The jurisdiction of this chapter shall include all lands within
the Village.
No subdivider shall divide any land located within the jurisdictional
limits of these regulations which results in a subdivision, minor
subdivision, replat or condominium as defined herein; no such subdivision,
minor subdivision, replat or condominium shall be entitled to recording
and no street shall be laid or public improvement made without compliance
with all requirements of this chapter and all other pertinent ordinances,
regulations, resolutions or plans which are adopted by the Village
and the following:
A. Duly approved Village Comprehensive Plan, or approved plan components,
including the Village Zoning Ordinance and Village Sanitary Ordinance.
B. Applicable local ordinances.
C. Provisions of Ch. 236, Wis. Stats.
D. Provisions of Ch. 703, Wis. Stats., for all proposed condominiums.
E. Rules of the Wisconsin Department of Safety and Professional Services
regulating lot size and lot elevation necessary for proper sanitary
conditions if any lot or unit is not served by a public sewer and
provisions for such service have not been made.
F. Rules of the Wisconsin Department of Transportation relating to provision
for the safety of entrance upon and departure from state trunk highways
or connecting highways and for the preservation of the public interest
and investment in such highways.
G. Rules of the Wisconsin Department of Natural Resources setting water
quality standards preventing and abating pollution, and regulating
development within floodplain, wetland and shoreland areas.
No land shall be subdivided which is held unsuitable for any proposed use by the Village Plan Commission for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. The Village Plan Commission in applying the provisions of this chapter shall in writing cite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding such suitability at a public hearing. Thereafter, the Village Plan Commission may affirm, modify or withdraw its determination of unsuitability. Floodplain construction in floodplain area shall be per Chapter
535, Floodplain Zoning.
The subdivider shall not install any streets or other improvements
required by the Village until the final plat, certified survey map
(CSM) or condominium plat has been approved by the Village Board.
Before recording the final plat with the County Register of Deeds,
the subdivider shall enter into a development agreement with the Village
agreeing to install all required improvements and shall file with
said development agreement a surety bond equal to the cost of the
project or other satisfactory security meeting the approval of the
Village Attorney as a guarantee that such improvements will be completed
by the subdivider or his subcontractors within the time limit established
by the Village Board. In order that adequate inspections can be made,
the subdivider shall notify the Village Board one week prior to the
time each improvement is to be installed and upon completion of the
project.
In any particular case where the subdivider can show that, by
reason of exceptional topographic or other physical conditions, strict
compliance with any requirement of this chapter would cause practical
difficulty or exceptional and undue hardship, the Village Plan Commission
may relax such requirement to the extent deemed just and proper, so
as to relieve such difficulty or hardship, provided such relief may
be granted without detriment to the public good and without impairing
the intent and purpose of this chapter or the desirable general development
of the Village. A majority vote of the entire membership of the Village
Board shall be required to grant any modification to these regulations,
and any modification thus granted shall be entered in the minutes
of the Board setting forth the reasons, which in the opinion of the
Board, justified the modification.
Any person, firm or corporation that fails to comply with the
provisions of this chapter shall upon conviction thereof forfeit not
less than $100 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 § 236.30,
Wis. Stats.
B. Conveyance of lots in unrecorded plats has penalties as provided
for in § 236.31, Wis. Stats.
C. Monuments disturbed or not placed have penalties as provided for
in § 236.32, Wis. Stats.
D. Assessors plat made under § 70.27, Wis. Stats., may be
ordered by the county when a subdivision is created by successive
divisions.