Section 21.030 General Provisions.

21.030 General Provisions.

(1) Jurisdiction. The jurisdiction of this chapter shall include all lands within the corporate limits of the City as well as the unincorporated area within three miles of the corporate limits as set forth in Wis. Stat. § 62.23(7a) except as provided in Wis. Stat. §§ 236.10(2) and 66.0105. The provisions of this chapter pertaining to divisions of tracts of land into less than five parcels shall not apply to:

(a) Transfers of interests in land by will or pursuant to court order.

(b) Leases for a term not to exceed 10 years, mortgages or easements.

(c) The sale or exchange of 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 Wis. Stat. § 236.45, these regulations, the Zoning Ordinance, or other applicable laws or ordinances.

(d) The division of land into parcels greater than 10 acres.

(2) Compliance. No person, firm or corporation shall divide any land located within the jurisdictional limits of these regulations which results in a lot division, subdivision, or a replat as defined herein; no such division or replat shall be entitled to record, and no streets be laid out or improvements made to land, without compliance with all requirements of this chapter, and:

(a) Provisions of Wis. Stat. Ch. 236.

(b) Rules of the Wisconsin Department of Administration.

(d) Duly approved Comprehensive Plan, or any component thereof, including the Zoning Ordinance, Official Map, and all other applicable ordinances of the City of Manitowoc.

(e) Other applicable ordinances including County and Town ordinances.

(3) Legal Description Reference Points. Pursuant to Wis. Stat. § 236.18(a), all approved CSMs, subdivision plats, and the like, received by the City, shall have their distances and bearings referenced to the Wisconsin Coordinate Reference System.

(4) Dedications and Reservation of Lands.

(a) Wherever a tract of land to be subdivided embraces all or any part of an arterial street, drainageway or other public way which has been designated in the Comprehensive Plan or component part thereof, or the existing Official Map of the City, said public way shall be made a part of the plat and/or CSM and dedicated or reserved or treated by the developer as determined by the City Plan Commission in the locations and dimensions indicated on such plan or map as set forth in this chapter.

(b) Wherever a proposed playground, park, stormwater management or treatment facilities under Chapter 28 MMC, school site or other public land, other than streets or drainageways, designated in the Comprehensive Plan, a component part thereof, or on the existing Official Map of the City is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be so designed as to be made an integral part of the plat and/or CSM and may be dedicated but, in any case, shall be reserved for acquisition at the established market price at the time the plat is approved, by the agency having jurisdiction, for a period not to exceed two years unless extended by mutual agreement.

(c) Wherever a subdivision abuts a public use area such as a park, lake, stream or any similar type of public recreational area, the subdivider, at the option of the City Plan Commission, shall provide an access thoroughfare at least 60 feet wide connecting such public area with a public street so that there shall be adequate public access to the public use area as determined by the Commission.

(d) The dedication of land for public purposes such as parks, stormwater management or treatment facilities under Chapter 28 MMC, rights-of-way, school sites, or easements becomes effective at the time of recording of the CSM or the final plat. Such CSM must be prepared in accordance with Wis. Stat. § 236.34(1)(e).

(e) On sites reserved for eventual public acquisition, no building development or improvement is permitted during the time of reservation. Land so reserved shall be shown on the plat of a subdivision or on a CSM of other divisions.

(f) Park Dedication Requirement. Prior to approval of the final plat, the subdivider shall dedicate land or provide a payment in lieu of dedication for the development of public park, recreational or open space areas, all as required in this subsection (4)(f).

1. Feasibility of Land Dedication. Following submission of a preliminary plat, the City Plan Commission, in conjunction with the City Engineer, shall determine whether a dedication of land owned by the subdivider in or adjacent to the proposed subdivision is compatible with City development plans. If such compatibility exists, the City Plan Commission shall then determine the location and acreage of land areas to be dedicated, subject to subsection (4)(f)(2) of this section. The City Plan Commission may require that a written agreement be executed with the subdivider prior to final plat approval to establish any details regarding the dedication.

2. Computation of Required Dedication. If the City Plan Commission and City Engineer determine under subsection (4)(f)(1) of this section that a dedication is compatible with City development plans, the subdivider shall dedicate to the City land for park purposes as a condition of final plat approval based on the following percentages of land in the proposed subdivision with the following zoning classifications at the time of final plat approval:


Zoning Classification	% Allocation of Total Gross Residential Acreage
R-1	5
R-2, R-3	7
R-4	9
R-5, R-6, R-7	10

If the subdivider is obligated to dedicate more land than the City Plan Commission determines is needed under the above formula, the subdivider shall make a payment in lieu of dedication under subsection (4)(f)(3) of this section for the balance.

3. Payment in Lieu of Dedication. Where the Common Council determines such dedication is not feasible or incompatible with City plans, the subdivider shall in lieu thereof pay to the City a fee determined by taking an average equalized assessed value per acre of undeveloped property within the City, as determined by the City Assessor, multiplied by the total gross residential acreage in the proposed subdivision (including street right-of-way) which would otherwise be required under subsection (4)(f)(2) of this section. The City Plan Commission shall make a recommendation to the Common Council regarding a final decision to accept land or a payment in lieu thereof under this chapter.

