A. 
Where, in the judgment of the Village Board, 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 Village Board 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 Planning Commission and Village Board in the analysis of the proposed project.
B. 
The Planning Commission shall not recommend and 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:
(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 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.
C. 
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter of the desirable general development of the Village in accordance with any Village Comprehensive Plan or component thereof, this chapter, or the Village Zoning Code. A 2/3 majority vote of the entire membership of the Village Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Village Board.
D. 
The Planning Commission 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 insure the placing of such monuments within the time required by the Village.
E. 
Fee. All variances shall be filed with the Village Clerk and accompanied by payment of the appropriate fee as set forth in the Village Board adopted Schedule of Fees.[1]
[Amended 11-17-2022 by Ord. No. 2022-6]
[1]
Editor's Note: The Schedule of Fees is on file in the Village office.
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, firm or corporation shall be issued a building permit by the Village authorizing the building on, or improvement of, any subdivision, minor 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 of Fredonia 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 $100 nor more than $1,000 and the costs of prosecution for each violation, and in default of payment of such forfeiture costs shall be imprisoned in the County Jail until payment thereof, but not exceeding six months.[1] Each day a violation exists or continues shall constitute a separate offense.
[1]
Editor's Note: See the Village's current Schedule of Forfeitures.
(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 as a remedy at the expense of the subdivider 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(5) and (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.