Zoning Ordinance Rewrite Advisory Committee — Agenda Packet

PORTAGE COUNTY MEETING AGENDA ZONING ORDINANCE REWRITE ADVISORY COMMITTEE PORTAGE COUNTY ANNEX CONFERENCE ROOM 5 1462 STRONGS AVENUE STEVENS POINT, WI 54481 Wednesday, August 5, 2026 4:00 PM REMOTE ATTENDANCE & COMMENT To attend this meeting by telephone: dial 1-872-242-7813, after dialing the number you will then be asked to enter in a meeting number. Use the following meeting number: 145 375 035, then press # To attend this meeting by video: Join the meeting now CALL TO ORDER 1. June 3, 2026, Advisory Committee Meeting Summary 2. Zoning & Subdivision Subcommittee meetings (Completed Wednesday, July 1) • July 1, 2026, Zoning Subcommittee Meeting Summary • July 1, 2026, Subdivision Subcommittee Meeting Summary 3. Project Team Tasks • Draft Land Division and Development Ordinance • Groundwater Protection PowerPoint Presentation NEXT MEETING DATE Wednesday, October 7, 2026 ADJOURNMENT Notice: Any person who has special needs and plans on attending this meeting in-person or remotely should contact the Facilities Office at 715-346-1598 as soon as possible to ensure that reasonable accommodations can be made. Notice: Remote comment by the public during the meeting will be at the discretion of the Chair. Notice: A quorum of the Portage County Board of Supervisors, or any committee thereof, may be present at this meeting. 7044 S. Ballpark Drive, Suite 200 • Franklin, WI 53132 • (414) 336-7900 - 1 - Meeting Summary ZORAC Meeting Notes June 3, 2026 Project Overview o Overview of today’s meeting agenda. o Overview from Orrin Sumwalt on the May Zoning / Subdivision subcommittee meetings. ▪ Zoning Committee • Discussion on intensity standards • Confirmation that agricultural districts will not be combined • Discussion on updated draft land use table • Discussion on elimination of REC district. • Discussion on ADU standards ▪ Subdivision Committee • Discussion on ordinance structure • Discussion on review processes and procedures • Discussion on major vs minor land division processes Solar Regulations Overview o Overview of Comprehensive Plans elements related to Solar o Overview State of Wisconsin and Public Service Commission roles • Certificate of Authority Overview • Certificate of Public Convenience and Necessity Overview • Process flow chart • Discussion on local intervention o Overview of previously approved solar projects in Portage County ▪ Vista Sands ▪ Porchlight Solar ▪ Portage Solar o Overview and discussion on solar standards o Discussion on solar within the land use matrix Next meeting Date o August 5, 2026 7044 S. Ballpark Drive, Suite 200 • Franklin, WI 53132 • (414) 336-7900 - 1 - Meeting Summary Zoning Subcommittee Meeting Notes July 1, 2026 Locally unwanted land use standards and discussion o Foth provided an overview of the proposed standards for the following uses ▪ Utility Scale Solar ▪ Battery Energy Storage Systems (BESS) ▪ Data Centers o The committee discussed the importance of maintaining strong local standards even for projects that may ultimately be reviewed through the Public Service Commission (PSC) process, as those standards may strengthen local participation during PSC review. o Solar scorecard discussion o Zoning District Discussion ▪ The primary policy discussion focused on whether these LULU uses should: • Remain conditional uses within existing zoning districts; or • Require rezoning into a newly created zoning district before obtaining conditional use approval. ▪ Discussion acknowledged that a rezoning process may provide greater local control but could require future comprehensive plan updates and additional administrative work. ▪ Committee discussion generally favored creating a separate zoning district for these intensive land uses. ▪ Committee members discussed how zoning district changes would interact with local comprehensive plans. Next Steps o Foth will continue refining standards for solar facilities, battery energy storage systems, and data centers. o Foth will prepare options for a potential new zoning district for intensive land uses. o Staff and committee members are encouraged to review and provide comments on the proposed standards and ordinance language. o Future ordinance work will begin shifting toward procedural, administrative, and process-oriented sections of the zoning code. Next meeting Date o September 2, 2026 7044 S. Ballpark Drive, Suite 200 • Franklin, WI 53132 • (414) 336-7900 - 1 - Meeting Summary Subdivision Subcommittee Meeting Notes July 1, 2026 Project Overview o Meeting focused on review of the draft Land Division and Development Ordinance and discussion of several key subdivision standards requiring policy direction from the Subcommittee. o Discussion topics ▪ Minor lot line adjustments ▪ Private streets ▪ Share access drives ▪ Double and reverse frontage lots ▪ Limited access highways and parallel streets ▪ Cul-de Sac Length ▪ Access and driveway spacing ▪ Traffic Impact studies ▪ Buildable area vs minimum lot size ▪ Urban vs Rural development standards Next Steps o Takeaway from the meeting is to focus next steps on ▪ Rural versus urban development standards ▪ Access control and spacing standards ▪ Buildable area requirements ▪ Right-of-way dedication provisions ▪ Procedural and approval requirements Next meeting Date o September 2, 2026 7.4 PORTAGE COUNTY LAND DIVISION AND DEVELOPMENT ORDINANCE DRAFT Sections: 7.4.1 Statutory Authority and Purpose (1) Statutory Authority (2) Purpose 7.4.2 General Provisions (1) Compliance (2) Exclusions (3) Abrogation and Greater Restrictions (4) Interpretation (5) Severability and non-liability (6) Repeal (7) Effective Date 7.4.3 Land Suitability 7.4.4 Dedications and Reservations and Protection of Lands 7.4.5 Design Standards (1) General requirements (2) Street arrangements (3) Limited access highway and railroad right-of-way treatments (4) Street, bicycle, and pedestrian/recreation way design standards. (5) Street intersections (6) Blocks (7) Lots (8) Building setback lines (9) Easements (10) Protection of natural resources (11) Park, open space and other public sites (12) Other related design requirements 7.4.6 Improvements (1) General requirements. (2) Survey monuments. (3) Grading. (4) Street surfacing. (5) Removal of temporary turnarounds. (6) Curbs and gutters. (7) Rural street sections. (8) Sidewalks and pedestrian/recreational paths. (9) Sanitary sewage disposal facilities. (10) Stormwater management facilities. (11) Water supply facilities. (12) Other utilities. (13) Street lamps. (14) Street and traffic control signs and signals. (15) Street trees. (16) Landscaping. (17) Shoreland planting and erosion and sedimentation control. (18) Improvements extended to limit of parcel or lot. 7.4.7 Procedures for Major Subdivision Review (1) Pre-application consultation (2) Completeness review of application (3) Preliminary plat review (4) Preliminary plat approval (5) Final plat review (6) Final plat approval 7.4.8 Procedures for County Plat Review 7.4.9 Procedures for Minor Subdivision Review (CSM) (1) Completeness review of application (2) Certified Survey Map review (minor land division) (3) Certified Survey Map approval (minor land division) (4) Review and approval of extraterritorial subdivision plats and certified survey maps. 7.4.10 Modifications (1) Exceptions and modifications 7.4.11 Fees (2) General requirements (3) Plat and certified survey map review fees. (4) Engineering and inspection fees (5) Other fees 7.4.12 Enforcement and Penalties (1) Violations (2) Penalties and remedies 7.4.13 Open Space Design Option (1) Intent (2) Objectives (3) Application of the Open Space Design Option (4) Primary and Secondary Open Space. (5) Development Requirements (6) Minimum Design Standards (7) Site Analysis and Design Process (8) Site Review Principles (9) Management of Open Space 7.4.14 Definitions 7.4. Land Division and Development 7.4.1 Statutory Authority and Purpose This Ordinance shall be known as the “LAND DIVISION AND DEVELOPMENT ORDINANCE, PORTAGE COUNTY, WISCONSIN” and is referred to as the “Ordinance” in this Chapter. (1) Statutory Authority The regulations of this Ordinance are adopted under the authority granted by Sections 59.692, 236.45, 281.31, and 703.115 of the Wisconsin Statutes. (2) Purpose The purpose of this Ordinance is to regulate and control the division and development of land within the unincorporated areas of Portage County in order to promote and protect the public health, safety, morals, prosperity, aesthetics and general welfare of the County. It is the general intent of this Ordinance to regulate the division and development of land so as to: (a) Promote the wise use, conservation, protection, and proper development of the County’s soil, water, wetland, woodland, and wildlife resources, and to achieve a balanced relationship between land use and development to the supporting and sustaining natural resource base; (b) Promote healthy, livable communites with a range of housing types; (c) Provide proper Ingress to and egress from development sites; (d) Further the orderly layout and appropriate use of land; (e) Avoid the harmful effects of premature division or development of land; (f) Secure safety and resiliency from disastrous storms, fire, flooding water pollution, disease, and other hazards to help minimize expenditures for disaster relief and mitigation projects; (g) Provide adequate light, air, and water; (h) Promote complete street designs and a range of transportation choices; (i) Facilitate adequate provision for housing, transportation, bicycling, pedestrian/recreation ways, water, sewerage, stormwater management, schools, parks, playgrounds, and other public facilities and services; (j) Further the sustainability of the County and local communities by accommodating green development and infrastructure; (k) Prevent and control erosion, sedimentation, and other pollution of surface and subsurface waters; (l) Preserve natural vegetation and cover to the extent practicable, and promote the natural beauty of the County and towns; (m) Preserve the distinct character of hamlets, towns, villages, woodlands, urban neighborhoods, and rural agricultural areas, as appropriate; (n) Restrict building sites on areas covered by poor soils or in other areas poorly suited for development; (o) Facilitate the further division of larger tracts into smaller parcels of land in accordance with adopted comprehensive plans; (p) Ensure adequate legal description and proper survey monumentation of divided land; (q) Provide for the administration and enforcement of this ordinance; (r) Provide Penalties for its violation; and (s) Implement those municipal, county, watershed, or regional comprehensive plans or their components adopted by the County and towns and facilitate enforcement of County and town development standards as set forth in adopted regional, County and town comprehensive plans, adopted plan components, the County zoning ordinance, town building codes and land division ordinances, the Countywide Bicycle & Pedestrian Plan adopted by Portage County, and the Historic Road Register Maps maintained utilized by the Portage County Highway Department. 