The intent of the open space design option is to support a sustainable rural environment, while permitting limited residential development. Increasing development pressure in rural areas has led to this new subdivision design process which would encourage single family development that is more environmentally sensitive and less intrusive upon the existing rural landscape. The open space design option allows dwelling units to be grouped onto part of the parcel so the remaining acreage can be preserved as open lands and appropriate separations from agricultural practices and other non-residential uses can be observed. The overall density remains the same as would be found in a traditional development in the existing zoning district.

The open space subdivision design process emphasizes the preservation of agriculture and the natural environment as a basis for the grouping of dwellings. Homes are separated from adjacent property or other groupings of dwellings by the open space that is protected from development.

The following provisions are intended to result in residential development that is consistent with the Portage County Code of Ordinances.

The following objectives shall be considered in the review of any application for an open space development.

(1)

To promote environmentally sensitive residential development by requiring open space preservation, thereby preserving the natural character of open fields, stands of trees, ponds, streams, hills or other features identified by the community.

(2)

To preserve the rural landscape and protect environmentally sensitive lands through the permanent preservation of open space and natural resources.

(3)

To provide for agricultural and aesthetic use of open space by allowing developers to reduce lot sizes while maintaining the residential density required in the existing zoning district, thus providing a more flexible and economical residential layout.

(4)

To provide appropriate separation and buffering between residential development and non residential uses.

The open space design option may be applied to tax parcels of 20 acres or more in communities with an open space and rural landscape preservation section in their land use plan. Lands with open space of state and local significance, including primary and secondary open space as defined in section 7.5.4, are encouraged to utilize this option. Determination of open space significance is based upon a combination of factors including recommendations found in the open space and rural landscape preservation section of a town's land use plan, recommendations from the county open space plan, soils, topography, existing vegetation and habitat, historic use of land, size of parcel, use of land for agricultural purposes and character of the surrounding areas.

Towns wanting to allow for low density residential development while also preserving the traditional rural/country activities and character of the township have identified primary and secondary open space in their town land use plan. The open space and rural landscape preservation section of the town's land use plan identifies areas in the township where efforts to preserve open spaces, such as agricultural activities, wildlife habitat and woodlands, will be made. Boundary maps for the primary and secondary open space defined below are found in each town's land use plan.

(1)

Primary Open Space. Natural regions of the town comprising only the most severely constrained lands, where development is typically restricted under current codes and laws. These regions would include regulated wetlands, 100-year floodplains and slopes exceeding 20 percent. These lands may be designated within a Conservancy Zoning District. Primary open space may also include intensively farmed areas of a community that should be protected from excessive development to preserve the viability of the farm economy. This area would be defined by highly productive farmlands and areas where farm operations are concentrated.

(2)

Secondary Open Space. Secondary Open Space may include natural, historic or cultural elements identified by the community as significant for preserving the natural landscape of the area. This category may also include small inclusions of prime agricultural soils where these soils coincide with crop lands, meadows, pastures and slopes exceeding 12 percent. Other elements of regional significance can be added to this category for future protection.

(1)

Density Standards.

(a)

The total number of dwelling units permitted in an open space development shall be determined by submittal of a conventional subdivision plan identifying the potential lots and buildable lands. After Portage County Planning and Zoning Department review of the conventional subdivision plan, the maximum number of lots available for the open space development will be determined. The maximum residential density specified for the zoning district in which the development is located shall not be increased, except where provided in section 7.5.5(1)(c).

(b)

The open space design option allows a landowner to create lots smaller than the existing zoning would otherwise permit, while maintaining the overall density of that zoning district. To qualify for this decreased lot size, the tax parcel must be 20 acres or more in size and have acreage unencumbered by deed restrictions greater than or equal to the minimum lot size of the existing zoning. Deed restricted acreage includes acreage in the tax parcel previously used to calculate a lot split. This restricted acreage is shown as a statement on the deed of the tax parcel prohibiting a specific amount of acreage from being used for future lot split calculations. Deed restricted acreage is calculated as follows:

Minimum lot size required by zoning - Size of new lot created =

The amount of acres deed restricted on the tax parcel

(c)

Density Bonus. Acreage zoned conservancy on the tax parcel (excluding water bodies) may be included in the calculation of total lot density for a proposed development when an open space design is used, provided the additional lots do not violate any provision of this ordinance.

