(1)

Statutory Authority. In order to achieve the purpose of Wis. Stats. ch. 236, and to provide safe and orderly subdivision layouts, the following regulations are adopted pursuant to Wis. Stats. §§ 59.97(1), 59.971(3), 144.46(2), 144.28(8) and 236.45.

(2)

Purpose. These regulations are adopted for the following purposes:

(a)

To protect and provide for the public health, safety and general welfare of the unincorporated areas of Portage County.

(b)

To guide the future growth and development of the unincorporated areas of Portage County, in accordance with adopted County development guides and land use plans.

(c)

To provide for adequate light, air, water supply and privacy, to secure safety from fire, flood and other danger and to prevent overcrowding and undue congestion.

(d)

To protect the character and the social and economic stability of all parts of the unincorporated areas of Portage County.

(e)

To protect and conserve property values and the value of buildings and improvements upon the land and to minimize land use conflicts.

(f)

To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.

(g)

To provide for the safe and efficient movement of vehicular and pedestrian traffic, to provide for the proper location and width of streets and access points and to help implement official street plans.

(h)

To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.

(i)

To protect and preserve natural resources such as, among other things, productive agricultural lands, wetlands and shorelands and to encourage the wise use and management of these areas.

(j)

To prevent the pollution of air, groundwater, streams and ponds; and to assure the adequacy of the site for the proposed use(s) including soil suitability for on-site waste disposal.

(3)

Definitions. For the purpose of these regulations, the following terms are defined:

(a)

Arterial road. See "principal arterial road and minor arterial road."

(b)

Collector road means a road intended to collect and move traffic from local roads to arterial roads. As used here, the term "collector" includes roads so designated on the Portage County Urban Functional Classification Map, as well as roads designated as major and minor collectors on the Portage County Rural Functional Classification Map.

(c)

Copy means a true and accurate facsimile of all pages of an original document. Such a copy shall be on durable white paper with legible dark lines and lettering.

(d)

County plat means division of a lot, parcel or tract of land by the subdivider, where the act of division or successive division creates five or more lots or outlots of 20 acres each or less in area (exclusive of right-of-way) within a period of five years or less. An outlot(s) created for the expressed purpose of providing access for the joint use and ownership of abutting landowners shall not be included in the determination of a county plat.

(e)

Cul-de-sac means a local road or street with only one outlet and having a single terminal for the safe and convenient reversal of traffic movement.

(f)

Designated agent means for the purposes of this section, this term shall refer to the Portage County Planning and Zoning Department, unless another agency or individual is specifically identified.

(g)

Driving surface means the actual paved or finished road surface intended for vehicular travel, not including the shoulders.

(h)

Dwelling unit means one or more rooms intended for occupancy as separate living quarters, with separate and exclusive living, cooking, sleeping, and bath facilities.

(i)

Easement means a right-of-way granted, but not dedicated, for limited use of private land.

(j)

Final plat means the final map of all or a portion of a subdivision, subsequent to a preliminary plat, as required by this section.

(k)

Flood boundary (100-year) means boundary of the flood fringe as defined in Wis. Admin. Code ch. NR116.

(l)

Floodway means an area required to carry the discharge of the regional flood, as defined in Wis. Admin. Code ch. NR116.

(m)

Functional classification means identification of highways and streets according to the character of service they are intended to provide, ranging from a high degree of travel mobility to land access functions. The official Portage County Functional classification maps for urban and rural areas are created and periodically updated by the Wisconsin Department of Transportation, and approved by the Portage County Highway Committee.

(n)

Grade means the slope of a road, street or other public way, specified in percentage terms.

(o)

Local road means a road intended to provide access to other roads from individual properties, over short distances. Local roads include all roads not designated as collectors or arterials on the Portage County Urban and Rural Functional Classification Maps.

(p)

Lot means a designated parcel or tract of land which is established as permitted by this section and which is under one ownership and confined to two contiguous quarter-quarter sections or government lots.

(q)

Lot area means lot area shall be determined exclusive of road right-of-way and exclusive of any portion of the land that is below the ordinary high water mark, except where otherwise provided in this section or the Portage County Zoning Ordinance.