7.4.2 General Provisions (1) Compliance No person, firm, or corporation shall divide any land, unless specifically exempted under the Ordinance, located within the jurisdictional limits of these regulations and which results in a subdivision, minor land division, condominium, or replat as defined herein; no such subdivision, minor land division, condominium, or replat shall be entitled to recording; and no street shall be laid out or improvements made to land without compliance with all requirements of this Ordinance and the following: (a) Provisions of Chapters 236 of the Wisconsin Statutes for proposed land divisions. (b) Provisions of Chapter 703 of the Statutes for proposed condominiums. (c) All Applicable Local and County Regulations, including zoning, land division, erosion and stormwater management, sanitary, building, and official mapping ordinances. (d) Comprehensive Plans or plan components adopted by the County or town boards. (e) Rules of the Wisconsin Department of Safety and Professional Services regulating lot size and lot elevation for proper sanitary conditions if any lot or unit is not served by a public sewer and provisions for such service have not been made. (f) Rules of Wisconsin Department of Transportation and the Portage County Highway Department relating to provision for the safety of entrance upon and departure from County and State trunk highways or connecting highways or streets and for the preservation of the public interest and investment in such highway systems if the land owned or controlled by the subdivider abuts on a County or State trunk highway or connecting highway or street. (g) Rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within floodplain, wetland, and shoreland areas. (h) Rules of the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency. (i) All Other applicable ordinances and State and Federal regulations. (2) Exclusions (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 ____ 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. (3) Abrogation and greater restrictions. It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater restrictions and such restrictions do not contravene rights under law, the provisions of this Ordinance shall govern, except that this Ordinance may not modify in a more restrictive way time limits, deadlines, notice requirements, or other provisions of Chapter 236 of the Wisconsin Statutes that provide protections for a subdivider in accordance with Section 236.45(2)(ac). (4) Interpretation. The provisions of this Ordinance shall be interpreted to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. (5) Severability and non-liability. (a) Severability. If any section, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. (b) Non-Liability. The County does not guarantee, warrant, or represent that only those areas designated as floodplains on plats and certified survey maps will be subject to periodic inundation and that those soils listed as being unsuited for specific uses are the only unsuited soils within the County and thereby asserts that there is no liability on the part of the County Board, its agencies or agents, or employees for flooding problems, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this Ordinance. (6) Repeal. All other ordinances or parts of ordinances of the County inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed. (7) Effective date. This Ordinance and amendments thereto shall be effective after a public hearing, adoption by the County Board of Supervisors, and publication or posting as required by law. 7.4.3 Land Suitability Lands shall not be divided that are determined to be unsuitable for such use by the County planning and zoning committee or town board for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents or occupants of the proposed land division, or the County or town, or poses an imminent harm to the environment. In addition: (a) Floodplains. (1) Lots served by public sanitary sewerage facilities shall contain at least the minimum required lot area, as specified in the County zoning district regulations, outside of the 1 percent annual probability (100-year recurrence interval) flood as identified by the Federal Emergency Management Agency (FEMA) and be contiguous to lands outside of the floodplain limits. Where such data is not available, the floodplain elevation shall be determined by a professional engineer or professional land surveyor and the sealed documents be reviewed and approved by the County engineer. (2) Lots served by a private onsite wastewater treatment system (POWTS) shall contain at least 40,000 square feet of land outside of the 1 percent annual probability flood as identified by FEMA and be contiguous to land outside of the floodplain limits. Where such data is not available, the floodplain elevation shall be determined by a professional engineer or professional land surveyor and the sealed documents be reviewed and approved by the County engineer. (3) Undeveloped lands that access or would access existing streets located within the 1 percent annual probability floodplain may not be subdivided for residential, commercial, manufacturing, or institutional uses unless an alternative access is provided to streets located outside of such floodplain or meet the provisions of Section ____ of this Ordinance or the floodplain provisions in the Portage County Zoning Ordinance. (b) Lands Altered or Filled shall not be divided into building sites which are to be served by POWTS except where soil tests performed by a certified soil tester clearly show that the soils are suited to such use. Soil reports shall include, but need not be limited to, an evaluation of soil permeability, depth to bedrock, soil compaction and depth to groundwater or seasonal water table determined by using redoximorphic features or other methods approved by the governing agencies having jurisdiction. To accomplish this purpose, a minimum of one test per acre shall be made initially where in situ soils or altered sites dictate such frequency. The town or County does not guarantee, warrant, or represent that the required samples represent conditions on an entire property and thereby asserts that there is no liability on the part of the town or County board, its agencies, agents, or employees for sanitary problems or structural damages that may occur as a result of reliance upon such tests. The POWTS evaluation requirements specified herein shall be followed and any additional relevant requirements specified in Chapter 7, Section 7.9, “Private Sewage System Ordinance,” of the County municipal code. (c) A Soil and Site Evaluation shall be required, or an evaluation as determined by the POWTS regulatory staff (i.e. Administrator), for any lands proposed to be divided that contain an existing POWTS installed before July 1, 1980, and/or is intended to continue operation in order to establish and designate a replacement area for a future POWTS, other than or except a holding tank. The evaluation report shall include a soil test at or near the existing POWTS. Such existing POWTS, including holding tanks, that will continue to serve an existing structure and is a part of or a remnant parcel of a subdivision plat or certified survey map shall be evaluated by a Wisconsin licensed master or master restricted service plumber or POWTS inspector to document compliance with the requirements of Chapter SPS 383 of the Wisconsin Administrative Code. The evaluator shall provide to the POWTS regulatory staff a written report regarding its compliance. Any POWTS found not to be in compliance with Chapter 383 or other sections or chapters of the Wisconsin Administrative Code governing POWTS shall be in violation of Chapter 7, Section 7.9 of the County municipal code and must have a Sanitary Permit issued for a replacement POWTS prior to or at the time of application submittal to the County for a land division approval. The County will issue orders and require the owner/subdivider to enter into an installation agreement with the County as part of the land division application. The owner/subdivider must install the permitted replacement POWTS within one (1) year from the date of Sanitary Permit issuance. The use of holding tanks to serve proposed land divisions for new residential development is prohibited in accordance with the provisions in Chapter 7, Section 7.9 of the County municipal code. (d) Lands Having a Slope of 12 percent or more may be required by the County planning and zoning committee or town board to be maintained in natural open uses. Lots shall have at least its minimum required lot area or 20,000 square feet, whichever is less, in slopes of less than 20 percent. Proposed POWTS area shall have slopes of 25 percent or less and, if the absorption area for POWTS contains slopes exceeding 18 percent, there shall be sufficient available area for both a primary and replacement POWTS absorption area. Where in situ soils exist and land slope reduction or modification (i.e. shaping, grading, cutting, filling, or other alteration from existing conditions) is proposed in the POWTS area, a soil test (morphological evaluation) shall be conducted to determine that sufficient suitable in situ soils remain for a proposed inground or subsurface POWTS system. The proposed use of pretreatment devices for POWTS shall not be allowed as an alternative or used in lieu of meeting the in situ soil standards stated in this Ordinance. The slope and altered area shall provide sufficient topography alteration to prevent surface or subsurface water ponding which may adversely affect the POWTS performance. Surface designed POWTS may be prohibited on such described soils. (e) Lands Having Bedrock within 7 feet of the natural undisturbed surface shall not be divided into building sites to be served by POWTS, unless the sites are compliant with standards set forth in Chapter 7, Section 7.9 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the Wisconsin Department of Safety and Professional Services (SPS) most recent edition of POWTS design component manuals. The minimum depth of suitable soil over bedrock must comply with the specifications set forth in Table 383.44-3 of Chapter SPS 383, or any amendments or replacements thereto. The depth of soil required over bedrock will be dependent on soil texture, soil structure, and the quality of the influent entering the proposed soil dispersal area. The land division layout shall permit the infiltrative surfaces of dispersal cells to be located at least 36 inches above bedrock. (f) Lands Having Permanent Groundwater and/or Seasonal Water Table (as determined by redoximorphic features or other approved methodology) within 7 feet of the natural undisturbed surface shall not be divided into building sites to be served by POWTS unless the sites are compliant with standards set forth in Chapter 7, Section 7.9 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the SPS most recent edition of POWTS design component manuals. The minimum depth of unsaturated soil above seasonal groundwater must comply with the specifications set forth in Table 383.44-3 of Chapter SPS 383, or any amendments or replacements thereto. The land division layout shall permit the infiltrative surfaces of dispersal cells to be located at least 36 inches above the highest groundwater elevation as estimated utilizing soil redoximorphic features. At least 6 of the 36 inches of soil separation required shall be comprised of an in situ (original or natural glaciated form) soil type for which soil treatment capability is credited under the aforereferenced Table. Seasonal soil saturation shall be assumed to reach the ground surface where redoximorphic features are present within 4 inches of the bottom of the “A” horizon. Soils meeting this “A + 4” criteria shall contain at least in situ soil formed in place, as described above, and at least 4 inches of unmottled soil of a “B”, “E”, or “ C” soil characteristic horizon directly below the in situ “A” horizon or non-redoximorphic features. (g) Land Covered by Soils Having Coarse Textures such as sand, course sand, loamy sand, and loamy coarse sand with more than 35 percent coarse fragment content shall have “described” soils of 5 or more feet below proposed POWTS elevation. The described soils shall not contain limiting characteristics other than coarse fragment quantity to be deemed acceptable for POWTS. When at surface POWTS are proposed on the aforementioned soils and soil conditions, the in situ surface soils must remain unaltered to preserve site suitability for accommodating a POWTS. A percolation rate slower than 120 minutes per inch or a soil load rate of less than 0.20 gallons per square foot per day shall not be divided into building sites to be served by POWTS unless compliance with Chapter 7, Section 7.9 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the SPS most recent edition of POWTS design component manuals can be demonstrated. The use of pretreatment devices in a POWTS design to make a proposed land division site suitable for POWTS in lieu of the site meeting the abovementioned soil standards shall be prohibited. (h) Lands Drained by farm drainage tile or farm ditch systems shall not be divided into building sites to be served by POWTS unless compliance with Chapter 7, Section 7.9 of the County municipal code, Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, and the SPS most recent edition of POWTS design component manuals can be demonstrated. (i) The County Planning and Zoning Committee or town board, in applying the provisions of this Section, shall in writing recite the particular facts upon which it based its conclusion that the land is not suitable for a proposed use and afford the subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Committee or town board may affirm, modify, or withdraw its determination of unsuitability. 