(a) Suitability. No land shall be 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, adverse soil or rock formation, unfavorable topography, extreme slope, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed land division or of the community. The Village Board, 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/Developer an opportunity to present evidence regarding such unsuitability if he/she so desires. Thereafter the Village Board, upon the recommendation of the Plan Commission, may affirm, modify, or withdraw its determination of unsuitability.
(b) Existing Flora. The Subdivider/Developer shall make every effort to protect and retain all existing trees, especially with a trunk diameter of six (6) inches or more, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, possibly including the preservation of trees by well islands or retaining walls whenever abutting grades are altered, pursuant to a landscaping plan filed by the Subdivider/Developer.
(c) Additional Considerations.
(1) Areas of archaeological and/or historical interest shall be designated by the State Historical Society or a local such entity.
(2) Areas of geological interest shall be designated by the State Geological and Natural History Survey.
(3) Suitability of land for private sewerage systems, where authorized by the Village, shall be determined in accordance with Ch. SPS 383, Wis. Adm. Code.
(d) Poor Drainage; Floodable Conditions; Adverse Soil or Rock Formations. Where the subdivision or other division of a tract of land contains a portion of land unsuitable for development because of poor drainage, floodable conditions, poor soil conditions, adverse rock formation, unfavorable topography, inadequate water supply or sewerage disposal capabilities, extreme slope or for any other reason, such areas shall not be divided into buildable sites, and shall be addressed as follows:
(1) Poor Drainage.
Land subject to ponding, poor permeability or poor drainage or for other causes as determined by the Village Board, upon the recommendation of the Plan Commission, or its designated agent, and if said land is not zoned as a conservancy or wetland-floodplain 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, and accepted by the Village, as a park, parkway, other open space, or other public use on an official plan or map of the Village of Edgar, the Subdivider/Developer may dedicate said land to the Village, but in any case shall reserve said land for not less than two (2) years for acquisition by the Village of Edgar.
b. If said land is not designated as a park, parkway, or other public use on an official plan or map, then the Subdivider/Developer shall cause said land to be carried in a private easement in the individual deeds affected thereby, and no permit shall be issued for a building therein.
c. In lieu of the requirements set forth in Subsection (d)(l)a above, the Subdi- vider/Developer may, at his/her expense, prepare a development proposal for the problem area. It shall be submitted for the Plan Commission's recommendation and the Village Board's approval and shall be accompanied by a site plan and adequate engineering data to insure that the public health, safety and welfare will not be violated if approved, and to provide a surety bond to the Village to ensure that such work will be done at a specified time, if approved.
(2) Adverse Soil and Rock Formations.
a. Soil suitability rating for a proposed land division shall be determined by the Plan Commission from sources available to it. The Plan Commission shall determine the minimum lot size required if public sewer is not available even though the minimum lot size allowed under the applicable zoning code is less than the soil rating might require. In order to determine the precise location of soil boundaries, 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 applicant, and according to the procedures established by the State Division of Health of the Wisconsin Department of Family Services and the Wisconsin Department of Safety and Professional Services.
b. Where soil interpretations determine that a tract of land is unsuitable for development under existing conditions, the Subdivider/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 before approval of the proposed development or land division can be recommended for approval by the Plan Commission. If this plan is approved, the applicant shall provide an irrevocable letter of credit or cash deposit to the Village of Edgar to ensure that such work will be done at a specified time.
(e) Miscellaneous Provisions - Floodlands; Slopes. Village officials shall also consider, but not be limited to, the following items in determining land suitability:
(1) Flood/ands.
No lot served by public sanitary sewer facilities shall have more than fifty percent (50%) of its required lot area below an elevation at least two (2) feet above the elevation of the one hundred (100) year recurrence interval flood, or where such data is not available, five (5) feet above the maximum flood of record.
(2) Lands Having a Slope of twenty percent (20%) or more shall be maintained in permanent open space use. No lot shall have more than fifty percent (50%) of its minimum required area in slopes of ten percent (10%) or greater.
(f) Application of Standards By Plan Commission. 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 unsuitable for residential use and afford the Subdivider/Developer an opportunity to present evidence in rebuttal to such finding of unsuitability if he/she so desires. Thereafter the Plan Commission may affirm, modify, or withdraw its determination of unsuitability.