(r)

Major collector road. See "collector road."

(s)

Major subdivision means division of a lot, parcel, or tract of land by the subdivider, where the act of division or successive division creates five or more lots or outlots of one and one-half acres each or less in area within a period of five years or less.

(t)

Minor arterial road means a road which collects and distributes traffic in a manner similar to principal arterials, except that it serves secondary traffic generating areas. Minor arterials connect principal arterials to collector roads. Minor arterials are designated on the Portage County Urban and Rural Functional Classification Maps.

(u)

Minor collector road means see "collector road."

(v)

Minor subdivision means division of a lot, parcel or tract of land by the subdivider, where the act of division creates one or more lots or outlots of 20 acres each or less in area (exclusive or right-of-way). An outlot(s) created for the expressed purpose of providing access for the joint use and ownership of abutting landowners shall not be included in the determination of a minor subdivision.

(w)

Navigable waters means any body of water which is navigable under the laws of this State and as determined by the Wisconsin Department of Natural Resources.

(x)

Outlot means a tract of land, other than a lot or block, designated as an outlot on a plat or certified survey map.

(y)

Parcel. See "lot."

(z)

Planning and Zoning Committee. The Portage County Planning and Zoning Committee authorized by Wis. Stats. § 59.97(2).

(aa)

Planning and Zoning Department. The Portage County Wisconsin Planning and Zoning Department.

(ab)

Plat means a map of a subdivision.

(ac)

Preliminary consultation means an initial meeting between a subdivider and the Planning and Zoning Department, during which the subdivider must present a sketch plat and is apprised of any deficiencies in the proposed subdivision, and prerequisite to the submission of a preliminary plat, in the case of a major subdivision, or the final document, in the case of a county plat or minor subdivision.

(ad)

Preliminary plat means a drawing indicating the proposed layout of a subdivision, as described in these regulations, that is submitted to the Planning and Zoning Committee for approval.

(ae)

Principal arterial road means a road which serves traffic movements of an interstate or interregional nature and stressing traffic mobility rather than access. Principal arterials serve the highest order function in the road classification hierarchy. Principal arterials are designated on the Portage County Urban and Rural Functional Classification Maps.

(af)

Replat means the changing of boundaries of a recorded subdivision plat or part thereof. The dividing of a lot or outlot, without changing the exterior boundaries of said lot or outlot, is not a replat.

(ag)

Right-of-way means a strip of land occupied or intended to be occupied by a road, railroad, utility line, or for other special purposes, and normally requiring public dedication where public maintenance is involved.

(ah)

Roadtop means the driving surface and shoulders of a road.

(ai)

Sketch plat means rough layout of a proposed land development, of sufficient detail, clarity and accuracy to be used for discussion purposes during the preliminary consultation stage of a major subdivision, county plat and minor subdivision.

(aj)

State means the State of Wisconsin.

(ak)

Subdivider means a landowner, their agent or successive owner or their agent who causes any portion of land to be divided into a subdivision.

(al)

Subdivision means the division of land into two or more lots, parcels or tracts by the subdivider.

(am)

Wetlands means means those areas where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. Portage County wetlands are mapped based on both the DNR Wetland Inventory Maps and hydric soils defined in the Soil Survey of Portage County, Wisconsin.

(an)

Zoning Administrator. The Zoning Administrator for Portage County, Wisconsin.

(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.

No land that falls under the provisions of this section shall be approved as a major subdivision, county plat, or minor subdivision which is held unsuitable for the proposed use by the Planning and Zoning Committee for reason of flooding, inadequate drainage, severe erosion potential, unfavorable topography, inadequate or contaminated water supply, inadequate sewage disposal capabilities; potential for negative impacts to surface waters or groundwater; conflict with existing or planned parks, roads, highways, airports, drainage channels, schools or other public developments; conflict with intensive agricultural activities; or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or of the community. In determining land suitability, the Planning and Zoning Committee shall place particular emphasis on consistency with adopted Development Guides or Land Use Plans.

The Planning and Zoning Committee, in applying the provisions of this section, shall be writing recite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding such suitability at a public meeting. Thereafter, the Planning and Zoning Committee may affirm, modify or withdraw its determination of unsuitability.

