This chapter shall apply to all land and water within the corporate limits of the City of Edgerton, Rock and Dane Counties, Wisconsin, and to all lands within the extraterritorial land division approval jurisdiction of the City.
All proposed land divisions, except those exempted in accordance with § 442-11D and E, shall be subject to City review and approval in which the City shall approve, approve with conditions and/or deed restrictions, or reject proposed plats and certified survey maps.
A. 
Subdivisions. Any division of land within the City or the extraterritorial land division approval jurisdiction of the City that results in a subdivision as defined in Article XI shall be surveyed and a plat thereof approved and recorded pursuant to the provisions of Article V of this chapter and Ch. 236, Wis. Stats.
B. 
Minor land divisions. Any division of land within the City or the extraterritorial land division approval jurisdiction of the City that results in a minor land division as defined in Article XI shall be surveyed and a certified survey map of such division approved and recorded as required by Article VI of this chapter and Ch. 236, Wis. Stats.
C. 
Condominiums. Any development within the City that creates a condominium as defined in Article XI shall be surveyed and a condominium plat thereof approved and recorded pursuant to § 442-31 of this chapter and Ch. 703, Wis. Stats. Any condominium that creates a new lot, parcel, or outlot shall also comply with the requirements of Ch. 236, Wis. Stats., and the requirements of this chapter as applicable to land divisions. It is the express intent of this chapter to regulate condominiums having one or more principal structures on any lot or parcel, except for condominium conversions of existing buildings where no additional units are being developed, provided such conversions comply with Ch. 703, Wis. Stats. In no case shall the maximum number of units in a condominium exceed the maximum number of lots the same parcel could have accommodated under Chapter 450, Zoning, if the parcel had been conventionally divided or developed, unless approved by a Planned Development.
D. 
The provisions of this chapter, as it applies to division of tracts of land into four or fewer lots or parcels, shall not apply to:
(1) 
Transfers of interest in land by will or pursuant to court order.
(2) 
Leases for a term not to exceed 10 years, mortgages, or easements.
(3) 
Sale or exchange of parcels of land between owners of adjoining property, subject to City review and approval to ensure compliance with the requirements of this chapter and Chapter 450, Zoning, if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this chapter, Chapter 450, or other applicable laws or ordinances and the City approves the sale or exchange to ensure compliance with such requirements and ordinances.
E. 
All of the following specific uses and activities are exempted from this chapter:
(1) 
Cemetery plats made under § 157.07, Wis. Stats.
(2) 
Assessors' plats made under § 70.27, Wis. Stats., however, Assessors' plats shall comply with §§ 236.15(1)(a) through (g) and 236.20(1) and (2)(a) through (e), Wis. Stats., unless waived under § 236.20(2)(L), Wis. Stats.
(3) 
Public transportation project plats made under § 84.095, Wis. Stats.
(4) 
Sale or exchange of parcels of public utilities or railway rights-of-way to adjoining property owners if the City Council approve such sale or exchange on the basis of applicable local ordinances or the provisions of Ch. 236, Wis. Stats.
No person, firm, or corporation shall divide any land located within the jurisdictional limits of the City which results in a subdivision, minor land division, replat, or condominium as defined herein unless specifically exempted under § 442-11D or E; and no such subdivision, minor land division, replat, or condominium shall be entitled to record without compliance with:
A. 
All requirements of this chapter.
B. 
The City Comprehensive Plan or any component thereof, Chapters 423, Official Map, 439, Stormwater Management, and 450, Zoning.
C. 
The provisions of Ch. 236, Wis. Stats., for proposed land divisions.
D. 
The provisions of Ch. 703, Wis. Stats., for proposed condominiums.
E. 
The rules of the Wisconsin Department of Safety and Professional Services regulating lot size and lot elevation necessary for proper sanitary conditions if any lot or unit is not served by a public sewer and provisions for such service have not been made.
F. 
The rules of the Wisconsin Department of Transportation and the applicable county highway department relating to provision for the safety of entrance upon and departure from county and state trunk highways or connecting highways and for the preservation of the public interest and investment in such highway systems if the land owned or controlled by the subdivider abuts on a county or state trunk highway or connecting highway or street.
