(1)

Compliance.

(a)

Any division of land which results in a major subdivision, as herein defined, shall be in compliance with those sections of Chapter 236, Wisconsin Statutes, relating to subdivisions as defined in Wis. Stats. § 236.02(12), and all applicable provisions of this section.

(b)

Any division of land which results in a county plat, as herein defined, shall be in compliance with the requirements for a county plat under section 7.8 and all other applicable provisions of this section.

(c)

Any division of land which results in a minor subdivision, as herein defined, shall be in compliance with those sections of Wis. Stats. ch. 236, relating to certified survey maps, layout requirements, penalties and remedies, and supplemental provisions, as well as all applicable provisions of this section.

All minor subdivisions must be signed by a Town Board member or Town Board designee after Town Board action in accordance with Town Board policy. The Town signature is required before final County Planning and Zoning approval.

(2)

Exclusions. In no instance shall the provisions of this section relating to subdivisions apply to:

(a)

Transfers of interest in land by will or pursuant to court order.

(b)

Leases for a term not to exceed ten years, mortgages or easement.

(c)

The sale or exchange or parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this section or other applicable laws or ordinances.

(d)

Existing parcels or lots of record, as well as surveys, which do not create major subdivisions, county plats, or minor subdivisions as defined in this section, except that section 7.4.6(1)(e)3. shall apply.

(3)

Abrogation and Greater Restrictions. The provisions of this section supersede all the provisions of any county subdivision ordinance adopted under Wis. Stats. ch. 236, Wisconsin Statutes, which relates to subdivisions. However, where an ordinance adopted under a statute other than Wis. Stats. ch. 236, is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. Where this subdivision ordinance is silent as to a standard procedure, the appropriate provisions under the general Portage County Zoning Ordinance shall apply.

(a)

This section shall not require approval or be subject to disapproval by any town or town boards.

(b)

If an existing town ordinance relating to subdivisions is more restrictive than this section or any amendments thereto, the town ordinance governs in all respects to the extent of the greater restrictions but not otherwise.

(c)

This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(4)

Interpretation. The provisions of this section shall be held to be minimum requirements, liberally construed in favor of the governing body, and shall not be deemed a limitation on or repeal of any other powers granted by local or state statutes.

(5)

Severability. If any portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.