A. 
No person shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, land division, land conveyance, consolidation, or a replat as defined herein; no such subdivision, land division, land conveyance, consolidation, or replat shall be entitled to recording; and no street shall be laid out, nor improvements made to land, nor building permits issued for any land division without compliance with all requirements of this chapter and the following:
(1) 
The provisions of Ch. 236, Wis. Stats.
(2) 
The rules of the Wisconsin Administrative Code for private on-site waste treatment systems for subdivisions not served by public sewer.
(3) 
The rules of the Wisconsin Administrative Code for subdivisions which abut a state trunk highway or connecting highway (see Ch. Trans 233, Wis. Adm. Code).
(4) 
The rules of the Wisconsin Administrative Code for the Floodplain Management Program (see Ch. NR 116, Wis. Adm. Code) and the Shoreland-Wetlands Protection Program (see Ch. NR 115, Wis. Adm. Code).
(5) 
Comprehensive plans or components of such plans prepared by state, regional, county or municipal agencies duly adopted by the Village Board.
(6) 
All applicable local and county ordinances that are in effect when the subdivider submits a preliminary plat, or a final plat if no preliminary plat is submitted, including zoning, sanitary, building and official mapping ordinances.
(7) 
The Village of East Troy Comprehensive Plan and Official Map, or components thereof.
(a) 
Whenever a parcel to be subdivided embraces any part of a street, highway, or greenway designated in said Comprehensive Plan or Official Map, such part of such proposed public way shall be platted and dedicated by the subdivider in the location and at a width indicated along with all other streets in the subdivision.
(b) 
Where a proposed public ground shown on the Comprehensive Plan or Official Map is located, in whole or in part, within the proposed subdivision, such proposed public ground shall be dedicated to the public when dedication is required by this chapter or reserved for a period of up to five years from the date of approval of the final plat for acquisition by the Village of East Troy, or any other appropriate agency having the authority to purchase said property, and the subdivider shall enter into an agreement which provides for the purchase of the lands held in reserve prior to the conclusion of the five-year period.
(8) 
All applicable rules contained in the Wisconsin Administrative Code not listed in this subsection.
(9) 
The Village's sewer and water rules on file with the Public Service Commission of the State of Wisconsin concerning sewer and water installations and services. These rules, and the Village's Sewer Use Ordinance (Chapter 400, Sewers, of this Code), are incorporated herein by reference and made a part hereof as though fully set forth herein.
B. 
Extraterritorial jurisdiction. Jurisdiction of these regulations shall include all lands within the corporate limits of the Village, as well as the unincorporated area within the extraterritorial jurisdiction of the Village of East Troy. The Village of East Troy has elected to approve plats and certified survey maps under its extraterritorial jurisdiction as provided in Chapters 236 and 66, Wisconsin Statutes. Refer to § 495-16 of this chapter.
C. 
Jurisdiction.
[Amended 11-3-2014 by Ord. No. 2014-11]
(1) 
The provisions of this chapter, as they apply to divisions of tracts of land within the Village boundaries, 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) 
Sales or exchanges 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 minimize sizes and meet all specifications required by this chapter, the Village zoning regulations, or other applicable laws and ordinances, subject to the procedures and requirements set forth in § 495-18 of this chapter.
(2) 
This subsection does not apply to land divisions within the extraterritorial jurisdiction of the Village. Such land divisions are specifically governed by § 495-16 of this chapter.
D. 
Certified survey map. Any division of land other than a subdivision as defined in § 236.02(12), Wis. Stats., shall be surveyed and a certified survey map prepared as provided in § 236.34, Wis. Stats., subject to approval of the Village Board.
E. 
Compliance; issuance of permits. The Village of East Troy shall not recognize, and no building or other permits shall be issued by the Village authorizing the building on or occupancy or improvement of, any parcel of land not on record as of the effective date of this chapter until the provisions and requirements of this chapter have been fully complied with and a resolution approving the land division has been adopted by the Village Board.
F. 
Applicability to condominiums. This chapter is expressly applicable to condominium developments within the Village's jurisdiction, pursuant to § 703.27(1), Wis. Stats. For purposes of this chapter, a condominium unit and any associated limited common elements shall be deemed to be equivalent to a lot or parcel created by the act of subdivision.
G. 
