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Town of Koshkonong, WI
Jefferson County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
A. 
Where, in the judgment of the Town Board, on the recommendation of the Plan Commission, 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. 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 Plan Commission and Town Board in the analysis of the proposed project.
B. 
The Plan Commission shall not recommend nor shall the Town Board grant variations 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.
C. 
Any recommendations by the Plan Commission shall be transmitted to the Town Board. The Town Board, if it approves of the variance, shall do so by motion or resolution and instruct the Town Clerk to notify the Plan Commission and the subdivider.
D. 
Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the Town in accordance with any Town Comprehensive Plan or component thereof, this chapter, or Zoning Code of Jefferson County. A majority vote of the entire membership of the Town Board shall be required to grant any modification of this chapter, and the reasons shall be entered in the minutes of the Board.
E. 
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 subdivider 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 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 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 fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-3, General penalty. Each day a violation exists or continues shall constitute a separate offense.
[Amended 3-13-2019 by Ord. No. 1]
(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 Wis. Stats. may be ordered by the Town 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(7)(e)10, 14 and 15 of the 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.