Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom as provided in § 62.23(7)(e)10 to 15, Wis. Stats., within 30 days of notification of the rejection of the plat. For the purpose of such appeal the term "Board of Appeals" means an approving authority. Where the 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 authority or objecting agency is arbitrary, unreasonable or discriminatory.
In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause practical difficulty or exceptional and undue hardship, the Village Board may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of this chapter or the desirable general development of the neighborhood and the Village. A three-fourths vote of the entire Village Board shall be required to grant modifications or exceptions to this chapter, and any modification or exception so granted shall be entered in the minutes of the Village Board setting forth the reasons justifying the action.
A replat of all or part of a recorded subdivision may not be made or recorded except after proper court action has been taken to vacate the original plat or the specific part thereof, provided that such replat may be made and recorded without taking court action to vacate the original plat or the specific part thereof when all the parties in interest in writing agree thereto. The subdivider shall follow the same procedure for processing a replat as he/she does for any other preliminary and final plat. The Village will then apply the applicable provisions of this chapter to the replat.
The owner of the subdivision, the owner of any lot in the subdivision by tax deed or the County Board if the county has acquired an interest in the subdivision or in any lot in the subdivision by tax deed may apply to the Circuit Court for Waukesha County for the vacation or alteration of all or part of the recorded plat of that subdivision. The provisions of §§ 236.40, 236.41, 236.42, 236.43, 236.44 and 236.445, Wis. Stats., shall be followed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Correction instruments approved by the Village Board shall be recorded with the Register of Deeds as provided by § 236.293, Wis. Stats.
A. 
Enforcement. The Village may institute injunction or other appropriate action or proceeding to enjoin a violation of this chapter or any provision of Ch. 236, Wis. Stats., adopted by reference.
B. 
Penalties. Except as otherwise expressly provided, any subdivider who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense. In addition, the remedies provided by §§ 236.30 and 236.31, Wis. Stats., shall apply.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This chapter and any amendments thereto shall, after a public hearing, take effect and be in full force and effect after adoption by the Village Board and posting as provided by law. Notice of such public hearing shall be given by publication in a newspaper of general circulation in the Village once a week for three successive weeks preceding the hearing and by posting in three public places within the Village at least 10 days prior to the date of such public hearing.