(1)

The subdivider who creates a major subdivision shall be required to pay a fee or dedicate suitable land for public parks or other related use according to the following schedule:

(a)

Dedication to the public of one acre of land for each 20 lots.

(b)

Payment to the town park fund of $250.00 for each lot.

(c)

Any combination of subsections (a) and (b) as agreed to by the town board.

If the town board elects not to require land or fees as provided above or does not have a designated park fund, said land shall be dedicated for County parks or fees paid to a County park fund, or combination thereof, as determined by the Planning and Zoning Department and County Parks Department.

(2)

A major subdivision which abuts a navigable water body shall provide public access to the high water mark at least 66 feet wide which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or stream shore except where greater intervals and wider access is agreed upon by the State Department of Natural Resources, the State Department of Agriculture, Trade and Consumer Protection and the Planning and Zoning Committee. The Planning and Zoning Committee may require dedications of access points of greater width or at more frequent intervals at points designated by them and may require adequate turnaround areas where deemed necessary.

In addition, when a county plat or minor subdivision abuts a navigable water body, the Planning and Zoning Committee may require reservation of access points to the water to allow for future public purchase, where a need has been determined in town or county plans or by such officials and based on consideration of relevant factors such as the size and layout of the proposed subdivision, the physical character of the shoreline and its suitability for public access, and the proximity and use of existing public access points.

(3)

The lands lying between the meander line, established in accordance with Wis. Stats. § 236.20(2)(g), and the water's edge, and any otherwise unpalatable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream. This requirement applies not only to lands proposed to be subdivided, but also to all land under option to the subdivider or in which he holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or stream, as provided in Wis. Stats. § 236.16(4).

(4)

Where a preexisting, official plan of the county or any municipality of the county calls for a public development, the subdivider shall reserve said land with no building development for acquisition by the county or the municipality in which the land is located, for a period of three years, unless this period is extended by mutual agreement which shall be in the form of a written contact.

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."

Where required by the town board, the subdivider shall install, at his own expense, any required street and utility improvements, or other improvements as required herein. In addition, where required by the town board, the subdivider shall, prior to the final approval of any major subdivision, county plat, or minor subdivision, enter into a contract with the town agreeing to install the required improvements and shall file with said contract a surety bond or make other financial arrangements with the town board guaranteeing the completion of such improvements with a period of time specified by the town board.

(1)

Public and Private Roads. The subdivider may be required to dedicate land for public roads and to construct such roads, as determined by the Planning and Zoning Department or town board. Where dedication and/or construction is required, the following shall apply:

(a)

Road Design and Location. Public roads shall be designed and located to take into account:

1.

Existing and planned streets, particularly as shown on any official street map which has been adopted by Portage County or any local unit of government;

2.

Topographic conditions including the bearing capacity and erosion potential of the soil;

3.

Public convenience and safety including facilitating fire protection, snow plowing and pedestrian traffic;

4.

The proposed uses of land to be served;

5.

Anticipated traffic volumes; and

6.

Further resubdivision possibilities.

(b)

Construction Standards for Public Roads. Town roads shall be constructed as required by town ordinance. Where no town ordinance pertaining to road construction exists, town roads shall have a minimum right-of-way width of 66 feet and may be required to comply with other standards when so determined by the Portage County Highway Department.

(c)

Frontage and Backage Roads. The use of frontage and backage roads may be required along principal and minor arterial roads, at the discretion of the Planning and Zoning Department.

(d)

Cul-de-sacs. In addition to the requirements of this section, cul-de-sacs shall have a minimum turnaround right-of-way diameter of 120 feet and a minimum turnaround driving surface of 100 feet in diameter. Cul-de-sacs shall have a maximum length of 600 feet within any municipal sewer service jurisdiction/boundary approved by the County and the State Department of Natural Resources and 1,000 feet where no sewer service jurisdiction presently exists. Length shall be measured from the farthest point of the turnaround right-of-way to the right-of-way of the nearest connecting through-street. These standards shall not be applicable to temporary cul-de-sacs.

