A. 
This chapter was adopted under the statutory authority granted pursuant to the village powers of the Town of Buchanan, §§ 60.10(2)(c), 60.22(3), 61.34(1), 236.03, and 236.45, Wis. Stats. This chapter was adopted by the Town Board after its receipt of a formal recommendation of this ordinance on November 10, 2008, from the plan commission under §§ 61.35, 62.23 and 236.45(2), Wis. Stats, which for the Town of Buchanan is the Town of Buchanan Plan Commission.
B. 
This chapter shall be interpreted and enforced by the Town Board, Town of Buchanan.
The Town Board, by this chapter, adopted on proper notice with a quorum and roll call vote by a majority of the Town Board present and voting, provides the authority for the Town Board to regulate and approve certain land divisions and certified surveys in the Town of Buchanan. Pursuant to § 236.45(4), Wis. Stats., a public hearing was held before the adoption of this chapter, and notice of the hearing was given by publication of a Class 2 notice, under Ch. 985, Wis. Stats.
This chapter shall be known and cited as the "Land Division and Subdivision Regulations, Town of Buchanan, Outagamie County, Wisconsin."
The purpose of this chapter is to promote the public health, safety and general welfare of the Town of Buchanan, and to:
A. 
Preserve the rural character, scenic vistas, and natural beauty of the Town;
B. 
Supplement county, state, and federal land division controls;
C. 
Encourage the most appropriate use of the land throughout the Town;
D. 
Minimize the impact to the public resulting from the division of large tracts into smaller parcels of land in the Town;
E. 
Provide the best possible environment for living in the Town;
F. 
Enforce the goals and policies set forth in any Town of Buchanan Comprehensive Plan;
G. 
Avoid congestion and provide adequate ingress and egress on the streets and highways to ensure that the design of the street system will not have a negative long-term effect on neighborhood quality, traffic flow, and safety in the Town;
H. 
Realize goals, objectives, policies, and development standards set forth in plans, codes, and ordinances adopted by the Town;
I. 
Further the orderly layout and use of land;
J. 
Secure safety from fire, panic and other dangers;
K. 
Provide adequate light and air; to prevent the overcrowding of land;
L. 
Require conservation subdivision design as the exclusive means for residential subdivision development within the Transitional Residential District, as defined and depicted in the Town of Buchanan Comprehensive Plan;
M. 
Require conservation design for all certified survey maps within the Transitional Residential District, as defined and depicted in the Town of Buchanan Comprehensive Plan;
N. 
Encourage conservation design for all certified survey maps, subdivisions, and multifamily housing development outside of the Transitional Residential District, as defined and depicted in the Town of Buchanan Comprehensive Plan;
O. 
Conserve the value of prime agricultural soils;
P. 
Protect and preserve natural resources, wildlife habitat, and open space to the greatest degree possible;
Q. 
Facilitate the division of larger parcels into smaller parcels of land;
R. 
Provide for administration and enforcement of this chapter by the Plan Commission and Town Board; and
S. 
Ensure that residential development in the Town occurs in an orderly manner and is consistent with the Town of Buchanan Comprehensive Plan.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall govern.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
A. 
When the Plan Commission finds that injustice or hardship will result from strict compliance with this chapter, it may allow divergence from the terms hereof to the extent deemed necessary and proper to grant relief, provided that the variance meets all the following standards:
(1) 
The variance is due to the unique physical features of the site;
(2) 
The variance is the minimum deviation from the terms of this chapter necessary to mitigate the injustice or hardship; and
(3) 
The variance is not detrimental to the public interest and is in keeping with the general spirit and intent of this chapter.
B. 
Application for any variance shall be made in writing by the subdivider at the time the application is filed for consideration, stating specifically the circumstances upon which the subdivider is relying, the variance requested, and how the request meets the standards set forth above. The request shall be supplemented with maps, plans and other additional data that may aid the Plan Commission in the analysis of the request.
C. 
The Plan Commission, at its discretion, if it determines it necessary for the public good, may conduct a public hearing to permit parties of interest to comment on the variance request.
D. 
If a hearing is determined necessary, the applicant shall be responsible for payment of a hearing fee as established by the Town of Buchanan Fees and Licenses Schedule.[1] The Plan Commission shall then fix a reasonable time and place for the hearing. Notice of the time and place of such hearing shall be given by publication in the Class 1 notice, under Ch. 985, Wis. Stats. A copy of such notice shall be mailed by first class mail with an affidavit of mailing at least 10 days prior to the date of such hearing to all property owners within 300 feet if located within the Darboy Sanitary District or 500 feet if located outside of the sanitary district.
[1]
Editor's Note: The Fees and Licenses Schedule is on file in the Town Administrator's office.
E. 
A majority vote of the entire membership of the Plan Commission shall be required to grant any variance to these regulations, and any variance thus granted shall be entered in the minutes of the Plan Commission setting forth the reasons which, in the opinion of the Plan Commission, justified the variance.