The Town will recommend that Winnebago County maintain zoning classifications in existence as of April 15, 2003. If at any time during this Agreement, the Town exercises town zoning, the Town will maintain zoning classifications in existence as of the April 15, 2003. Any changes to zoning classifications will be recommended for approval, or as applicable, approved by the Town only after consultation with, and the agreement of, the City. Development in the City Growth Areas proposed for purposes other than those that are authorized under zoning in effect as of the date of this Agreement shall be subject to City approval in accordance with development standards set forth in the City's ordinances. Consultation by the Town, and the agreement or disapproval of the City, shall be in writing. Failure of the City to respond within 30 days of notice shall be deemed an approval. Failure of the Town to abide by the City action of disapproval shall void the subject amendment, to the extent permitted by law. Notwithstanding the foregoing, nothing in this Agreement shall limit the one-time division of a five-acre or larger parcel existing as of the date of this Agreement into two parcels for residential purposes if otherwise permitted by the Town's zoning and subdivision regulations in effect at the time of this Agreement.

To the extent authorized by law, the Town will refuse to approve or as applicable, recommend approval of certified survey maps, platted subdivisions, unless the City consents to them. Failure of the City to respond within 30 days of notice shall be deemed an approval. Failure of the Town to abide by the City action of disapproval shall void the subject amendment. Further, the Town will refer all conditional use permit applications to the City for its review and recommendation and will consider all recommendations before acting on the application. Failure of the City to respond within 30 days of notice shall be deemed a denial .

The Town will not challenge, judicially or otherwise, any annexation that is in accordance with the terms of this Agreement. The Town also agrees not to financially or otherwise support anyone who opposes or contests any such annexation. The City further agrees to meet with Town officials prior to or shortly after the filing of any annexation petition to discuss matters of mutual concern. If a party other than the City impleads the Town in any annexation lawsuit, the Town will immediately stipulate that it does not oppose the contested annexation. The Town will also cooperate with the City on the dismissal of the Town as a party to the relevant lawsuit. The Town agrees that the City may exercise powers pursuant to sec. 236.10(4),