(e)

Access Points. In order to protect and preserve the safety, efficiency, and planned function of roadways, all public and private access points into public roads and highways in the unincorporated areas of Portage County shall comply with the provisions contained herein. Certain roads may require greater access protection than is provided here, based on locally adopted plans or policies. Access permits on the state trunk highways system must be acquired from Wisconsin Department of Transportation (DOT), District 4, subject to state and county regulations.

1.

Minimum Distance Between Adjacent Access Points:

a.

Designated road classifications are shown on the Portage County Urban and Rural Functional Classification Maps.

b.

Spacing will be measured from the midpoint of access points on the same side of the road, including road intersections.

2.

Design. The use of shared or consolidated access is encouraged in order to minimize the number of access points and resulting interruptions to traffic flow. Access points along opposite sides of a roadway shall be located directly opposite each other, whenever possible. No private access shall exceed 66 feet in width at the right-of-way line. On local roads, access points shall be located a minimum of 50 feet from a road intersection, as measured from the midpoint of the access to the intersection of the road rights-of-way.

3.

Preexisting Lots of Record. These standards shall not be enforced in such a way as to deny access to lots of record which are in existence prior to the adoption of this ordinance. However, any new access to such lots shall be in compliance with the access separation standards of this section.

4.

Corner Lots. Where a parcel abuts more than one public road, and where such roads are classified differently according to the functional classification, access shall be required onto the road with the lowest order functional status whenever possible.

5.

Modifications. The Planning and Zoning Committee may permit modifications from the provisions of this section where no viable alternatives exist and where the application of these standards would create a hardship, but in no case shall a modification be permitted to section 7.4.6(1)(e)1. which is less than the following minimum standards: Principal Arterial 850 feet, Minor Arterial 500 feet, Collectors 275 feet, except on those road segments with a posted speed limit of 35 mph or less, modifications shall not be less than the following: Principal Arterial 500 feet, Minor Arterial 300 feet, Collectors 150 feet; this exception shall not apply where reduced or advisory speeds are associated with warning signs related to road hazards such as curves or other special conditions. The Planning and Zoning Committee shall be the only body having authority to reject a modification request.

6.

Consistency with State Access Control Plans. In no case shall the Planning and Zoning Committee or its designated agent apply the access separation standards of this section or approve a modification thereof so as to conflict with any access control plan approved by the State Department of Transportation.

(f)

Road Intersections. Roads shall intersect each other at nearly right angles as topography and other limiting factors of good design permit, as determined by the Planning and Zoning Department. Where roads do not intersect at right angles, the minimum angle of intersection shall not be less than 60°. In order to avoid dangerous jogs, roads should be designed to intersect directly opposite each other or to have a minimum centerline offset of 125 feet, unless a greater separation is deemed necessary by the Planning and Zoning Department.

(2)

Groundwater Management and Water Supply Facilities.

Where there is no existing public water supply facility, the Planning and Zoning Department is empowered to require the subdivider to provide sufficient data to determine whether or not a water supply of acceptable quality exists. The data required of the subdivider shall be based on the advice and recommendations of the County Water Quality Specialist, the Central Wisconsin Groundwater Center and any other knowledgeable professionals that may assist the County with water quality issues.

The Planning and Zoning Department shall, at the time the sketch plat is submitted or within 15 days thereafter, inform the subdivider as to the particular groundwater monitoring and testing data to be provided by the subdivider, which may include but shall not be limited to the following:

(a)

Location, number, depth and maintenance of monitoring wells;

(b)

Direction and/or rate of groundwater flow;

(c)

Water quality parameters to be tested (pesticides, herbicides, bacteria, nitrates, etc.);

(d)

Sampling dates;

(e)

Easements; and

(f)

Conditions of the upgradient recharge area and location of the subdivision with respect to any downgradient municipal or private well recharge areas.

All water quality analyses shall be conducted by a state certified laboratory.

Where adequate water samples or test data can be obtained from existing wells within the immediate area of a proposed subdivision, such data may be utilized, in lieu of on-site monitoring wells, as determined by the Planning and Zoning Department. Monitoring wells may be required for a major subdivision or county plat, but shall not be required for minor subdivisions.

