Major subdivisions, county plats, and minor subdivisions shall be designed and laid out in proper relation to existing and proposed streets, existing and proposed access points, potential location of on-site waste disposal facilities and wells, topography, surface water drainage, vegetative cover, natural features, and the most advantageous use and/or development of adjoining areas.

(1)

Lots.

(a)

Size. Lot size and dimensions shall comply with the minimum standards of the Portage County Zoning Ordinance where applicable or town zoning ordinance where applicable, as well as the provisions of Wis. Admin. Code Comm 83, and Wis. Stats. ch. 236.

Larger lot sizes/dimensions may be required where site conditions such as steep slopes surrounding land uses such as agriculture, or groundwater characteristics may warrant, as determined by the Planning and Zoning Committee. Where both the Portage County Shoreland Zoning Ordinance and any town zoning ordinance adopted under Wis. Stats. §§ 60.61 or 60.62 apply, the greater restrictions shall apply. Smaller lot sizes/dimensions may be allowable through the "lot averaging" option described in section 7.4.5(2) below.

(b)

Orientation. In general, side lot lines shall be at right angles to street lines or radial to curving street lines.

(c)

Frontage. Each lot shall have an approved access that fronts a public road as required by the Portage County Zoning Ordinance. Only two lots shall share a common access point to a public road. Lots with an access easements may be permitted by the Planning and Zoning Committee in those towns which have not approved the County's Zoning Ordinance, under Wis. Stats. § 59.69(5)(c). In those cases where an access easement is permitted, the following standards shall apply:

1.

The easement shall be a minimum of 33 feet wide at its narrowest point.

2.

The easement shall be nonexclusive, i.e., access shall be granted at all times for public service vehicles, including, but not limited to, fire and police vehicles, ambulances, and school busses.

3.

The easement shall be located in compliance with section 7.4.6(1)(e), pertaining to minimum separation distances of access points.

4.

The following statement shall be shown clearly on the major subdivision, county plat, or minor subdivision document:

Access to this property is provided by nonexclusive easement. The Town of ___________ has no responsibility or liability for the snow plowing or other maintenance of said easement or for the construction of a driving surface upon said easement.

(d)

Depth and Width. In general, the depth of a lot should not exceed three times its width as its widest point. Lot width shall be in accordance with the provisions of section 7.4.5(1)(a).

(e)

Flag Lots. The stem of a flag lot shall not be greater in length than the quarter-quarter section Government Lot in which it is located and shall not be less than 33 feet in width at its narrowest point, except where permitted by the Planning and Zoning Department.

(2)

Lot Averaging Option.

The purpose of this subsection is to provide an alternative and innovative design technique which promotes the goals of this section and comprehensive planning to a greater degree than a conventional subdivision. In particular, the agriculture and resource protection goals and objectives included in the Town and Portage County Comprehensive Plans and the idea of maintaining large, contiguous open rural areas which may be better addressed if some modification of the minimum lot size requirement is allowed, provided the overall intensity of permitted development is consistent with that which would result from conventional development.

This "lot size averaging" technique (herein after called "lot averaging") permits flexibility in subdivision design and promotes a more efficient use of land and the protection of productive agricultural or forest land, scenic views, historic sites, shorelines, wetlands, important habitat areas and other resources of importance to the community, while minimizing the alteration of the natural topography of the land, in accordance with the goals and objectives of County and Town Comprehensive Plans.

(a)

Applicability. The lot averaging option for subdividing land may be utilized in the A-20 Primary Agricultural, A-2 Agricultural Transition, and A-3 Low Density Agricultural Zoning Districts only, and only in those Towns that enable its use through specific action of the Town Board.

1.

The Planning and Zoning Department or Planning and Zoning Committee shall have the authority to determine whether the use of the lot averaging option is appropriate (see sections 7.4.8, and 7.4.9 below). A recommendation from the Plan Commission and Town Board of the Town where the subdivision is proposed shall be required prior to planning and zoning determination.

2.

The minimum acreage for a lot size averaging subdivision plan shall be 40 acres in the A-20 Primary Agricultural District, 20 acres in the A-2 Agricultural Transition District and 40 acres in the A-3 Low Density Agricultural District. The specified acreage for each zoning district stated above is inclusive of road right of way.

