Land Division Ordinance
  
ARTICLE C:  PLAT REVIEW AND APPROVAL

Sec. 10-1-20 Preliminary Consultation
Prior to filing an application for the approval of a land division, the Subdivider shall consult with all affected utilities, Town of Empire Board and Town of Empire Planning Commission in order to assist the Subdivider in planning the development. This consultation is mandatory and is intended to inform the Subdivider of the purpose and objectives of these regulations; the Town of Empire Comprehensive Plan, Comprehensive Plan components; and the availability of sanitary sewer, stormwater management facilities and site grading requirements. The consultation shall take place prior to all land division reviews and approval, based upon the procedure stated below.

  1. The Subdivider shall prepare a "concept" plan of the proposed land division. The plan should show the basic layout of the streets, lots, open space and any other proposed developments.
  2. The Subdivider shall then contact the Town of Empire Clerk to make an appointment to review the plan with the Town Planning Commission. The Subdivider shall send ten (10) copies of the plan to the Town Clerk as soon as possible after the meeting date has been established to give the Town Planning Commission time to prepare for the meeting.
  3. As soon after the preliminary consultation meeting as is practical, the Town Planning Commission will prepare a written report outlining any of its comments, concerns and/or suggestions. This report will be sent to the Subdivider with copies to go to the Town Board, the adjoining city or village (if in its extraterritorial plat approval jurisdiction) and the regional planning commission.

