A.
Where, in the judgment of the Town Board, or 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 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)
Such variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other similar
properties in the vicinity.
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 the Town Zoning Code. 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 Town
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
by the Town.
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 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)
(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)
Assessors' plats made under § 70.27, Wis.
Stats., may be ordered by the Town 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(7)(e)10, 14 and 15, 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.