(b)

Density. The total number of potential lots available for a lot averaging subdivision plan will in part be determined based on the number which would be otherwise approved under a conventional subdivision plan. The applicant must submit a sketch plat showing lots, road rights-of-way, storm water management areas, and any other areas which would not be incorporated in individual lots as necessary to meet the usual minimum standards for the district without the need for any lot area or lot dimension variances. The sketch must also account for development limitations such as steep slopes, wetlands, floodplain, septic suitability, water availability and quality, adequate driveway access to each lot, and compliance with Town and or Portage County subdivision regulations.

1.

The conforming sketch plat shall be of sufficient detail to permit the Planning and Zoning Department staff to make an informed decision that the subdivision would satisfy all ordinance requirements, including the suitability analysis (section 7.4.3), and would be approvable as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards.

2.

The number of lots shown on an accepted sketch plat shall preliminarily be the maximum number of lots permitted under lot size averaging. Less than the maximum number of lots may ultimately be available, depending on the total acreage involved, the underlying zoning district, and design criteria consideration listed in section 7.5.4(2)(c) below.

3.

The method of calculating the lot averaging option shall be "by 40", i.e. by quarter-quarter section or government lot. The quarter-quarter section or government lot may contain other previously created parcels, but the parcel to be divided must contain the minimum acreage described in section 7.5.4(2)(a) above. The lot averaging option may not include land in excess of a quarter-quarter section or government lot, and limits the number of lots to be created to a maximum of four lots: three lots of two to three acres in size and the larger remnant parcel (see section 7.4.5(2)(d) below). The four lots to be created must average the minimum required lot size allowed under the existing zoning. Subdivisions proposing five or more lots are more appropriately developed under a Residential Zoning District. The maximum number of lot splits allowed in the A-3 Zoning District utilizing lot averaging will also be four per quarter-quarter section or government lot.

(c)

Site Design Criteria. Lot averaging designs shall shift the more intensive development toward those lands which can best support the installation of the dwelling, well, septic system, and associated site improvements. Similarly, lot averaging shall locate less intensive development in those areas which exhibit sensitive environmental features (i.e. water bodies, wetlands, floodplains, steep slopes (>12 percent), shallow bedrock (< five feet), prime aquifer recharge areas, seasonal high water table, etc.) or which contain active or prime agricultural lands (as identified in the Town or County Comprehensive Plan) or mature woodlands. On tracts in areas which are predominantly active agricultural lands or consist of prime agricultural soils or soils of statewide or local importance (as defined by the Wisconsin Department of Agriculture), the preservation of agricultural lands shall take precedence. On tracts in areas which are predominantly prime forested area, the preservation of forested areas will take precedence.

1.

The applicant shall clearly demonstrate to the Planning and Zoning Department that the lot size averaging plan is preferable to the conventional plan in the achievement of the goals, objectives and purposes of this section and the County and Town Comprehensive Plan. Factors to be considered in this demonstration include, but are not limited to, agriculture and forestry retention, stream corridor, wetlands and floodplain preservation, steep slope protection, overall site design (including well water quantity and quality), reduction in impervious coverage, improved circulation, consideration of the site's natural features, topography, and relationship to open spaces on neighboring parcels, and conservation of scenic vistas. Lot averaging may be permitted when it is determined that the goals and objectives of the Comprehensive Plan(s) and the Subdivision Ordinance are better served by the lot averaging plan than by a conventional plan.

The layout and design of a lot averaging subdivision proposal may be approved by the Planning and Zoning Department based on a finding that the proposal fits with the character of the land and neighborhood, soils are adequate to support on-site waste disposal and wells, proposed access, traffic and pedestrian circulation promotes safety, storm water management and impervious surface issues are addressed, and other issues relating to the future use and enjoyment of the property are addressed.

2.

The factors considered by the Planning and Zoning Department when evaluating the proposed arrangement of lots may include, but not be limited to, the following:

a.

Feasibility of continued or future agricultural use.

b.

Feasibility of continued or future forest management.

c.

Arrangement of roads, storm water facilities, wastewater and other utilities in conformance with the natural features of the parcel, minimizing changes to the topography.

d.

