A.
Where the subdivider alleges that extraordinary hardships
or particular difficulties may result from strict compliance with
this chapter, he may request variations or exceptions to the regulations
so that substantial justice may be done and the public interest secured,
provided that such variation or exception shall not have the effect
of nullifying the intent and purpose of this chapter. Application
for any such variance shall be made in writing by the subdivider to
the Village Clerk-Treasurer at the time when the preliminary plat
or certified survey 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 Village officials
in the analysis of the proposed project. The plans for such development
shall include such covenants, restrictions or other legal provisions
necessary to guarantee the full achievement of the plan. The Village
Clerk-Treasurer may request that the Village Engineer, Village Attorney
or other officials review each situation to ensure that the request
is consistent with the requirements and standards of this chapter.
The Village Clerk-Treasurer shall refer the matter to the Plan Commission
with a written report and recommendation from Village staff. The previous
granting of variances or exceptions in the same or similar circumstances
shall not of itself constitute grounds for the granting of a variance
or exception, nor shall strictly financial rationale. A variance application
fee as set by the Village Board shall be charged.
B.
The Village Board shall not 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)
Failure to grant the variation may 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 subdivider would result, as distinguished from a mere
inconvenience, financial hardship or self-imposed hardship, if the
strict letter of the regulations were carried out.[1]
(4)
There would be no costs (present or future) to the
Village resulting from the granting of the variance or exception.
C.
Any recommendations for variances or exceptions by
the Plan Commission must be approved by a three-fourths majority vote
of the Plan Commission and shall be so endorsed by the Secretary and
transmitted to the Village Board. The Village Board, if it approves,
shall do so by resolution adopted by three-fourths vote and shall
instruct the Village Clerk-Treasurer to notify the Plan Commission
and the subdivider.
D.
Variances from the strict application of this chapter
may also be granted in accordance with this chapter in the case of
planned unit developments, provided the Village Board, upon review
and recommendations from the Plan Commission, shall find that the
proposed development is fully consistent with the purpose and intent
of this chapter, Village zoning ordinances, and any Village Comprehensive
Plan.
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 Village 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 Village 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 $50 nor more than $500 and the costs
of prosecution for each violation. 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 for in § 236.31, Wis. Stats.
(4)
Monuments disturbed or not placed have penalties as
provided for in § 236.32, Wis. Stats.
(5)
An Assessor's plat made under § 70.27, Wis.
Stats., may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Revocation of permits and/or approvals.
(1)
The Village Engineer, Director of Public Works or
Building Inspector may revoke or suspend any permit or approval issued
under the regulations of this chapter and may stop construction or
use of approved materials, equipment, methods of construction, devices
or appliances for any of the following reasons:
(a)
Whenever the Village Engineer shall find at
any time that applicable ordinances, laws, orders, plans and specifications
are not being complied with and that the subdivider or his contractor
has refused to conform after written warning or instruction has been
issued to him.
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit, or of the permit or of
any approval.
(d)
Whenever, in the opinion of the Village Engineer,
Director of Public Works or Building Inspector, the subdivider has
provided inadequate management of the project.
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(f)
Whenever there is a violation of any of the
conditions of an approval or occupancy given by the Village Engineer,
Director of Public Works or Building Inspector for the use of all
materials, equipment, methods of construction, devices or appliances.
(2)
The notice revoking a permit or approval shall be
in writing and may be served upon the applicant for the permit, owner
of the premises and his agent, if any, and/or on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the
premises in question by the Village Engineer, Director of Public Works
or Building Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter
with any construction operation whatsoever on the premises, and the
permit which has been so revoked shall be null and void, and before
any construction or operation is again resumed, a new permit, as required
by this chapter, shall be procured and fees paid therefor, and thereafter
the resumption of any construction or operation shall be in compliance
with the regulation of this chapter. However, such work as the Village
Engineer, Director of Public Works or Building Inspector may order
as a condition precedent to the reissuance of the building permit
may be performed, or such work as he may require for the preservation
of life and safety.
(5)
Any appeals of such revocations or suspensions must
be made in writing and within seven calendar days to the Village Clerk-Treasurer
for consideration by the Village Board at its next regularly scheduled
meeting, provided the appeal is filed not less than seven days prior
to the meeting date.
(6)
The Building Inspector is hereby directed to withhold
the issuance of building permits within the land division until compliance
with the provisions of this chapter is obtained.
(7)
The Building Inspector is hereby directed to withhold
the issuance of occupancy permits within the land division if violations
of this chapter may result in health or safety problems for the occupants.
A.
The purpose of requiring approvals under this chapter
is to ensure the health, safety, morale, comfort, prosperity and general
welfare of the Village of New Glarus. This article shall not be interpreted
as placing any responsibility or liability on any Village official,
Village employee, or the Village as a municipal corporation for the
granting of approval or the denial of any approval. All approvals
rendered as part of this chapter shall be considered as being approved
conditionally based on the information and circumstances apparent
at that time.
B.
Approvals issued by the Village shall not be construed
as an assumption or expression of any responsibility, warranty, or
guarantee for the design or construction of any improvements within
the land division.
Pursuant to § 236.293, Wis. Stats.,
any restriction placed on platted lands by covenant, grant of easement,
land division or consolidation approval which was required by the
Village and which names a public body or public utility as grantee,
promisee or beneficiary vests in the public body or utility the right
to enforce the restriction by law or in equity against anyone who
has interest in the land subject to the restriction. The restriction
may be released or waived by resolution of the Village Board.
