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.
A. 
Any division of land, other than a subdivision, within the village for which a plat has not been approved and recorded shall be surveyed and a certified survey map of such division shall be submitted to the Board of Trustees, following recommendation by the Plan Commission as required by § 305-7 of this chapter and Wisconsin Statutes § 236.34. Upon obtaining the approval of the Board of Trustees, the certified survey map shall be recorded.
B. 
The provisions of this chapter shall not apply to:
(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 this chapter or other applicable laws or ordinances.
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.