Cross Plains board approves Marchstone subdivision declaration despite objections about poultry and subjective covenants

Trustees for the Village of Cross Plains on Jan. 26 approved a declaration of covenants for the Marchstone subdivision after months of review by village staff, the village attorney and the village planner.

Staff said the developer agreed to remove language that would have restricted solar panel placement but kept provisions limiting poultry (chickens and ducks), and retained sign and architectural-elevation language. A motion to approve the declaration was made, seconded and passed by voice vote.

Several trustees urged caution about highly subjective provisions in the declaration — for example, language requiring building elevations to be “well proportioned” and “designed with emphasis on street-facing elevation.” One trustee warned that clauses phrased as subjective standards can be difficult to apply consistently and could deter prospective buyers; another trustee noted that deed restrictions are a private covenant that buyers can accept as part of a developer’s business plan.

Trustees also discussed the community’s right to display political or election signage on residential lots. Staff said enforcement would start with a notice and, if signs remained more than a week after an election, the deed-restriction enforcement process could be pursued; they noted county and village ordinance timelines that can affect enforcement.

The declaration received a majority voice vote. Trustees said the village will monitor how the covenants function and reiterated that they are intended to preserve neighborhood character while recognizing property owners’ First Amendment protections for temporary political signage.