A. 
Where, in the judgment of the Common Council, it would be inappropriate to apply literally the provisions of this chapter because of the proposed subdivision being located outside of the corporate limits or because exceptional or undue hardship would result, the Common Council 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 Common Council 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.
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) 
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) 
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, if the strict letter of the regulations were carried out.
C. 
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 community in accordance with the Comprehensive Plan or Zoning Code, if applicable, of the City. A majority vote of the entire membership of the Common Council shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Council.
D. 
The Common Council 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 ensure the placing of such monuments within the time required.
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 or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. 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) 
An assessor's plat made under § 70.27, Wis. Stats., may be ordered by the City at the expense of the subdivider when a subdivision is created by successive divisions.
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 to 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.