7.4.4 Dedications and Reservations and Protection of Lands. (a) Streets, Highways, and Drainageways. Whenever a land division encompasses all or any part of a street, highway, drainageway, other public way or public access to navigable lakes, rivers, or streams, which has been designated in the adopted County or town comprehensive plans or adopted plan components or on the Historic Road Register Maps of Portage County, said public way shall be made a part of the plat or certified survey map and dedicated or reserved, as determined by the County or town, by the subdivider in the locations and dimensions indicated on said plans or map and as set forth in Section __ of this Ordinance. (b) Park and School Sites. Park, playground, and school sites shall be dedicated or reserved in accordance with Section ____. (c) Protection of Open Space. Whenever land to be divided encompasses all or any part of open space lands, as defined in Section __, such open space land shall be protected. Acceptable means of protection shall include, but not be limited to, the following: (1) Reservation or dedication to the town, County, or State. (2) Donation to a nonprofit conservation organization. (3) Conservation easement. (4) Deed restriction or restrictive covenant. Common open space to be permanently preserved shall be protected by providing a deed restriction or restrictive covenant that prohibits any land division or development of said open space, except limited recreational amenities as approved by the agency or organization having jurisdiction. 7.4.5 Design Standards (1) General requirements. All plans and specifications for land divisions and condominium developments shall comply with design standards established herein and in adopted County and town ordinances, comprehensive plans or components thereof while accommodating alternative sustainable or green-related design standards where appropriate. Such plans and specifications shall also comply with design related requirements in Section ____ “Required Improvements,” and Section ____, “Construction,” of this Ordinance. (2) Street arrangements. In any new land division or condominium, the street layout shall conform to the arrangement, width, and location indicated on the Historic Road Register Maps, comprehensive plan or component neighborhood development plan. Subdivisions shall be so designed as to be within the capability of the land and water resources, least disturb the existing terrain, flora, fauna and water regimen; and meet all the use, site, sanitary, floodplain, and shoreland regulations contained in the town, County, and State ordinances and regulations. In areas for which such plans have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas. The land division or condominium shall be designed so as to provide each lot with satisfactory access to a public street. In addition: (a) Arterial streets shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect. (b) Collector streets shall be arranged so as to provide ready collection of traffic from residential areas and conveyance of this traffic to the arterial street and highway system and shall be properly related to the mass transit system, to special traffic generators such as schools, churches, shopping centers, and other concentrations of population, and to the arterial streets to which they are to connect. (c) Local roads/streets, sometimes called minor land-access streets, shall be arranged to conform to the topography, to discourage use by through traffic, to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property. (d) Proposed Streets shall extend to the boundary lines of the lot, parcel, or tract being subdivided or developed unless prevented by topography or other physical conditions or unless the County Planning and Zoning committee finds that such extension is not necessary or desirable for the coordination of the layout of the land division or condominium or for the advantageous development of the adjacent lands. (e) Arterial Street and Highway Protection. Whenever the proposed land division or condominium contains or is adjacent to an arterial street or highway, adequate protection of residential properties, limitation of access to the arterial street or highway, and separation of through and local traffic shall be provided by reversed frontage or by use of frontage, cul-de–sac, or looped streets. A restricted non- access easement along any property line abutting an arterial street or highway shall be required (see Sections ____). Permanent screening such as earth berms, decorative walls or fencing, landscape plantings, or any combination thereof, shall be required in any restricted non-access area (see Section ______). (f) Public Access to All Navigable Stream or Lake Shores. See Section ______. (g) Reserve or Development Access Control Strips shall not be allowed on any plat or certified survey map to control access to streets or alleys, except where control of such strips is placed with the town or County under conditions approved by the County Planning and Zoning committee. (h) Access shall be provided in commercial, industrial, and mixed-use areas for off-street loading/unloading and service areas. (i) Street Names shall be approved by the County in coordination with the town and in accordance with Chapter _, “Road Naming and Building Numbering,” of the Portage County Code of Ordinances. New street names shall not duplicate or be similar to existing street names, unless the proposed streets are extensions or continuations of others already in existence and, therefore, shall bear the names of the existing streets. (j) Private Streets may be allowed only in sewered planned unit developments and are subject to town and County approval. All lots shall abut upon a public street or other officially approved means of access, such as a private street. [Code § ____] (3) Limited access highway and railroad right-of-way treatments. Whenever the proposed land division or condominium contains or is adjacent to a limited access highway or railroad right-of-way, the design shall provide the following treatment: (a) Non-Access Easement and Planting Area. When lots within the proposed land division or condominium back upon the right-of-way of an existing or proposed limited access highway or railroad, a non-access easement (See Section ______) and planting strip (sometimes called a landscaped buffer yard) at least 20 feet in depth and/or width shall be provided adjacent to the highway or railroad in addition to the normal lot depth and/or width. The minimum lot depth and/or width, where applicable, for the land division shall be increased 20 feet to accommodate the non- access easement and planting strip. Where a pedestrian and/or bicycle/recreation path is proposed in the strip by the subdivider or required by the town or County, this strip shall be increased to 30 feet. This strip shall be a part of the lots and shall have the following restriction lettered on the face of the plat or certified survey map: “This strip is reserved for the planting of trees and shrubs. Bicycle and pedestrian facilities and access may also be permitted. No motor vehicle access shall be permitted across this area. The building of all structures, except public or private utilities structures, is prohibited hereon.” (b) In Commercial and Industrial Districts, streets shall be provided on each side of the limited access highway or railroad right-of-way that are approximately parallel to and at a suitable distance from such highway or railroad for the appropriate use of the land between such streets and highway or railroad, but not less than 150 feet. (c) Streets Parallel to a Limited Access Highway or railroad right-of-way, when intersecting a major street and highway or collector street which crosses said railroad or highway, shall be located at least 300 feet from said highway or railroad right-of-way or at a distance as determined by the town or County engineer. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients. (d) Minor Streets immediately adjacent and parallel to railroad rights-of-way shall be avoided in residential areas. (e) Cross – and Shared – Accesses. See Section ______. [Code § _______] (4) Street, bicycle, and pedestrian/recreation way design standards. (a) Cross – Sections. The minimum right-of-way and roadway width of all proposed streets shall be as specified by this Ordinance, town and County comprehensive plan or component, County Historic Road Register Maps or jurisdictional highway system plan, or neighborhood development plan, and in accordance with plans and specifications approved by the town and, if applicable, County. If no right- of-way width is specified therein, the minimum widths shall be as specified in Table _____. Table ______. MINIMUM RIGHT-OF-WAY WIDTH REQUIREMENTS FOR STREETS AND OTHER PUBLIC WAYS Urban Street Minimum Right-of-Way Width Arterial As shown on the County Historic Road Register Maps but generally not less than 130 feet Collector 80 feet Minor 66 feet Pedestrian and Bicycle/Recreation Path 20 feet Cul-de-sac Turn-around 65-foot radius Rural Street Minimum Right-of-Way Width Arterial As shown on the County Historic Road Register Maps but generally not less than 130 feet Collector 80 feet Minor 66 feet Pedestrian and Bicycle/Recreation Path 20 feet Cul-de-sac Turn-around 65-foot radius Note: Refer to Section 82.50 of the Wisconsin Statutes for minimum cross-sections for town roads. a Right-of-way width for combined pedestrian, bicycle, and recreation ways separate from street rights-of-way. (b) Urban and Rural Arterial Street and Highway Cross-Section Standards shall not apply to freeways and expressways. Freeway and expressway systems shall be based upon detailed engineering studies approved by the County highway commission, the Wisconsin Department of Transportation, Division of Transportation System Development, or the U.S. Department of Transportation, Federal Highway Administration. (c) Cul-de-Sac Streets designed to have one end permanently closed shall not exceed 1,000 feet in length, unless otherwise approved by the town board and provisions are made for adequate emergency access. For lengths proposed to exceed 1,000 feet, the subdivider shall present extraordinary circumstances forcing the use of such lengths due to exceptional environmental constraints, the preservation of hilltops, irregular tract shape, or other limiting factors; however, provisions for adequate emergency access must still be provided. Cul-de-sac streets shall typically terminate in a circular or “teardrop” turn-around having a minimum right-of-way radius as specified in Illustration No. ___, depending on the type of design configuration, if landscape islands are provided, and other factors as noted. The design, size, construction, and maintenance of a cul-de-sac shall be as determined by the town board, after considering a recommendation from the town engineer, based in part on the minimum design standards specified in Illustration No. ____. Such turnarounds with landscape planting islands, including “eyebrow” turnarounds (half circular cul-de-sacs or looped streets), may be allowed provided that the islands are maintained by private means such as a homeowners or condominium association. The town may