These regulations are adopted under the authority granted by
§§ 60.22(3), 61.34(1), and 236.45 of the Wis. Stats.,
and amendments thereto.
This chapter shall be known, referred to, and cited as the "Land
Division Ordinance, Town of Holland, Sheboygan County, Wisconsin,"
and hereinafter referred to as "this chapter."
The purpose of this chapter is to regulate and control the division
of land within the Town of Holland to promote the comfort, health,
safety, morals, prosperity, aesthetics, and general welfare of the
Town of Holland.
It is the general intent of this chapter to regulate the division
of land within the Town of Holland and to:
A.
Strengthen local control of land use decisions and maintain the ability
and right to control the Town of Holland's development.
B.
Ensure that further development and divisions of land are consistent
with the Town of Holland Comprehensive Plan and development standards
set forth in codes and ordinances adopted by the Town of Holland.
[Amended 4-12-2021 by Ord. No. 3-2021]
C.
Supplement the Sheboygan County Code of Ordinances Chapter 71.
It is not intended by this chapter to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, ordinances, rules, regulations, or permits previously
adopted or issued pursuant to law. However, wherever this chapter
imposes greater restrictions, the provisions of this chapter shall
govern.
In the interpretation and application of this chapter, the provisions
of this chapter shall be held to be minimum requirements and shall
be liberally construed in favor of the Town of Holland and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes.
A.
If any section, clause, provision, or portion of this chapter is
adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
B.
If any application of this chapter to a division of land is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
such judgment shall not be applicable to any other structure, land,
or water not specifically included in said judgment.
C.
The Town of Holland does not guarantee, warrant, or represent that
only those areas delineated as navigable waterways, wetlands, and
floodplains will be subject to periodic inundation, nor does the Town
of Holland guarantee, warrant or represent that any soils listed as
being unsuited for specific uses are the only unsuitable soils, and
hereby asserts that there is no liability on the part of the Town
of Holland for any flood damages, sanitation problems, or structural
damages that may occur as a result of reliance upon, and conformance
with, this chapter.
A.
Multiple jurisdictions.
(1)
All persons reviewing the provisions of this chapter should be aware
that the Town of Holland is only one of a number of governmental bodies
that may have jurisdiction over proposed divisions of land. The Town
of Holland cannot make any representations on behalf of any other
government body. This chapter shall by reference include subsequent
updates and amendments of any applicable codes and ordinances. No
division of land may be made unless all required approvals have been
given.
(2)
All proposed divisions of land shall be submitted to the Town of
Holland for review and approval prior to submission to any other governmental
body.
B.
Binding acts. No statement or actions by the Town of Holland should
be construed or taken as a binding act except a resolution, motion,
or ordinance that has been adopted by the Town Board at a lawfully
conducted Town Board meeting. This includes, but is not limited to,
interpretation of this chapter.
C.
Compliance assurance. The Town of Holland expressly states that it
has no responsibility whatsoever for assuring that land and/or structures
sold in the Town of Holland are in compliance with any codes or ordinances.
The Town of Holland also assumes no responsibility for the suitability
of any property whose division of land has been approved by the Town
Board.
