It is recommended that, prior to the filing
of an application for the approval of a certified survey or preliminary
plat, the subdivider or land divider consult with the Village Plan
Commission in order to obtain its advice and assistance. This consultation
is neither formal nor mandatory but is intended to inform the subdivider
or land divider of the purpose and objectives of these regulations,
the Comprehensive Master Plan and duly adopted plan implementation
devices of the Village and to otherwise assist the subdivider or land
divider in planning the development.
A.
General development plan and public improvement concepts.
The subdivider or land divider should prepare a general development
plan for all contiguous land owned or controlled by the subdivider
or land divider. The general development plan should include:
(1)
A topographic map at a scale of 100 feet or less to the inch with two-foot contours. (For land divisions, see § 274-22, Certified survey maps.)
(2)
Location and delineation of existing and proposed
streets.
(3)
Public improvement concepts, including location of
existing and future utility easements and improvements.
(4)
Location and approximate size of all lots.
(5)
Delineation of previously platted areas bordering
the proposed platted lands.
B.
Preapplication conference(s).
(1)
The subdivider or land divider should consult the
following Village officials for their comments regarding the general
development plan and public improvement concepts:
(2)
The preapplication conference(s) is designed to inform
the subdivider or land divider of the Comprehensive Master Plan and
duly adopted plan implementation devices.
C.
Plan Commission meeting(s). The subdivider or land
divider should submit the general development plan and public improvement
concepts with comments from the preapplication conference(s) to the
Village Plan Commission and attend the Plan Commission meeting to
explain the project and answer questions. The Plan Commission may
request the subdivider or land divider to transmit copies of the preliminary
plat to other review agencies.
D.
Informational public meetings. The owner, developer, applicant shall
hold one or more informational meetings or open houses with the community
as determined by the Plan Commission and/or Village Board with the
conceptual planning stages and through all stages of development prior
to submitting a preliminary plat, final plat, or development plan.
[Added 4-18-2005 by Ord. No. 04-2005; amended 2-19-2018 by Ord. No.
02-2018]
[Amended 2-19-2018 by Ord. No. 02-2018]
Before submitting a final plat for approval, the subdivider (or land divider, if deemed necessary) shall prepare a preliminary plat and submit a preliminary plat application in accordance with Article IV of this chapter. The request for approval shall be submitted at least 30 days before the scheduled Village Plan Commission at which the hearing is to be considered. The subdivider or land divider shall file the original of the preliminary plat plus a minimum of 25 copies or as many copies as may be required by the Village Clerk. At the discretion of the Village Clerk and/or Zoning Administrator, in lieu of the 25 copies the Village may accept one hard copy and a digital submittal of all application materials in a format deemed acceptable to Village staff.
A.
Agreement to reimburse the Village. At the time of filing an application
for a preliminary plat, the applicant shall also execute an agreement
to reimburse the Village, in a form from time to time approved by
the Village Board, agreeing to reimburse the Village for all administrative,
engineering, and legal fees incurred in the review of the preliminary
plat, and shall deposit in escrow with the Village Treasurer a check
in an amount described by the Village Fee Schedule.[1] The Village Treasurer shall draw against such deposit
for payment of all administrative, engineering, legal and other costs
incurred by the Village in reviewing the preliminary plat. If at any
time prior to the final approval of the preliminary plat or part thereof
the deposit shall be insufficient to reimburse the Village for its
expenses, the subdivider or land divider shall deposit additional
security within 15 days of notice from the Village Treasurer or the
preliminary plat shall be rejected. The escrow amount shall be in
addition to the preliminary plat review fee, also described by the
Village Fee Schedule, which is nonrefundable.
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
B.
Within two days after filing, the applicant shall transmit four copies
to Dane County and two copies to each of the state agencies required
to review the plat as specified in Section 236.12 of the Wisconsin
Statutes and copy the Village Clerk on the transmittals. Dane County
and the Wisconsin Department of Development are required to review
plats and shall be hereinafter referred to as "objecting agencies."
The Village Clerk shall submit an adequate number of copies, or digital
copies at the Village Clerk's discretion, to the Village Plan Commission,
the public utilities, the Village Board and other review authorities.
The Village Clerk shall schedule a public hearing before the Plan
Commission and shall mail notices of the public hearing to the owners
of all properties within 400 feet of all exterior boundaries of the
proposed subdivision.
C.