Sec. 10-1-21 Submission of Preliminary Plat

  1. When Required. When it is proposed to divide land into five (5) or more parcels or building sites, any of which is ten (10) acres each or less in size, the Subdivider shall subdivide by use of a Subdivision Plat. The Subdivision Plat shall include all parcels of land ten (10) acres or less in size and may, at the owner's discretion, include any other parcels containing more than ten (10) acres.
  2. Preliminary Plat Submittal. Prior to submittal of a Final Plat for approval, the Applicant shall prepare a Preliminary Plat in accordance with Section 10-1-21 of this Chapter, and the Applicant shall provide the Town of Empire Planning Commission with ten (10) copies of the preliminary plat together with all necessary fees at least thirty (30) days prior to the meeting of the Planning Commission. The Applicant shall also send two (2) copies to the adjoining city or village, if in its extraterritorial plat approval jurisdiction. It shall be the responsibility of the Applicant to submit the original drawing of preliminary plats to the head of the State Planning Function in accordance with Wisconsin Statutes, Section 236.12(6).
  3. Drafting Standards. The Subdivider shall submit to the Town Clerk and to those agencies having the authority to object to plats under provisions in Wisconsin Statutes, Section 236, copies of a Preliminary Plat or Certified Survey Map based upon an accurate exterior boundary survey by a registered land surveyor which shall show clearly the proposed subdivision at a scale of not more than one (1) inch per one hundred (100) feet having two (2) foot contour intervals, shall identify the improvements (grading, tree planting, paving, installation of facilities and dedications of land), easements which the Subdivider proposes to make and shall indicate by accompanying letter when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted.
  4. Referral to Other Agencies. The Subdivider shall, within two (2) days after filing, transmit four (4) copies to the County Planning Agency, two (2) copies to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, two (2) copies to the Wisconsin Department of Commerce if the subdivision is not served by public sewer and the provision of such service has not been made, two (2) copies to the Wisconsin Department of Natural Resources if shorelands are contained within the proposed subdivision, and an adequate number of copies to the Town Board. The County Planning Agency, Wisconsin Department of Transportation, Department of Commerce and Wisconsin Department of Natural Resources shall hereafter be referred to as Objecting Agencies.
  5. Preliminary Plat Requirements. A preliminary plat shall be based upon a survey by a registered land surveyor and the plat prepared on reproducible material at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information:
    1. Title under which the proposed subdivision is to be recorded.
    2. Legal description and general location of proposed subdivision and relative location to a nearby municipality.
    3. Date, scale and north arrow.
    4. Names and addresses of the owner, subdivider and land surveyor preparing the plat.
    5. Entire area contiguous to the proposed plat owned or controlled by the applicant shall be included on the preliminary plat even though only a portion of such area is proposed for immediate development. The Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this Chapter and undue hardship would result from strict application thereof.
    6. Approximate length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the U.S. Public Land Survey and the total acreage encompassed thereby.
    7. Contours at vertical interval of not more than two (2) feet where the slope of the ground surface is less than twelve (12) percent or more. Elevations shall be marked on such contours based on mean sea level datum or, where in the judgement of the Commission, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used.
    8. Water elevations of adjoining lakes and streams at the date of survey, ordinary high water elevation, and designated floodplains, wetlands, and surface water drainageways regulated under the authority of the Fond du Lac County Shoreland/Wetland Zoning Ordinance and Floodplain Zoning Ordinance and the Town of Empire Zoning Ordinance.
    9. Location right-of-way width and names of all existing and proposed streets, alleys or other public ways, easements, railroads and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.
    10. Location and names of any adjacent subdivisions, parks, schools, and cemeteries and owners of record of abutting unplatted lands.
    11. Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established centerline elevations, all to the datum used for the contours.
    12. Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes, the location of manholes, catch-basins, hydrants, power and telephone poles and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by their directions and distance from the tract, size and invert elevations.
    13. Locations of all existing property boundary lines, structures, drives, streams and water courses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant features within the tract being subdivided or immediately adjacent thereto.
    14. Dimensions of all lots, together with proposed lot and block numbers.
    15. Location and dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainageways or other public use, or which are to be used for group housing, shopping centers, church sites or other nonpublic uses not requiring lotting.
    16. Approximate radii of all curves.
    17. Existing zoning and proposed use on land adjacent to the proposed subdivision.
    18. Corporate limit lines.
    19. Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access.
    20. Any proposed lake and stream improvement or relocation and proposed filling, grading, lagooning and dredging and the notice of application for the State Department of Natural Resources approval, when applicable.
    21. Seasonally wet areas.
  6. Supplementary Data to be Filed with Preliminary Plat. The following shall also be filed with the preliminary plat:
    1. A statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; types of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population; and
    2. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions;
    3. If the Town of Empire Zoning Ordinance requires the installation of landscaping (or the preservation of existing vegetation in lieu of landscaping) a Landscape Plan, as described in Section 10-1-50 of this Ordinance;
    4. When “Critical Areas,” as defined in the Town of Empire Zoning Ordinance, are found on the property, a Critical Areas Protection Plan as described in Section 10-1-40 of this Ordinance;
    5. Where the Subdivider owns property adjacent to that which is being proposed for the subdivision, the Town Board may require that the Subdivider submit a preliminary plat of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.
  7. Street Plans and Profiles. The applicant shall provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, when requested by the Town of Empire Planning Commission, and all elevations, plans and profiles shall meet the approval of the Commission.
  8. Testing. The Town of Empire Planning Commission may require that borings and soundings to be made in designated areas to ascertain subsurface soil, rock and water conditions including the depth to bedrock and the depth to groundwater table. All subdivisions not served by public sanitary sewer service, shall comply with the provisions of Wisconsin Administrative Code, Chapter COMM 85. All appropriate data shall be submitted with the preliminary plat.
  9. Deed Restrictions, Protective Covenants, Conservation Easements, and Homeowners' Association. The following documents shall be submitted with the Preliminary Plat as required:
    1. Declaration of Deed Restrictions and Protective Covenants. The Plan Commission shall require submission of a draft of declaration of deed restrictions and protection covenants whereby the Subdivider or Condominium Developer (as applicable) intends to regulate land use in the proposed Subdivision and otherwise protect the proposed development.
    2. Conservation Easements. The Plan Commission shall, where natural resources are present, require submission of a draft of conservation easements whereby the Subdivider or Condominium Developer (as applicable) intends to regulate the protection of natural resource features in the proposed Subdivision in conjunction with the "Natural Resource Protection Plan."
    3. Wisconsin Non-Profit Membership Corporation (Homeowners' Association). The Plan Commission shall require submission of a draft of the legal instruments and rules for any proposed Wisconsin non-profit membership corporation (homeowners' association), when the Subdivider or Condominium Developer (as applicable) proposes that property within a Subdivision would be either owned or maintained by such an organization of property owners or subunit of the Town pursuant to Wisconsin Statutes, Section 236.293, whereby the Subdivider or Condominium Developer (as applicable) intends to regulate land use in the proposed Subdivision and otherwise protect the proposed development.
    4. Town Attorney Review. The Town Attorney shall review all draft declaration of deed restrictions and protective covenants, conservation easements, and homeowners' associations and shall approve said instruments as to form.
  10. Affidavit. The surveyor preparing the Preliminary Plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he/she has fully complied with the provisions of this Chapter.

