The jurisdiction of these regulations shall
include all lands within the corporate limits of the Village of Cottage
Grove as well as the unincorporated area within 11/2 miles of the
corporate limits as provided in Sections 236.10 and 62.23 of the Wisconsin
Statutes. The provisions of this chapter as it applies to the division
of tracts of land into fewer than five parcels shall not apply to:
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 a replat as defined
herein; no such subdivision, land division or replat shall be entitled
to record; and no street shall be laid out or improvements made to
land without compliance with all requirements of this chapter and:
A.
The provisions of Chapter 236 and Section 80.08, Wisconsin
Statutes.
B.
The rules of the Division of Health, Wisconsin Department
of Health and Family Services, contained in Chapter H 65 of the Wisconsin
Administrative Code, for subdivisions not served by public sewer.
C.
The rules of the Division of Highways, Wisconsin Department
of Transportation, contained in the Wisconsin Administrative Code.
D.
The rules of the Wisconsin Department of Natural Resources
contained in the Wisconsin Administrative Code for a floodplain management
program and shorelands management.
E.
The duly approved Comprehensive Master Plan, Chapter 325, Zoning, the Official Map and all other applicable ordinances of the Village of Cottage Grove.
F.
Applicable Town and County ordinances.
A.
Whenever a subdivision or land division embraces all or any part of any arterial street, drainageway or other public way which has been designated in the Comprehensive Master Plan or Official Map of the Village of Cottage Grove, said public way shall be made a part of the plat and dedicated or reserved by the subdivider or land divider in the locations and dimensions indicated on said plan or map and as set forth in Article VII of this chapter. Whenever a proposed playground, park, school site or other public land, other than streets or drainageways, designated in the Comprehensive Master Plan, Comprehensive Outdoor Recreation Plan or Official Map of the Village of Cottage Grove is embraced, all or in part, in a subdivision or land division, these proposed public lands shall be made a part of the plat and shall be dedicated to the public by the subdivider or land divider as specified in Article IX of this chapter.
B.
Limitation. A subdivider or land divider shall not be required to dedicate more than 1/3 of the total area of the plat of land division to meet the objectives of this section, provided any excess dedication requirements shall be met by payment of a fee in accordance with § 274-65, Fees in lieu of land, of this chapter. The subdivider or land divider may dedicate excess lands in lieu of such fees or any portion thereof, if appropriate Village authorities approve such excess dedications.
[Amended 5-6-2019 by Ord.
No. 04-2019]
The subdivider or land divider shall, before
the recording of the plat or certified survey map, enter into a contract
or developer agreement with the Village agreeing to install the required
improvements and shall file with said contract or developer agreement
a performance bond meeting the approval of the Village Board and meeting
the criteria described in § 36.13(2)(am)(1m), Wis. Stats.,
letter or credit, certified check, or any combination thereof, at
the subdivider’s option in an amount equal to the estimated
cost of the improvements, said estimate to be made by the process
defined in § 236.13(2)(am)(1)(d), Wis. Stats., as a guarantee
that such improvements will be completed by the subdivider or land
divider or his subcontractors not later than two years from the date
of recording of the plat and as a further guarantee that all obligations
to subcontractors for work on the development are satisfied. The subdivider
may construct the project in such phases as the Village Board approves,
which approval may not be unreasonably withheld. If the subdivider’s
project will be constructed in phases, the amount of the security
required by the Village Board is limited to the phase of the project
that is currently being constructed. In addition:
A.
Survey monuments. Before final approval of any plat
within the Village, the subdivider or land divider shall install survey
monuments placed in accordance with the requirements of Section 236.15
of the Wisconsin Statutes and as may be required by the Village Board.
B.
Contractors and subcontractors who are to be engaged
in the construction of street and utility improvements on dedicated
street rights-of-way shall be subject to the approval of the Village
Board.
C.
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.
Before final approval by the Village of any
plat or certified survey map for land located outside the corporate
limits of the Village but within the plat approval jurisdiction of
the Village, the subdivider or land divider shall give evidence that
he has complied with all street and utility improvement requirements
of the Town in which the land being platted is located as well as
meeting the requirements of this chapter.
Where it would be inappropriate to apply literally the provisions of Article VII, VIII or IX of this chapter, the Village Board may waive or modify any requirement to the extent deemed just and proper. The subdivider or land divider shall forward any applications for waiver or modification to the Village Plan Commission for its review. The Village Plan Commission shall consider the waiver or modification at its next regularly scheduled meeting and forward its recommendation to the Village Board. Such relief shall be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the community in accordance with the Comprehensive Master Plan of the Village. A three-fourths vote of the entire membership of the Village Board shall be required to grant any modification of this chapter.
[Amended 4-16-2001 by Ord. No. 03-2001]
A.
No land shall be divided or subdivided for development
which is held unsuitable by the Village Board as recommended by the
Plan Commission for reason of flooding or potential flooding, soil
limitations, inadequate drainage, steep topography, incompatible surrounding
development, inadequate public services or any other condition likely
to be harmful to the health, safety or welfare of the future residents
or users of the area or harmful to the community.
B.
Except as provided herein, the Village Board as recommended
by the Plan Commission shall determine land suitability prior to the
time the preliminary plat or certified survey map is considered for
approval, following review and recommendations by the appropriate
Village commissions and committees. The Village Board as recommended
by the Plan Commission may impose special conditions on the plat or
certified survey map deemed necessary to protect the health, safety
or welfare of future residents of the area. Those areas that are found
to be environmentally sensitive shall be considered for preservation
as open space. The determination of land suitability will be evaluated
through the site assessment procedures. The subdivider shall furnish
such maps, data and information as may be necessary to make a determination
of land suitability.
C.
Should the Village Board as recommended by the Plan
Commission determine that the land is unsuitable for the intended
development, it shall state its reasons in writing to the subdivider
within 30 days of initial Plan Commission and Village Board action.
The subdivider may present additional evidence to support the proposed
subdivision. Upon review of the additional evidence, the Village Board
as recommended by the Plan Commission shall affirm, modify, or withdraw
its determination of unsuitability. The subdivider may appeal the
determination of unsuitability as provided in the appeals procedure.
A.
It shall be unlawful to build upon, divide, convey,
record or monument any land in violation of this chapter or the Wisconsin
Statutes, and no person, firm or corporation shall be issued a building
permit by the Village of Cottage Grove authorizing the building on,
or improvement of, any subdivision, land division or replat 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 Village may institute appropriate
action or proceedings to enjoin violations of this chapter or the
applicable Wisconsin Statutes.
B.
Any person, firm or corporation who or which fails
to comply with the provisions of this chapter shall, upon conviction
thereof, forfeit not less than $100 nor more that $1,000 and the costs
of prosecution for each violation and in default of payment of such
forfeiture and costs shall be imprisoned in the County jail until
payment thereof, but not exceeding six months. Each day a violation
exists or continues shall constitute a separate offense.
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal therefrom, as provided in
Sections 236.13(5) and 62.23(7)(e) of the Wisconsin Statutes, 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.
