A. 
Where, in the sole judgment of the Town Board, it would be inappropriate to apply literally the provisions of this chapter because exceptional or undue hardship would result, the Town Board may waive or modify any requirements to the extent deemed just and proper by the Town Board.
B. 
Application for any such variance shall be made in writing by the land divider on a form prescribed by the Town. Such application for variance shall be made at the time when the final plat is filed with the Town Clerk 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 Town Board in the analysis and evaluation of the requested variance.
C. 
The Town Board shall not grant variations or exceptions to the regulations and provisions 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 variation 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 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 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 regulations contained in this chapter were strictly enforced.
D. 
The Town Board, if it approves of the request for variance, shall do so by resolution. The Town Clerk shall notify the land divider of the action of the Town Board.
E. 
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 Town in accordance with any Town Master or Land Use Plan or component thereof, this chapter, or Zoning Code of Green County.
F. 
A majority vote of the entire membership of the Town Board shall be required to grant any modification of this chapter. Such vote shall be by roll call of all members, and the reasons for granting or denying the variation shall be entered in the minutes of the Board.
G. 
The Town Board 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 land divider execute a surety bond to insure 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 Town authorizing the building on, or improvement of, any 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 met. The Town 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, forfeit no less than $200 nor more than $2,000 and the costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 90 days. 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 in § 236.31, Wis. Stats.
(4) 
Monuments disturbed or not placed have penalties provided in § 236.32, Wis. Stats.
(5) 
Assessor's plat made under § 70.27, Wis. Stats., may be ordered by the Town at the expense of the land divider when a subdivision is created by successive divisions.
C. 
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, Wis. Stats., within 30 days of notification of 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 the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.
A. 
Annexation. When part of a contiguous parcel of land under the ownership of one entity is annexed to the Village of New Glarus, the number of acres used to calculate the number of available residential building sites is the total number of acres of the contiguous parcel of land under the ownership of one entity after annexation.
B. 
Reverse annexation. When a parcel of land under the ownership of one entity is un-annexed from the Village of New Glarus, the number of acres used to calculate the number of available residential building sites is the total number of acres i`n the un-annexed parcel.
A. 
Access for one lot (a large lot development) is by private drive as defined by the existing Town of New Glarus Driveway Ordinance (Chapter 36).
B. 
Access to two to four lots can be served by a private drive as defined by existing driveway standards; however, enough land must be designated on either side of the drive to accommodate the current width standard for a Town road right-of-way (ROW equals 66 feet) in the event of future residential development.
C. 
Access to five or more lots, the private road must be built to current Town road standards (Chapter 75) but those private roads will not necessarily be accepted by the Town for public dedication.
D. 
Commercial, industrial and municipal use enterprises along a private road should be counted the same as a residence for the purposes outlined above.
[Amended 4-12-2023 by Ord. No. 2023-02]
E. 
All private roads shall have a shared driveway agreement recorded with the Register of Deeds of Green County, Wisconsin and as approved by the Town of New Glarus Board.