Sec. 10-1-22 Preliminary Plat Review and Approval

  1. In order to facilitate public comment, the Subdivider shall provide a list of the names of all property owners within one thousand (1,000) feet of the subject site to the Town Clerk. The Town Clerk shall send said property owners a notice and agenda of the Commission meeting at which the subject site will be addressed. The notice shall be provided no later than ten (10) days prior to the date of such meeting by first class mail with an affidavit of mailing.
  2. The Commission shall conduct such meeting to review the Plat for conformance with this Chapter, the adopted Town of Empire Land Use Plan and all other ordinances, rules, and regulations that affect the Plat. At this meeting the Commission shall permit the public to comment on the proposed plat. Within fifteen (15) days of the public meeting the Commission shall issue a written recommendation to the Town Board recommending approval, conditional approval, or rejection of the Preliminary Plat. If the Commission’s recommendation is to conditionally approve or reject the Preliminary Plat the written recommendation shall specifically state the conditions of approval or the reasons for rejection. The Commission shall transmit the Preliminary Plat and application, along with its written recommendation, to the Town Board.
  3. At the next scheduled meeting of the Town Board after receiving the written recommendation from the Commission, the Town Board shall take action to approve, approve conditionally or reject the Preliminary Plat. In making its decision the Town Board may adopt, modify or reject the recommendation of the Commission in whole or in part. The Town Board, at its discretion, may hear further public comment on the plat. In all cases, the Town Board’s decision shall be issued within ninety (90) days of the date the Preliminary Plat was filed with the Town Clerk, unless the time is extended by agreement with the Subdivider. If the Town Board’s decision is to conditionally approve or reject the Preliminary Plat the decision shall be in writing and shall specifically state the conditions of approval or the reasons for rejection. The Town Clerk shall provide the written decision to the Subdivider along with one copy of the Preliminary Plat with the date and action endorsed thereon.
  4. Approval or conditional approval of a Preliminary Plat by the Town Board does not constitute automatic approval of the Final Plat. Except that if the Final Plat is submitted within six (6) months of Preliminary Plat approval and conforms substantially to the Preliminary Plat layout as indicated in Wisconsin Statutes, Section 236.11(1)(b), the Final Plat shall be entitled to approval with respect to such layout.
  5. Should the Subdivider desire to amend the Preliminary Plat as approved, he/she may resubmit the amended plat which shall follow the same procedure, except for the hearing and the fee, unless the amendment is, in the opinion of the Town Board, of such scope as to constitute a new plat, in which such case it shall be refiled.

Sec. 10-1-23 Final Plat Submittal
The Subdivider/Applicant shall prepare a final plat in accordance with this Chapter.

  1. The Subdivider or Condominium Developer (as applicable) shall prepare a Final Plat and an application in accordance with this Chapter and shall file an adequate number of copies of the Final Plat and the application as set forth below:
    1. Submittal of Final Plat to Department of Agriculture, Trade and Consumer Protection. Before any approvals of the Final Plat are made, the Subdivider or Condominium Developer or Subdivider's or Condominium Developer's agent shall submit the original Final Plat to the Department of Agriculture, Trade and Consumer Protection which shall forward, at the Subdivider's or Condominium Developer's expense, the following:
      1. Two (2) copies to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street.
      2. Two (2) copies to the Wisconsin Department of Commerce if the subdivision is not served by public sewer and provision for such service has not been made.
      3. Two (2) copies to the Wisconsin Department of Natural Resources if shorelands are contained within the proposed subdivision.
    2. Submittal of Final Plat to Town Clerk. After approval by the Department of Agriculture, Trade and Consumer Protection and other state departments, the Subdivider or Condominium Developer shall file at least ten (10) copies of the Final Plat and an application with the Town Clerk along with the proper fees in accordance with Section 10-1-25 of this Chapter, and the receipt of the proper filing fees of each of the other objecting agencies at least fifteen (15) days prior to the meeting of the Town Board at which consideration is desired.
    3. Submittal of Final Plat to Approving Authorities. If the plat is located within the extraterritorial plat approval jurisdiction of the adjoining city or village and it exercises its extraterritorial plat approval authority, the Subdivider or Condominium Developer shall file at least two (2) copies of the Final Plat to this jurisdiction.

