A.Â
Where, in the judgment of the Village Board, on the recommendation
of the Plan Commission, it would be inappropriate to apply literally
the provisions of this chapter because exceptional or undue hardship
would result, the Village Board may waive or modify any requirements
to the extent deemed just and proper. Application for any such variance
shall be made in writing by the subdivider at the time when the preliminary
plat is filed for consideration, stating fully all facts relied upon
by the petitioner, and shall be supplemented with maps, plans or other
additional data which may aid the Plan Commission and Village Board
in the analysis of the proposed project.
B.Â
The Plan Commission shall not recommend nor shall the Village Board
grant variances or exceptions to the regulations of this chapter unless
it shall make findings based upon the evidence presented to it in
each specific case that:[1]
(1)Â
The granting of the variance will not be detrimental to the public
safety, health or welfare or injurious to other property or improvements
in the neighborhood in which the property is located;
(2)Â
The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not
applicable generally to other property; and
(3)Â
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
financial hardship or self-imposed hardship, if the strict letter
of the regulations were carried out.
C.Â
Any recommendations by the Plan Commission shall be transmitted to
the Village Board. The Village Board, if it approves of the variance,
shall do so by motion or resolution and instruct the Village Clerk
to notify the Plan Commission and the subdivider.
D.Â
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 Village in accordance with any
Village comprehensive plan or component thereof, this chapter, or
the Village Zoning Code. A majority vote of the entire membership
of the Village Board shall be required to grant any modification of
this chapter, and the reasons shall be entered in the minutes of the
Village Board.
E.Â
The Village Board may waive the placing of monuments required under
§ 236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable
time on condition that the subdivider execute a surety bond to insure
the placing of such monuments within the time required.
A.Â
Violations. 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 shall be issued a building permit by the Village
authorizing the building on, or improvement of, any subdivision, land
division or replat with 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.Â
Penalties.
(1)Â
(2)Â
Recordation improperly made has penalties provided in § 236.30,
Wis. Stats.
(3)Â
Conveyance of lots in unrecorded plats has penalties provided for
in § 236.31, Wis. Stats.
(4)Â
Monuments disturbed or not placed have penalties provided for in
§ 236.32, Wis. Stats.
(5)Â
An assessor's plat made under § 70.27, Wis. Stats.,
may be ordered by the Village at the expense of the subdivider when
a subdivision is created by successive divisions.
C.Â
Appeals. Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in §§ 236.13(5)
and 62.23(7)(e)10, 14 and 15, 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.