A. 
Where the subdivider alleges that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, he/she may request variances or exceptions 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. 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 Clerk-Treasurer shall refer the matter to the Plan Commission with a written report and recommendations from the Village staff. The Plan Commission shall make a recommendation to the Village Board. 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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:[2]
(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) 
There would be no costs, present or future, to the Village resulting from the granting of the variance or exception.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A variance may be granted by the Village Board, upon receiving a positive recommendation of the Plan Commission, to permit a parcel to be created by a proposed land division in the extraterritorial jurisdiction when it is shown that the application satisfies the following standards:
(1) 
A finding of fact must be made that the purpose of the proposed parcel is to be a lot for a dwelling unit which is to be occupied by a person who, or a family at least one member of which, earns a substantial part of his or her livelihood from farm operations on the parcel, and/or contributes work which is substantially needed in the farm operation, and is the parent or child of the farm operator or the spouse of the farm operator; and
(2) 
A finding of public interest must be made that the proposed parcel and development design are reasonable upon consideration of these factors:
(a) 
The potential for conflict with agricultural use.
(b) 
The need of the proposed development for a location in an agricultural area.
(c) 
The availability of alternative locations.
(d) 
Compatibility with existing or permitted development on adjacent lands.
(e) 
The productivity of the lands involved.
(f) 
The location of the proposed development so as to reduce to a minimum the amount of productive agricultural land converted.
(g) 
The need for public services created by the proposed development.
(h) 
The availability of adequate public services and the ability of affected local units of government to provide them without a reasonable burden.
(i) 
The effect of the proposed development on water or air pollution, soil erosion, and rare or irreplaceable natural resources.
D. 
Any recommendations for variances or exceptions by the Plan Commission must be approved by a majority vote of the Plan Commission and shall be so endorsed by the Secretary and transmitted to the Village Board. The Village Board, if it approves, shall do so by resolution adopted by majority vote and shall instruct the Village Clerk-Treasurer to notify the Plan Commission and the subdivider.
E. 
Variances from the strict application of this chapter may also be granted in accordance with this chapter in the case of planned developments, provided that 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, Chapter 510, Zoning, and the 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 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 or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as prescribed in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Recording improperly 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, 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 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/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 provision of the application for permit, or of the permit or of any approval.
(d) 
Whenever, in the opinion of the Village 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 permit given by the Village Engineer, Director of Public Works or Building Inspector for the use of all materials, equipment, methods of construction, devices or appliances.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The notice revoking a permit or approval shall be in writing and may be served upon the applicant for 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, Director of Public Works, or Building Inspector.
(4) 
After the notice is served upon the person 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, 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 Village Board at its next regularly scheduled meeting, provided that 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), 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 East Troy. This chapter 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 upon 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.
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.