The provisions of this chapter shall apply to divisions of land
within the unincorporated areas of the Town of Holland, Sheboygan
County, Wisconsin as follows:
A.
The act of division that creates two lots or building sites shall comply with the requirements of Article IV and Article VII of this chapter, Sheboygan County Code of Ordinances Chapter 71 and Chapter 72, Chapter 330, Zoning Ordinance, Town of Holland, and all other applicable terms of this chapter.
B.
The act of division that creates three or more lots or building sites shall comply with the requirements of Article IV and Article VIII of this chapter, Sheboygan County Code of Ordinances Chapter 71 and Chapter 72, Chapter 330, Zoning Ordinance, Town of Holland, and all other applicable terms of this chapter.
C.
The provisions of this chapter shall not apply to:
(1)
Sale or exchange of parcels of land between owners of adjoining property,
provided that additional lots or building sites are not created and
provided that any resulting lot or building site configuration meets
all other applicable codes and ordinances.
(2)
Creation or realignment of an easement.
(3)
Creation or realignment of a public right-of-way by a public agency.
(4)
Carrying out an order of any court.
(5)
Creation of a lien, mortgage, deed of trust, or any other security
instrument.
No subdivider shall create a division of land within the Town
of Holland that results in a major or minor land division or a replat,
and no such division of land or replat shall be recorded and no street
or improvements shall be constructed without compliance with all requirements
of this chapter and the following:
A.
Chapter 236 of the Wis. Stats.
B.
Rules of the Wisconsin Department of Commerce regulating lot size
and lot elevation if the land to be subdivided is not served by a
public sanitary sewer and provisions for such service have not been
made.
C.
Rules of the Wisconsin Department of Transportation 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 a state trunk highway or connecting street.
D.
Rules of the Wisconsin Department of Natural Resources setting water
quality standards, preventing and abating pollution, and regulating
development within floodland, wetland and shoreland areas.
E.
The Town of Holland Comprehensive Plan.
[Amended 4-12-2021 by Ord. No. 3-2021]
In connection with any major land division approval, or with
minor land divisions as deemed necessary, the Town Board shall be
authorized to enter into a developer agreement (See Appendix A.[1]) with the subdivider. Developer agreements may include
provisions clarifying duties to construct specific improvements, the
phasing of construction, the timing, location and financing of infrastructure,
assurances of adequate public facilities, and mitigation of anticipated
impacts of the development on the general public or the environment.
The Town Plan Commission and/or Town Board shall not approve any major
land divisions, or minor land divisions as deemed necessary, unless
and until the subdivider posts a security bond (cash or irrevocable
letter of credit) meeting the approval of the Town Board as a guarantee
that all specific improvements will be made in accordance with the
developer agreement.
[1]
Editor's Note: Appendix A is on file in the Town offices.
A.
Streets and public rights-of-way. Whenever a parcel of land to be
divided as a major land division contains all or any part of a street
or public right-of-way that has been designated in this chapter, the
Town of Holland Comprehensive Plan, or an official map adopted under
Wis. Stats., § 62.23, such street or public way shall be made
a part of the plat and dedicated by the subdivider in the location
and dimensions indicated, unless otherwise provided herein.
[Amended 4-12-2021 by Ord. No. 3-2021]
B.
Parks and open space.
(1)
The subdivider shall designate and dedicate to the public an area
of land suitable for park or open space purposes on all major land
divisions for residential purposes. The amount of land to be provided
shall be based upon an equivalent of 0.05 acre for every residential
dwelling unit. The minimum site size shall be one-half acre.
(2)
In lieu of public land dedication, the subdivider may provide the
required amount of park or open space area through a homeowners' association,
condominium association, or similar donee, provided that such measures
assure the proper and continuing maintenance and use of the area,
meet the purposes of this chapter, and are approved by the Town Board
upon the recommendation of the Plan Commission.
(3)
The Town Board, upon recommendation of the Town Plan Commission,
may waive the public land dedication requirement if it determines
that the proposed park or open space would be too small, unsuitable,
or unnecessary for reasons particular to the division of land. In
lieu of that public land dedication, the subdivider shall pay to the
Town Treasurer at the time the final plat is submitted for approval
a fee as identified in the Town of Holland Fee Schedule, established
by the Town Board, for every residential dwelling unit within the
plat.
(4)
All monies collected under this chapter shall be deposited into a
special Stewardship Fund and shall be used only for the acquisition
or initial improvement of public parks as provided in § 236.45(6)(am),
Wis. Stats.
