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 chapter 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 Town Clerk 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
Town 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 Town Clerk may request that the Town Engineer, Town
Attorney or other officials review each situation to ensure that the
request is consistent with the requirements and standards of this
chapter. 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.
B.
The Town 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 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)
There would be no costs (present or future) to the Town resulting
from the granting of the variance or exception.
C.
The Town Board, if it grants a variance, shall do so by resolution
adopted by majority vote and shall instruct the Town Clerk to notify
the applicant.
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 Town Board shall find that the proposed
development is fully consistent with the purpose and intent of this
chapter, Town zoning ordinances, and the Town 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 Town
authorizing the building on or improvement of any subdivision, land
division, certified survey, 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.
The Town 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 fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-1 of this Code plus the costs of prosecution for each violation. Each day a violation exists or continues shall constitute a separate offense.[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)
Assessor's plat made under § 70.27, Wis. Stats., may be
ordered by the Town at the expense of the subdivider when a subdivision
is created by successive divisions.
C.
Revocation of permits and/or approvals.
(1)
The Town Engineer 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 Town 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 Town Engineer 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 Town Engineer or Building Inspector
for the use of all materials, equipment, methods of construction,
devices or appliances.
(g)
Whenever there are unpaid Town costs incurred in enforcing ordinances
or development regulations on any land/property within the scope of
the land division. This includes outstanding balances on application
or review fees.
(2)
The notice revoking a permit or approval shall be in writing and
may be served upon the applicant of 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 Town Engineer 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 Town Engineer 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 Town Clerk for consideration
by the Town 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.
D.
Appeals. Any person aggrieved by an objection to a plat or certified
survey, or a failure to approve a plat or certified survey, 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 or certified survey. 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 may direct that the plat
or certified survey be approved if it finds that the action of the
approving or objecting agency is arbitrary, unreasonable or discriminatory.
A.
The purpose of requiring approvals under this chapter is to ensure
the health, safety, morale, comfort, prosperity and general welfare
of the Town of Pacific. This chapter shall not be interpreted as placing
any responsibility or liability on any Town official, Town employee,
or the Town 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 Town 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,
certified survey, or consolidation approval which was required by
the Town 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 Town Board.