(d)

Residential lots shall be grouped on the tax parcel so that designated open space within a development includes at least 50 percent of the parcel's secondary open space and 100 percent of the primary open space. Each lot must abut a designated open space.

(2)

Minimum Lot Size. Lots not served by a public or common sanitary sewer shall be at least two acres in size, exclusive of road right of way. Lots served by public or common sanitary sewer and are part of a subdivision plat shall have a minimum lot size of 15,000 square feet, exclusive of road right of way.

(3)

Open Space Standards.

(a)

The following areas shall not be used in the calculation for determining designated open space:

1.

Areas devoted to public or private streets or rights-of-way or any land that has been or is to be conveyed to a public agency.

2.

Areas devoted to residential lots, an accessory use, vehicle access, vehicle parking or an approved land improvement.

3.

All areas in surface water bodies.

(b)

Calculating Designated Open Space. The amount of land designated as permanent open space shall be equal to or greater than the amount of restricted acreage calculated for the tax parcel, as required in section 7.5.5(1)(b) above and shall satisfy the requirements of section 7.5.5(1)(d). Except as noted in section 7.5.5(3)(a) above, any undeveloped land area within the boundaries of the tax parcel may be included as required open space.

(c)

Ownership of Designated Open Space. The designated open space land may be held by the original owner, held in common by some or all of the owners of the newly created lots or sold to a third party. Public access may or may not be allowed. The parties responsible for management of the designated open space will be described in the land stewardship plan (Section 7.5.9).

(d)

Use of Designated Open Space. Designated open space land may be used for recreation, conservation, agricultural uses or preservation in an undeveloped state. Options for the use of designated open space shall be detailed in the land stewardship plan (Section 7.5.9).

(e)

Preservation of Designated Open Space. The developer shall set aside designated open space through an irrevocable conveyance that is acceptable to the Portage County Corporation Counsel. Forms of dedicating open space may include, but are not limited to a recorded deed restriction, covenants that run perpetually with the land, purchase of development rights, conservation easement, etc.

Such conveyance shall assure that the designated open space identified on an approved preliminary plan and required land stewardship plan (Section 7.5.9) will be protected from all forms of development, except as shown on said plans. Such conveyance shall:

1.

Indicate the proposed allowable use(s) of the designated open space.

2.

Require that parties who have an ownership interest in the designated open space maintain the designated open space.

3.

Provide standards for scheduled maintenance of the designated open space.

4.

Provide for maintenance to be undertaken by the Township, or designated agent, in the event that the designated open space is inadequately maintained as per the Land Stewardship Plan, with the assessment of cost upon the property owners.

(f)

Structures Built in Designated Open Space Areas. Any structure(s) or building(s) accessory to recreation, conservation or agriculture may be erected within the designated open space, subject to the approved land stewardship plan and appropriate zoning and building permits. The accessory structure(s) or building(s) shall not exceed, in the aggregate, one percent of the required open space area.

(g)

Access to Designated Open Space. Designated open space intended for recreation or use by the residents shall be easily accessible to pedestrians. Accessibility for the handicapped and older citizens should be considered in design. Each lot must abut a designated open space.

(1)

Location Of Lots. Residential lots shall be laid out, to the greatest extent feasible, to achieve the following objectives.

(a)

Unsewered Lots. Each new lot shall have a minimum two acre building site containing 24 inches of unmottled soil (mottles as indicators of high ground water), shall be outside of regulated wetlands and floodplains and shall be suitable for primary structure construction without major alterations to the land, such as filling or removing soil and/or bedrock.