Sec. 10-1-24 Final Plat General Requirements
A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of Wisconsin Statutes, Section 236.20. The final plat shall show correctly on its face, in addition to the information required by Wisconsin Statutes, Section 236.20, all lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

  1. Surveying and Monumenting. All final plats shall meet all the surveying and monumenting requirements of Wisconsin Statutes, Section 236.15.
  2. Certificates. All final plats shall provide all the certificates required by Wisconsin Statutes, Section 236.21, and in addition, the surveyor shall certify that he has fully complied with all the provisions of this Chapter and shall provide a certificate for Town Board final approval.

Sec. 10-1-25 Final Plat Review and Approval

  1. The Town Board shall examine the final plat as to its conformance with the approved preliminary plat, any condition of approval of the preliminary plat, this Chapter and all ordinances, rules, regulations and the adopted Town of Empire Land Use Plan or adopted regional plans which may affect the plat. The Town Board shall thereafter issue its final written decision to approve, approve with conditions, or reject the Final Plat. If the plat is approved conditionally or rejected the Town Board shall issue a written decision stating the conditions of approval or the reasons for rejection. If the plat is approved, the Town Board shall not inscribe its approval on the face of the original final plat until the head of the State Planning Function has certified no objections to the plat.
  2. The Town Board’s written decision shall be issued within sixty (60) days of Final Plat submittal, unless the time is extended by agreement with the Subdivider. The Town Clerk shall provide the written decision to the Subdivider along with one copy of the Preliminary Plat with the date and action endorsed thereon.
  3. Engineering Fee. The Subdivider shall pay a fee equal to the actual cost to the Town for all engineering work incurred by the Town in connection with the Subdivision Plat or Certified Survey Map.
  4. Administrative Fee. The Subdivider shall pay a fee equal to the actual cost of all legal, administrative, or fiscal work that may be undertaken by the Town in connection with the Subdivision Plat or Certified Survey Map.
  5. Financial Sureties. Financial sureties furnished to the Town of Empire by Subdividers or Condominium Developers to ensure performance of obligations and guarantees under the terms of this Chapter shall only be in a form which the Town Board deems secure and may include certified checks, corporate bonds, escrow accounts, irrevocable letters of credit in a form approved by the Town Board, or performance bonds.
    1. Determination of Financial Surety Amount. The amount of financial surety shall be one hundred twenty-five (125) percent of the estimated full amount of the obligation being ensured (including the costs of inspection) as estimated by an Engineer or Other Agent appointed by the Town of Empire, nor for less than a period than the work is scheduled to be completed, however, the Town Board shall allow reductions in the amount of the financial surety in proportion to the amounts of the obligations as they are fulfilled.
    2. Disputes Over the Amount of Financial Sureties. In any disputes over the amount of a surety, the estimate prepared by an engineer or other agent appointed by the Town of Empire shall be conclusive.
    3. Criteria for Determining Subdivider's or Condominium Developer's Delinquency in Meeting Requirements. The Town Board shall give notice by registered mail to the Subdivider or Condominium Developer and the Subdivider's or Condominium Developer's surety, of such delinquency, said notice to specify the corrective measures required if the Subdivider or Condominium Developer:
      1. Fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work within the specified time; or
      2. Performs the work unsuitably, as determined by the Town Board; or
      3. Neglects or refuses to supply materials or to perform anew such work as shall be rejected as defective and unsuitable; or
      4. Discontinues the execution of work; or
      5. For any other cause whatsoever does not carry on the work in an approved manner.
    4. Guarantee of Improvements. The Subdivider or Condominium Developer shall guarantee all improvements for a period of one (1) year from the date of the acceptance of improvements by the Town Board. To assure such improvement guarantee, the Subdivider or Condominium Developer shall provide any amount of financial surety (performance bond or letter of credit) not to exceed fifteen (15) percent of the construction value of said improvements.
    5. Town Board Action. After said notice, the Town Board shall call upon the performance guarantee to have the work completed in accordance with the terms of the performance guarantee.
  6. Development Agreement. The Subdivider shall enter into a Development Agreement with the Town Board, as approved by the Town Attorney, that sets forth the mutual obligations of the Town and the Subdivider with respect to the actions required to be taken in connection with the Final Plat.
  7. Partial Platting.
    1. Plat Phasing. The Final Plat may, if permitted by the Plan Commission, be platted as a Final Plat in phases with each phase constituting only that portion of the approved Preliminary Plat which the Subdivider or Condominium Developer proposes to record at that time. It is required that each such phase be platted as a Final Plat and be designated as a "phase" of the approved Preliminary Plat.
    2. Time Extension for Approval of a Final Plat for Portion of Preliminary Plat. Final Plats for only a portion of the Preliminary Plat shall extend approval for the remaining portion of the Preliminary Plat for six (6) months from the date of such Final Plat approval.
  8. Recording of Plats or Certified Surveys. Subdivision Plats and Certified Survey Maps, approved by the Empire Town Board, must be recorded together with the adopting resolution, with the Fond du Lac County Register of Deeds within thirty (30) days of the date of the last resolution of preliminary approval and not later than six (6) months following the date of the first resolution of approval. Land divisions shall not be recognized by the Town until recorded with the Register of Deeds. The volume, page and document numbers of the recording shall be filed with the Town Clerk prior to issuance of any permits. The Subdivider shall file one (1) full-size and one (1) reduced size eight and one-half by eleven (8_ X 11) inch certified copies of the approved land division with the Town Clerk.

