approval. Public facilities and public
services for a proposed subdivision may be found to be adequate when
the following conditions exist:
[Amended 10-10-2006 by Ord. No. A-361]
(1)
The proposed subdivision is located in a sewer service
area or where mainline interceptor sewer service is planned for extension
of sewer service. The Plan Commission shall also consider the recommendations
of the Zoning Administrator and the Utility Commission on the capacity
of trunk lines and of sewage treatment facilities and any other information
presented.
(2)
The proposed subdivision is located within water service
area or will be serviced by a planned water main with adequate capacity
for the proposed development. The Plan Commission shall consider the
recommendations of the Zoning Administrator and the Utility Commission
on line capacities, water sources and storage facilities as well as
any other information presented.
(3)
The proposed subdivision is accessible by existing,
publicly maintained, all-weather roads adequate to accommodate both
existing traffic and that traffic to be generated by the proposed
subdivision, or necessary additional roads and road improvements are
budgeted for construction with public or private financing, or public
bus service sufficient to serve the subdivision in combination with
the foregoing is available or programmed for the area. The Plan Commission
shall also consider the recommendations of the Zoning Administrator
and Utility Commmission with respect to such factors as level of service,
average and peak use, and any of the information presented.
C.
Partial approval or phasing. Where the Plan Commission
and the Common Council determine that one or more public facilities
or services are not adequate for the proposed development but that
a portion of the area could be served adequately, or that careful
phasing of the development could result in all public facilities and
public services being adequate, conditional approval may include only
such portions or may specify phasing of the development.
[Amended 10-3-2006 by Ord. No. A-359]
In the case of all subdivisions within the City, including minor subdivisions, lot sizes shall conform to the area and width requirements of the Zoning Code. Lot sizes for extraterritorial land divisions or subdivisions shall be governed by § 300-7.1.
A.
Public right-of-way dedications and easements. Whenever
a tract of land to be divided within the jurisdiction of this chapter
encompasses all or any part of a street, highway, bikeway, pedestrianway,
greenway, environmental corridor, waterway, or drainage or utility
easement designated in the Comprehensive Plan or Official Map, the
subdivider shall plat said public way in the locations and dimensions
indicated on said Comprehensive Plan or Official Map. The Common Council
shall determine whether said public way should be dedicated to the
public or reserved by the subdivider.
[Amended 10-10-2006 by Ord. No. A-361]
B.
Park and recreation sites. Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of a park site, open space or other recreation area or school site designated in the Comprehensive Plan, Park and Open Space Plan, or Official Map, said public sites shall be platted and dedicated or reserved by the subdivider at the discretion of the Plan Commission in the locations and dimensions indicated on said plans or map in accordance with the requirements of Article VI of this chapter.
C.
Changes. Once a preliminary plat or certified survey
is approved, any lands proposed for public use above shall not be
altered without approval of the Common Council.
[Added 10-3-2006 by Ord. No. A-359]
In addition to complying with all other standards
and requirements of this chapter, subdivisions and minor subdivisions
within 1 1/2 miles of the corporate limits of the City shall comply
with the following procedures and standards:
A.
At the start of City review of such subdivisions,
the City Attorney or legal counsel shall advise the Plan Commission
as to the regulatory standards of this chapter that can legally be
applied in light of current statutory and case law, and only those
regulatory standards shall be applied.
B.
The following standards addressing appropriateness
of land use shall apply to all subdivisions and land divisions in
the extraterritorial jurisdiction established by this chapter:
(1)
Based upon consideration of applicable plans and zoning,
the stated intent of the applicant (a statement of intent as to land
use shall be a required part of the application for City approval),
and other relevant information, the Plan Commission shall adopt a
finding of probable use for the lots, outlots and land dedications
proposed to be created.
(2)
As a mandatory precondition of approval, the Common
Council, upon advice from the Plan Commission, shall affirmatively
find that the probable use or uses identified by the Plan Commission
are compatible with present and projected uses of nearby lands, and
reasonably consistent with planned land use patterns, and that the
projected development represents logical, sequential land use transition,
and that agreements are in place between the subdivider-developer
and all relevant agencies and entities that have responsibility for
providing the proposed development with public services and utility
services by which services will be extended and public and utility
costs within and beyond the proposed subdivision will be recovered.
A.
Failure to comply invalidates transfers. Failure to
comply with the requirements of this chapter shall invalidate purported
transfers of titles at the option of the purchaser in accordance with
the provisions of § 236.31(3), Wis. Stats.
B.
Penalties. Any person, firm, association, or corporation who or which shall violate any of the provisions of this chapter shall, upon judgment or conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. In any such action, the fact that a permit shall have been issued by any City official or department shall not constitute a defense, nor shall any oversight on the part of any public official, board, or department constitute a defense.
[Amended 10-10-2006 by Ord. No. A-361]
C.
Building permits denied. A building permit shall be
refused for any site violation of this chapter.
A.
The provisions of this chapter shall not apply to:
(1)
Transfers of interests in land by will or pursuant
to court order.
(2)
Leases for a term not to exceed 10 years, mortgages,
or easements.
(3)
The sale or exchange or parcels 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 the Zoning Code or other applicable laws or ordinances, unless
the parcels have been part of a prior land division or subdivision.
B.
Where sale or exchange of parcels involves only a
change of lot lines, a land division based on a boundary line survey
by a registered surveyor may be approved by the Zoning Administrator
after a staff review to determine conformance with City of Lodi ordinances.
For purposes of this section, the term "review
costs" means any costs incurred by the City for attorneys, engineers
or other consultants to review preliminary plats, final plats, certified
survey maps, or any other documents permitted or required to be filed
with or submitted to the City under this chapter; to prepare, negotiate
or review legal, engineering or other documents that are prepared
or filed in connection with any development for which any such plat
or certified survey map is submitted; and to correspond or confer
with each other, City officials, subdividers, owners and their representatives
in connection with such development. Review costs shall be borne by
the subdivider. The City reserves the right to require an escrow fund
to be established, on terms approved by the City, and to require the
subdivider to deposit therein funds sufficient to cover anticipated
review costs. All known review costs shall be paid by the subdivider
prior to the City issuing any approvals or permits requested under
this chapter. Issuance of a permit shall not, however, be considered
a waiver by the City of its right to be paid for review costs whether
known or unknown at the time the approval or permit was issued.