(b)

Sewered Lots. Parcels shall have a minimum 15,000 square foot building site containing 24 inches of unmottled soil (mottles as indicators of high ground water), shall be outside of regulated wetlands and floodplains and shall be suitable for primary structure construction without major alterations to the land, such as filling or removing soil and/or bedrock.

(2)

Setbacks. Setbacks required in the existing zoning district shall apply unless specified below.

(a)

Front, rear and side yard setbacks may be staggered to provide for a maximum variety in the size of such yards.

(b)

Residential lots adjacent to agricultural irrigation systems shall be established a minimum of 250 feet from the closest irrigation gun or other liquid dispersal device. Residential lots abutting all other agricultural uses permitted in the agricultural zoning districts of the Portage County Zoning Ordinance shall be established a minimum of 100 feet from the agricultural practice as defined at the time of plat. Setbacks established on the plat or certified survey map shall remain in perpetuity.

(3)

Lot Width. Minimum lot widths of the existing zoning shall apply.

(4)

Roadway Standards.

(a)

Access. All lots (residential and open space) shall have direct access to a public roadway, as required by County Subdivision and Zoning.

(b)

Internal Roads. The subdivider may be required to construct and dedicate internal roads to the public, as determined by the Planning and Zoning Department or Town Board. Where dedication and/or construction is required, the requirements set forth in section 7.4.6(1), shall apply.

(5)

Open Space Between Clusters. Open spaces between residential clusters (if applicable), including those spaces used as recreation areas, shall be at least 100 feet wide and shall be protected with an irrevocable conveyance that is found acceptable to the Portage County Corporation Counsel [see section 7.5.5(3)(e)].

(6)

Landscaping and Buffering. Vegetated buffer zones shall have a minimum width of 50 feet and shall be required between residential lots and agricultural land uses. This buffer system can be located on either the residential lot, designated open space, or both. An on-site visit will make it possible to make recommendations as to the long term health of an existing or proposed buffer in accordance with Portage County Planning and Zoning Department's performance standard, "tree, shrub, grass vegetative residential buffer." A site evaluation shall be conducted on or before the on-site walkabout identified in section 7.5.7.

(7)

Waterway Buffering. All dwellings and accessory structures shall be located no less than 100 feet from lakes, ponds, flowages, rivers, streams and creeks. In developments with common open space, common access to the water feature shall be provided as part of the common open space (building setbacks from property lines shall still apply).

(8)

Preserving Roadway Frontage. All dwellings and accessory structures shall be setback no less than 100 feet from the centerline of external public roads unless highway setbacks require a greater distance. A preferred management option for roadway frontage is to preserve the natural vegetation, except for the removal of exotic, dead or diseased vegetation. The screening potential of existing vegetation may be improved by planting gaps with native trees and shrubs. Land converted from agriculture should be planted with vegetation typical of the surrounding area.

This section describes the design process for a proposed development or lot split. The full Portage County Subdivision Ordinance contains specific requirements related to the division of land in Portage County that may not be addressed in this section.

Any development that uses the open space design option shall follow the design process described below. The requirements of this section apply to the entire tax parcel.

(1)

Initial Conference. The applicant's/developer's first step in an open space design process is an orientation meeting with Planning and Zoning Department Staff and Town Representatives. The purpose of the meeting is to familiarize the applicant with the submittal requirements for the project and the staff with the development proposal.

(2)

Creating An Existing Features Plan. The existing features plan maps each site's special features and is required for all proposed subdivisions. This plan forms the basis of the design process for open space lands, house locations, street alignments and lot lines and at a minimum must include:

(a)

Land contours based at minimum upon topographical maps published by the U.S. Geological Survey;

(b)

The location of severely constraining elements such as slopes 12—20 percent, slopes greater than 20 percent, wetlands, watercourses, intermittent streams and 100-year floodplains and all rights-of-way and easements;

(c)

Soil boundaries as shown on USDA Natural Resources Conservation Service Soils Maps; and

(d)

The location of significant features such as woodlands, tree lines, open fields, meadows, scenic views into or out from the property, watershed divides, drainage ways, groundwater gradient, fences or stone walls, rock outcrops, existing structures, roads, trails and any sites of local significance as identified by the town, county or state.

