[Amended 3-28-2022 by Ord. No. 3-22]
The jurisdiction of this chapter shall include all lands and waters within Greenville, Wisconsin, as well as within 1.5 miles of its borders, as authorized by Ch. 236, Wis. Stats., extraterritorial plat authority.
In no instance shall the provisions of this chapter apply to:
A. 
Transfer of interest in land by will or pursuant to court order;
B. 
Leases for a term not to exceed 10 years, mortgages, or easements;
C. 
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 size required by this chapter.
No person, firm or corporation shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, land division, or replat as defined herein; no such subdivision, land division, or replat shall be entitled to record; and no streets shall be laid out or improvements made to land without compliance with all requirements of this chapter and:
A. 
Provisions of Chapter 236, and § 82.18, Wis. Stats.
B. 
Rules of the Wisconsin State Department of Safety and Professional Services, regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Rules of the State 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 subdivision abuts on 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 floodlands, wetland, and shoreland areas.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
All other applicable state statutes and administrative rules.
F. 
An adopted comprehensive land use plan, or any component thereof; Chapter 320, Zoning; Official Map; and all other applicable ordinances of Greenville.
G. 
Applicable local and county ordinances.
Greenville shall not issue any building permit relating to any parcel of land forming all or any part of lands included in a subdivision, land division or replat originally submitted to Greenville on or after the effective date of this chapter until the applicant has complied with all of the provisions and requirements of this chapter.
This chapter is expressly applicable to condominium developments within Greenville's jurisdiction, pursuant to § 703.27(1) Wis. Stats. For purposes of this chapter, a condominium unit and any associated limited common elements shall be deemed to be equivalent to a lot or parcel created by the act of land division or subdivision.
A. 
No land shall be subdivided for residential, commercial or industrial use which is held unsuitable for such use by the Board, upon the recommendation of the Planning 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 subdivision or of the community.
B. 
The determination of land suitability for division shall be made by the Planning Commission during the concept plan review process for any land division/subdivision. The Planning Commission, in applying the provisions of this section, shall in writing recite the particular facts upon which it bases its conclusion the land is not suitable for the proposed use and afford the land divider/subdivider an opportunity to present evidence regarding such unsuitability if so desired. Thereafter, the Planning Commission may affirm, modify or withdraw its determination of unsuitability. The Board shall consider the Planning Commission's recommendation when considering approval of a land division/subdivision.
C. 
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, 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, and shall be handled as follows:
(1) 
Poor drainage. Land subject to ponding, poor permeability or poor drainage, or for other causes as determined by the Planning Commission, or its designated agent, and if said land is not zoned as a conservancy or wetland-floodplain district or similar district on an applicable zoning district map in which buildings are prohibited, it shall be subject to the following requirements:
(a) 
If said land is designated as park, parkway, other open space, or other public use on the adopted plan of Greenville, the developer may dedicate said land to Greenville, but in any case must reserve said land for not less than two years for acquisition by Greenville;
(b) 
If said land is not designated as a park, parkway, or other public use on an adopted Greenville plan, then the developer shall cause said land to be identified as an outlot and restricted for building purposes by easement, and no permit shall be issued for building purposes. In addition, appropriate notations shall be placed on the face of the plat.
(c) 
In lieu of the requirements set forth in Subsection C(1)(b) above, the developer may, at his expense, prepare a development proposal to be accompanied by a site plan and adequate engineering data to ensure the public health, safety and welfare will be promoted if approved, and to provide a financial guarantee to ensure the development will be done at a specified time if approved.
(2) 
Floodable conditions/drainageways. If floodplains have been determined and are delineated on applicable district maps, or as determined by the Planning Commission from sources available to it, no development shall be allowed except as permitted in applicable floodplain and shoreland ordinances. In designing plats and CSMs, drainage easements shall be designated on the plat and as determined by the Planning Commission or as determined by sources available to it, and building permits shall not be issued therein.
(3) 
Adverse soil and rock formation.
(a) 
Soil suitability for contemplated development in a proposed land division/subdivision shall be determined by the Planning Commission from sources available to it. Where soil interpretations determine a tract of land is unsuitable for development under existing conditions, the developer may submit a proposal for development indicating how, through site and engineering design, the soil problems can be overcome. The proposal shall include a site plan and adequate engineering data. If the plan is approved, the developer shall provide a financial guarantee to ensure all conditions attached to the approval will be done by a specified time.
(b) 
In order to determine the precise location of soil types, on-site investigation by soil scientists may be necessary but in areas where no public sewer is available, this investigation is mandatory and may be made by a professional surveyor, engineer or soil scientist at the expense of the developer, and according to procedures established by the State Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Existing flora. The land divider/subdivider shall make every effort to protect and retain all existing trees of over two inches caliper, groupings of trees, shrubs, vines, grasses, and other nonnoxious plants not actually lying in public roadways, drainageways, building foundation sites, private driveways, waste disposal areas, paths and trails. The land divider/subdivider shall protect and preserve such trees and other flora during construction in accordance with best management practices, (such as the possibility of preserving trees by well islands or retaining walls), whenever abutting grades are altered, pursuant to a landscaping plan filed by the land divider/subdivider. Tree protection measures shall be indicated and described on the landscape plan. [NOTE: Reference § 270-12B(3)(g).]
[NOTE: Reference §§ 270-11 and 270-12.]
A. 
Purpose.
(1) 
To protect and preserve open spaces in Greenville.
(2) 
To protect and maintain farms and agricultural lands and to facilitate farm consolidation and operation.
(3) 
To minimize adverse visual effects of scattered and ad hoc growth.
(4) 
To maximize the efficient use of existing public infrastructure in Greenville.
(5) 
To maximize the efficient provision of public services in Greenville.
B. 
Lots required. No lot or parcel shall hereafter be created by deed or any other means other than by an approved and recorded certified survey map or subdivision plat.
C. 
Restrictions on land divisions (CSM) and subdivision plats.
(1) 
Land division (CSM): Not more than 10 new individual lots outside of the Greenville Sewer Service Area shall be created by land division [certified survey map (CSM)] within any given calendar year (January 1 to December 31). The following are exceptions to these regulations:
(a) 
One lot for a parent or child of a lot owner who resides on the parcel proposed to be divided.
(b) 
Any division created by the extension of a public right-of-way or other act of Greenville.
(2) 
Subdivision plats: Subdivision plats shall be prohibited outside of the Greenville Sewer Service Area.
D. 
Administration.
(1) 
Reports to the Planning Commission and Board. The Greenville Clerk or his/her designee shall keep a record of each submittal for land divisions outside of the Greenville Sewer Service Area. The Greenville Clerk or his/her designee shall provide a monthly report to the Planning Commission and Board with the number of lots proposed to be created and the number of lots already created in the current calendar year.
(2) 
Submittals exceeding lot restrictions.
(a) 
In the event Greenville receives approval requests for land divisions exceeding the maximum allowable number of lots outside of the Greenville Sewer Service Area, review of the requests shall be in the order in which they were received. Within 30 days of receipt of such land division, the Planning Commission shall notify the applicant, in writing, the submittal would not meet the requirements of this chapter and reject the land division until such time the proposed division would not exceed the restrictions herein. The residual number of allowable lots shall carry over into the succeeding calendar year. Thereafter, the Planning Commission and Board, in the order of submittal, shall take action to approve, conditionally approve or reject the land division consistent with this chapter.