The Village Plan Commission, hereby designated as
the principal review and advisory commission for all preliminary plats,
shall conduct a public hearing and shall examine the preliminary plat
for conformance with this chapter and all ordinances, rules, regulations,
comprehensive plans and comprehensive plan components which affect
it. The Village Plan Commission may require the subdivider or land
divider to transmit copies of the preliminary plat to other review
agencies.
(1)
If the Village Clerk is unable to post notice and
schedule a public hearing before the Village Plan Commission within
the time specified within this chapter, the Village Clerk shall ask
the subdivider or land divider to extend the time allowed for a response
from the Village Board in order to permit scheduling and adequate
notification for a public hearing. If the subdivider or land divider
refuses to accept an extension, the public hearing requirement may
be waived and the Village Plan Commission shall submit its recommendation
to the Village Board following the Plan Commission's next regularly
scheduled meeting.
(2)
The Village Plan Commission encourages the subdivider
or land divider to attend the public hearing to explain the preliminary
plat and answer questions. The Village Plan Commission shall make
a recommendation to the Village Board to approve, conditionally approve
or reject all or any portion of the preliminary plat within 60 days
of the date of filing of the preliminary plat with the Village Clerk.
The Village Plan Commission may also request changes to the plat prior
to the Plan Commission's recommendation.
A.
The objecting County and state agencies shall, within
20 days of the date of receiving their copies of the preliminary plat,
notify the subdivider and all other approving and objecting agencies
of any objections. If there are no objections, they shall so certify
on the face of the copy of the plat and shall return that copy to
the Village Clerk. If an objecting agency fails to act within 20 days,
it shall be deemed to have no objections to the plat.
B.
The Village Board, within 90 days of the date of filing of the preliminary
plat with the Village Clerk, shall approve, approve conditionally,
or reject such plat. One copy of the plat shall thereupon be returned
to the subdivider or land divider with the date and action endorsed
thereon, and if approved conditionally or rejected, a report setting
forth the conditions of approval or the reasons for rejection shall
accompany the plat.
[Amended 2-19-2018 by Ord. No. 02-2018]
C.
Approval or conditional approval of a preliminary
plat shall not constitute automatic approval of the final plat, except
that if the final plat is submitted within 24 months of preliminary
plat approval and conforms substantially to the preliminary plat layout
as indicated in Section 236.11(1)(b) of the Wisconsin Statutes, the
final plat shall be entitled to approval with respect to such layout.
The preliminary plat shall be deemed an expression of approval or
conditional approval of the layout submitted as a guide to the preparation
of the final plat, which will be subject to further consideration
by the Village Plan Commission and Village Board at the time of its
submission.
A.
The subdivider or land divider shall prepare a final plat and submit a final plat application in accordance with Article V of this chapter at least 20 days before the Plan Commission meeting to consider the final plat. The subdivider or land divider shall file 25 copies of the final plat with the Village Clerk. At the discretion of the Village Clerk and/or Zoning Administrator, in lieu of the 25 copies the Village may accept one hard copy and a digital submittal of all application materials in a format deemed acceptable to Village Staff.
[Amended 2-19-2018 by Ord. No. 02-2018]
B.
Agreement to reimburse the Village. At the time of filing an application
for a final plat, the applicant shall also execute an agreement to
reimburse the Village, in a form from time to time approved by the
Village Board, agreeing to reimburse the Village for all administrative,
engineering, and legal fees incurred in review of the final plat,
and shall deposit in escrow with the Village Treasurer a check in
an amount described by the Village Fee Schedule[1] a cashier's check of cash in an amount estimated to cover
such costs as determined by the Village Board. The Village Treasurer
shall draw against such deposit for payment of all administrative,
engineering, legal and other costs incurred by the Village in reviewing
the final plat. If at any time prior to the final approval of the
final plat or part thereof the deposit shall be insufficient to reimburse
the Village for its expenses, the subdivider or land divider shall
deposit additional security within 15 days of notice from the Village
Treasurer or the final plat shall be rejected. The escrow amount shall
be in addition to the final plat review fee, also described by the
Village Fee Schedule, which is nonrefundable.
[Amended 2-19-2018 by Ord. No. 02-2018]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
C.
Final plats.
[Amended 8-20-2001 by Ord. No. 06-2001]
(1)
Plats within the Village. The Village Clerk shall,
within two days after filing, transmit four copies to the County Planning
Agency and two copies to each of the state agencies required to review
the plat as specified in Section 236.12 of the Wisconsin Statutes.