(e)

Primary Open Space and Secondary Open Space, as described in section 7.5.4 and identified in the Open Space and Rural Landscape Preservation section of the town's land use plan.

The applicant/developer, shall bring a copy of the Existing Features Plan to the on-site walkabout (see section 7.5.7(3) below).

(3)

On-Site Walkabout. After the existing features plan has been prepared, the applicant shall schedule a mutually convenient date to walk the property with a representative from the Portage County Planning and Zoning Department and the Town. The purpose of this visit is to familiarize local officials with the property's special features and to provide them an opportunity to respond to the applicant regarding the preservation of the primary, secondary and other open space and potential house locations and street alignments.

(4)

Layout of Site Improvements. Lands not identified as designated open space in the existing features plan may be considered potential development areas for the site. It is within these development areas that site improvements are located.

(a)

Location of House Sites. Building sites for homes are located before any other improvements. This eliminates the constraints that streets and lot lines may impose on the home siting process. House sites shall be setback a minimum of 100 feet from primary open space, and 50 feet from secondary open space.

(b)

Street, Utility and Lot Layout. Proposed streets and utilities shall be aligned to provide vehicular access and proposed services to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the primary and secondary open space. Wetland crossings and streets traversing existing slopes over 12 percent are strongly discouraged. Street connections are encouraged to minimize the number of new cul-de-sacs to be maintained by the township and to facilitate easy access to and from homes in different parts of the property (and on adjoining parcels). Electrical utilities should be buried unless ground conditions prohibit such activity.

(c)

Lot Lines. The final step is to draw in the lot lines (where applicable).

(5)

Pre-Submission Conference. Prior to submission of the Preliminary Plan, the applicant shall meet with Staff of the Portage County Planning and Zoning Department to discuss how the design process described in this section has been applied to the subject property. The applicant should bring, at a minimum, a sketch of the proposed development that illustrates initial thoughts about a conceptual layout for open space, house sites and street alignments. At the discretion of the Portage County Planning and Zoning Department Staff this conference may be combined with the on-site walkabout.

(6)

Preliminary Plan.

After the pre-submission conference, a preliminary plan shall be submitted for all proposed subdivisions. As used in this section, the term "Preliminary Plan" refers to a preliminary, scaled plan, drawn to illustrate the layout for open space lands, house sites and street alignments. This is the stage where drawings are tentatively illustrated, before substantial engineering costs are incurred in the design of any proposed subdivision layout. A preliminary plan should also include information required to meet the "preliminary plat" or certified survey map requirements of section 7.4.7(2) to expedite the submission process.

Within 15 days of receiving the preliminary plan, the Portage County Planning and Zoning Department shall inform the subdivider of any additions, changes, or corrections to the plan. Upon subsequent revision (if required) the plan would then be ready to prepare and submit as a preliminary plat or certified survey map.

In evaluating the layout of lots and open space, the following criteria shall be considered by the Town and the Portage County Planning and Zoning Committee, or designated agent, as indicating design appropriate to the site's natural, historic and cultural features or any other factor consistent with the principles and intent of this section. Originality in lot layout shall be encouraged to achieve the best possible relationship between development and open space. Accordingly, the Town and the Portage County Planning and Zoning Committee, or designated agent, shall evaluate proposals to determine whether the proposed development plan:

(1)

Protects and preserves all floodplains, wetlands and steep slopes from clearing, grading, filling, or construction (except as may be approved by the township for essential infrastructure or active or passive recreation amenities).

(2)

Preserves and maintains elements of the landscape identified in the town's land use plan as significant for preserving the natural landscape of the area.