G. 
The rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution, and regulating development within floodplain, wetland, and shoreland areas.
H. 
The rules of the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency.
I. 
All other applicable ordinances and state and federal regulations.
Lands shall not be divided that are held unsuitable for such use by the Plan Commission, upon recommendation of the City Engineer or other agency as determined by the Plan Commission, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents or occupants of the proposed land division, or the City, or poses an imminent harm to the environment. In addition:
A. 
Floodplains and wetlands. Unless in compliance with the provisions of Chapter 435, Shoreland-Wetland Zoning.
B. 
Lands having a slope of 12% or more may be required by the Plan Commission to be maintained in natural open uses. A lot served by public sanitary sewer shall have at least 50% of its minimum required lot area or 4,200 square feet, whichever is less, in slopes of less than 12%. A lot served by a POWTS shall have at least 50% of its minimum required lot area or 20,000 square feet, whichever is less, in slopes of less than 12%.
C. 
The City Plan Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it based its conclusion that the land is not suitable for the intended use and afford the subdivider an opportunity to present evidence in rebuttal to the finding of unsuitability. The Plan Commission may thereafter affirm, modify, or withdraw its determination of unsuitability.
A. 
Streets, highways, and drainageways. Whenever a proposed land division encompasses all or any part of an street, highway, drainageway, other public way or public access to navigable lakes, rivers, or streams, which has been designated in the Comprehensive Plan or component thereof or the Official Map of the City, said public way shall be made a part of the plat or certified survey map and dedicated or reserved, as determined by the City, by the subdivider in the locations and dimensions indicated on said plan or map and as set forth in Article VII.
B. 
Dedication or reservation. Park and school sites shall be dedicated or reserved as provided in § 442-65.
C. 
Protection of open space. Whenever a proposed land division encompasses all or any part of open space lands, as defined in Article XI, such open space land shall be protected. Acceptable means of protection shall include, but not be limited to, the following:
(1) 
Reservation or dedication to the City, county, or state.
(2) 
Donation to a nonprofit conservation organization.
(3) 
Conservation easement.
(4) 
Deed restriction or restrictive covenant. Common open space to be preserved in perpetuity shall be protected by providing a deed restriction or restrictive covenant that prohibits any land division or development of said open space, except limited recreational amenities as approved by the agency or organization having jurisdiction.
D. 
Proposed public lands lying outside the corporate limits of the City but within the extraterritorial land division approval jurisdictional area of these regulations shall be reserved for acquisition by the town or County.
Common areas or facilities within a land division or condominium shall be held in common ownership as undivided proportionate interests by the members of a homeowners' or condominium association, subject to the provisions set forth herein. The homeowners' or condominium association shall be governed according to the following:
A. 
The subdivider shall provide the City with a description of the homeowners' or condominium association, including all documents governing maintenance requirements and use restrictions for common areas and facilities. These documents shall be subject to review by the Plan Commission.
B. 
The association shall be established by the owner or applicant and shall be operating prior to the sale of any lots or units in the subdivision or condominium.
C. 
Membership in the association shall be mandatory for all purchasers of lots or units therein and their successors and assigns.
D. 
The association shall be responsible for maintenance and insurance of common areas and facilities.
E. 
A land stewardship plan for any common open space to be retained in a natural state shall be included in the submittal of association documents.
F. 
In the event that the association established to own and maintain common areas and facilities, or any successor organization thereto, fails to properly maintain all or any portion of the aforesaid common areas or facilities, the City may serve written notice upon such association setting forth the manner in which the association has failed to maintain the aforesaid common areas and facilities. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the association, or any successor association, shall be considered in violation of this chapter, in which case the City shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the City shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.
Before approval of any final plat or, where applicable, certified survey map (CSM) located within the corporate limits of the City, the subdivider shall install street, utility, and other improvements as hereinafter required. In the alternative, if such improvements are not installed by the time the final plat or CSM is submitted for approval, the subdivider shall, before the recording of the plat or CSM, enter into a development agreement with the City agreeing to install the required improvements, and shall file with said agreement a bond or letter of credit with good and sufficient surety meeting the approval of the City Attorney or a certified check in the amount equal to the estimated cost of the improvements. Said estimate shall be made by the City Engineer as a guarantee that such improvements will be completed by the subdivider or the subdivider's subcontractors not later than the dates set forth in the development agreement and as a further guarantee that all obligations to subcontractors for work on the land division are satisfied. In addition:
A. 
