A. 
Compliance. 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 and § 82.18, Wis. Stats.
(2) 
The rules of the Wisconsin Department of Safety and Professional Services contained in Ch. SPS 385, Wis. Adm. Code, for subdivisions not served by public sewer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The rules of the Wisconsin Department of Transportation contained in Ch. Trans 233, Wis. Adm. Code, for subdivisions which abut a state trunk highway or connecting street.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
The rules of the Wisconsin Department of Natural Resources contained in the Wisconsin Administrative Code for the Floodplain Management Program and the Shoreland-Wetland Management Program.
(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 regulations, including zoning, sanitary, building and official mapping ordinances. The Master Street Plan Map, Document No. B-521 (1985), is hereby adopted as the Official Master Street Plan of the Village of Howards Grove.
(7) 
The Village of Howards Grove Comprehensive Plan and Official Map, or components thereof.[3]
(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 school site or other public ground shown on the Comprehensive Plan or Official Map of the Village of Howards Grove is located in whole or in part within the proposed subdivision, such proposed public ground or park 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 Howards Grove, or any other appropriate agency having the authority to purchase said property. The Village, or other 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.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
All applicable rules contained in the Wisconsin Administrative Code not listed in this subsection.
B. 
Jurisdiction; extraterritorial plat approval jurisdiction. Jurisdiction of these regulations shall include all lands within the corporate limits of the Village as well as the unincorporated area within 1 1/2 miles of the Village. The Village of Howards Grove has elected to approve plats under its extraterritorial plat approval jurisdiction as provided in Ch. 236 and § 66.0105 of Wisconsin Statutes. The provisions of this chapter, as they apply to divisions of tracts of land into less than five parcels, shall not apply to:[4]
(1) 
Transfers of interests in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages or easements.
(3) 
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 Village ordinance or other applicable laws, ordinances, or regulations. [Section 236.45(2), Wis. Stats.]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Certified survey. 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.
D. 
Compliance; issuance of permits. The Village of Howards Grove shall not recognize, and no building or other permits shall be issued by the Village authorizing the building on, 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 of the Village.
E. 
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.
F. 
Recording of plats or certified surveys. Plats and certified surveys, approved by the Village Board of the Village of Howards Grove, must be recorded together with the adopting resolution with the County Register of Deeds within 12 months of the date of the last resolution of approval and within 36 months after the date of the first resolution of 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.[5]
[5]
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, 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 if he so desires. Thereafter, the Village Board 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 Howards Grove 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 408-7 relating to land suitability and construction practices.
(2) 
Sections 408-9 through 408-11 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in § 408-17 shall not apply, since condominiums have separate technical standards set forth in Ch. 703, Wis. Stats.
(3) 
Article IX relating to fees for review.
(4) 
Article VI relating to required improvements.
(5) 
Article VII relating to design standards for improvements.
(6) 
Article VII relating to dedication requirements.
C. 
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.