[Adopted as § 3.12 of the 1987 Code]
The term "person" shall mean any individual, business, corporation, partnership or other entity capable of purchasing and holding land.
No person shall conduct or cause to be conducted any of the activities subject to this article, as provided in § 36-15 above, unless that person first satisfies the following requirements:
A.
Certified survey map required. Except as described in Subsection B, below, the combination or creation of lots as provided in § 36-15 above shall only be done through a certified survey map or subdivision plat, which map shall be recorded in the Register of Deeds' office for Waukesha County under the requirements of Chapter 236, Wisconsin Statutes. The certified survey map or subdivision plat shall first be presented to the Plan Commission for review and approval. Approval shall not be provided until the Plan Commission determines that the certified survey map or subdivision plat is in compliance with this article and all other applicable codes and ordinances of the Town and Waukesha County.
B.
Exception. Combination of tax key numbers without a certified survey map is allowed in the following strictly limited circumstances, if the following procedures are followed:
(1)
Limited circumstances. All of the following must be true:
(a)
Three parcels, with three separate tax key numbers, must be combined to form two parcels with two separate tax key numbers;
(b)
One of the three parcels must be divided, the division legally described by metes and bounds description, and portions of the parcel must be combined with the other two parcels;
(c)
The parcel that is divided must be an unbuildable lot prior to the division and combination;
(d)
The resulting two parcels must each comply with the appropriate zoning district regulations and be buildable lots; and
(e)
All three of the parcels must not have been divided from, or combined with, other parcels in the immediately preceding five years.
(2)
Procedures. The following procedures must be followed to combine tax key numbers without preparing a certified survey map:
(a)
Persons applying for the combination shall:
[1]
Apply to the Town, on the Town's form, demonstrating the circumstances shown in § 36-17B(1) above.
[2]
Submit to the Town, with the application, two declarations of restrictions, one for each of the parcels that will be created, in a form approved by the Town.
[3]
Pay to the Town the required fee, as may be established by separate resolution of the Town Board, to cover the Town's administrative and recording expenses.
(b)
The combination application shall be presented to the Town of Ottawa Plan Commission for review and approval. Approval shall not be provided until the Plan Commission determines that the provisions of this article and all other applicable codes and ordinances of the Town and Waukesha County have been met.
(c)
Upon Plan Commission approval, the application shall be presented to the Town Board for review, and the combination shall be subject to the approval of the Town of Ottawa Town Board.