Land Division Ordinance
  
ARTICLE G:  DEDICATIONS AND IMPROVEMENTS
Sec. 10-1-90 Surface Water Drainage Restrictions
To the extent practical, no drainageway contained within a drainage easement shall be disturbed, except as provided in Sec. 20.59(3), in accordance with the following:
  1. All buildings and structures shall be set back at least twenty-five (25) feet from the landward edge of nonnavigable streams, drainageways and wetlands. Roadways, recreational trails and pedestrian walkways shall be permitted to cross nonnavigable streams and drainageways provided such construction allows for the free passage of waters and that runoff is controlled so as to prevent erosion and transport of sediment and pollutants to nearby waters.
  2. No artificial obstruction may be constructed, planted or maintained within any man-made or natural drainageway so that such obstructions impede the natural flow of water and/or diminishes the natural aesthetic quality of the drainageway.
  3. Lot boundaries shall be made to coincide with new and/or preexisting man-made and natural drainageways to avoid the creation of lots that can be built upon by altering such drainageways.
  4. Exceptions. Surface water shall not be regarded as unduly retained or diverted if:
    1. The retention or diversion results from a technique, practice, or device deliberately installed as part of an approved sedimentation or storm water runoff control plan.
    2. The retention or diversion is not substantially different in location or degree than that experienced by the development site in its predevelop-ment state, unless such retention presents a danger to health or safety.
    3. The retention or diversion results from the actions of natural obstructions, whereby maintenance shall be performed by the property owner as described in Sec. 20.58(11).
    4. The retention or diversion has been allowed or required by the Town of Empire Planning Commission, and noted on the approved drainage plan.

Sec. 10-1-91 Dedication and Reservations of Land

Whenever a tract of land to be divided embraces all or any part of a street, the adopted regional, County, and Town of Empire land use plans, or adopted plan components, such public way shall be made a part of the plat and either dedicated or reserved by the applicant in the locations and dimensions indicated on such plan.

Whenever a proposed park, playground, public access, open space site or other public land, other than streets or drainageways, designated in the adopted regional, County and Town of Empire land use plan components is embraced, all or in part, in a tract of land to be divided, such proposed public lands shall be made a part of the plat and shall either be dedicated to the public or reserved for acquisition at undeveloped land costs for a period not to exceed three years between the applicant and the public agency having jurisdiction. If the reserved land is to acquired by such public agency within the above time limit, the land shall be released to the owner.

Sec. 10-1-92 Improvements

  1. No construction or installation of improvements shall commence in a proposed subdivision until the final plat has been approved by the Town Planning Commission.
  2. Before recording the final plat with the County Register of Deeds, the applicant shall enter into a contract or other arrangement agreeable with the Town of Empire agreeing to install all required public improvements and shall file with such contract a surety bond or other satisfactory security meeting the approval of the Town of Empire Board as a guarantee that such improvements will be completed by the Subdivider or his subcontractors within the time limit established by the Town of Empire Board.

Sec. 10-1-93 Plans
The following plans and accompanying construction specifications may be required by the Town of Empire Board before authorization of construction or installation of improvements:

  1. Street plans and profiles showing existing and proposed grades, elevations and cross sections of required improvements.
  2. Installation of street signs meeting the approval of the Town of Empire Board at all intersections.
  3. Sanitary sewer plans and profiles showing the locations, grade, sizes, elevations and materials or required facilities.
  4. Surface water drainage facilities, which may include curb and gutters, catch-basins and inlets, road ditches and open channels, as may be required to provide adequate surface drainage for the subdivision.
  5. Erosion control plans.

Sec. 10-1-94 Inspection
The applicant prior to commencement of any work within the land division, shall make arrangements with the Town Board to provide for adequate inspection. The Town Board or its agent shall inspect and approve all completed work prior to approval of the final plat or release of the sureties.

Sec. 10-1-95 Public Sanitary Sewerage and Private Sewage Disposal Systems
When public sanitary sewer facilities are available to the subdivision plat, Certified Survey Map or Condominium, the applicant shall construct sanitary sewer facilities in such a manner as to make adequate public sanitary sewer service available to each lot within the subdivision, Certified Survey Map or dwelling unit within a condominium. Where public sanitary sewer facilities are not available, private systems shall be constructed pursuant to applicable regulations of Fond du Lac County and any applicable sanitary district. Private holding tanks are expressly prohibited.

Sec. 10-1-96 Water Supply Facilities
When public water supply facilities are available to the subdivision plat, Certified Survey Map or Condominium, or when it is proposed to establish a private water supply sand distribution system to serve two (2) or more lots or dwelling units, the applicant shall construct water supply facilities in such a manner as to make adequate water service available to each lot within the subdivision, Certified Survey Map or dwelling unit within a condominium. Private water supply systems shall conform to all applicable regulations of the Wisconsin Department of Commerce.

Sec. 10-1-97 through Sec. 10-1-99 Reserved for Future Use.

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