Jurisdiction of these regulations shall include all lands and waters within the corporate limits of the Village of Salem Lakes, Wisconsin. The provisions of this chapter as it applies to divisions of tracts of land into less than five parcels shall not apply to:
A. 
Transfers of interests in land by will or court order. Transfers of interests in land by will or pursuant to court order.
B. 
Leases. Leases for a term not to exceed 10 years, mortgages, or easements.
C. 
Sale or exchange of parcels of land between owners of adjoining property. 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 these regulations, Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code, or other applicable laws or ordinances.
D. 
Cemetery plats. Cemetery plats made under § 157.07, Wis. Stats.
E. 
Assessor's plats. Assessor's plats made under § 70.27, Wis. Stats., but such assessor's plats shall comply with §§ 236.15(1)(ag) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person, firm, or corporation shall divide any land located within the jurisdictional limits of these regulations so that such division results in a subdivision, minor land division, condominium or replat as defined herein. No such subdivision, minor land division, condominium, or replat shall be laid out or improvements made to land without compliance with all requirements of this chapter and the following documents:
A. 
Wisconsin statutes. Chapters 236 and 703 and § 82.18, Wis. Stats., and any subsequent amendments thereto.
B. 
Wisconsin Department of Safety and Professional Services. Rules of the Wisconsin Department of Safety and Professional Services regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
C. 
Wisconsin Department of Transportation. Rules of the Wisconsin Department of Transportation, as contained in Ch. Trans 233, Wis. Adm. Code, relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the subdivider abuts on a state trunk highway or connecting street.
D. 
Wisconsin Department of Natural Resources. Rules of the Wisconsin Department of Natural Resources setting water quality standards for preventing and abating pollution and for regulating development within floodland, wetland, and shoreland areas.
E. 
Comprehensive plans or master plans. Comprehensive or master plans prepared by state, regional, county, or municipal agencies, duly adopted by the Plan Commission, or components of such plans.[1]
[1]
Editor's Note: See Ch. 226, Comprehensive Plan.
F. 
Zoning and Shoreland/Floodplain Zoning Ordinance. Chapter 490, Zoning and Shoreland/Floodplain Zoning, of the Village Code and all other applicable local ordinances.
G. 
Wisconsin Administrative Code. All applicable rules contained in the Wisconsin Administrative Code not listed in this section.
H. 
United States Army Corps of Engineers and United States Environmental Protection Agency. Rules of the United States Army Corps of Engineers and United States Environmental Protection Agency.
I. 
Americans with Disabilities Act (ADA) accessibility guidelines. The requirements of the Americans with Disabilities Act (ADA) Guidelines for Buildings and Facilities, as documented in the Federal Register, Volume 56, No. 144, July 26, 1991.
J. 
Other applicable federal and state laws and regulations. All other applicable federal and state laws and regulations.
In order that adequate public lands and open space sites may be properly located and preserved as the Village of Salem Lakes develops, the following provisions are established:
A. 
Dedication of lands for public uses. Whenever any subdivision or certified survey map is certified, signed, acknowledged, and recorded as prescribed in § 236.29, Wis. Stats., or a condominium under the provisions prescribed in Ch. 703, Wis. Stats., every donation of land to the public intended for the streets, alleys, ways, commons, or other public uses as designated on said subdivision, certified survey map, or condominium shall be deemed sufficient conveyance to vest the fee simple title with the Village of Salem Lakes for the public benefit.
B. 
Suitability of land for public use. Whenever a certified survey map, subdivision plat, condominium, or multiple-family dwelling development includes a proposed dedication of land to public use, and it is found that such land is not required or not suitable for public use, the Plan Commission may recommend to the Village Board to either refuse to approve such dedication or require the rearrangement of lots in the proposed certified survey map, subdivision plat, condominium, or multiple-family dwelling development.
C. 
Size of land for public use. The area of each parcel of land proposed as a dedication of land for public use shall be of such minimum dimensions, as determined by the Plan Commission, so as to be functionally usable.
D. 
Drainageways, stormwater detention and retention basins and other public ways or public access to navigable lakes or streams.
(1) 
Whenever a tract of land to be subdivided as a subdivision, divided by a certified survey map, or developed as a condominium includes lands designated to be owned by the public to include drainageways, stormwater detention and retention basins, and other public ways or public access to navigable lakes or streams which have been designated or graphically delineated on the adopted county development plan and/or local comprehensive plans or adopted plan components, or as required by the State of Wisconsin Department of Natural Resources under § 236.16(3), Wis. Stats., or required by the Village of Salem Lakes or the appropriate municipality, said public way shall be made a part of the subdivision plat, certified survey map, or condominium and dedicated by the subdivider or condominium developer in the location and dimensions indicated on said plan or map and as set forth in this chapter.
