This chapter shall be known as the "Land Development Code" and
may be referred to herein as "this code."
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.)
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.