The subdivider shall provide the Planning and Zoning Department with all required groundwater data prior to the preliminary plat being submitted for approval, in the case of a major subdivision or prior to the time the county plat or minor subdivision is submitted for approval. Specific monitoring and/or test results shall be recorded on the face of the preliminary plat, and any final plat(s), county plat(s) or certified survey map(s), as well as the deed for each lot.

The determination of acceptable water quality by the Planning and Zoning Department shall be based on the on-site monitoring data or test results from nearby wells, the vulnerability of the site to groundwater contamination, the direction and rate of groundwater flow, adjacent land uses upgradient of the site to the groundwater divide, the location of known point sources of potential contaminants, and known groundwater quality and concerns in adjacent developments. The subdivider may be required to furnish such information as is necessary for this determination. The Planning and Zoning Department may consult appropriate County staff or outside professionals for technical support and evaluation of data.

In the event that monitoring and testing results indicate significant groundwater quality problems, the Planning and Zoning Department may require a community water system for the subdivision including a centralized well, as opposed to individual wells. Furthermore, a community water system may be required where a proposed subdivision with demonstrated groundwater quality problems, lies within an area where future hookup to a municipal water system is anticipated, such as within a designated sewer service area. Where more significant water quality problems exist, the Planning and Zoning Department may recommend denial of the proposed subdivision by the Planning and Zoning Committee.

Use of a water treatment system to meet acceptable water quality standards shall only be considered if the development includes a community well and distribution system, and an adequate maintenance association for the central community water supply and treatment system. Water treatment systems shall also be subject to approval by the Wisconsin Department of Natural Resources, as required by State Statutes. Treatment systems for individual wells shall not be permitted as a means for approval of new development.

(3)

Survey Monuments. The following shall apply:

(a)

The subdivider of a major subdivision shall install survey monuments in accordance with the requirements of Wis. Stats. § 236.15.

(b)

The subdivider of a county plat or minor subdivision shall install survey monuments in accordance with the requirements of Wis. Stats. § 236.34.

(4)

Storm Water Management and Construction Site Erosion Control.

(a)

General Requirements:

A storm water management plan shall be provided by the subdivider, at the determination of the Planning and Zoning Department. The subdivider or agent shall submit recommendations for storm water management, at the time of the submission of the sketch plat, in the case of a major subdivision, county plat, or minor subdivision. Storm water management plans shall be submitted over the signature and seal of a registered professional engineer, unless authorized otherwise by the Planning and Zoning Department. A registered professional engineer or certified surveyor, unless authorized otherwise by the Planning and Zoning Department, will be required to oversee installation of all storm water management features shown on the approved plans. Certification shall be required over the seal of the registered professional, unless authorized otherwise by the Planning and Zoning Department that the "as built" conditions substantially conform to the approved plans. This certification shall not release the subdivider from the responsibility to construct in accordance with approved plans until "as built" conditions have been approved by the governing Town and County.

The development is also required to meet all appropriate construction site and post-construction performance standards included in Wisconsin State Code Chapter NR 151, as well as any other applicable state or federal requirements. Any such requirements shall be incorporated into all storm water management plans submitted to the Planning and Zoning Department.

(b)

Design Considerations:

1.

The storm water runoff control plan prepared in compliance with this procedure policy shall consider and design for conditions unique to the site. Unique site conditions may include, but are not limited to: steep slopes, high water table; limited downstream drainage system; previously altered conditions; shallow soils; and smaller sites with limited available space. The design criteria for such unique site conditions, and other innovative design proposals, shall be agreed upon by the designer and the governing Town and County.

2.

Storm water management may include, but is not limited to, the use of the following: Diversions; Waterways; Detention and Retention Ponds; Infiltrations Basins; Culverts, including size and placement; Topography data at appropriate contour intervals; Road elevations (including private access), including placement of; and Seeding and Mulching. Such plans shall be based upon a 25-year storm event using a minimum runoff curve number (RCN) of 60. A higher storm event or RCN may be necessary when considering protection of water quality and/or preventing runoff onto adjacent property. The Planning and Zoning Department may require that drainage easements of widths sufficient to accommodate storm runoff, be provided.

3.

