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• Madison General Ordinance 16.23 (3) (e) "(e) Land Divisions or Subdivisions in Extraterritorial Plat Approval Jurisdiction. The Plan Commission may recom- mend or approve the subdividing of lands in the extraterritorial plat approval jurisdiction based on the applicable criteria enumerated hereinafter. The Plan Commission shall not consider any subdivision or land division which did not have prior approval by the approving authorities for both the Town(s) and Dane County. The Plan Commission may require any conditions in the approval of a subdivision or land division, including the use of any restrictive covenant. 1. Criteria for Agricultural Land Division. The Plan Commission may grant approval of a land division subdi- viding portions of agricultural lands provided the Commission shall determine that the proposed land divi- sion will assist and assure the continuation of the agricultural use. 2. Criteria for Nonagricultural Subdivision or Land Division. In the case of nonagricultural lands,the Plan Commission may recommend approval of a subdivision to the Common Council or may grant approval of a land division provided that the Plan Commission shall determine that the proposed subdivision or land division complies with each of the following four criteria: a. The proposed subdivision or land division shall be compatible with adjacent land uses and shall maintain the general land use pattern of the area in question. b. The proposed subdivision or land division shall result in a development pattern which is compati- ble with surrounding developments and land uses. Measures of compatibility shall consider lot sizes,traffic generation,access, noise and visual features. c. The proposed subdivision or land division and the resulting development shall not demonstrably adversely affect the City's ability to provide public services,install public improvements or accomplish future annexations. The Plan Commission may consider annexation agreements with the property owner in order to comply with this requirement. The Plan Commission may also consider whether the City and Town(s) have reached an agreement on necessary public improvements and public services facilities required to serve the development. d. The proposed subdivision or land division shall comply with one of the following: i. The proposed subdivision or land division shall represent infilling of vacant land. Infilling is defined as a subdivision or land division which will accommodate the development of vacant land located such that surrounding existing land uses render the land impractical for any but similar uses. ii. The proposed subdivision or land division shall provide permanent open space lands for use by the general public in conformance with the adopted Parks and Open Space Plan for Dane County, Wisconsin,the City of Madison adopted Parks and Open Space Plan or the City's other adopted Master Plan elements,including the Peripheral Area Development Plan. The permanent open space lands shall be accessible and open for use by the general public. The open space lands shall be exclusive from,and in addition to, lands required for dedication to comply with applicable public parks and open space dedication requirements and shall be provided at a ratio of two acres of permanent open space lands for every one acre of developed lands,including street rights of way. For the purpose of this provision,wetlands,flood plain lands,steep slopes,or other lands which are not developable because of sensitive environmental features shall not be counted as permanent open space lands in calculating the ratio of permanent open space lands provided versus developed lands. Steep slopes shall include lands which have grades of twenty percent(20%)or more."