The Village Clerk shall also submit an adequate number of copies to
the Village Plan Commission, the public utilities, the Village Board
and other review authorities. The Village Clerk shall schedule a public
meeting before the Village Plan Commission.
(2)
Plats within the extraterritorial land division review
area. The Village Clerk shall, within two days of filing, submit an
adequate number of copies to the Village Plan Commission, the Village
Board and other review authorities. The Village Clerk shall schedule
a public meeting before the Village Plan Commission.
D.
The Village Plan Commission shall conduct a public
meeting and shall examine the final plat for conformance with the
approved preliminary plat, any conditions of approval of the preliminary
plat, this chapter and all ordinances, rules, regulations, comprehensive
plans and comprehensive plan components which affect it. The Village
Plan Commission shall submit its recommendations to the Village Board
within 30 days from the date the final plat is filed with the Village
Clerk.
[Amended 8-20-2001 by Ord. No. 06-2001]
A.
The objecting County and state agencies shall, within
20 days of the date of receiving their copies of the final plat, notify
the subdivider and all other approving and objecting agencies of any
objections. If there are no objections, they shall so certify on the
face of the copy of the plat and shall return that copy to the Village
Clerk. If an objecting agency fails to act within 20 days, it shall
be deemed to have no objection to the plat.
B.
The Village Board shall, within 60 days of the date
of filing the original final plat with the Village Clerk, approve
or reject such plat unless the time is extended by agreement with
the subdivider or land divider. If the plat is rejected, the reasons
shall be stated in the minutes of the meeting and a written statement
of the reasons forwarded to the subdivider or land divider. The Village
Board may not inscribe its approval on the final plat unless the Village
Clerk certifies on the face of the plat that the copies were forwarded
to objecting agencies as required herein, the date thereof, and that
no objections have been filed within 20 days or, if filed, have been
met. Upon failure of the Village Board to act within 60 days of the
date of filing of the final plat with the Village Clerk, the time
not having been extended and no unsatisfied objections having been
filed, the plat shall be deemed approved.
C.
Recordation. After the final plat has been approved
by the Village Board, required improvements are installed or a contract
and sureties are filed insuring their installation, and all fees and
deposits are paid, the Village Clerk shall cause the certificate inscribed
upon the plat attesting to such approval to be duly executed and the
plat returned to the subdivider for recording with the County Register
Deeds. The Register of Deeds cannot record the plat unless it is offered
within 30 days from the date of the last approval.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in Sections 236.40 through 236.44 of the Wisconsin Statutes. The subdivider, or person wishing to replat, shall then proceed as specified in §§ 274-16 through 274-20.
A.
When it is proposed to divide a parcel of land into fewer than five parcels or building sites, any one of which is less than 15 acres in size, or when it is proposed to divide a block, lot, or outlot into not more than four parcels or building sites within a recorded subdivision plat without changing the boundaries of said block, lot, or outlot, land division by a certified survey map may be accepted. The subdivider or land divider shall meet the requirements of § 274-16 of this chapter, except for § 274-16A(1) topographic map. The Village Plan Commission may, at its discretion, require the subdivider or land divider to meet pertinent requirements of §§ 274-16A(1), 274-17, 274-19, and 274-20 (preliminary and final plat reviews) of this chapter. If the Village Plan Commission does not require the subdivider or land divider to meet those requirements, the subdivider or land divider shall prepare the certified survey map and submit an application in accordance with Article VI of this chapter and file 15 copies of the map with the Village Clerk. At the discretion of the Village Clerk and/or Zoning Administrator, in lieu of the 15 copies the Village may accept one hard copy and a digital submittal of all application materials in a format deemed acceptable to Village Staff.
[Amended 2-19-2018 by Ord. No. 02-2018]
B.
The Village Clerk shall schedule a public meeting before the Village
Plan Commission. For proposed land divisions within the Village limits,
the Village Clerk shall mail notices of the public meeting to the
owners of all properties within 400 feet of the exterior boundaries
of the proposed land division.
[Amended 8-20-2001 by Ord. No. 06-2001; 2-19-2018 by Ord. No. 02-2018]
C.
The Village Plan Commission shall review the map for
conformance with this chapter and all ordinances, rules, regulations,
comprehensive plans and comprehensive plan components which affect
it. The Village Plan Commission shall, within 30 days from the date
of filing of the map, recommend approval, conditional approval or
rejection of the map and shall transmit the map along with its recommendations
to the Village Board.