require curb and gutter at the perimeter of such islands (also see Section ______.). (d) Temporary Termination of streets intended to be extended at a later date shall be accomplished with the construction of a temporary circular – or “T”-shaped turnaround within the street right-of-way. Temporary turnarounds must be connected and extended when the adjoining property is developed. If the right-of-way for the temporary turnaround is wider than 66 feet, then the wider “bump-out” portion shall be a temporary easement which shall eventually be removed or vacated when the subject road is extended and constructed in accordance with the provisions of Section ______ of this Ordinance. Required front yards or building setbacks would be measured from the street right-of-way that is to be permanently dedicated. (e) Bicycle and Pedestrian/Recreation Ways with a right-of-way, outlot, or public access easement width of not less than 20 feet may be required where deemed necessary by the town or County to provide adequate bicycle, pedestrian, and other recreational circulation or access to schools, parks, houses of worship, shopping centers, or transportation facilities. Bicycle and pedestrian/recreational paths in wooded and wetland areas shall be so designed and constructed as to minimize the removal of noninvasive trees, shrubs, and other vegetation, and to preserve the natural beauty of the area. Also see Sections ______ for requirements that may affect such facility design. Design specifications should be determined during engineering studies for specific street and highway projects, and should be based on recommendations in the most recent edition of the “Guide for the Development of Bicycle Facilities,” published by the American Association of State Highway and Transportation Officials (AASHTO); the “Wisconsin Bicycle Facility Design Handbook”, “Facilities Development Manual,” published by the Wisconsin Department of Transportation, Portage County Bike and Pedestrian Plan, and County Comprehensive Safety Action Plan. Signing, traffic control devices, and striping configurations for bicycle facilities should be provided in accordance with the most recent edition of the “Manual on Uniform Traffic Control Devices,” also published by AASHTO. (f) Grades. (1) Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and indiscriminate leveling of the terrain. All changes in street grades that exceed one (1) percent shall be connected by vertical curves that meet the standards for “stopping” sight distance established in AASHTO, “A Policy on Geometric Design of Highways and Streets”. (2) Unless necessitated by exceptional topography and subject to the approval of the town or County Planning and Zoning committee, the maximum centerline grade of any street or public way within public street rights-of-way shall not exceed the following: a. Arterial streets: 6 percent. b. Collector, minor, frontage, and cul-de-sac streets: 8 percent. c. Sidewalks/Pedestrian ways: 8 percent. Where a sidewalk/pedestrian way runs along an existing roadway with a grade that exceeds 8 percent, the sidewalk/pedestrian way may also exceed 8 percent but shall be less than or equal to the existing roadway grade in accordance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG). (3) The grade of any street shall in no case exceed 10 percent or be less than one-half of one (0.5) percent for streets with an urban cross section, or less than one (1) percent for streets with a rural cross section, unless otherwise approved by the town or County. (4) See Section ______ for grades at street intersections. (g) Crowns. Unless otherwise approved, roadway pavements shall be designed with a centerline crown. Offset crowns or continuous cross-slopes may be utilized upon approval of the town or County engineer. (h) Radii of Curvatures. When a continuous street centerline deflects at any one point by more than 7 degrees, a circular curve shall be introduced having a radius of curvature on said centerline of not less than the following: (1) Arterial streets and highways: 500 feet. (2) Collector streets: 300 feet. (3) Minor streets: 100 feet. Minimum curve radii shall be further based on the consideration of traffic speed, sight distances, and other factors. A tangent at least 100 feet in length shall be provided between reverse curves on arterial and collector streets. (j) Half – Streets. Where an existing dedicated or platted half-street is adjacent to the proposed land division, the other half of the street shall be dedicated by the subdivider. The platting of new half- streets should be avoided where possible. (j) Street Elevations in Floodplains. Elevations of streets passing through floodplains shall be designed in the following manner: (1) At least 2 feet above the 2 percent annual probability (50-year recurrence interval) flood elevation for arterials streets. (2) At least 2 feet above the 10 percent annual probability 10-year recurrence interval) flood elevation for collector and minor streets. (3) Freeways, expressways, and railways shall be designed so that they will not be overtopped by the 1 percent annual probability (100-year recurrence interval) flood. (k) Bridges and Culverts. All new and replacement bridges and culverts carrying highways and arterial streets over waterways, in addition to meeting other applicable requirements, shall be designed to accommodate the 1 percent annual probability (100-year recurrence interval) flood flow, with the upstream or downstream high water elevation not to exceed a level of 2 feet below the roadway elevation and no hydraulic head loss through the structure. Waterway openings of all new bridges and culverts carrying collector and minor streets and pedestrians over waterways shall be adequate to accommodate the 4 percent annual probability (25-year recurrence interval) flood flow, and with upstream or downstream highwater elevation not to exceed a level of 2 feet below the roadway elevation and no hydraulic head loss through the structure. However, the combination of the waterway opening and the approach road elevations on the floodplains shall not increase the flood stages, either upstream or downstream, upon the occurrence of the 1 percent annual probability (100-year recurrence interval) flood established by the Federal Emergency Management Agency. Flood stage increases may be acceptable for reaches having topographic or land use conditions which could accommodate increased stages without creating additional flood damage potential upstream or downstream of the proposed structure, provided flood easements or other appropriate legal arrangements have been secured with all affected units of government and property owners and local zoning ordinances affected by the increase in the flood stage are amended. Such bridges and culverts shall be so designed and constructed as to facilitate the passage of ice floes and other debris. New and replacement bridges shall be constructed in accordance with applicable State regulations and shall be submitted to the Wisconsin Department of Natural Resources, excluding ordinary maintenance repair or resurfacing of such bridges, to assure compliance therewith. (l) Street Curb and Gutters. See Section ______. (m) Passing and Acceleration/Deceleration Lanes. When the land to be subdivided is proposed to have a street connection to an arterial street or highway, the town, Planning and Zoning committee or County Highway Department, after considering a recommendation from the town or County engineer, may require that the subdivider install a “passing” or “bypass” lane adjacent to the traffic lane opposite the intersection as well as an acceleration and a deceleration lane adjacent to the traffic lane nearest the intersection, all of which shall be approved by the town or County engineer. [Code § _____] (5) Street intersections. (a) Right Angle. Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. (b) Hills. The location of street intersections immediately below the crest of hills shall be avoided. (c) Number of Streets Converging at one intersection shall be reduced to a minimum, preferably not more than two. (d) Number of Intersections along arterial streets and highways shall be held to a minimum. Wherever practicable, the distance between such intersections shall not be less than 1,200 feet. (e) Corner Curves. Property lines at street intersections shall be rounded to an arc with a minimum radius of 15 feet or of a greater radius when required by the town or County engineer, or shall be cut off by a straight-line through the points of tangency of an arc having a radius of 15 feet or greater. (f) Grades. Intersections shall be approached on all sides by grades not to exceed 3 percent for a distance of no less than 100 feet from property/right-of-way lines of said intersection, unless exceptional topography would prohibit these grades. (g) Minor and Collector Streets shall not necessarily continue across arterial streets; but, if the distance between the centerline intersection of such streets is less than 300 feet measured along the centerline of the arterial street, then the location of the collector and/or minor street shall be so adjusted that the distance is increased or the alignment/adjoinment across the intersecting street is continuous and a jog is avoided. Such jogs for minor and collector streets intersecting other minor or collector streets shall not be less than 125 feet, otherwise the distance shall be increased or said streets shall be adjusted to be continuous in alignment. (h) Curb Ramps or Openings. On all streets where curbs and sidewalks or pedestrian/recreation paths are required by the town or County, ramps or openings to accommodate people with disabilities, including individuals in wheelchairs and personal assistive mobility devices, shall be provided in accordance with Section 66.0909 of the Wisconsin Statutes and Americans with Disabilities Act Accessibility Guidelines (ADAAG) requirements. (i) Vision Corner or Clearance Easements shall be provided at street and highway intersections as required by Section_____ and shown in Illustration No. ____ of the Portage County zoning ordinance and by any approving or objecting authority concerned. (j) Street Signs and Signals. See Section _____ and ____ of this Ordinance. [Code § _____] (6) Blocks. The widths, lengths, shapes, and orientation of blocks shall be suited to the planned use of the land, including supporting green development; zoning requirements; need for convenient pedestrian, bicycle, and motor vehicle access; control and safety of street traffic; and the limitations and opportunities of topography and other natural resource features. In addition: (a) Lengths. Blocks in residential areas shall not as a general rule be less than 600 feet nor more than 1,500 feet in length unless otherwise dictated by preservation of natural resource features, including exceptional topography, or other limiting factors of good design. (b) Bicycle and Pedestrian/Recreation Ways of not less than 20 feet in easement or right-of – way width may be required between side and/or rear lot lines where deemed necessary by the town or County Planning and Zoning Committee to provide safe and convenient pedestrian, bicycle, or recreational circulation or access between individual lots, streams, lakeshores, park lands, or other public areas, or may be required near the center and entirely across any block over 900 feet in length where deemed essential by the town or County Planning and Zoning committee to provide adequate pedestrian, bicycle, or recreational circulation or access to schools, parks, shopping centers, employment centers, houses of worship, or transportation facilities. The final plat, CSM, or condominium plat shall contain a special restriction addressing by whom these ways will be maintained. (c) Width. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth except where a single tier of lots may be necessary to separate development from through traffic, such as with reverse frontage lots, or to protect and preserve natural resources. (d) Utility Easements. See Section ______. [Code § ____] (7) Lots. The size, shape, and orientation of lots shall be appropriate for the location of the land division and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the buildings contemplated. Lot lines shall follow municipal boundary lines rather than cross them. In addition: (a) Side Lot Lines shall be at right angles to straight street lines or radial to curved street lines on which the lots face, unless a non-conventional lot layout is approved by the town or County Planning and Zoning committee. (b) Double or Reverse Frontage Lots shall be prohibited except where necessary to provide separation of residential development from through traffic or to overcome specific disadvantages of topography and orientation. (c) Access. Every lot shall front or abut on a public street or other officially approved means of access in accordance with the provisions of the Portage County zoning ordinance based on the zoning of the subject land to be divided. Also see Section ______ pertaining to cross – and shared-accesses. (d) Area and Dimensions of All Lots shall conform to the requirements of the Portage County Zoning Ordinance for land divisions and condominiums. Building sites that will not be served by a public sanitary sewer system or other approved system shall be of sufficient size to permit the use of an private onsite wastewater treatment system (POWTS) designed in accordance with Chapters SPS 383, 384, and 385 of the Wisconsin Administrative Code, the most recent edition of SPS POWTS design component manuals, and the County sanitary code and private sewage system ordinance. Buildable lots that will not be served by a public water supply system or other approved system shall be of sufficient size to allow the use of a private water supply system (well) designed in compliance with Chapter NR 812 of the Wisconsin Administrative Code. Lots shall also contain sufficient area to comply with all required yards (setbacks), including those set forth in the County zoning ordinance and those that may be required to meet the requirements of Chapter Trans 233 of the Wisconsin Administrative Code. (e) Lot Sizes for Cluster and Planned Unit Developments may be reduced to less than the minimum lot area and dimensions required for a zoning district, but in no case shall the density be more than that permitted in the zoning district. The remaining area of the development site shall be maintained in permanent open space, which may include compatible amenities, by proper deed restrictions and/or conservation easements and shall be restricted from further land division. (f) Re-Divisions. Whenever a lot, parcel, or tract is subdivided into lots or parcels 5 acres or less in area and more than twice the minimum lot area required for the zoning district in which the lot or parcel is located, the County Planning and Zoning committee may require such lots or parcels be arranged and dimensioned to allow for possible future re-division of any such lots or parcels into lot or parcel sizes compatible with the zoning district and in accordance with the provisions of this Ordinance. (g) Depth. Lots shall have a minimum average depth of 100 feet. The typical lot depth in the land division should be increased relative to the width of any buffer strips required along abutting arterial streets, highways, and railways. Where applicable, the minimum lot depth shall be increased relative to the width of any required drainage easement, bicycle way, pedestrian/recreation way, or landscaped buffer strip along a front or rear lot line (also see Section _____). Excessive depth in relation to width shall be avoided and a proportion of 2 to 1 (2:1) shall be considered a desirable ratio under normal conditions, unless a deeper lot is needed to accommodate easements, buffers, or protect natural resources. (h) Width of lots shall conform to the requirements of the Portage County Zoning Ordinance. Where applicable, the minimum width shall be increased relative to the width of any required drainage easement, bicycle way, pedestrian/recreation way, or landscaped buffer strip along a side lot line (also see Section _______). (i) Corner Lots shall be designed and platted with at least 20 feet extra width over and above the width the minimum required for the zoning district wherein located to allow adequate yards or building setbacks from two streets and to accommodate sufficient side and rear yards for the intended use and any required buffers and easements. (j) Depth and Width of Lots or Parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street parking and service (loading/unloading) areas required by the use contemplated and the area zoning restrictions for such use. (k) The Shape of Lots shall be approximately square or rectangular, with the exception of lots located on a curved street or cul-de-sac turnaround. Flag lots or easements or other lot stacking techniques shall be prohibited, except where necessary to accommodate exceptional topography, preserve natural resources, or address extraordinary circumstances, and are subject to County Planning and Zoning Committee approval. (l) Lands lying between the meander line and the water’s edge and any otherwise undeveloped lands which lie between a proposed land division or condominium and the water’s edge shall be included as part of outlots or public dedications if not developable (i.e. wetlands, floodplains, or steep slopes), or as part of lots, outlots, or public dedication if developable in any plat or certified survey map abutting a stream, river, or lake. (m) Remnants of Lots below minimum size remaining after subdividing a large tract or parcel shall be added to an adjacent lot, or a plan shall be submitted indicating future use of the remnant area rather than allowing them to remain as unusable parcels. (n) Restrictions Prohibiting Development. Whenever a lot appearing on a final plat, condominium plat, or certified survey map (CSM) is not intended to be buildable, or is intended to be buildable only upon certain conditions, an express restriction to that effect, running with the land and enforceable by the town or County, shall appear on the face of the plat or map. [Code § ____] (8) Building setback lines. Building setback lines, appropriate to the location and type of development contemplated, which are more restrictive than the regulations of the zoning district in which the land division is located, may be required by the town or County Planning and Zoning committee and shall be shown on the final plat, condominium plat, or certified survey map. Examples of the application of this Section would include requiring greater setbacks to meet the minimum lot width requirement at the setback line for lots on cul-de-sac or curved streets, conform to setbacks of existing adjacent developments (see Section _______ of the County zoning ordinance), accommodate a coving or other unique design, avoid placing buildings within buffers, easements, or vision clearance triangles while providing adequate yards for the intended use, protect natural resources, or conform to greater setbacks required by Chapter Trans 233 of the Wisconsin Administrative Code for lots along arterial streets and highways. The yards and building pad or envelope on a lot, which is determined by required building setbacks, shall be generally similar to those on adjacent lots and contain sufficient areas to accommodate the intended use including any required buffers, easements, a principal building and any accessory structures, a driveway, and, if applicable, a private onsite wastewater treatment system (POWTS). [Code § _____] (9) Easements. (a) Utility Easements. The County Planning and Zoning committee may require easements of widths deemed adequate for the intended purpose as determined by the town or County engineer. Such easements shall be located as determined by the applicable utility company and subject to approval by the town or County engineer, but preferably should be located within midblock easements (see Section _______) or on each side of all rear lot lines, on each side of all side lot lines, or across lots where necessary or advisable. Easements for electric power transformers and similar equipment should not be located in the flow lines of drainage swales and ditches. All easements shall be noted on the final plat, condominium plat, or certified survey map followed by reference to the use or uses for which they are intended. All lines, pipes, cables, and similar equipment shall be installed underground unless the town or County finds that the topography, soils, depth to bedrock, woodlands, wetlands, or other physical barriers would make underground installation impractical, or that the lots to be served by said facilities can be served directly from existing overhead facilities and requiring underground installation would constitute an undue hardship upon the subdivider. Associated equipment and facilities which are appurtenant to underground electric power, communications, and gas facility systems, including but not limited to substations, pad – mounted transformers, pad-mounted sectionalizing switches, above-grade pedestal-mounted terminal boxes, junction boxes, meter points, and similar equipment may be installed at ground level and shall be placed in an visually unobtrusive location or screened from public view while maintaining necessary access. (b) Drainage Easements. Where a land division is traversed by a drainageway or stream, an adequate easement shall be provided as may be required by the town or County Planning and Zoning committee. The location, width, alignment, and improvement of such drainage or easement shall be subject to the approval of the town or County engineer. Where necessary, stormwater drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, subject to review and approval by the town or County. (c) Conservation Easements. See Section ______. (d) Vision Clearance Easements and Cross-, Controlled-, and Shared-Access Easements. The town and County Planning and Zoning committee may require vision corner or clearance easements, cross- access easements, non- or controlled-access easements, and shared-access easements as a condition of plat or certified survey map approval in order to minimize potential traffic hazards. Access provisions shall be evaluated on case-by-case basis to determine the safety and practicability of cross – and shared-access (i.e. shared entryway or driveway entrance). If the location of cross- access is not known and is dependent on future development or site plan layout, then a note shall be added to the plat or certified survey map indicating that a cross – access shall be provided and the subject lot replatted accordingly when the cross-access location is determined. [Code § _____] (10) Protection of natural resources. Where natural drainage channels, floodplains, wetlands, woodlands, or other environmentally sensitive areas are encompassed in whole or in part within a proposed land division, the town and County Planning and Zoning Committee may require that these areas be dedicated or that restrictions, including those for conservation easements, be placed on the plat or certified survey map to protect such resources. The town or County zoning committee may further require that such areas be included in outlots designated on the plat or certified survey map and be restricted from development, including those for common areas within cluster subdivisions and condominiums. Conservation easements may be held by the town, a nonprofit conservation organization, or another entity approved by the town board. [Code § _______] (11) Park, open space, and other public sites. (a) In the Design of the subdivision plat or certified survey map, due consideration shall be given to the dedication or reservation of suitable sites of adequate size for future schools, parks, playgrounds, drainageways, public access to navigable waters, trail corridors, and other public purposes. If designated on the town or County comprehensive plan or comprehensive plan component or component neighborhood development plan, such