A.
Plan Commission may vary or modify any requirement. Where, in the
judgment of the Plan Commission, it would be inappropriate to apply
literally the provisions of this chapter because exceptional or undue
hardship would result, the Plan Commission may vary or modify any
requirement to the extent deemed just and proper.
[Amended 11-30-1995 by Ord. No. 95-03]
B.
Plan Commission findings of fact and conditions. No variance to the
provisions of this chapter shall be granted unless the Plan Commission
finds by the greater weight of the evidence that all the following
facts and conditions exist and so indicates in the minutes of its
proceedings:
(1)
Exceptional circumstances.
(a)
There are exceptional, extraordinary, or unusual circumstances
or conditions where a literal enforcement of the requirements of this
chapter would result in severe hardship.
(b)
Such hardships should not apply generally to other properties
or be of such a recurrent nature as to suggest that this chapter should
be changed.
(2)
Preservation of property rights. Such variance is necessary for the
preservation and enjoyment of substantial property rights possessed
by other properties in the same vicinity.
(3)
Absence of detriment. The variance will not create substantial detriment
to adjacent property and will not materially impair or be contrary
to the purpose and spirit of this chapter or the public interest.
C.
Majority vote of Plan Commission required. A majority vote of the entire membership of the Plan Commission shall be required to grant any modification of this chapter as specified under Subsection A of this section.
D.
Town Board may waive the placing of required monuments. 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 or condominium developer (as applicable) execute a
surety bond to insure the placing of such monuments within the required
time limits established by the Town.
A.
Unlawful to violate chapter. It shall be unlawful to build upon,
divide, convey, record or place monuments on 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 of Barton
authorizing the building on, or improvement of, any subdivision, certified
survey map, condominium or replat within 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.
B.
Actions and proceedings to enjoin violations. The Town Board may
institute appropriate action or proceedings to enjoin violations of
this chapter or the applicable Wisconsin Statutes.
A.
Forfeiture and imprisonment. Any person, firm, or corporation who
violates or fails to comply with the provisions of this chapter shall,
upon conviction thereof, forfeit not less than $100 nor more than
$10,000, plus the costs of prosecution, for each offense. The penalty
for default of payment of such forfeiture and costs shall be imprisonment
in the county jail until payment thereof, but not exceeding six months.
B.
Separate offense. Each day a violation exists or continues shall
constitute a separate offense.
C.
Injunctive relief. In addition to the above-described fines, the
Town Board or its agent shall have the power to institute appropriate
action for injunctive relief to prevent persons, firms, or corporations
from acting in violation of the provision of this chapter.
D.
Violations and concomitant penalties. Violations and concomitant
penalties shall include:
(1)
Improper recordation. Recordation improperly made carries penalties
as provided in § 236.30, Wis. Stats.
(2)
Conveyance of lots in unrecorded plats. Conveyance of lots in unrecorded
plats carries penalties as provided for in § 236.31, Wis.
Stats.
(3)
Monuments disturbed or not placed. Monuments disturbed or not placed
carries penalties as provided for in § 236.32, Wis. Stats.
E.
Assessor's plat as remedy. An assessor's plat made under § 70.27,
Wis. Stats., may be ordered as a remedy by the Town, at the expense
of the subdivider or condominium developer (as applicable), when a
subdivision as defined herein is created by successive divisions.
A.
Period of time during which an appeal may be filed. Any person aggrieved
by an objection to a plat or a failure to approve a plat may appeal
such objection or failure to approve as provided in § 236.13(5),
Wis. Stats., within 30 days of notification of the rejection of the
plat.
B.
Failure to approve based on an unsatisfied objection. Where failure
to approve is based on an unsatisfied objection, the agency making
the objection shall be made a party to the action.
C.
Court may direct approval of plat. 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.
As a condition of the approval of a preliminary plat, final
plat, certified survey map, or condominium, the subdivider or condominium
developer (as applicable) shall pay the Town of Barton all fees to
the Town Treasurer as required by Town of Barton Fee Schedule, as
amended, and at the times specified by the Town of Barton Fee Schedule,
as amended, before being entitled to recording of a final plat, certified
survey map, or condominium. No application filed pursuant to this
chapter shall be considered complete unless and until all fees due
pursuant to this chapter have been paid. Every approval granted and
every permit issued pursuant to this chapter, whether or not expressly
so conditioned, shall be deemed to be conditioned upon payment of
the required fees. The failure to fully pay any such fee when due
shall be grounds for the Town of Barton to refuse to process or to
continue to process an application and for denying or revoking any
permit or approval sought or issued with respect to the land or development
to which the unpaid fee relates.
The subdivider or condominium developer (as applicable) shall
transmit all fees required for state agency review to the Town Clerk
(or other Town Board authorized agent) at the time of application.
A.
Applicable review fees to be transmitted to proper state review agency.
Said applicable review fees shall be transmitted to the proper state
review agency by the Town Clerk (or other Town Board authorized agent).
B.
Applicability of review fees. Said fees shall be applicable, where
appropriate, to review fees required by the Wisconsin Department of
Administration; Wisconsin Department of Transportation; Wisconsin
Department of Safety and Professional Services; Wisconsin Department
of Natural Resources; Washington County; and the City of West Bend
(as applicable).[1]