Protection of stream corridors and other important habitat areas.

e.

Protection of wetlands, floodplains, hydric and other sensitive soils.

f.

Relationship to neighboring property, including conservation easements, or natural, cultural, recreational or scenic features.

i.

All development shall maintain the minimum front, rear, and side yard setbacks of the existing zoning requirements.

ii.

All development adjacent to agricultural uses shall be subject to an increased side, rear, or front yard setback, if necessary, as established by Planning and Zoning Department staff.

iii.

All development adjacent to wetlands and other sensitive natural areas shall be subject to an increased side, rear, or front yard setback, if necessary, as established by Planning and Zoning Department staff.

iv.

Impervious surface coverage not to exceed ten percent of the lot. Impervious surface coverage may exceed ten percent if the excess percentage of storm water is retained on site during specified storm events.

v.

Lots to be developed shall be clustered in order to maximize the amount of land to be preserved unless the petitioner can prove an alternative method of siting is more appropriate.

g.

A Certified Survey Map (CSM) must be completed and accompany the deed along with any restrictions to be recorded with the Portage County Register of Deeds.

(d)

Lot Size. The minimum lot area under the averaging option may be reduced to two acres (exclusive of road right-of-way), with a maximum reduced lot size of three acres (exclusive of road right-of-way), provided that the average lot area throughout the development shall be at least that of the underlying zoning district, and in any event shall result in no greater number of lots than could be approved under a standard lot configuration which conforms with the underlying zoning district. The larger part of the parcel left after splitting the smaller lot(s) shall be called the "remnant".

1.

At least two acres of the reduced size lot shall be zoned A-20 Primary Agricultural, A-2 Agricultural Transition, or A-3 Low Density Agricultural. If a three-acre lot is requested, up to one acre may be zoned Conservancy.

2.

The proposed lots shall meet all requirements for safe septic system operation established by applicable Town, County and State regulations.

(e)

Protected Areas and Deed Restrictions. The lot averaging plan will concentrate development away from the most important resource areas and from those areas of the property that are most environmentally sensitive, as described in section 7.4.5(2)(c) above. For each lot less than the minimum size normally required for the zoning district, one or more lots larger than the minimum shall be provided in order to maintain an average lot size no smaller than the minimum lot size normally required for the zoning district.

1.

Long-term protection from further development shall be provided for the remnant area of the subdivision. The deed for any lot over three acres in size created by lot averaging shall contain a restriction prohibiting further subdivision for the purpose of creating an additional lot or lots. Further subdivision of these remnant lots, or use for other than one dwelling unit and/or agriculture, forestry, conservation, non-commercial outdoor recreation, or other principle use or building as otherwise permitted by the zoning ordinance, shall be prohibited. A second farm residence on a single parcel shall also be prohibited when utilizing this option.

2.

Before any lot split under this section becomes effective, and before construction may commence, written approval or authorization of the lot averaging subdivision plan must be issued by the Portage County Planning and Zoning Department. The original written authorization from the Portage County Planning and Zoning Department shall be filed with the Portage County Register Deeds as a deed restriction on the remnant parcel as set forth in said authorization.

3.

The authorization shall also specify that if the Town's Comprehensive Plan or local zoning map is amended to allow for greater density in the area including the remnant, the density of the remnant parcel will also change in conformity therewith.

4.

The deed restriction shall also be structured in such a way that, if all lots that are part of the approved lot averaging plan are not immediately split from the parent parcel, the ability to create the full number of approved lots is preserved.

5.

When only a portion of a tract is to be developed in a lot averaging plan, deed restrictions against further subdivision shall not be required for the entire tract but only for the portion of the tract devoted to the lot averaging plan.

6.

A Certified Survey Map (CSM) of the lots to be created (including the remnant) will accompany the deed, along with any restrictions, to be recorded with the Portage County Register of Deeds.

7.

Below is language that can be included in the authorization form given to the landowner seeking subdivision.

8.

"Before this lot split becomes effective and before construction may commence, the original of this document, along with a Certified Survey Map (CSM), must be filed with the Portage County Register of Deeds as a deed restriction on parcel number ________ as set forth herein."