areas shall be made a part of the plat or certified survey map as stipulated in Section _____ of this Ordinance. If not so designated, consideration shall be given to preserving open space sites such as environmental corridors, scenic and historic sites, stands of fine trees, wetlands, lakes, ponds, and watercourses. (b) Navigable Streams or Lakeshores shall have a public access-way dedicated at least 60 feet in width platted to the low water mark at intervals of not more than one-half mile and connecting to existing public streets, highways, or other public way, unless wider access or greater shoreline intervals are agreed upon by the Wisconsin Department of Administration, the Wisconsin Department of Natural Resources, and the town or County, as required by Section 236.16(3) of the Wisconsin Statutes. [Code § _____] (12) Other related design requirements. Section ____, “Required Improvements,” and Section ___, “Construction,” of this Ordinance contain other design related requirements relevant to land division and condominium design. Such requirements or standards include those for curbs and gutters, street lights, street name signs, traffic control signs and signals, street trees, landscaping including for buffer yards, grading, erosion control, sedimentation control, stormwater management facilities, water supply facilities, sanitary sewerage disposal facilities, and other utilities. Even though some of these standards may not be shown on plats and certified survey maps, they are relevant to plans and specifications required for the development of subdivisions and condominiums. The Portage County Zoning Ordinances and Portage County Floodplain and Shoreland Zoning Ordinances, and Land and Water Resource Management Plan also contain requirements that may affect land division design or development. [Code § _______] 7.4.6 Improvements (1) General requirements. All required improvements shall be constructed in accordance with plans and specifications approved by the town or County engineer. Such improvements may include those for green infrastructure subject to town or County engineer approval in accordance with accepted engineering practices to ensure proper functioning and monitoring of green stormwater infrastructure. Also see Section __ for design standards. [Code § _____] (2) Survey monuments. The subdivider shall install survey monuments placed in accordance with the requirements of Chapter 236.15 of the Wisconsin Statutes and as may be required by the town or County Surveyor. [Code § _____] (3) Grading. (a) Cut and filled lands shall be graded in accordance with grading plans and specifications approved by the town or County engineer. Slopes shall not be steeper than one (1) vertical to 4 horizontal, or the soil’s angle of repose, whichever is the lesser, and such slopes shall be covered with permanent vegetation. To the extent practicable, grading shall be minimized. (b) After the installation of temporary block corner monuments or other survey control points by the subdivider and approval of street grades by the town or County engineer, the subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and specifications approved by the town board for town roads and the County Highway Commissioner for improvements to County trunk highways. The subdivider shall grade the roadbeds in the street rights- of-way to subgrade. Any cut and filled lands immediately adjacent to street or highway rights-of-way shall be graded and restored in accordance with the approved plans and specifications. (c) Finished Grade. Streets and lots shall be brought to finished grades as specified in a site grading plan approved by the town or County engineer. (d) Where electric and communication facilities are to be installed underground, the utility easements shall be graded to finished grade elevation, and no earth fill, mounds of dirt, or construction materials shall be stored on such easement areas. [Code § _____] (4) Street surfacing. (a) After the installation, inspection, and approval by the town or County engineer of all utility and stormwater drainage improvements, the subdivider shall surface all roadways in streets proposed to be dedicated to the widths prescribed by this Ordinance, or County and town comprehensive plans or components thereof. Said surfacing shall be done in accordance with plans and specifications approved by the town engineer for town roads and by the County engineer for improvements to County trunk highways. The second lift of asphalt shall not be installed sooner than one (1) year after the first lift of asphalt is installed or as otherwise specified in the development agreement. The cost of surfacing any arterial streets or highways in excess of 48 feet in width that would serve traffic beyond that generated by the proposed land division or condominium development will be borne by the unit or agency of government having jurisdiction. (b) The binder course shall be placed initially upon completion of the utilities using interim inlets and asphalt wedged curb and gutter. The surface course of asphalt shall be installed not later than 6 months after 60 percent of the lots in the land division have been developed provided the weather meets town or County standards for paving, but in no case shall the surface be placed sooner than one (1) year or more than three (3) years after paving the binder course. All failures in the binder course shall be repaired prior to paving the surface. Surfacing shall be done in accordance with plans and specifications approved by the town or County engineer. [Code § _____] (5) Removal of temporary turnarounds. Where a land division abuts an existing temporary circular cul-de-sac or “T” turnaround and the town plan includes extending the street ended by said temporary turnaround, the subdivider shall be responsible for the removal of the turnaround, reconstruction of the drainage and roadside ditches or curb and gutter as applicable, reinstallation of culverts, reconstruction of driveways, restoration of all disturbed areas, and removing or vacating the portion of the street containing a temporary easement if applicable (see Section _____). The town engineer will determine if existing culverts, if any, may be salvaged and reused. [Code § _____] (6) Curbs and gutters. (a) In land divisions, including condominiums, the town board may require the subdivider to construct concrete curbs and gutters in accordance with plans and specifications approved by the town engineer. Curbs and gutters may be required on cul-de-sac “islands” and on streets with steep topographical conditions. Openings in curbs for drainage may be allowed, upon approval of the town engineer, to accommodate green stormwater management measures including but not limited to drainage into street tree wells, infiltration trenches, bioswales, or bioretention basins with under drains. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts or construction of “mountable” type curb and gutter if permitted by the town. (b) Curb Ramps or Openings shall be installed, where applicable, in accordance with Section 66.0909 of the Wisconsin Statutes, Americans with Disabilities Act Accessibility Guidelines, and as approved by the town engineer. Also see Section _____. [Code § _____] (7) Rural street sections. When permanent rural street sections have been approved by the town engineer, the subdivider shall finish grade all shoulders and road ditches, install all necessary culverts at intersections and, if required, surface ditch inverts to prevent erosion and sedimentation in accordance with plans and specifications approved by the town engineer. [Code § _____] (8) Sidewalks and pedestrian/recreational paths. (a) The Town Board or County Planning and Zoning Committee may require the subdivider to construct a concrete sidewalk or asphalt path, including pervious pavements, on one side of all frontage streets, and on one or both sides of all other streets within and/or adjacent to the land division. Off-street pedestrian/recreational paths may also be required within the open spaces of land divisions. All such facilities shall be located within a dedicated public right-of-way or a public pedestrian/recreation access easement. If located within a public access easement, said easement shall be at least 20 feet wide. The construction of all sidewalks or pedestrian/recreational paths, including bicycle facilities, shall be in accordance with plans and specifications approved by the town or County engineer and adopted County Bicycle and Pedestrian Plan park, and recreational plans. (b) Wider than standard sidewalks or off-street pedestrian/recreational paths may be required by the town board in the vicinity of schools, commercial areas, and other places of public assemblage, and the town board may require the construction of such facilities in locations other than required under the preceding provisions of this Ordinance if such walks or paths are necessary, in their opinion, for safe and adequate pedestrian, bicycle, or recreational circulation. The town board or County Planning and Zoning Committee may waive the requirement for sidewalks or paths upon a finding that such walks or paths are not required because of the provision of a separate network of pedestrian/recreational ways, low vehicular or pedestrian traffic volumes, or lot arrangement. [Code § _____] (9) Sanitary sewage disposal facilities. (a) The Subdivider shall make provision for adequate private onsite wastewater treatment systems (POWTS), as specified by the County or State agencies concerned, where public sanitary sewer facilities are not available. (b) When public sanitary sewer facilities are available or when it is proposed to establish a private sanitary sewerage system to serve 2 or more lots or condominium units, the subdivider shall construct sanitary sewerage facilities in such a manner as to make adequate sanitary sewerage service available to each lot or unit within the land division. (c) The Town Board may require the installation of sewer laterals to the street right-of-way line. (d) The size, type and installation of all sanitary sewers and sanitary sewer laterals proposed to be constructed shall be in accordance with plans and specifications approved by the town engineer. (e) Where a town sanitary district has been created pursuant to Section 60.20 of the Wisconsin Statutes for the purpose of providing and constructing sanitary sewers, such plans and specifications shall be further subject to approval by the town sanitary district commission. (f) The Subdivider shall assume the cost of installing all sanitary sewers, sewer laterals, and sewer appurtenances within the proposed land division, except for the added cost of installing sewers greater than 8 inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed land division, unless the over-sizing is required to serve vacant lands owned or controlled by the subdivider. In addition, the subdivider shall pay to the town or town sanitary district wherein the land division is located, a sanitary sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed land division is to the total drainage area to be served by such larger sewers. [Code § _____] (10) Stormwater management facilities. The Subdivider shall construct stormwater drainage facilities adequate to serve the land division, which may include curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention and detention facilities, and settling basins, including bioretention basins with under drains, infiltration trenches, and other green stormwater infrastructure. In addition: (a) All such Facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazard to life or property. The type of facilities required and the design criteria shall be determined by the town or County engineer. All facility plans shall be reviewed and evaluated on a case-by-case basis taking into consideration the nature of the topography and discharge location within and adjacent to the land division. The subdivider shall obtain a stormwater permit and install the size and type of stormwater management facilities proposed