The purpose of this chapter is to promote the public health, safety
and general welfare of the Village of Elm Grove, and these regulations are
designed to lessen congestion in the streets and highways; to further the
orderly layout and use of land; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population and levels of usage; to facilitate
adequate provision for transportation, water, sewerage, parks, playgrounds
and other public requirements; and to facilitate the further resubdivision
of larger tracts into smaller parcels of land. These regulations are made
with deliberate consideration, among other things, of the character of the
Village of Elm Grove with a goal of conserving the value of the buildings
placed upon land of the surrounding neighborhood, providing the best possible
environment for human habitation, and for encouraging the most appropriate
use of land throughout the Village of Elm Grove.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of the Village of Elm Grove and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes.
No land shall be subdivided which is held unsuitable for the proposed use by the Board of Trustees, after review and recommendation by the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, for reasons stated in §
335-12 of the Code of the Village of Elm Grove, or for any other reason likely to be harmful to the health, safety or welfare of the future residents of the proposed land division or of the community or feature. The Board of Trustees, 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 the proposed use and afford the subdivider an opportunity to present evidence regarding such unsuitability if the subdivider so desires. Thereafter, the Board of Trustees may affirm, modify or withdraw its determination of unsuitability.