A. 
Where the subdivider alleges that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, he/she may request a variance from or exception to the regulations so that substantial justice may be done and the public interest secured, provided that such variance or exception shall not have the effect of nullifying the intent and purpose of this chapter. When in the judgment of the Common Council it would be inappropriate to apply literally a provision of this chapter because the subdivision is located outside the corporate limits of the City or because extraordinary hardship would result or because the City deems it to be in the public interest, it may waive or vary such provision so that substantial justice will be done and the public interest secured; provided the requirement of filing and recording the plat shall not be waived. Application for any such variance shall be made in writing by the subdivider to the City Administrator/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 City 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 City Administrator/Clerk-Treasurer may request that the City Engineer, City Attorney or other officials review each situation to insure that the request is consistent with the requirements and standards of this chapter. The City Administrator/Clerk-Treasurer shall refer the matter to the Plan Commission with any written recommendations from City staff. The Plan Commission shall make a determination and convey its decision in writing to the Common Council. 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.
B. 
The Common Council shall not 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) 
Failure to grant the variance 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 variance is based are unique to the property for which the variance 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) 
That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
(5) 
There would be no costs (present or future) to the City resulting from the granting of the variance or exception.
C. 
Any recommendations for variances or exceptions by the Plan Commission must be approved by a minimum of five affirmative Plan Commission member votes and shall be so endorsed by the Secretary and transmitted to the Common Council. The Common Council, if it approves, shall do so by resolution adopted by three-fourths vote and shall instruct the City Administrator/Clerk-Treasurer to notify the Plan Commission 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 Common Council, 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, City Zoning Ordinances,[1] and any City Comprehensive Plan.
[1]
Editor's Note: See also Ch. 430, Zoning.
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 City 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 City 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 $500 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 of the Wisconsin Statutes may be ordered by the City at the expense of the subdivider when a subdivision is created by successive divisions.
C. 
Revocation of permits and/or approvals.
(1) 
The City Engineer, Director of Public Works 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 City 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/her contractor has refused to conform after written warning or instruction has been issued to him/her.
(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 City Engineer, Director of Public Works 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 City Engineer, Director of Public Works 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 City Engineer, Director of Public Works 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 City Engineer, Director of Public Works 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 City Administrator/Clerk-Treasurer for consideration by the Common Council 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 a failure to approve a plat may appeal therefrom, as provided in §§ 236.13(5) and 62.23(7)(e)10, 14 and 15 of the Wisconsin Statutes, 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.
Pursuant to § 236.293, Wis. Stats., any restriction placed on platted lands by covenant, grant of easement, land division or consolidation approval, which was required by the City of Princeton 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 Common Council.