(3)

Sites dwellings on the least productive agricultural lands.

(4)

Maintains or creates an upland buffer system with a minimum width of 100 feet adjacent to wetlands and perennial surface waters, including lakes, ponds, flowages, rivers, streams and creeks, for the purpose of filtering out and minimizing sediment and chemical contamination of surface water, or to remediate groundwater contamination. This will be according to Portage County Planning and Zoning Department's performance standard, "surface water and groundwater remedial action buffers."

(5)

Designs around existing fencelines and treelines between fields or meadows and minimize impacts on large woodlands (as defined by the Town), especially those containing many mature trees or a significant wildlife habitat.

(6)

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares.

(7)

Avoids siting new construction on prominent hilltops or ridges.

(8)

Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U.S. Environmental Protection Agency and/or by the Wisconsin Department of Natural Resources.

(9)

Designs around and preserve sites of historic, archaeological, or cultural value and their surroundings, insofar as needed to safeguard the character of the feature.

(10)

Protects rural roadside character and improves public safety and vehicular carrying capacity by avoiding development fronting directly onto existing public roads. Establishes buffer zones along the scenic corridor of rural roads.

(11)

Landscapes common areas (such as community greens), cul-de-sac islands and both sides of new streets with native specie shade trees and flowering shrubs with high wildlife conservation value.

(12)

Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots.

(13)

Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site, between properties and activities or special features within a neighborhood open space system.

(14)

Provides open space that is reasonably contiguous. Such open space should be designed as part of larger contiguous and integrated greenway systems, as per the policies in the open space and rural landscape preservation section of the Town's Land Use Plan.

A land stewardship plan for the long-term management of designated open space lands and the use, maintenance and insurance of any common facilities (if present), including provisions for funding shall be provided to and approved by the Portage County Planning and Zoning Committee or designated agent prior to preliminary plan approval. Such plan shall:

(1)

Define ownership.

(2)

Establish necessary regular and periodic operation and maintenance responsibilities.

(3)

Establish staffing needs, insurance requirements and other associated costs and define the means for funding the same on an on-going basis.

(4)

Specifically focus on the long-term management of designated open space lands. A draft land stewardship plan shall be submitted at the time of preliminary plan review and a final land stewardship plan at the time of final plat or certified survey map submittal.

The land stewardship plan shall include a narrative, based on the site analysis required in section 7.5.7, describing:

(a)

Existing conditions including all natural, cultural, historic and scenic elements in the landscape;

(b)

Objectives for each designated open space area, including:

1.

The proposed management objectives for the area; and the measures proposed for achieving the objectives.

2.

Proposed restoration measures, including: measures for correcting increasingly destructive conditions, such as erosion; and, if applicable, measures for restoring historic features.

(c)

A maintenance and operations plan identifying operations needed for maintaining the stability of the resources including, where applicable:

1.

Mowing schedules.

2.

Weed control.

3.

Planting schedules.

4.

Forest management plans.

5.

Clearing and cleanup.

6.

At the Town's discretion, the applicant may be required to place in escrow sufficient funds for the maintenance and operation costs of common facilities for a maximum of one year.

(5)

Include provisions and procedures for amendments to the Land Stewardship Plan.

(6)

In the event that the organization established to own and maintain common facilities, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition in accordance with the development plan and all applicable laws, rules and regulations, the Town may serve written notice upon the organization and upon the residents and owners of the common facilities or lands, explaining the manner in which the organization has failed to maintain the common facilities. The notice shall identify corrections required and the timeframe within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this section, in which case the bond, if any, may be forfeited and any permits may be revoked or suspended. The Town has the authority to enter and enforce the covenants in the irrevocable conveyance specified in section 7.5.5(3)(e).

(7)

The costs of corrective action by the Town shall be assessed proportionate to tax assessments against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The Town, at the time of entering upon such common facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Register of Deeds upon the properties affected by such lien.

(Ord. of 3-21-2000)