All storm water runoff control plans shall consider and design for the safety of the public. Low-grade side slopes and shallow shelves in the basin designs are encouraged. In some situations fencing may be necessary as determined by planning and zoning—minimum standards for fencing.

4.

All storm water runoff control plans shall consider the impacts of increased peak flow and/or increased volume to the capacity of the planned development and downstream drainage system. Culverts will require special design criteria set and/or approved by the governing Town and County.

5.

The design of storm water runoff control plan facilities shall be adequately sized for the contributing drainage area. The designer may opt to include the offsite drainage area in the plan facilities or to safely divert or route the offsite drainage flow around the plan facilities. Water from upstream of the development shall be conveyed through or diverted around the parcel so as to minimize erosion and flooding.

(5)

Sanitary Sewerage.

(a)

General Provisions:

1.

In areas that have a public sanitary sewer system on or near the proposed subdivision, the local municipality furnishing such service and the Planning and Zoning Committee shall determine the feasibility of service and the procedures to be followed by the subdivider in joining the system.

2.

The Planning and Zoning Committee may prohibit the installation of on-site waste disposal facilities requiring soil absorption systems and where such systems could have significant negative impacts on groundwater and surface water quality. The Committee may, with approval of the Department of Natural Resources, allow alternative or experimental methods of waste treatment and disposal. Plans for on-site waste disposal facilities not utilizing soil absorption systems shall be approved in writing by the Planning and Zoning Committee. The subdivider shall clearly indicate on the face of the plat or certified survey map in any deeds of conveyance that soil absorption systems are not to be used.

3.

Disposal facilities shall be constructed to meet the requirements of Chapter ILHR 83, Wisconsin Administrative Code, the standards set out in section 7.9, Portage County Ordinances, and other state and local requirements.

4.

The subdivider shall carry out soil tests in the manner required by Wis. Admin. Code Comm 83. Lots shall comply with the minimum areas and widths, and shall have the specified minimum areas free of limiting conditions to meet the requirements of Wis. Admin. Code Comm 83.

(b)

Determination of Suitability. The Planning and Zoning Department shall determine the suitability of a proposed development for soil absorption systems. Such determination shall be based on the soils maps contained in the Portage County Soil Survey together with the suitability ratings in Appendix C of this section. Where a proposed building sites(s) includes soils which are rated as having severe or very severe limitations for soil absorption systems, the subdivider may be required to provide further soil evaluations, including soil borings. Such evaluations shall be conducted by a certified soil tester.

Where said soil evaluations indicate that the site(s) in question is unsuitable for soil absorption systems, the plat or certified survey map or part thereof which is unsuitable shall not be approved for building unless an appeal is allowed under section 7.9.2(3) Portage County Ordinances.

(6)

Surface Water Management. Surface water management for the prevention of erosion and flooding shall be provided by the subdivider at the determination of the Planning and Zoning Department. The subdivider or agent shall submit recommendations for surface water management at the time of the submission of the sketch plat in the case of a major subdivision, county plat, or minor subdivision. Proper surface water management shall include, but not be limited to, the following:

(a)

Diversions;

(b)

Waterways;

(c)

Culverts and placement of;

(d)

Topography data at appropriate contour intervals;

(e)

Road elevations and placements of, including private access; and

(f)

Seeding and mulching.

(1)

Preliminary Consultation. Prior to the filing of an application for the approval of a preliminary plat, the subdivider shall consult with the Planning and Zoning Department and present a sketch plat of the preliminary plat area for review. At this review, or within 15 days thereafter, the Planning and Zoning Department shall inform the subdivider of any additions, changes, or corrections to the plat. The sketch plat shall be of reasonable accuracy, drawn to an appropriate scale, and include the following information:

(a)

Locational data including: boundaries of the property being considered for sale or development; a general description of all property owned or controlled by the subdivider contiguous to the proposed plat; the appropriate size/area of the parcel(s); names of the landowner(s) and surveyor; township, range and section in which the property is located; north arrow and scale; and date of the map;

(b)

Existing features including: roads, driveways/access points, utility easements, navigable waters, approximate location of the 100-year floodplain, and any other data pertinent to the preliminary consultation.

