ARTICLE A: INTRODUCTION
Sec. 10-1-1 Authority
The provisions of this Chapter are adopted by the Town of Empire pursuant to the authority granted by Wisconsin Statutes, Sections 59.971 (3), 114, 135, 136, 114.26(2) 144.26(8), 236.45 and 703. The Board of Supervisors of the Town of Empire, Fond du Lac County, Wisconsin does Ordain as follows:
Sec. 10-1-2 Title
This Chapter shall be known as, referred to or cited as the "Land Division Ordinance, Town of Empire".
Sec. 10-1-3 Purpose and Intent
The purpose of this Chapter is to regulate and control the division of land within the limits of the Town of Empire, Fond du Lac County, Wisconsin in order to:
- Promote the public health, safety and general welfare.
- Further the orderly layout and use of land.
- Prevent the overcrowding of land.
- Lessen congestion in the streets and highways.
- Facilitate adequate provisions for water, sewerage and other public requirements.
- Provide for proper ingress and egress.
- Promote proper monumenting of subdivided land and conveyancing by accurate legal description.
Sec. 10-1-4 Abrogation and Greater Restrictions
It is not intended by this Chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, whenever this Chapter imposes greater restrictions, the provisions of this Chapter shall govern.
Sec. 10-1-5 Interpretation
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Town of Empire and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
Sec. 10-1-6 Modification of Regulations
When the Town Board finds that injustice or hardship will result from strict compliance with this chapter, it may allow divergence from the terms hereof to the extent deemed necessary and proper to grant relief, provided that the modification meets all the following standards:
- The necessity for modification is due to the physical features of the site;
- The modification is the minimum deviation from the terms of this chapter necessary to mitigate the injustice or hardship; and
- The modification is not detrimental to the public interest and is in keeping with the general spirit and intent of this chapter.
Application for any modification shall be made in writing by the Subdivider at the time the Preliminary Plat is filed for consideration, stating specifically the circumstances upon which the Subdivider is relying, the modification requested and how the request meets the standards set forth in (1) above. The request shall be supplemented with maps, plans and other additional data that may aid the Town Board in the analysis of the request. The Commission will make recommendations, and the Town Board will address the request as part of the Preliminary Plat application process.
Sec. 10-1-7 Severability
If any provision of this Chapter is invalid or unconstitutional, or if the application of this Chapter to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid or unconstitutional provision or application.
Sec. 10-1-8 Repeal
All other ordinances or parts of ordinances of the Town inconsistent or conflicting with this Chapter, to the extent of the inconsistency only, are hereby repealed.
Sec. 10-1-9 Effective Date
This ordinance shall take effect upon passage and adoption by the Town Board and the filing of proof of posting or publication in the Office of the Town Clerk.