A.
Where the subdivider alleges that extraordinary hardships or particular
difficulties may result from strict compliance with these regulations,
he 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 insure that the request is consistent with the requirements and
standards of this chapter. The Village Clerk-Treasurer shall refer
the matter to the Village Board with a written report and recommendation
from Village staff. 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]
B.
The Village Board 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:[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.
C.
Any variances or exceptions by the Village Board must be approved
by a three-fourths majority vote of the Board.
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 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 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 fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalties as set forth in § 1-4. 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 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 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, 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.
(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 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 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, 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 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 Village Board 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.
A.
The purpose of requiring approvals under this chapter is to insure
the health, safety, morals, comfort, prosperity and general welfare
of the Village of Howards Grove. 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.
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 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.