(2)

Preliminary Plat. The subdivider shall submit sufficient copies of the preliminary plat to the Planning and Zoning Department so that copies can be submitted by the Planning and Zoning Department to the agencies having authority to approve and object to plats under the provisions of Wis. Stats. §§ 236.10 and 236.12. The preliminary plat, based upon exterior boundary survey by a registered land surveyor, shall be in sufficient detail to determine if all requirements have been met, shall be shown on a map at a scale of one inch equals 100 feet, and shall include:

(a)

All information required on the sketch plat as per section 7.4.7(1);

(b)

A location sketch showing the location of the site with respect to surrounding roads and landmarks (not required for minor subdivisions), and any quarter-quarter section line, section line, township line, or range line within or abutting the proposed site;

(c)

Lot layout including widths or depths, the location and size of any principal or accessory structures together with their setbacks from any abutting road right-of-way and abutting lot lines;

(d)

Existing and proposed roads, utilities (the subdivider is encouraged to consult with appropriate utility companies prior to locating new utility easements), easements, parks, public access, community facilities and dedications or reservations of land;

(e)

Land characteristics including soil conditions, seasonally wet areas, rock outcrops and areas with slopes over 12 percent, delineation of the 100-year flood boundary and floodway boundary, waterways, ditches, and shorelines; at their discretion, the Planning and Zoning Department may also require appropriate topographic data to be shown;

(f)

Proposed filling, grading, lagooning, dredging, or surface drainage;

(g)

Delineation of any areas of restricted access along public roads which are within or abutting the proposed development, including access restrictions imposed by the Wisconsin Department of Transportation or by this section. This shall include the location of existing access points along both sides of the road(s), together with the required access separations as specified in section 7.4.6(1)(e)1.;

(h)

Proposed subdivision name and proposed road names;

(i)

Any proposed restrictive covenants for the land involved shall be stated;

(j)

Results of any required groundwater monitoring or testing as per section 7.4.6(2);

(k)

The approximate area, in square feet, of each lot and outlot, exclusive of road right-of-way. As pertains to county plats and minor subdivisions, the approximate area, in square feet, shall also be shown which is exclusive of road right-of-way. The exact area, in square feet, shall be shown on the final document;

(l)

The approximate area, in square feet, of any portion of a lot or outlot which is located within the boundaries of an incorporated municipality (city or village) and the approximate remaining area which is located outside the municipal boundaries. The exact area, in square feet, shall be shown on the final document.

The Planning and Zoning Committee shall approve, approve conditionally, or reject the preliminary plat within 90 days, as provided by Wis. Stats. § 236.11. Failure of the Planning and Zoning Committee to act within 90 days shall constitute approval, unless this time period is extended by mutual agreement with the subdivider.

(3)

Final Plat. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws including Wis. Stats. §§ 236.15, 236.20 and 236.21, and shall be submitted to those agencies having authority to approve or object to plats as provided in Wis. Stats. §§ 236.10 and 236.12, before any lots are sold. If desired by the subdivider, the final plat may consist of only that portion of the approved preliminary plat which he proposes to record at that time. However, such portion shall conform to all requirements of this section. Sufficient copies of a final plat of an approved preliminary plat or a portion thereof shall be submitted to the Planning and Zoning Committee within six months of the date of approval of the preliminary plat, otherwise their approval shall become null and void, unless an extension of time is applied for by the subdivider and granted by the Planning and Zoning Committee. The Planning and Zoning Committee or its designated agent, shall approve or reject the final plat within 60 days of its submission, unless the time is extended by agreement with the subdivider. If the Planning and zoning Committee or its designated agent fails to approve the final plat within 60 days, and if the time has not been extended, and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved.

(4)

Replat. When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in Wis. Stats. §§ 236.36 through 236.44. The subdivider, or person wishing to replat, shall then proceed as specified in sections 7.4.7(1) through 7.4.7(3).

"Procedures for Major Subdivision Review", 7.4.7 of the Portage County Code of Ordinances, shall be followed for County Plats with the exception that Planning and Zoning Staff may approve or conditionally approve the preliminary and/or final plat.