Sec. 10-1-26 Replat

  1. When it is proposed to replat a proposed Subdivision, or part thereof, so as to change the boundaries of a recorded Subdivision, or part thereof, the Subdivider or person wishing to replat shall vacate or alter the recorded Plat as provided in Wisconsin Statutes, Section 236.40 through 236.44. The Subdivider, or person wishing to replat, shall then proceed as specified in Section 10-1-21.
  2. The Town Clerk shall schedule a public hearing before the Plan Commission when a Preliminary Plat of a replat of lands within the Town is filed and shall cause notices of the proposed Replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the Replat and to the owners of all properties within two hundred (200) feet of the exterior boundaries of the proposed Replat.

Sec. 10-1-27 Minor Land Division by Certified Survey Map

  1. When Required. When it is proposed to divide land into at least two (2) but not more than four (4) parcels or building sites, any of which is thirty-five (35) acres or less in size, or when it is proposed to create by land division not more than four (4) parcels or building sites within a recorded Subdivision Plat without changing the exterior boundaries of a block, lot or outlot (thus not constituting a subdivision as defined in Section 10-1-21 of this Chapter), the Subdivider shall subdivide by use of a Certified Survey Map. The Certified Survey Map shall include all parcels of land thirty-five (35) acres or less in size and may, at the owner's discretion, include any other parcels containing more than thirty-five (35) acres.
  2. Submittal of a Certified Survey Map. Creation of a minor land division shall be by certified survey map and shall be submitted to the Town of Empire Planning Commission. The certified survey map shall be prepared according to Wisconsin Statutes, Section 236.34, and shall show clearly on its face those items listed under (3) below. In addition, the names of all adjacent landowners shall be listed on a separate sheet submitted with the certified survey map.
  3. A certified survey map shall show clearly on its face the following information:
    1. All existing buildings, setbacks, water courses, drainage ditches, setbacks to structures on adjacent property and other features pertinent to division of property shall be shown.
    2. Location of access to public road.
    3. Date of the map with a graphic scale.
    4. Name and address of the person for whom the survey was made.
    5. An owner's certificate and approval signature of the Town of Empire Chairperson and Clerk after approval by the Town of Empire Town Board, and Treasurer's certificate in accordance with Wisconsin Statutes, Section 236.21(3), shall be the only approvals required for recording unless additional approvals are necessary for dedication purposes.
  4. Testing. The Town of Empire Board may require that borings and soundings to be made in designated areas to ascertain subsurface soil, rock and water conditions including the depth to bedrock and the depth to groundwater table. All subdivisions not served by public sanitary sewer service, shall comply with the provisions of Wisconsin Administrative Code, Chapter COMM 85. All appropriate data shall be submitted with the certified survey map.
  5. Review and Approval. The Town of Empire Board shall, within sixty (60) days of the date of submission unless mutually extended by both parties, review the application and map against the applicable standards of this Chapter, and approve, approve conditionally, or reject the application and map based upon a determination of conformity or non-conformity with the standards.
  6. Development Agreement. When deemed necessary by the Town Board, the Subdivider shall enter into a Development Agreement with the Town Board, as approved by the Town Attorney, that sets forth the mutual obligations of the Town and the Subdivider with respect to the actions required to be taken in connection with the certified survey map.

