A. 
Where the subdivider alleges that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, he/she may request variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter. Requests for variances shall be heard by the Board of Appeals. Application for any such variance shall be made, in writing, by the subdivider to the Village Clerk-Treasurer at the time when the preliminary plat or certified survey 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 Village officials in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan. The Village Clerk-Treasurer may request that the Village Engineer, Village Attorney or other officials review each situation to ensure that the request is consistent with the requirements and standards of this chapter. The Village Board may make a recommendation to the Board of Appeals. The previous granting of variances or exceptions in the same or similar circumstances shall not of itself constitute grounds for the granting of a variance or exception, nor shall strictly financial rationale.
[Amended 4-6-2022 by Ord. No. 3-2022]
B. 
The Board of Appeals shall not grant 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) 
Failure to grant the variation may 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) 
The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property;
(3) 
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.
(4) 
There would be no costs (present or future) to the Village resulting from the granting of the variance or exception.
C. 
Any recommendations for variances or exceptions by the Village Board must be approved by a majority vote of the Village Board and shall be so endorsed by the Clerk-Treasurer and transmitted to the Board of Appeals. The Board of Appeals, if it approves, shall do so by resolution adopted by majority vote and shall instruct the Village Clerk-Treasurer to notify the Village Board and the subdivider.
D. 
Variances from the strict application of this chapter may also be granted in accordance with this chapter in the case of planned unit developments, provided the Village Board, upon review and recommendations from the Plan Commission, shall find that the proposed development is fully consistent with the purpose and intent of this chapter, Village zoning ordinances, and any Village comprehensive plan.
A. 
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, certified survey, 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 of Argyle may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
B. 
Penalties.
(1) 
Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit no less than $50 nor more than $1,000 and the costs of prosecution for each violation. Each day a violation exists or continues shall constitute a separate offense.
(2) 
Recordation improperly made has penalties provided in § 236.30, Wis. Stats.
(3) 
Conveyance of lots in unrecorded plats has penalties provided for in § 236.31, Wis. Stats.
(4) 
Monuments disturbed or not placed have penalties as provided for in § 236.32, Wis. Stats.
(5) 
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. 
Revocation of permits and/or approvals.
(1) 
The Village Engineer, Village Board or Building Inspector may revoke or suspend any permit or approval issued under the regulations of this chapter and may stop construction or use of approved materials, equipment, methods of construction, devices or appliances for any of the following reasons:
(a) 
Whenever the Village Engineer shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the subdivider or his contractor has refused to conform after written warning or instruction has been issued to him.
(b) 
Whenever the continuance of any construction becomes dangerous to life or property.
(c) 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit or of any approval.
(d) 
Whenever, in the opinion of the Village Engineer, Village Board or Building Inspector, the subdivider has provided inadequate management of the project.
(e) 
Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.
(f) 
Whenever there is a violation of any of the conditions of an approval or occupancy given by the Village Engineer, Village Board or Building Inspector for the use of all materials, equipment, methods of construction, devices or appliances.
(2) 
The notice revoking a permit or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his/her agent, if any, and/or on the person having charge of construction.
(3) 
A revocation placard shall also be posted upon the premises in question by the Village Engineer, Village Board or Building Inspector.
(4) 
After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Village Engineer, Village Board or Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed or such work as he/she may require for the preservation of life and safety.
(5) 
Any appeals of such revocations or suspensions must be made in writing and within seven calendar days to the Village Clerk-Treasurer for consideration by the Board of Appeals at its next regularly scheduled meeting, provided the appeal is filed not less than seven days prior to the meeting date.
(6) 
The Building Inspector is hereby directed to withhold the issuance of building permits within the land division until compliance with the provisions of this chapter is obtained.
(7) 
The Building Inspector is hereby directed to withhold the issuance of occupancy permits within the land division if violations of this chapter may result in health or safety problems for the occupants.
D. 
Appeals. Any person aggrieved by an objection to a plat or certified survey or a failure to approve a plat or certified survey 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 or certified survey. 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 may direct that the plat or certified survey be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.
A. 
The purpose of requiring approvals under this chapter is to ensure the health, safety, morale, comfort, prosperity and general welfare of the Village of Argyle. This article shall not be interpreted as placing any responsibility or liability on any Village official, Village employee, or the Village as a municipal corporation for the granting of approval or the denial of any approval. All approvals rendered as part of this chapter shall be considered as being approved conditionally based on the information and circumstances apparent at that time.
B. 
Approvals issued by the Village shall not be construed as an assumption or expression of any responsibility, warranty or guarantee for the design or construction of any improvements within the land division.
C. 
The Village does not guarantee, warrant or represent that only those areas delineated as floodlands on plats and certified survey maps will be subject to periodic inundation, nor does the Village guarantee, warrant or represent that the soils shown to be unsuited for a given land use from tests required by this chapter are the only unsuited soils within the jurisdiction of this chapter; and thereby asserts that there is no liability on the part of the Village Board, its agencies, or employees for flooding problems, sanitation problems, or structural damages that may occur as a result of reliance upon and conformance with this chapter.
Pursuant to § 236.293, Wis. Stats., any restriction placed on platted lands by covenant, grant of easement, land division, certified survey, or consolidation approval, which was required by the Village and which names a public body or public utility as grantee, promisee or beneficiary, vests in the public body or utility the right to enforce the restriction by law or in equity against anyone who has interest in the land subject to the restriction. The restriction may be released or waived by resolution of the Village Board.