A. 
Plan Commission may waive or modify any requirement. Where, in the judgment of the Plan Commission, it would be inappropriate to apply literally the provisions of Articles X, XI, XII and XIII of this chapter because exceptional or undue hardship would result, the Plan Commission may waive or modify any requirement to the extent deemed just and proper.
B. 
Plan Commission findings of fact and conditions. No variance to the provisions of this chapter shall be granted unless the Plan Commission finds, by the greater weight of the evidence, that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) 
Exceptional circumstances.
(a) 
There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship.
(b) 
Such hardships should not apply generally to other properties or be of such a recurrent nature as to suggest that this chapter should be changed.
(2) 
Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
(3) 
Absence of detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
C. 
Majority vote of Plan Commission required. A majority vote of the entire membership of the Plan Commission shall be required to grant any modification of this chapter.
D. 
Plan Commission may waive the placing of required monuments. The Plan 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 required time limits established by the Village.
A. 
Unlawful to violate chapter. It shall be unlawful to build upon, divide, convey, record or place monuments on 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 of Salem Lakes 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.
B. 
Actions and proceedings to enjoin violations. The Village may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable Wisconsin Statutes.
C. 
Forfeiture and imprisonment. Any person, firm, or corporation who violates or fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $10,000, plus the costs of prosecution, for each offense, and the penalty for default of payment of such forfeiture and costs shall be imprisonment in the county jail until payment thereof, but not exceeding six months.
D. 
Separate offense. Each day a violation exists or continues shall constitute a separate offense.
E. 
Injunctive relief. In addition to the above-described fines, the Village Board or its agent shall have the power to institute appropriate action for injunctive relief to prevent persons, firms, or corporations from acting in violation of the provisions of this chapter.
F. 
Violations and concomitant penalties. Violations and concomitant penalties shall include:
(1) 
Improper recordation. Recordation improperly made carries penalties as provided in § 236.30, Wis. Stats.
(2) 
Conveyance of lots in unrecorded plats. Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31, Wis. Stats.
(3) 
Monuments disturbed or not placed. Monuments disturbed or not placed carries penalties as provided for in § 236.32, Wis. Stats.
G. 
Assessor's plat as remedy. An assessor's plat made under § 70.27, Wis. Stats., may be ordered as a remedy by the Village, at the expense of the subdivider, when a subdivision as defined herein is created by successive divisions.
A. 
Period of time during which an appeal may be filed. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or failure to approve, as provided in § 236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat.
B. 
Failure to approve based on an unsatisfied objection. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action.
C. 
Court may direct approval of plat. 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.
As a condition of the review of a sketch plan or approval of a preliminary plat, final plat, certified survey map, or condominium, the subdivider shall pay the Village of Salem Lakes all fees to the Village Treasurer as required by the Village of Salem Lakes Fee Schedule and at the times specified by the Village of Salem Lakes Fee Schedule before being entitled to recording of a final plat, certified survey map, or condominium. No application filed pursuant to this chapter shall be considered complete unless and until all fees due pursuant to this chapter have been paid. Every approval granted and every permit issued pursuant to this chapter, whether or not expressly so conditioned, shall be deemed to be conditioned upon payment of the required fees. The failure to fully pay any such fee when due shall be grounds for the Village of Salem Lakes to refuse to process, or to continue to process, an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee relates.
[1]
Editor's Note: See Ch. 272, Fees, Art. II, Land Division and Condominium Review Fees.
The subdivider shall transmit all fees required for state agency review to the Village Clerk (or other Village Board authorized agent) at the time of application.
A. 
Applicable review fees to be transmitted to proper state review agency. Said applicable review fees shall be transmitted to the proper state review agency by the Village Clerk (or other Village Board authorized agent).
B. 
Applicability of review fees. Said fees shall be applicable, where appropriate, to review fees required by the Wisconsin Department of Administration, Wisconsin Department of Transportation, Wisconsin Department of Safety and Professional Services and the Wisconsin Department of Natural Resources.