A.
Where the subdivider alleges that extraordinary hardships or particular
difficulties may result from strict compliance with these regulations,
he may request variations or exceptions to the regulations 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 Village Clerk-Treasurer
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 Village 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 Village Clerk-Treasurer may request that the Village
Engineer, Village Attorney or other officials review each situation
to insure 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 Village 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 Village resulting
from the granting of the variance or exception.
C.
The Village Board, if it grants a variance, shall do so by resolution
adopted by majority vote and shall instruct the Village Clerk-Treasurer
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 Village Board shall find that the proposed development is fully consistent with the purpose and intent of this chapter, Chapter 440, Zoning, and any Village 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 Village
authorizing the building on, or improvement of, any subdivision, land
division, certified survey, 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 Village 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, forfeit no less than
$100 nor more than $1,000 and 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 of the Wisconsin
Statutes may be ordered by the Village at the expense of the subdivider
when a subdivision is created by successive divisions.
C.
Revocation of permits and/or approvals.
(1)
The Village Engineer, Director of Public Works 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 Village 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 Village Engineer, Director of
Public Works 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 Village Engineer, Director of Public
Works or Building Inspector for the use of all materials, equipment,
methods of construction, devices or appliances.
(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 Village Engineer, Director of Public Works 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 Village Engineer, Director
of Public Works 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 Village Clerk-Treasurer for
consideration by the Village 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 of the Wisconsin Statutes, 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 insure
the health, safety, morale, comfort, prosperity and general welfare
of the Village of Clyman. This section shall not be interpreted as
placing any responsibility or liability on any Village official, Village
employee, or the Village 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 Village 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 Village 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 Village Board.