(2) 
Subdivisions or certified survey maps abutting on a navigable lake or stream shall, according to the provisions of § 236.16(3), Wis. Stats., provide access at least 60 feet wide to the low-water mark so that there will be public access which is connected to existing public roads at least at one-half-mile intervals as measured along the lake or stream shore, except where greater intervals and wider access are approved, and excluding shore areas where public parks or open space and streets or roads on either side of a stream are provided. Such access shall be dedicated to the Village or other designated public entity.
E. 
Public parks or public playgrounds. Whenever a tract of land to be divided by either a certified survey map or subdivision plat or developed as a condominium within the jurisdiction of this chapter encompasses all or any part of a public park or public playground that has been designated on the Village's Park and Open Space Plan, or a duly adopted Village of Salem Lakes or regional comprehensive plan or comprehensive plan component pursuant to § 62.23(3), Wis. Stats., said public park or public playground shall be made a part of that certified survey map, subdivision plat, or condominium and dedicated or reserved by the subdivider or condominium developer in the locations and dimensions indicated on said plan and according to the procedures set forth in § 335-57 of this chapter.
A. 
Installation of street and utility improvements before final plat approval. Before final approval of any certified survey map, subdivision plat, or condominium located within the jurisdictional limits of this chapter, the subdivider or condominium developer shall install street and utility improvements as hereinafter provided.
B. 
Improvement guarantee. If such improvements are not installed as required at the time that the final plat is submitted for approval, the subdivider shall, before the recording of the plat, enter into a contract ("subdivider's agreement") with the Village of Salem Lakes agreeing to install the required improvements and shall file with said contract a bond or irrevocable letter of credit, or a certified check in the amount equal to 120% of the Village Engineer's estimate as to the cost for the construction and installation of the improvements, such estimate to be made by the Village Board after review and recommendation by the Village Engineer, as a guarantee that such improvements will be completed by the subdivider or the subdivider's subcontractor not later than two years from the date of recording of the certified survey map, subdivision plat, or condominium plat, and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.
(1) 
Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors providing such work, shall be subject to the approval of the Village. Unless otherwise authorized by the Village Engineer, said specifications shall follow those specified in the Village's Standards and Specifications for Development.[1]
[1]
Editor's Note: The Standards and Specifications for Development are on file in the Village offices.
(2) 
The bond, irrevocable letter of credit, or certified check shall, by its terms, remain in effect until all required improvements have been completed and accepted by the Village; provided, however, that the Village Board may expressly authorize the reduction or release of the bond, irrevocable letter of credit or certified funds pursuant to the provisions of the developer's agreement between the Village and the developer. The terms of the bond, irrevocable letter of credit or certified funds shall meet the approval of the Village Attorney. The amount of the bond, irrevocable letter of credit, or certified check shall be as set forth in the subdivider's agreement.
(3) 
Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section, subject to approval by the Village Attorney.
C. 
Survey monuments. Before final approval of any plat within the Village, the subdivider shall install survey monuments placed in accordance with the requirements of § 236.15, Wis. Stats., and as may be required by the Village Engineer.
No land shall be subdivided for residential use which is determined to be unsuitable for such use by 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, certified survey map, or condominium or of the Village. In addition:
A. 
Lot area and elevation of the 100-year recurrence interval floodplain. Each lot served by public sanitary sewer facilities shall have not less than 50% of its required lot area at an elevation at least two feet above the elevation of the 100-year recurrence interval floodplain.
B. 
Lots one acre or less in area served by on-site sanitary sewage system. No lot one acre or less in area served by an on-site sanitary sewage disposal (septic tank) system shall include floodplains.
C. 
Lots more than one acre in area served by an on-site sewage system. All lots more than one acre in area served by an on-site sewage disposal (septic tank) system shall contain not less than 40,000 square feet of land which is above flood protection elevation, at least two feet above the elevation of the 100-year recurrence interval flood, or, where such data is not available, five feet above the maximum flood of record.
D. 
Lands made, altered, or filled with non-earth materials. Lands made, altered, or filled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by on-site soil absorption sanitary sewage disposal systems.
E. 
Lands made, altered, or filled with earth. Lands made, altered, or filled with earth within the preceding seven years shall not be divided into building sites which are to be served by on-site soil absorption sanitary sewage disposal systems.
F. 
Steep slopes. Each lot shall have a continuous area of at least 3,000 square feet which has ground slopes not exceeding 15%.
G. 
Must meet on-site sewage disposal system requirements. Each lot or dwelling unit shall be capable of meeting the requirements of the Wisconsin Department of Safety and Professional Services and Chapter 15 of the Kenosha County Code, titled "Sanitary Code and Private Sewage System Ordinance," regarding the construction of an on-site sewage disposal (septic tank) system.
H. 
Plan Commission determination of unsuitability of land. The Plan Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable to residential use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability.