This chapter shall be known as the "Land Development Code" and may be referred to herein as "this code."
A. 
Land division. The provisions in this code relating to land divisions, replats, and condominium plats are adopted under the authority granted by Chs. 61 and 236, Wis. Stats.
B. 
Stormwater management. The provisions in this code relating to stormwater management are adopted under the authority granted by § 60.627, Wis. Stats.
C. 
Site plan review. The provisions in this code relating to site plan review are adopted under the authority of § 61.34(1) and (5), Wis. Stats.
This code shall only apply to that land and water lying within the Town of Algoma, Winnebago County, the boundary of which may change over time through annexations and detachments. (COMMENTARY NOTE: An annexation removes land from a town and adds it to a city or village, while a detachment removes land from a city or village and adds it to a town.)
A. 
General findings. The Town Board makes the following legislative findings:
(1) 
The Town Board of the Town of Algoma has been given village powers as authorized under § 60.10(2)(c), Wis. Stats.
(2) 
The Town Board adopted a Comprehensive Plan on February 21, 2007, pursuant to § 66.1001, Wis. Stats.
(3) 
This code is consistent with and furthers the overall intent of the Town's Comprehensive Plan, as may be amended.
B. 
Other findings. Other legislative findings are included in the various articles and sections of this code as may be appropriate.
The Town of Algoma and its officials, agencies, employees, agents, and assigns shall not be liable for any flood damage, sanitation problems, structural damage, or other damages or loss of property value that may occur as a result of reliance upon or conformance with this code.
In addition to meeting the requirements contained in this code, development shall comply with all applicable regulations of Winnebago County and federal and state agencies. In all cases, the strictest of the applicable provisions shall apply.
This code is not intended to repeal, abrogate, annul, impair, or interfere with any existing easement, covenant, deed restriction, or other private agreement governing land development. However, when this code imposes a greater restriction than the aforementioned, the provisions of this code shall apply. (COMMENTARY NOTE: The Town of Algoma does not enforce private agreements to which it is not a party.)
Compliance with the standards and requirements in this code shall not constitute an absolute defense to an action to abate a public or private nuisance.
This code shall apply to all publicly owned land to the fullest extent allowed by state and federal law. When a public entity undertakes any development that is exempted from this code, in whole or in part, it is strongly encouraged to meet the provisions of this code.
This code shall apply to projects under the purview of the Wisconsin Public Service Commission (PSC) to the fullest extent allowed by state law. [COMMENTARY NOTE: See § 196.491(3)(i), Wis. Stats., and also American Transmission Co., LLC v. Dane County, 2009 WI App. 126.] The Planning Commission or the Town Board, or both, may submit a written request to the PSC outlining those standards and/or requirements of this code that the PSC should impose as conditions of project approval, if approval is to be granted.