Recording of plats. Plats approved by the Village Board must be offered for record, together with the adopting resolution, to the Register of Deeds within 12 months after the date of the last approval and within 36 months after the first approval. Land divisions shall not be recognized by the Village until recorded with the Register of Deeds. The volume, page and document numbers of the recording shall be filed with the Village Clerk-Treasurer and Building Inspector prior to issuance of any permits. The subdivider shall file six certified copies of the approved land division with the Village Clerk-Treasurer.
H. 
Recording of certified survey maps. Certified surveys approved by the Village Board must be offered for record, together with the adopting resolution, to the Register of Deeds within 12 months after the date of the last approval and within 36 months after the first approval. Land divisions shall not be recognized by the Village until recorded with the Register of Deeds. The volume, page and document numbers of the recording shall be filed with the Village Clerk-Treasurer and Building Inspector prior to issuance of any permits. The subdivider shall file six certified copies of the approved land division with the Village Clerk-Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Suitability. No land shall be subdivided for residential, commercial, or industrial use which is held unsuitable for such use by the Village Board, upon the recommendation of the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or of the community. The Village Board, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for residential use and afford the subdivider an opportunity to present evidence regarding such unsuitability. Thereafter, the Village Board, upon the recommendation of the Plan Commission, may affirm, modify, or withdraw its determination of unsuitability.
B. 
Existing flora. The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction, in accordance with sound conservation practices, possibly including the preservation of trees by well islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping plan filed by the subdivider.
A. 
Purpose.
(1) 
The Village Board hereby finds that certain issues arise in condominium developments that require limited applicability of this chapter to condominium developments. The State Legislature has recognized that subdivision ordinances may apply to condominiums but that subdivision ordinances shall not impose burdens upon condominiums that are different from those imposed on other property of a similar character not subject to a declaration of condominium.
(2) 
The factor that makes this chapter applicable to a condominium development is the creation of multiple distinct property entities at or near the ground surface, subject to property taxation as separate parcels, with each property entity having different ownership and management. The Village of East Troy determines that this factor makes a condominium development dissimilar, both physically and in ownership, from developments in which the land and improvements are under unitary ownership, management, and control.
(3) 
Thus, the Village Board hereby finds that new condominium developments can place impacts on community resources in the same manner as other new developments which are characterized by division of land into lots. These impacts include:
(a) 
Additional population density.
(b) 
Possibility of use of particular land in a manner unsuitable to the land's characteristics.
(c) 
Additional demands upon Village area parks, recreation areas, utility facilities, and schools.
(d) 
Additional traffic and street use.
B. 
Portions of chapter applicable to condominium developments. The following sections of this chapter shall apply to condominium developments:
(1) 
Section 495-7 relating to land suitability and construction practices.
(2) 
Sections 495-9 through 495-11 relating to preliminary plat approval. A condominium plat prepared pursuant to § 703.11, Wis. Stats., shall be reviewed in the same manner as a preliminary subdivision plat as set forth in this chapter. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 495-20 shall not apply, since condominiums have separate technical standards set forth in § 703.11, Wis. Stats.
(3) 
Article VI relating to required improvements.
(4) 
Article VII relating to design standards for improvements.
(5) 
Article VIII relating to park and public land dedication requirements.
(6) 
Article IX relating to fees for review.
C. 
Additional information. The plat shall show correctly on its face, in addition to the information required by § 703.11, Wis. Stats., and Article IV of this chapter:
(1) 
The exact location of any building on the property and common element locations.
(2) 
Floor plans of all unique units which also show any limited common elements that go with the units.
(3) 
Any other information that the Village requires to complete the review of the condominium plat.
D. 
Condominium plat review fee.[1]
(1) 
The developer shall pay a fee set by the Village Board to the Village Clerk-Treasurer at the time of first application for approval of any condominium plats to assist in defraying the cost of review.
(2) 
A reapplication fee set by the Village Board shall be paid to the Village Clerk-Treasurer at the time of reapplication for approval of any condominium plat which has previously been reviewed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Exceptions. This section shall not apply to the following condominiums:
(1) 
Any condominium plat recorded prior to the effective date of this chapter.
(2) 
Any conversion of a structure or structures in existence on the effective date of this chapter to a condominium after the effective date of this chapter.