D.
The Village Board shall approve, approve conditionally
or reject such map within 60 days from the date of filing of the map
unless the time is extended by agreement with the subdivider or land
divider. If the map is rejected, the reason shall be stated in the
minutes of the meeting and a written statement forwarded to the subdivider
or land divider. If the map is approved, the Village Board shall cause
the Village Clerk to so certify on the face of the original map and
return the map to the subdivider or land divider.
E.
Recordation. The subdivider or land divider shall
record the map with the County Register of Deeds within the deadlines
established by the applicable Wisconsin Statutes.
[Amended 7-20-2020 by Ord. No. 08-2020]
[Amended 4-16-2001 by Ord. No. 03-2001]
A.
Extraterritorial land division policies.
(1)
The following policies shall govern the Village Board
in approving division of land within the extraterritorial area in
order to promote the intent and those purposes set forth in this chapter
if the Village of Cottage Grove elects to formally apply its extraterritorial
land division approval authority through Board resolution.
(2)
No land divisions (subdivisions nor minor subdivisions)
as defined in this chapter will be permitted within the formally adopted
extraterritorial limits of the Village of Cottage Grove without approval
of the Village, per the procedures in this chapter as applicable to
land divisions within the Village.
(3)
Land divisions (subdivisions and minor subdivisions)
will be permitted within the formally adopted extraterritorial limits
of the Village of Cottage Grove if not exceeding an overall density
of one dwelling unit for 35 acres, exclusive of the farmstead demonstrated
by the subdivider to the satisfaction of the Village to be existing
as of the effective date of this chapter. Lots for nonresidential
use will be handled on a case-by-case basis. The standards used to
review these land divisions will be the same as the standards contained
in the Dane County Exclusive Agricultural Zoning District Ordinances
that are used for considering rezoning. The only exception to this
policy is that lots resulting in the infill of existing subdivisions
may be permitted.
(4)
The minimum lot size within the formally adopted extraterritorial limits of the Village of Cottage Grove shall be one acre. A smaller lot size may be allowed if also approved by the respective Town Board. In all instances, the density provisions of Subsection A(3), immediately above, shall also apply.
(5)
The Village of Cottage Grove will attempt to seek
consistency of the Village's plans and locally adopted Town plans.
To the extent that the policies of the Village of Cottage Grove are
more restrictive in regard to the protection of the public health,
safety, welfare, environmental quality, or in terms of implementing
the Village's Official Map, the Village's policies shall prevail.
All land divisions within the formally adopted extraterritorial limits
will be subject to the land reservation or dedication requirements
of this chapter. This specifically means the following:
(a)
Any public right-of-way area identified on the
Village Master Plan or Official Map shall be dedicated in conformance
with requirements of this chapter.
(b)
Any waterway or stormwater management area identified
on the Village Master Plan or Official Map shall be dedicated in conformance
with requirements of this chapter.
(c)
Any lands falling within the limits of an environmental
corridor, as mapped by the Village of Cottage Grove or Dane County,
will be required to record a public open space easement specifying
that the development shall be consistent with conservancy area zoning
in the Village Zoning Ordinance.[1]
(d)
All land divisions within the formally adopted
extraterritorial limits shall be required to meet all of the development
layout design standards contained in this chapter.
(e)
All land divisions within the formally extraterritorial
limits will be required to follow erosion control plans and stormwater
management in compliance with this chapter.
(f)
All land divisions within the formally adopted
extraterritorial limits shall pay the required review fees contained
in this chapter prior to initial placement on the Plan Commission
agenda.
(6)
The Village Board as recommended by the Plan Commission
may require placement of covenants or deed restrictions that are deemed
necessary and appropriate by the Village Plan Commission and Village
Board to protect environmental quality, public health, safety and
welfare, or otherwise implement the Village's Official Map. Any such
restrictions shall be placed on the face of the plat or certified
survey map.
(7)
The plat or certified survey map shall include the
entire original parcel of land from which any new lots or parcels
are created, and a note shall be placed on the face of the plat or
certified survey map indicating areas necessary for compliance with
the density standard established herein.
B.
Extraterritorial land division procedures.
(1)
In all cases, the time period within which action
is required shall not begin until the Town Board, the staff serving
the Dane County Zoning Committee, and the Village of Cottage Grove
have received all maps, drawings and data required for plat or certified
survey map approval.
