The administration and enforcement of this chapter shall be
the responsibility of the Town Board with advice and recommendation
support from the Town Plan Commission and any other technical, legal,
or policy advisor.
When the Board of Appeals finds that extraordinary hardship
or practical difficulties may result from strict compliance with the
purposes and intent of this chapter and may be accomplished to a greater
extent by an alternative proposal, it may approve variances so that
substantial justice may be done and the public interest secured, provided
that such variances shall not have the effect of nullifying the purpose
and intent of the requirements; and further provided that the Board
of Appeals shall not approve a variance unless it shall make findings
based upon the evidence presented to it at a public hearing in each
specific case that:
A.
The granting of a variance will not be detrimental to the public
safety, health or welfare, or injurious to other properties.
B.
The conditions upon which the request is based are unique to the
property for which the variance is sought and are not applicable generally
to other properties.
C.
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,
if the strict letter of the requirement is carried out.
Any person aggrieved by an objection to a plat or failure to
approve a plat may appeal such objection or failure to approve as
provided in § 236.13(5), 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.
All persons performing work, making an application or petition,
or requesting a special meeting under this chapter shall pay a fee
to the Town Treasurer to defray the cost of administration, investigation,
advertising, and processing of permits, applications, petitions and
meetings. The fees are identified in the Town of Holland Fee Schedule,
established by the Town Board. In addition to any other fees, the
Town shall also charge such persons for the actual cost of professional
fees incurred by the Town in investigating and processing permits,
applications and petitions and for the actual cost of publication
fees incurred by the Town for notices required to be published under
this chapter.
It shall be unlawful to build upon, divide, convey, record or
monument any land in violation of this chapter or the Wisconsin Statutes.
No subdivider shall be issued a building permit authorizing the building
on, or improvement of, any major or minor land division or replat
within the jurisdiction of this chapter until the requirements of
this chapter have been fully met. The Town of Holland may institute
appropriate action or proceedings to enjoin violations of this chapter
or the applicable Wisconsin Statutes.
A subdivider who fails to comply with the requirements of this
chapter shall, upon conviction thereof, forfeit not less than $100
nor more than $1,000, plus 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.
