Land Division Ordinance
  
ARTICLE B:  GENERAL PROVISIONS
Sec. 10-1-10 Jurisdiction
The jurisdiction of this Chapter shall include all lands within the Town of Empire, Wisconsin. However, in no instance shall the provisions of this Chapter apply to:
  1. Transfers of interest in land by will or pursuant to court order.
  2. Leases for a term not to exceed 10 years, mortgages or easements.
  3. Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the resultant lots are not reduced below the minimum size required by these regulations, the Town of Empire Zoning Ordinance or other applicable laws or ordinances. For the purpose of this section, an additional lot is deemed to be created if the parcel being sold or created is not combined with the adjoining parcel by means of a new legal description in accordance with Wisconsin Statutes, Section 20.07.

Sec. 10-1-11 Compliance
No person, firm, or corporation shall divide any land located within the jurisdictional limits of these regulations which results in a land division as defined herein; no such land division shall be entitled to record; and no improvements shall be made to the land without compliance with all the requirements of this Chapter and:

  1. Duly approved Town of Empire Zoning, Town of Empire Sanitary Districts and Private Sewerage System Ordinances.
  2. Fond du Lac County Highway Access Control Ordinance.
  3. All applicable local ordinances.
  4. Provisions of Wisconsin Statutes, Section 236.
  5. Comprehensive plans adopted by state, regional, county or adjacent municipal agencies.
  6. Other applicable federal and state laws and regulations including but not limited to:
    1. Wisconsin Department of Workforce Development regulations monitoring lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
    2. Wisconsin Department of Transportation regulations, as contained in Wisconsin Administrative Code HY 33, relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the Subdivider abuts a state trunk highway or connecting street.
    3. Wisconsin Department of Natural Resources regulations setting water quality standards for preventing and abating pollution and for monitoring development within floodland, wetland and shoreland areas.
    4. Wisconsin Administrative Code regulations.
    5. U.S. Army Corps of Engineers and U.S. Environmental Protection Agency regulations.
    6. Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities as documented in the Federal Register, Volume 56, Number 144, July 26, 1991.

Sec. 10-1-12 Land Suitability
No land shall be divided which is held unsuitable for any proposed use by the Town of Empire Planning Commission (hereafter referred to as Commission) for reason of flooding, inadequate drainage, soil and rock formations with severe limitations of redevelopment, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of current and future residents of the proposed subdivision or of the Town. In addition:

  1. No lot served by public sanitary sewer facilities shall have less than fifty (50) percent of its required lot area below an elevation at least two (2) feet above the elevation of the 100-Year recurrence interval floodplain.
  2. No lot one (1) acre or less in area served by an on-site sanitary sewage disposal (septic tank) system shall include floodlands.
  3. All lots more than one (1) acre in area served by an on-site sanitary sewage disposal (septic tank) system shall contain not less than forty thousand (40,000) square feet of land which is at least two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above the maximum flood of record.
  4. Lands made, altered or filled with non-earth materials within the preceding twenty (20) years shall not be divided into building sites which are to be served by on-site soil absorption sanitary sewage disposal systems.
  5. Each lot shall have a continuous area of at least three thousand (3,000) square feet which has ground slopes not exceeding fifteen (15) percent.
  6. Each lot or dwelling unit shall be capable of meeting the requirements of the Fond du Lac County Sanitary Code and the Wisconsin Administrative Code regarding the construction of on-site sewage disposal systems.
  7. The Plan Commission, in applying the provisions of this Section, shall in writing recite the particular facts upon which it bases its conclusion that the land is unsuitable for residential use and afford the Subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he/she so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.

Sec. 10-1-13 Private Recreation and Open Space Lands

  1. Declaration of Covenants and Deed Restrictions Required for Lands Designated as Private Recreation and Open Space Lands. For lands designated by a Subdivision, Certified Survey Map or Condominium to be set aside for private recreation and/or open space use and owned and maintained by a homeowner or condominium association, the Subdivider and Condominium Developer (as applicable) shall file a declaration of covenants and deed restrictions, pursuant to the requirements of Sec. 10-1-21(9) of this Chapter, that will govern said homeowner or condominium association with the Preliminary Plat or Certified Survey Map.
  2. Minimum Required Provisions of Declaration of Covenants and Deed Restrictions for Private Recreation and Open Space Lands. The provisions of said declaration of covenants and deed restrictions shall incorporate the requirement that a Wisconsin non-profit membership corporation be formed for the purpose of maintaining, improving, policing and preserving property(s) in which its members shall have common rights of usage and enjoyment by virtue of their ownership of lots in the Subdivision, Certified Survey Map, or Condominium and shall further include the requirements:
    1. That the corporation be established before any lots, building sites or units are sold.
    2. That membership in the corporation be mandatory and automatic upon the purchase of a lot, building site or unit.
    3. The recreation and/or open space restrictions must be perpetual and not just for a period of years.
    4. That title to the private recreational areas or facilities be transferred to the corporation.
    5. That the corporation be responsible for liability insurance, property taxes and all maintenance and improvements of recreational and/or open space areas.
    6. That the corporation have the powers granted by Wisconsin Statutes, Sections 779.70(1) or 703.15(3), as applicable and in particular to levy assessments upon all properties in the Subdivision, Certified Survey Map, or Condominium for the purposes specified therein.

Sec. 10-1-14 through Sec. 10-1-19 Reserved for Future Use.

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