The provisions of this chapter shall apply to all lands within the corporate limits of the Village, as well as the unincorporated areas within 1 1/2 miles of the corporate limits of the Village.
Any person, firm or corporation dividing land which results in a subdivision shall prepare a plat of the subdivision, or which results in a land division shall prepare a certified survey map in accordance with the requirements of this chapter and:
A. 
The provisions of Ch. 236, Wis. Stats.
B. 
The rules of the Department of Transportation contained in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state trunk highway or connecting street.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Village and relevant county ordinances (i.e., Iowa and/or LaFayette) and regulations.
D. 
Master Plan or Master Plan component adopted by the Village.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part, a street, drainageway or other public way which has been designated in the Master Plan as defined in this chapter, or an official map adopted under Wis. Stats. § 62.23, said street or public way may be required to be platted and dedicated in the location and width indicated unless otherwise provided herein.
A. 
The subdivider shall dedicate sufficient land area to provide adequate park, playground, recreation, bike paths, hiking trails, walkways, and open space to meet the needs to be created by the land division or subdivision and in accordance with the Village's Master Plan and Official Map. At least 2,900 square feet of land shall be dedicated for each proposed residential dwelling unit within the land division, or subdivision, or comprehensive development. Where a definite commitment is made to the Village by the subdivider with respect to the number of dwelling units to be constructed on any parcel of land which has a zoning classification that permits multifamily use, the dedication shall be based upon that number. Where no such commitment exists, the dedication shall be based upon the maximum number of dwelling units which the zoning classification of the parcel will permit. If the number of dwellings units or the intensity of the use is increased beyond that which was used as the basis for calculating the dedication and/or fee, then the Village may require an additional dedication and/or fee to be paid by the subdivider or its successors and assigns based upon the increased use. This fee must be paid prior to the issuance of a building permit for these additional units.
B. 
Where, in the sole discretion of the Village Board, there is no land suitable for dedication within the proposed land division or subdivision, the dedication of land would not be compatible with the Village Master Plan, or the Village Board determines that a cash contribution or combination of land dedication and cash contribution will better serve the public interest, the Village Board shall require the developer to pay a fee in lieu of making the required land dedication. As part of its review and recommendation, the Plan Commission shall include a recommendation to the Village Board regarding the land dedication and/or cash contribution.
C. 
The amount of any fee imposed pursuant to the preceding section shall be determined as follows: the number of proposed residential dwelling units within the land division or subdivision shall be multiplied by 2,900-1; the resulting product shall be divided by 43,560; then the resulting quotient shall be multiplied by the average equalized value per acre of a parcel of land within the Village. The average equalized value of a parcel of land shall be the quotient obtained by dividing the value of residential land, without improvements, set forth in the most recent statement of equalized values set by the Department of Revenue, by the parcel count residential land set forth in the most current final statement of assessment year.
D. 
The Village Board may, in its sole discretion, permit the subdivider to satisfy the above requirements by combining a land dedication with a fee payment. The fee, in such cases, shall be determined by subtracting the most recent equalized value of the dedicated land, as determined by the Village Assessor, from the total fee which would have been imposed had no land been dedicated by the subdivider.
E. 
Before the final plat or certified survey map is approved, the owners of the land shall enter into a recordable agreement with the Village which provides that any fee payable in lieu of dedication shall be an assessment and lien upon the parcels within the land division or subdivision and that upon the sale of any parcel subject to such assessment and lien, the fee shall be paid in full. Before any building permit is issued for any parcel which is subject to such assessment and lien, the fee shall be paid in full. In case of a group housing project, a planned development project or other development where no land division is included, any fee imposed in lieu of dedication shall be paid to the Village prior to issuance of a building permit.
F. 
The Village shall place any fee collected pursuant to the provisions of this section in a separate nonlapsing trust fund to be used for land acquisition and development of adequate park, playground, recreation, bike paths, hiking trails, walkways and open space to meet the needs created by the land division or subdivision.
G. 
Where the land division or subdivision is situated within the extraterritorial jurisdiction of the Village, any parkland area dedicated to the Town or fees paid to the Town in lieu of such dedication shall be credited against any dedications required by or fee imposed pursuant to this section.
Whenever a parcel of land to be divided as a subdivision or as a land division contains all or in part a site for a park or playground which has been designated on the Master Plan, and the area of which is in excess of the amount of land required to be dedicated in § 485-9 above; or a school site or other public site which has been designated on the Master Plan said park, playground, school site or public site shall be reserved for a period of two years from the date of approval of the final plat unless extended by mutual agreement for purchase by the Village.
No land shall be divided or subdivided for a use which is held unsuitable by the Village for reasons of flooding or potential flooding, soil limitations, topography, inadequate drainage, 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. The subdivider may, as a part of the preapplication procedure, request a determination of land suitability providing that he shall provide all necessary maps, data and information for such a determination to be made.
This chapter shall apply to condominium projects. Each condominium project shall be reviewed on the basis of a condominium plat prepared pursuant to Wis. Stats. § 703.11 and other applicable statutes, with said condominium plat being reviewed under the standards for either a plat or certified survey map with respect to the land division elements identified in this chapter, depending upon the number of lots and/or units involved.
The provisions of this chapter shall not apply to transfers of interests in land by will or pursuant to court order; leases for a term not to exceed 10 years, mortgages or easements; or 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 this chapter, or other applicable laws or ordinances.