A. 
The Town Board shall hear requests for waivers from the literal provisions of this chapter in instances where strict enforcement would be impractical or unduly burdensome because of circumstances unique to the individual property under consideration and only when it is demonstrated by the subdivider/owner that the waiver would be in keeping with the spirit and intent of this chapter. The Town Board may not grant as a waiver any use that is not a permitted use or a special use under the terms of any applicable zoning ordinances.
B. 
In addition to the requirements above, in granting a waiver, the Town Board shall consider all of the following findings:
(1) 
That, because of the particular physical surrounding, shape or topographical conditions of the land or because there are exceptional or extraordinary circumstances or conditions applying to the land or building which do not apply generally to land or buildings in the same zoning classification, the specified parcel of land is unique.
(2) 
That the purpose of the waiver is not based exclusively upon a desire to increase the value of the income potential of the parcel of land.
(3) 
That granting of the waiver is necessary for the preservation and enjoyment of substantial property rights of the subdivider/owner and the alleged uniqueness or special circumstances have not been created by any person having an interest in the parcel of land.
(4) 
That granting of such waiver will not, under the circumstances of this particular case, materially adversely affect the health, safety or general welfare of persons residing or working in the neighborhood of the property and will not, under the circumstances of this particular case, be materially detrimental to neighborhood aesthetics or injurious to the property or improvements of the neighborhood.
(5) 
That a waiver cannot be based on a mere inconvenience, a financial hardship or a self-created hardship for the subdivider/owner if the strict letter of the regulation were carried out.
(6) 
That a waiver shall provide only the minimum relief necessary to alleviate the hardship.
C. 
An application for a waiver shall follow the procedure below:
(1) 
At least 14 days before the Plan Commission meeting where the waiver application will be considered, the Town Plan Commission and the Town Board shall receive the waiver application from the subdivider/owner. The application shall be on a form available in the office of the Town Clerk/Treasurer and the submittals shall include all the appropriate documents and fees.
(2) 
Application materials shall be complete in order to allow the Town Clerk/Treasurer to publish the waiver proposal and to notify all adjoining landowners of the nature of the waiver being considered at least 10 days before the Town Plan Commission meeting at which the waiver proposal will be reviewed.
(3) 
In the case of a new subdivision, the application for waiver shall be filed at or before filing the preliminary plat documents or, if the unique condition is discovered later, at the time of discovery. In the case of building on a single lot after a subdivision is complete, the application for waiver shall be filed at the time of or before the building permit is filed.
(4) 
The application shall fully state all facts relied upon to support the waiver and shall include drawings, studies, plans or other information that will aid the Plan Commission and Town Board in reviewing the decision.
(5) 
The Town Board shall review and approve or disapprove the application within 60 days of receipt based on compliance with this chapter and any other relevant St. Joseph Town Codes.
D. 
The decision by the Town Board regarding the waiver shall follow the procedure below:
(1) 
The decision shall be in writing and explain the reasons for the decision.
(2) 
The decision shall receive the appropriate signatures and attachments from the Town Clerk/Treasurer and be filed with the County Zoning Administrator.
(3) 
A copy of the decision shall be provided to the subdivider/owner.
E. 
The requirement of filing and recording a plat or certified survey map for subdivision shall not be waived.
A. 
In addition to any other remedies provided by law, default by a subdivider/owner in any terms, conditions, or obligations of a developer's agreement shall be grounds for suspension or withholding of all permits, licenses occupancy certificates, or any other authorizations or approvals issued by the Town in connection with the property being developed or any portion thereof.
B. 
A developer's unilateral material change, without Town approval, of any portion of a homeowners' association governing document, restrictive covenants or any binding requirement of future homeowners that has the potential to adversely affect current lot owners other than the developer shall constitute grounds for the Town to not issue further building permits in the subdivision affected until what was changed has been restored.
C. 
Anyone causing a final plat or certified survey map to be recorded without first submitting it to the Town for approval, and either executing a developer's agreement, or being relieved of that requirement, or anyone who offers or contracts to convey, or conveys, any real estate located in the Town using a plat or CSM-based description and knowing that the final plat or certified survey map thereof has not been recorded, unless said offer is contingent upon final plat/CSM approval, shall pay a forfeiture of not more than $500. Each day of noncompliance constitutes a separate offense. Noncompliance with this chapter shall also constitute grounds for an injunction or other appropriate action or proceeding to stop a violation of any provision of this chapter. These penalties are in addition to any other penalties provided by law.
D. 
Any activity which fails to satisfy the standards of this chapter shall be a violation of the chapter, regardless of whether knowledge of intent to violate was present, and shall subject the party or parties who were responsible for noncompliance or who aided or abetted the noncompliance to an injunction action which demands that the condition constituting the violation be ceased or cured and that remedial actions to achieve compliance be undertaken and/or to forfeiture in an amount of not less than $500 nor more than $5,000. Each day during which such violation exists is a separate offense. In addition, the Town Board may order an Assessor's plat pursuant to the provisions of § 70.27, Wis. Stats., whenever the conditions specified in that section are found to exist.
If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby.