Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal therefrom as provided in
§ 62.23(7)(e)10 to 15, Wis. Stats., within 30 days of notification
of the rejection of the plat. For the purpose of such appeal the term
"Board of Appeals" means an approving authority. Where the 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 authority or objecting agency is arbitrary, unreasonable
or discriminatory.
In any particular case where the subdivider
can show that, by reason of exceptional topographic or other physical
conditions, strict compliance with any requirement of this chapter
would cause practical difficulty or exceptional and undue hardship,
the Village Board may relax such requirement to the extent deemed
just and proper, so as to relieve such difficulty or hardship, provided
that such relief may 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 neighborhood and the Village.
A three-fourths vote of the entire Village Board shall be required
to grant modifications or exceptions to this chapter, and any modification
or exception so granted shall be entered in the minutes of the Village
Board setting forth the reasons justifying the action.
A replat of all or part of a recorded subdivision may not be
made or recorded except after proper court action has been taken to
vacate the original plat or the specific part thereof, provided that
such replat may be made and recorded without taking court action to
vacate the original plat or the specific part thereof when all the
parties in interest in writing agree thereto. The subdivider shall
follow the same procedure for processing a replat as he/she does for
any other preliminary and final plat. The Village will then apply
the applicable provisions of this chapter to the replat.
The owner of the subdivision, the owner of any lot in the subdivision
by tax deed or the County Board if the county has acquired an interest
in the subdivision or in any lot in the subdivision by tax deed may
apply to the Circuit Court for Waukesha County for the vacation or
alteration of all or part of the recorded plat of that subdivision.
The provisions of §§ 236.40, 236.41, 236.42, 236.43,
236.44 and 236.445, Wis. Stats., shall be followed.
Correction instruments approved by the Village Board shall be
recorded with the Register of Deeds as provided by § 236.293,
Wis. Stats.
This chapter and any amendments thereto shall,
after a public hearing, take effect and be in full force and effect
after adoption by the Village Board and posting as provided by law.
Notice of such public hearing shall be given by publication in a newspaper
of general circulation in the Village once a week for three successive
weeks preceding the hearing and by posting in three public places
within the Village at least 10 days prior to the date of such public
hearing.