Contract specifications for the construction of street and utility improvements within public street rights-of-way, as well as contractors and subcontractors providing such work, shall be subject to approval of the City.
B. 
Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section.
C. 
Survey monuments. Before final approval of any plat or CSM within the corporate limits of the City, the subdivider shall cause survey monuments to be installed as required by and placed in accordance with the requirements of § 236.15, Wis. Stats., and as may be required by the City Engineer. The City Engineer may waive the placing of monuments, as provided in § 236.15(1)(h), Wis. Stats., for a reasonable time, not to exceed one year, on the condition that the subdivider provide a letter of credit, certified check, or surety bond equal to the estimated cost of installing the monuments to ensure the placing of such monuments within the time required by statute. Additional time may be granted upon show of cause.
D. 
Plats outside corporate limits. Before final approval by the City of any plat or CSM located outside the corporate limits of the City but within the extraterritorial land division approval jurisdiction of the City, the subdivider shall give evidence that he or she has complied with all street and utility improvement requirements of the town in which of the land being platted is located.
Before or as a condition of receiving final approval from the City Council of any final subdivision plat, condominium plat, or certified survey map for which public improvements are required by this chapter; or for which public improvements, dedications, or fees are being deferred under this chapter, or for which phasing approval is being granted under § 442-86 of this chapter, the subdivider shall sign and file with the City Council a development agreement. The development agreement shall be approved as to form by the City Attorney, and shall be subject to approval by the City Council prior to approval of the final subdivision plat, condominium plat, or certified survey map.
Where, in the judgment of the Plan Commission, it would be inappropriate to apply literally the provisions of Articles VII and VIII of this chapter because exceptional or undue hardship would result, the Plan Commission may waive or modify any requirement to the extent deemed just and proper. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the community in accordance with an adopted Comprehensive Plan or component thereof. No exception or modification shall be granted unless the Plan Commission finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
A. 
Exceptional circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.
B. 
Preservation of property rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
C. 
Absence of detriment. That the exception or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
D. 
A majority vote of the quorum of the Plan Commission shall be required to grant any exception or modification of this chapter, and the reasons shall be entered into the minutes of the Commission.
No person, firm, or corporation shall build upon, divide, convey, record, or place monuments on any land in violation of this chapter or the Wisconsin Statutes. No person, firm, or corporation shall be issued a zoning, building, or sanitary permit by the City authorizing the building on, or improvement of, any subdivision, minor land division, replat, or condominium within the jurisdiction of this chapter not of record as of the effective date of this chapter, until the provisions and requirements of this chapter have been fully met. The City may institute appropriate action or proceedings to enjoin violations of this chapter.
Any person, firm, or corporation who fails to comply with the provisions of this chapter or Ch. 236, Wis. Stats., shall, upon conviction thereof, face penalties as set forth below plus any additional costs incurred by the City for each violation. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include the following:
A. 
Recordation improperly made carries penalties as provided in § 236.30, Wis. Stats.
B. 
Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31, Wis. Stats.
C. 
Monuments disturbed or not placed carries penalties as provided for in § 236.32, Wis. Stats.
D. 
Dividing a lot or parcel, or use if so divided, in a recorded plat or certified survey map for purposes of sale or building development not in compliance with the provisions of Ch. 236, Wis. Stats., to any applicable ordinance of an approving authority, or to the rules of the Wisconsin Department of Safety and Professional Services carries penalties as provided in § 236.335, Wis. Stats.
E. 
An Assessor's plat made under § 70.27, Wis. Stats., may be ordered as a remedy by the City, at the expense of the subdivider, when a subdivision, as defined in this chapter, is created by successive divisions.
F. 
Penalties for violations not listed above shall be in accordance with the general penalty as set forth in § 1-6 of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve, as provided in §§ 236.13(5) and 62.23(7)(e), Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable, or discriminatory.