Sec. 10-1-28 Condominium Plats

  1. General. It is the intent of this section to regulate condominiums as it is related to zoning and for the division of land for the purpose of establishing a condominium plat.
  2. Preliminary Consultation. Prior to submitting an application for approval of a preliminary plat the applicant shall consult with the Town of Empire Planning Commission to become informed of the purpose and objectives of these regulations.
    In order to facilitate the consultation the applicant shall provide a plat plan drawn to reasonable scale depicting the general lot layout, exterior property boundary, roadways, known easements and unique natural features.

Sec. 10-1-29 Minor Condominium Plats

  1. Submittal. Creation of a minor condominium plat shall be by certified survey map. The certified survey map shall be submitted to the Town of Empire Planning Commission. Such map shall be prepared according to Wisconsin Statutes, Sections 236.34 and 703.11, and the map shall show clearly on its face the following:
    1. All existing buildings, water courses, drainage ditches and other features pertinent to division of property.
    2. Location of access to public road.
    3. Date of the map with a graphic scale.
    4. Name and address of the person for whom the survey was made.
    5. An owner's certificate and approval signature of the Town of Empire Board and Treasurer's certificate in accordance with Wisconsin Statutes, Section 236.21(3), shall be the only approvals required for recording unless additional approvals are necessary for dedication purposes.
  2. Review and Approval. The Commission Shall, within sixty (60) days of the date of submission unless mutually extended by both parties, review the application and map against the applicable standards of this Chapter, and approve, approve conditionally or reject the application and map based upon a determination of conformity or non-conformity with the standards.
    The Town of Empire Board shall not approve a certified survey map without the review of the Commission. Such approval shall be within 60 days of date of submission unless mutually extended by both parties.

Sec. 10-1-30 Major Condominium Plat

  1. Preliminary Plat Submittal. The Applicant shall prepare a preliminary plat in accordance with this Chapter. The Applicant shall provide the Town of Empire Planning Commission ten (10) copies of the preliminary plat, and two copies to the adjoining city or village, if in the extraterritorial plat approval jurisdiction.
  2. Preliminary Plat Requirements. Refer to the provisions of Sections 10-1-20 and 10-1-21 of this Chapter.
  3. Preliminary Plat Review and Approval. In order to facilitate public comment, the Subdivider shall provide a list of the names of all property owners within one thousand (1,000) feet and all property owners of adjacent and opposite frontage of the subject site to the Town of Empire Clerk, who shall send them the meeting agenda concerning the subject site utilizing first class mail with an affidavit of mailing at least ten (10) business days prior to the date of such meeting. The Commission shall conduct a meeting to review the Plat for conformance with this Chapter and all other ordinances, rules, regulations which affect the Plat. At this meeting the Commission shall permit the public to comment on the proposed plat. The Commission shall either approve, approve conditionally, or reject the Preliminary Plat within ninety (90) days of submittal.
  4. Surveying. All final plats shall meet all the surveying requirements of Wisconsin Statutes, Section 11.
  5. Certificates. All final plats shall provide the surveyor's certificate required by Wisconsin Statutes, Section 703.11(4), and in addition, the surveyor shall certify that he has fully complied with all the provisions of this Chapter and shall provide a certificate for the Town of Empire Board approval.
  6. Final Plat Review and Approval. The Commission shall examine the final plat as to its conformance with the approved preliminary plat, any condition of approval of the preliminary plat, this Chapter and all ordinances, rules, regulations which may affect the plat.
    The Commission shall within 60 days of the date of filing of the final plat with the Town of Empire Planning Commission approval, approve conditionally or reject the plat, unless the time is extended by agreement with the applicant.
  7. Recordation. After the final plat has been approved by the Commission, the Town of Empire Board and any other approving agencies, the Applicant shall record the plat with the County Register of Deeds in accordance with Wisconsin Statutes, Section 703.11.
  8. Modifications. Modifications to either a condominium plat or declaration shall require review and approval by the Commission and Town of Empire Board. If the Commission and Town of Empire Board determines the modification to substantially modify the original approval, it may require resubmittal for review and approval as if it were a new submittal according to the provisions of this section.

Sec. 10-1-31 through Sec. 10-1-39 Reserved for Future Use.

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