All proposed subdivisions not already on record in the office
of the Register of Deeds at the effective date of the original adoption
of the regulations of this chapter shall be reviewed and approved
or denied by the Village Board as provided herein.
When it is proposed to replat or recertify survey a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat or recertify shall vacate or alter the recorded plat as provided in §§ 236.36 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in §
364-15.
The Board may require the following documents, studies or conditions
in order to adequately review the preliminary or final subdivision
before approval:
A. Documents. The Board shall require the following documents as a condition
of approval for a certified survey application or final plat:
(1) Owner's certificate.
(a)
A certificate by the owner of the land in substantially the
following form: "As owner, I hereby certify that I caused the land
described in this application to be surveyed, divided, and dedicated
as represented in this application and the accompanying documents."
This certificate shall be signed by the owner, his wife and all persons
having an interest in the fee of record or being in possession and,
if the land is mortgaged, by the mortgagee of record.
(b)
The signatures shall be acknowledged in accordance with § 706.07,
Wis. Stats. The Committee may require that the owner or equitable
owner furnish an abstract of title, certified to date of submission,
for approval, or, at the option of the owner, a policy of title insurance
or certificate of title from an abstract company for examination in
order to ascertain whether all parties in interest have signed the
owner's certificate of the subdivision.
(2) Certificate of taxes paid. A certificate of Clerk or Treasurer of
the municipality and of the county in which the planned subdivision
lies, stating that there are no unpaid taxes or unpaid special assessments
on any of the land included in the final subdivision.
(3) Covenants and restrictive deeds. The Board shall require submission
of a draft of prospective covenants whereby the subdivider intends
to regulate land use in the proposed subdivision and otherwise protect
the proposed development. No covenant shall violate the common law
of the State of Wisconsin or this chapter.
B. Studies. The Board may require additional studies as a condition
of approval for a certified survey application or preliminary plat.
(1) Soil testing. The Board may require that borings and soundings be
made in specific areas to ascertain surface soil, or rock and water
conditions, including depth to bedrock and depth to groundwater tables.
The results of these studies shall be in writing.
(2) Contour maps. Outside the floodplain areas, the Board shall require
contour maps with suitable intervals of two feet for the area intended
for final subdivision approval if road dedication is required, or
where there are five or more lots, or where topographical conditions
make contour maps necessary for arrival at a reasonable understanding
for drainage and access problems.
(3) Street plans and profiles. The Board may require that the subdivider
provide street plans and profiles showing existing ground surface,
proposed and established grades, including extension for a reasonable
distance beyond the limits of the proposed subdivision when requested.
All elevations shall be based on United States Geological Survey datum
and plans and profiles shall meet the approval of the Board.
If streets are required, the subdivider shall dedicate land
for and improve public streets.
The Board may require dedication of easements for utilities,
drainageways and scenic purposes.
If the subdivider chooses to establish a property owners'
association, the Board shall require the following:
A. Formula.
(1) The Board shall require the subdivider to dedicate land according to the formula in §
364-19B.
(2) In the case of planned unit development, as defined in §
364-32, the subdivider shall dedicate according to the formula in §
364-19B, but not less than a half acre for open space land, whichever is larger, plus a square foot for every square foot that the sizes of the lots are reduced below the minimum requirement of 9,000 square foot lots.
B. Property owner's association.
(1) Contract. The Board shall require the subdivider to establish a compulsory
property owners' association or other suitable method of owning
and maintaining property with a contract containing the specifications
as required by the Board.
(2) Option for public acquisition. The property owners' association
may be discontinued if:
(a)
The municipality having jurisdiction agrees to accepting the
open space and recreation areas; or
(b)
An arrangement is worked out which will assure the municipality
that the original density of the subdivision will not be increased
by building homes or other buildings not associated with recreation
on the open space or association's parks.
(3) The Board shall require the same specifications as in §
364-19C.
(4) The Board shall require that the sale of each lot include a covenant
requiring the property owner to belong to the property owner's
association.