The Village shall not issue any building permit relating to
any parcel of land forming all or any part of land included in a subdivision,
land division or replat originally submitted to the Village on or
after the effective date of this chapter until the applicant has complied
with all of the provisions and requirements of this chapter.
No land shall be divided or subdivided for residential, commercial
or industrial use which is held unsuitable for such use by the Village
Board, upon the recommendation of the Plan Commission, for reason
of flooding, inadequate drainage, wetlands, incompatible surrounding
land use, adverse soil or rock formation, unfavorable topography,
inadequate water supply or sewage disposal capabilities, unfavorable
impact on groundwater supply, quantity or quality, poor management
of environmentally sensitive areas or any feature likely to be harmful
to the health, safety, or welfare of the future users of the proposed
land division, subdivision or of the community.
A. The determination of land suitability shall be made by the Plan Commission
for any land division/subdivision. 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 not suitable
for the proposed use and afford the subdivider an opportunity to present
evidence regarding such unsuitability if so desired. Thereafter, the
Plan Commission may affirm, modify or withdraw its determination of
unsuitability. The Village Board shall consider the Plan Commission's
recommendation when considering approval of a land division or subdivision.
B. Where the land division or subdivision of a tract of land contains
a portion of land unsuitable for development because of poor drainage,
floodable conditions, adverse soil conditions or rock formations,
unfavorable topography, inadequate water supply or sewage disposal
capabilities, or for any other reason, such areas shall not be divided
into buildable sites but instead be identified as an outlot or other
designation that would indicate that the land is not available for
a building site or development.
C. Lands declared unsuitable for a building site or development shall
include but are not limited to the following:
(1) Areas mapped as a floodway by the Federal Emergency Management Agency
(FEMA) or Wisconsin Department of Natural Resources.
(2) All areas mapped as wetland by the Wisconsin Department of Natural
Resources or as may be determined to be wetland by the Department.
(3) Areas having slopes steeper than 16%.
[Amended 2-12-2018]
Chapter 703, Wis. Stats., provides that no subdivision ordinance
may apply to condominium development unless the ordinance states by
its express terms that it is applicable and that the application is
reasonably related to the condominium ownership.
Any homeowners' association or property owners' association
("association") that will own or maintain open space or outlots shall
be created by a recorded instrument approved by the Village. The association
shall be formed and operated with the following minimum requirements:
A. The association shall be created and organized as a nonprofit and
nonstock corporation under Wisconsin laws.
B. The association shall have only one class of membership, with every
beneficial lot owner (fee simple) a mandatory member.
C. The association shall levy an annual fee in an amount necessary to
defray the cost of ownership and/or maintenance of the open space
or outlots.
D. The association may levy special assessments on all lots for improvements,
repairs or equipment in connection with the maintenance of the open
space or outlots.
E. All association fees and assessments which are not paid when due
shall become and remain a lien on the lot, in favor of the association,
until paid with interest thereon.
F. The subdivider shall convey fee simple title, unencumbered by any
lien, to the association.