The subdivider shall consult with the Planning and Zoning Department and shall submit sufficient copies of a sketch plat as determined by the Department, which contains all information required under section 7.4.7(1) to the Planning and Zoning Department. Within 15 days of receiving copies of the sketch plat, the Planning and Zoning Department, as designated agent, shall take action to approve, conditionally approve, or refer such map to the Planning and Zoning Committee, unless time is extended by mutual agreement with the subdivider. The Planning and Zoning Department, as designated agent, shall have the authority to approve or conditionally approve a minor subdivision, however, the Planning and Zoning Committee is the only body having authority to reject a minor subdivision. Where a minor subdivision is conditionally approved or rejected, the conditions of approval or reasons for rejection shall be stated in writing. When the Planning and Zoning Department determines that a minor subdivision is to be referred to the Planning and Zoning Committee, the Department may require submittal of the minor subdivision ten days prior to the meeting at which it is to be considered. Minor subdivisions may be referred to the appropriate town board, municipality and utility companies for review and comment at the discretion of the Planning and Zoning Department.

The subdivider shall submit a minor subdivision, or portion thereof, to the Planning and Zoning Department for final approval within six months of the Department's last approval of the sketch plat, otherwise said approval shall become null and void, unless an extension of this time period is agreed to by the Planning and Zoning Department. The minor subdivision shall contain all information required under section 7.4.7(2)(a) through (l) and Wis. Stats. § 236.34.

All minor subdivisions shall be prepared in accordance with the requirements of Wis. Stats. § 236.34, pertaining to certified survey maps.

The subdivider shall record a minor subdivision, or portion thereof, in the office of the Portage County Register of Deeds within 90 days of the date of the final county approval, otherwise said approval shall become null and void, unless an extension of this time period is agreed to by the Planning and Zoning Department. An approved minor subdivision which subsequently becomes null and void under this section may be resubmitted to the Planning and Zoning Department for reapproval, but shall be subject to a resubmittal fee.

The Planning and Zoning Committee may permit modification from the provisions of this ordinance after holding a public hearing as provided in section 7.1.6(5) of the County Zoning Ordinance, except as provided in section 7.4.6(1)(e)5.

(1)

Conditions. The following conditions must apply:

(a)

Because of the unique topographic or other conditions of the land involved, literal application of the provisions of this ordinance would impose undue hardship;

(b)

Conditions are attached to plat or certified survey map approval that assure compliance with the requirements of this ordinance insofar as practical;

(c)

There is compliance with the provisions of Wis. Stats. ch. 236, and other relevant state laws; and

(d)

The purposes and intent of this ordinance are observed.

Fees shall be determined by the Planning and Zoning Committee and shall be paid to the Zoning Administrator at the time an application for a major subdivision, county plat or minor subdivision is filed with the Zoning Administrator. A schedule of such fees shall be made available by the Planning and Zoning Department. All such fees collected by the Zoning Administrator shall be remitted to the County Treasurer.

Cross reference— See App. A of this Chapter.

The provisions of this ordinance shall be enforced under the direction of the County Board of Supervisors, through the County Planning and Zoning Committee, the Planning and Zoning Department and the County law enforcement officers. Any person, firm, company, corporation, agent, contractor or subcontractor who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be subject to a fine of not less than $50.00, nor more than $1,000.00, together with the costs of action, and in default of payment thereof, to imprisonment in the county jail for a period of not less than one day nor more than six months, or until such fine and costs be paid, and each day of violation shall be deemed a separate offense.

In addition, the remedies provided by Wis. Stats. §§ 236.30, 236.32 and 236.335, shall be available to the County. Compliance may be enforced by injunctional order at the suit of the County or any affected landowner(s). The recording of a major subdivision, county plat or minor subdivision with the County Register of Deeds, where the document does not include all certificates and signatures of all approving authorities as required by this ordinance or State Statutes, shall constitute a violation of this ordinance; any person(s) who causes such a document to be recorded may be subject to penalty under this ordinance.

(Ord. of 9-20-1990; Ord. of 6-17-2008; Res. No. 137-2010-2012, 3-15-2011)

Cross reference— See App. A of this Chapter.