4. Time of Payment. Any payment in lieu of dedication under this subsection shall be due in a lump sum prior to the time of final plat approval.

5. Use of Funds. Payments received hereunder shall be held in a nonlapsing, interest bearing account to be used exclusively for site acquisition of new park land or capital improvement of park and recreational lands.

6. Proportionate Payment in Lieu of Dedication. Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the development, the City Plan Commission may, but shall not be required to, allow such areas or portions thereof to be credited against the requirement of land dedication and/or in lieu of fees for park and recreation purposes, as set forth in this subsection; provided, that the following standards are met:

A. Yards, building separations, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computations of such private open space;

B. Private ownership and maintenance of the open space is adequately provided for by recorded covenants, conditions and restrictions;

C. Use of private open space is restricted for permanent park and recreational purposes by recorded covenants, conditions and restrictions which run with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City; and

D. The proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land.

7. Exempt Lots. No dedication or payment shall be required for a lot, created by the subdivision of land under this chapter, on which a residential structure already exists, or which is a residual parcel in excess of 120 acres and not intended for immediate sale or other conveyance.

(5) Plats or Lot Divisions Outside the Corporate Limits. Before final approval by the City of any plat or CSM located outside the corporate limits of the City, but within the plat approval jurisdiction of the City, the subdivider shall give evidence that he/she has complied with all street and utility improvement requirements of the township in which the land being platted is located as well as evidence of compliance with the requirements of the subdivision regulations for Manitowoc County.

(6) Exceptions. When in the judgment of the Common Council it would be inappropriate to apply literally a provision of this chapter because the subdivision is located outside the corporate limits of the City or because extraordinary hardship would result, the Common Council may grant an exception to, waive or vary such provisions so that substantial justice may be done and the public interest secured; provided, that in no event shall the requirements of filing and recording a CSM or the final plat be waived.

(7) Land Suitability. No land shall be subdivided for residential use which is held unsuitable for such use by the City Plan Commission for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or other features likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community. The City Plan Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability if he/she so desires. Thereafter, the City Plan Commission may affirm, modify, or withdraw its determination of unsuitability.

(8) Official Map. The subdivision layout shall conform to the Official Map of the City as contained in Chapter 22 MMC. However, where necessary and practical, an exception to the exact design as shown on the Official Map may be permitted if such exception does not detrimentally affect the public interest, the spirit and intent of this chapter, or the integrity of the Official Map.

(9) Public Access to Lots. The subdividing of land shall be such as to provide for each lot, and for each stormwater management or treatment facilities under Chapter 28 MMC, by means of either a public street or a permanent 25-foot-wide easement, satisfactory access to an existing public highway or to a street as shown on the Official Map.

(10) Retention of Natural Features. In all subdivisions, consideration shall be given to all natural features such as large trees, natural groves, water courses, scenic points, historic points, and similar community assets, which will add attractiveness and value to the subdivision and preserve these natural assets for the good of the general public.

(11) Subdivision of Land Near Floodplains. In general, no land for residential use shall be subdivided where its elevation is lower than three feet above the highest water level recorded for the area.

(12) Planned Residential Developments. Planned residential developments containing proposals at variance with the requirements of this chapter may be established and shall be considered on the basis of area, density of development, compatibility with adjoining areas, and whether the plans include covenants, deed restrictions or other legal assurances to guarantee that the plan will be implemented and fully achieved.

(13) Division of Commercially Zoned Land. The division of commercially zoned land into residential type lots shall not be permitted. When small areas in the subdivision plat will be created for commercial use, they shall be of sufficient size to implement the operations of a local business zone, and the City Plan Commission may require the subdivider to justify the size and location.

(14) Lot Division Within the Corporate Limits or Extraterritorial Plat Jurisdiction. No person, firm, or corporation shall divide any land located within the corporate limits of the City or its extraterritorial plat approved jurisdiction for the purpose of creating an additional parcel without filing for approval by the City Plan Commission, a CSM meeting all the requirements of Wis. Stat. § 236.34, and which shall show all existing buildings located on the parcel(s) which are a part of the CSM. To the extent practicable, the division creating new lots or building sites shall comply with the provisions of this chapter relating to general requirements, design standards, improvement requirements, stormwater management or treatment facilities under Chapter 28 MMC, and drainage plan requirements.

(15) Violations. It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes, and no person, firm or corporation shall be issued a building permit authorizing the building on or improvement of any subdivision or replat within the jurisdiction of this chapter and not of record as of the effective date of the ordinance codified in this chapter, until the provisions and requirements of this chapter have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.

(16) Penalties. Any person, firm or corporation that fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100.00 nor more than $1,000 and the cost of prosecution for each violation, and, in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment thereof for a period not to exceed six months. Each day a violation exists or continues shall constitute a separate offense.

(a) Recordation improperly made has penalties provided in Wis. Stat. § 236.30.

(b) Conveyance of lots in unrecorded plats has penalties as provided for in Wis. Stat. § 236.31.

(d) Assessor’s plat may be ordered by the City when a subdivision is created by successive divisions as provided in Wis. Stat. § 236.31(2).

[Ord. 12-150 § 1, 2012; Ord. 11-429 §§ 7 – 11, 2011; Ord. 08-490 §§ 31 – 36, 2008. Prior code § 21.03]