(2)
No person, firm or corporation shall divide any land
located within the formally adopted land division approval jurisdiction
of the Village of Cottage Grove without first filing an application
and paying the Village's standard land division review fee.
(3)
Preapplication procedure. Before filing an application
for approval of a plat or certified survey, the subdivider shall consult
with the Department of Public Works and shall prepare the following:
(4)
This procedure is intended to assist the developer
in appraising the objectives of these regulations, the Master Plan,
the Official Map and other pertinent Village ordinances. The preapplication
information shall be submitted to the Plan Commission and Village
Board for review and approval.
(5)
Following completion of the preapplication procedure,
submittal requirements for land divisions within the extraterritorial
land division jurisdiction enacted by Village Board resolution shall
be identical to those required for land divisions within the Village
limits.
C.
Determination of adequacy of public facilities and
services for all land divisions.
(1)
Certified survey map, preliminary plat or final plat
shall not be approved unless the Village Board as recommended by the
Plan Commission determines that adequate public facilities and public
services are available to meet the needs of the proposed land division.
(2)
The applicant shall furnish any data requested by
the Village Engineer, who shall transmit this information to appropriate
Village commissions, committees and boards for review and shall act
as coordinator for their reports to the Village Board as recommended
by the Plan Commission on the adequacy of water, sanitary and storm
sewers, fire service, police, parks and open space and recreation
facilities, and transportation facilities.
(3)
Public facilities and public services for a proposed
plat or certified survey map may be found to be adequate when the
following conditions are found by the Village Board as recommended
by the Plan Commission to predominate:
(a)
Where the proposed land division is located
in an urban service area or planned future urban service area where
mainline interceptor sewer service is available, presently under construction,
or designated by the Village Board for extension of sewer service,
the Village Board as recommended by the Plan Commission shall also
consider the recommendations of the Village Engineer and the Public
Works, Properties, and Sustainability Committee on the capacity of
trunk lines and of sewage treatment facilities and any other information
presented.
[Amended 3-21-2022 by Ord. No. 03-2022]
(b)
Where the proposed land division is not located
in an urban service area or planned future urban service area where
mainline interceptor sewer service is available, presently under construction,
or designated by the Village Board for extension of sewer service,
the Village Board as recommended by the Plan Commission shall consider
the site specific and overall impact of such development on the public
health, safety and welfare of the immediate area and community as
a whole.
(c)
Where the proposed land division is located
within an urban service area or planned urban service area where arterial
transmission water main service is available, presently under construction,
or designated by the Village Board for extension of public water service,
the Village Board as recommended by the Plan Commission shall consider
the recommendations of the Village Engineer and the Public Works,
Properties, and Sustainability Committee on line capacities, water
sources and storage facilities as well as any other information presented.
[Amended 3-21-2022 by Ord. No. 03-2022]
(d)
Where the proposed land division is located
within an urban service area or planned urban service area where arterial
transmission water main service is not available, presently under
construction, or designated by the Village Board for extension of
public water service, the Village Board as recommended by the Plan
Commission shall consider the site specific and overall impact of
such development on the public health, safety and welfare of the immediate
area and community as a whole.
(e)
The Village Engineer and Public Works, Properties,
and Sustainability Committee recommend to the Village Board as recommended
by the Plan Commission that adequate facilities are available to insure
the proper stormwater management.
[Amended 3-21-2022 by Ord. No. 03-2022]
(f)
The Parks, Recreation and Forestry Commission
recommends that future residents of the proposed land division can
be assured park, recreation and open space areas, facilities and services
which meet the standards of the Park and Open Space Plan.
(g)
The appropriate Police Department and Fire District
verify that timely and adequate service can be provided to the residents.
(h)
The proposed land division is accessible by
existing publicly maintained, all-weather roads adequate to accommodate
both existing traffic and that traffic to be generated by the proposed
land division, or necessary additional roads and road improvements
are budgeted for construction with public or private financing, or
public transportation service sufficient to serve the land division
in combination with the foregoing is available or programmed for the
area. The Village Board as recommended by the Plan Commission shall
consider the recommendations of other commenting agencies and jurisdictions
and such factors as level of service, average and peak use and any
other information presented.
(4)
Where the Village Board as recommended by the Plan
Commission determines that one or more public facilities or services
are not adequate for the proposed development, but that a portion
of the area could be served adequately, or that careful phasing of
the development could result in all public facilities and public services
being adequate, conditional approval may include only such portions
or may specify phasing of the development.