to be constructed in accordance with plans and specifications approved by the County engineer based on the stormwater management requirements in Chapter __ of the Portage County Code of Ordinances. (b) The Subdivider shall assume the cost of installing all stormwater conveyances and storage facilities within the proposed land division, except for the added cost of installing storm sewers greater than 24 inches in diameter which are necessary to serve tributary drainage areas lying outside of the proposed land division, or to avoid flooding attendant to increased flows downstream of the proposed development caused not by the development but by preexisting development upstream. The subdivider shall pay to the town or town sanitary district wherein the land division is located a storm sewer trunk line connection fee based on the added cost of installing larger sewers in the total tributary drainage area which shall be prorated in proportion to the ratio which the total area of the proposed land division is to the total drainage area to be served by such larger sewers. [Code § _____] (11) Water supply facilities. (a) The Subdivider shall make provision for adequate private water systems as required by the County in accordance with the standards of the Wisconsin Department of Natural Resources, if municipal (public) water service is not available. (b) When public water supply and distribution facilities are available to the land division or when it is proposed to establish a private water supply and distribution system to serve 2 or more lots or condominium units, the subdivider shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot or unit within the land division. (c) The Town Board may require the installation of water laterals to the street lot line. (d) The size, type, and installation of all public water mains proposed to be constructed shall be in accordance with plans and specifications approved by the town board. (e) Where a town sanitary district has been created pursuant to Section 60.30 of the Wisconsin Statutes for the purpose of providing and constructing a system of water works, such plans and specifications shall be further subject to approval by the town sanitary district commission. (f) The Subdivider shall assume the cost of installing all water mains, water laterals, and water system appurtenances within the proposed land division except for the added cost of installing water mains greater than 6 inches in diameter. The added cost of water mains greater than 6 inches in diameter shall be borne by the town or the town sanitary district wherein the land division is located. If water mains greater than 6 inches in diameter are required to serve areas outside the proposed development and not owned by the subdivider, the excess cost shall be borne by the town or town sanitary district. [Code § _____] (12) Other utilities. (a) The Subdivider shall cause gas, electrical power, television cable, telephone, and other communication facilities to be installed, where available, in such a manner as to make adequate service available to each lot or unit in the land division. (b) All new electric, telephone, or other communication lines from which lots or condominium units are individually served shall be installed underground within all newly platted subdivisions containing 5 or more lots or units in all residence districts shown on the County zoning maps, unless the town board, after considering a recommendation from the town engineer, or the County Planning and Zoning committee shall find after study that the location, topography, soil, stands of trees or other physical barriers would make underground installation unreasonable or impracticable or that the lots or units to be served by said facilities can be served directly from existing overhead facilities. Associated equipment and facilities which are appurtenant to underground electric, telephone, and other communication systems including, but not limited to, substations, pad mounted transformers, pad mounted sectionalizing switches, and above-grade pedestal-mounted terminal boxes may be located above ground. Any landscape screening plan required for such above-ground equipment shall be submitted to the affected utility company for approval. (c) Plans indicating the proposed location of all gas, electrical power, telephone, and other communication distribution and transmission lines required to service the land division shall be approved by the town engineer. [Code § _____] (13) Street lamps. The town board may require the subdivider to install street lamps along all streets proposed to be dedicated of a design compatible with the neighborhood and type of development proposed. Such lamps shall be placed at each street intersection and at such interior block spacing as may be required by the town board. The specific type and location of such light posts shall be approved by the town engineer. Shielded luminaires with downward reflections, luminaries with cutoff optics, LED or similar energy-saving luminaries, and careful fixture placement may be required by the town board. In lieu of or in addition to the installation of public street lamps, the town board may permit the installation of private posts lamps at appropriate locations within a land division. The type and location of such post lamps shall be subject to approval by the town engineer and shall be maintained by the homeowners or condominium association. [Code § _____] (14) Street and traffic control signs and signals. The subdivider shall install or pay for the material and installation of a street name sign of a design specified by the town engineer at the intersection of all streets proposed to be dedicated. The subdivider shall also pay for the material and installation of any traffic control signs or signals required, where warranted, as a result of the traffic generated from the proposed land division. Traffic control signs and signals are subject to review and approval by the town engineer or the government agency having jurisdiction. Traffic control and street name signs shall meet the following standards: (a) The design and placement of traffic control signs shall comply with applicable State and County requirements. (b) The Subdivider shall install at least two (2) street name signs of a design and color compatible with the neighborhood and as approved by the town engineer, at each four-way street intersection proposed to be dedicated and one (1) sign at each “T” intersection. Street name signs shall be installed so as to be free of visual obstructions. [Code § _____] (15) Street trees. (a) Trees. The subdivider shall plant street trees of approved species at least 3 inches in diameter at breast height (dbh-approximately 4.5 feet above ground). The total number of trees to be planted shall be based on one (1) for every 50 feet of frontage on all streets proposed to be dedicated and be spaced on average about 50 feet apart. The required trees shall be planted in the existing or planned curb lawn area between sidewalk and curb when an urban street cross-section is used; to the property side of the road ditch when a rural street cross-section is used; or on private property within 5 feet of a front lot line when an easement for such use has been designated on the final plat and at least 10 feet from driveways. Tree plantings shall be completed in accordance with landscaping plans and specifications approved by the town board. (b) Alternative. The requirement for street trees may be waived by the town board if substantial alternative landscaping, including trees, is to be provided within the land division or condominium development in accordance with a landscaping plan approved by the town board. [Code § _____] (16) Landscaping. (a) Plans and Specifications. The Subdivider shall install landscaping in accordance with landscape plans and specifications approved by the town as required by Section _____. Such landscaping may include drought-tolerant landscaping and landscaping in common open areas, and landscape screening within buffer areas, condominium developments, or open space subdivisions, sometimes called cluster developments. If plantings are not installed prior to approval of a final plat or condominium plat, a landscaping schedule shall be specified in a development agreement and appropriate sureties shall be provided. (b) Maintenance of all landscaping included in approved landscaping plans and specifications shall be the responsibility of the property owner, or, for landscaping installed in common areas, the homeowners or condominium association. Provisions for the maintenance of such landscaping shall be included in the homeowners or condominium association documents required under Section ____. [Code § _____] (17) Shoreland planting and erosion and sedimentation control. The subdivider shall prepare erosion and sedimentation control plans and specifications in accordance with Chapter __, of the of the Portage County Code of Ordinances. Such plans shall be submitted by the subdivider for review and approval by the County engineer, and an erosion control permit shall be obtained by the subdivider. The subdivider shall plant those grasses, trees, shrubs, groundcover, and vines of a species and size native to Wisconsin and as specified by the County Planning and Zoning committee, necessary to prevent soil erosion and sedimentation and protect stream and lake banks. In addition: (a) The County Planning and Zoning Committee may require the subdivider to provide or install certain stream and lake protection and rehabilitation measures, including but not limited to fencing, sloping, seeding, riprap, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles, and grade stabilization structures. (b) Tree cutting and shrubbery clearing shall be so conducted as to prevent erosion and sedimentation and preserve and improve scenic qualities. (c) Paths and trails in wooded and wetland areas shall not exceed 10 feet in width, unless otherwise approved by the town or County engineer, and shall be designed and constructed as to result in the least removal and disruption of trees and shrubs and the minimum impairment of natural beauty. (d) Earth movements, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging, and lagooning, shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen and topography. Such activities shall comply with applicable County and State regulations. (e) Review of such cutting, clearing, and movement may be requested by the County Conservationist the Wisconsin Department of Natural Resources, the town, or the County Planning and Zoning committee as it deems appropriate. [Code § _____] (18) Improvements extended to limit of parcel or lot. Any and all improvements or utility services required by this Ordinance for land divisions and condominiums shall be extended to the farthest limit of the parcel or lot upon which a building permit is requested unless the owner is exempted from meeting such requirement by the town board after considering a recommendation from the town engineer. In the event the improvements are required to the end of the parcel or lot, the subdivider shall be required to post bond or other financial sureties with the town if improvements are not installed. [Code [Code § _____] 7.4.7 Procedures for Major Subdivision Review (1) Pre-application consultation. Prior to the filing of an application for the approval of a preliminary subdivision plat, condominium plat, or certified survey map, the subdivider shall consult with affected utilities, town officials, and the County zoning administrator and/or his staff in order to obtain advice and assistance. A sketch or concept plan of the proposed subdivision, condominium, or certified survey map shall be brought by the applicant to the meeting. This consultation is intended to inform the subdivider of the purpose and objectives of these regulations, the adopted County and town comprehensive plan or adopted plan components, and duly adopted plan implementation ordinances of the County and town and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and planning agency may reach mutual conclusions regarding the general objectives of the proposed development and its possible effects on the neighborhood, town, and County, and the subdivider will gain a better understanding of the subsequent required procedures. (2) Completeness review of application. The Zoning Administrator shall review the application within 10 working days of receipt of the complete application. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements. (3) Preliminary plat review. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and complete an application and review checklist. The preliminary plat shall be prepared in accordance with this Ordinance, and the subdivider shall file an adequate number of copies and an electronic copy, as determined by the County zoning administrator, together with the appropriate fee, of the plat and the application with the County zoning administrator at least 30 days prior to the meeting of the County planning and zoning committee at which action is desired. In addition: (a) The County Zoning Administrator shall, within 2 normal work days after filing, transmit: (1) Adequate number of copies to the County planning and zoning committee together with one copy of the soil boring and percolation results. (2) Two (2) copies to the following agencies and companies for review and approval or comments concerning matters within their jurisdiction: a. Town clerk, who is responsible for distributing to town officials and the fire department and sanitary or utility districts, if applicable. b. Clerk of each adjoining city or village if the subdivision lies within their extraterritorial plat approval jurisdiction. c. The Portage County Highway Department, if the land owned or controlled by the subdivider abuts a County trunk highway. d. North Central Wisconsin Regional Planning Commission. e. The applicable school district. f. The applicable natural gas and electric power companies. g. Affected County departments concerning matters within their jurisdiction. (b) Wisconsin Department of Administration. In accordance with Section 236.12(2) of the Wisconsin Statutes, the subdivider shall submit a paper copy or electronic copy of the preliminary plat that is capable of clearly legible reproduction to the Director of Plat Review of the Wisconsin Department of Administration, who will transmit copies of the plat at the subdivider’s expense to objecting agencies. (4) Preliminary plat approval. The objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary plat, notify the subdivider and all other approving and objecting agencies, including the County zoning administrator and town board, of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the Wisconsin Department of Administration, who shall certify the plat and provide notice to the County planning and zoning committee. If an objecting agency fails to act within 20 days and the Department of Administration fails to act fails within 30 days from the date on which they received the copy or copies of the plat they shall be deemed to have no objection to the plat and, upon demand, the Department of Administration shall so certify on the face of the plat. In addition: (a) The County planning and zoning committee, within 90 days of the date of filing of a preliminary plat with the County zoning administrator and after considering a recommendation from the affected town, shall approve, approve conditionally, or reject such plat, unless the time is extended by written mutual agreement with the subdivider. The Committee shall examine the preliminary plat and objections and comments received from the objecting and reviewing agencies for conformance with this Ordinance and all other applicable ordinances, laws, regulations, and the adopted town and County comprehensive plan or components thereof. One (1) copy of the plat shall thereupon be returned to the subdivider with the date and action endorsed thereon; and if approved conditionally or rejected, a letter setting forth the conditions of approval or the reasons for rejection shall accompany the plat. One copy each of the plat and letter shall be placed in the County planning and zoning committee permanent file. (b) Failure of the County planning and zoning committee to act within 90 days of the date of filing or within the time(s) as extended by written mutual agreement(s) with the subdivider shall constitute approval of the plat as filed. (c) Approval or Conditional Approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within 36 months after the last required approval of the preliminary plat and conforms substantially to the preliminary plat, including any conditions of that approval, and to local plans and ordinances, the final plat shall be entitled to approval as indicated in Section 236.11(1)(b) of the Wisconsin Statutes. An approved preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted, and used as a guide to the preparation of the final plat, which will be subject to further consideration by the County planning and zoning committee at the time of its submission. The Committee may extend the time for submission of the final plat. See Section ____ pertaining to partial platting or phasing. (5) Final plat review. (The subdivider shall prepare a final plat and a letter of application in accordance with this Ordinance and shall file with the County zoning administrator the application, together with appropriate fees, and adequate number of copies and an electronic copy, as determined by the County zoning administrator, of the plat at least 30 days prior to the meeting of the County planning and zoning committee at which action is desired. In addition: (a) The County Zoning Administrator shall, within 2 normal work days after filing, transmit: (1) Adequate number of copies to the County planning and zoning committee together with one copy of the soil boring and percolation results. (2) Two (2) copies to the following agencies and companies for review and approval or comments concerning matters within their jurisdiction: a. Town clerk, who is responsible for distributing to town officials and the fire department and sanitary or utility districts, if applicable. b. Clerk of each adjoining city or village if the subdivision lies within their extraterritorial plat approval jurisdiction. c. The Portage County Highway Department, if the land owned or controlled by the subdivider abuts a County trunk highway. d. The North Central Wisconsin Regional Planning Commission. e. The applicable school district. f. The applicable natural gas and electric power companies. g. Affected County departments concerning matters within their jurisdiction. (b) Wisconsin Department of Administration. In accordance with Section 236.12(2) of the Statutes, the subdivider shall submit a paper copy or electronic copy of the final plat that is capable of clearly legible reproduction to the Director of Plat Review of the Wisconsin Department of Administration, who will transmit copies of the plat at the subdivider’s expense to the objecting agencies. (c) The County planning and zoning committee shall examine the final plat as to its conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; this Ordinance and all other ordinances, laws, regulations, and the adopted town and County comprehensive plan or components thereof which may affect it; and review comments from objecting agencies, town board and other agencies which reviewed and commented on the final plat and shall recommend, after considering a recommendation from the affected town, approval, conditional approval, or rejection of the plat to the County Board. (d) Partial Platting. The final plat may, if permitted by the County planning and zoning committee and affected town, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time; however, it is required that each such phase be final platted and designated as a phase of the approved preliminary plat. (6) Final plat approval. (a) Submission. If the final plat is not submitted within 36 months after the last required approval of the preliminary plat, the County Board may refuse to approve the final plat or may extend the time for submission of the final plat, as provided in Section 236.11(1)(b) of the Wisconsin Statutes. (b) The Objecting Agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies, including the County planning and zoning committee and town board, of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the Wisconsin Department of Administration, who shall certify the plat and provide notice to the County planning and zoning committee. If an objecting agency fails to act within 20 days and the Department of Administration fails to act within 30 days from the date on which they received the copy or copies of plat, they shall be deemed to have no objection to the plat and, upon demand, the Department of Administration shall so certify on the face of the plat. (c) The County planning and zoning committee shall, within 30 days of the date of filing of the final plat with the County zoning administrator and after considering a recommendation from the affected town, recommend approval, conditional approval, or rejection of the plat and shall transmit the final plat and application along with its recommendations to the County Board. (d) Notification. The County planning and zoning committee shall, when it determines to recommend approval or rejection of the plat to the County Board, give at least 10 days prior written notice of its recommendation to the clerk of any municipality within 1,000 feet of the plat, but failure to give such notice shall not invalidate the plat. (e) The County Board shall, in accordance with Section 236.11(2) of the Wisconsin Statutes, within 60 days of the date of filing the original final plat with the County zoning administrator, approve or reject such plat unless the time is extended by written agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider and surveyor. The County Board may not inscribe its approval on the final plat unless the County clerk certifies on the face of the plat that no objections have been filed within 20 days or, if filed, have been met, and the County treasurer certifies that there are no unpaid taxes or special assessments on any of the lands included in the plat. (f) Failure of the County Board to act within 60 days, the time having not been extended and no unsatisfied objections having been filed and all fees payable by the subdivider having been paid, shall constitute approval of the final plat. (g) Recordation. After the final plat has been approved by the County Board and required improvements as shall be required by the County or town, or both, either installed or a contract and sureties insuring their installation is filed, the County clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the County Register of Deeds at the subdivider’s expense. The Register of Deeds shall not record the plat unless it is offered for recording within 12 months after the date of the last approval and within 36 months after the date of the first approval, as required by Section 236.25(2)(b) of the Wisconsin Statutes. (h) Copies. The subdivider shall file a digital file, compatible with the County digital system, and adequate true copies of the recorded final plat with the County zoning administrator for distribution to the town clerk, County treasurer, County highway commissioner, County engineer, County surveyor, and other affected County departments for their files. 7.4.8 Procedures for County Plat Review "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. 7.4.9 Procedures for Minor Subdivision Review (CSM) (1) Completeness review of application The Zoning Administrator shall review the application within 10 working days of receipt of the complete application. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return a copy of the application to the applicant and indicate incomplete or missing requirements. (2) Certified survey map review (minor land division). When it is proposed to divide land into at least 2 but not more than 4 parcels or building sites, inclusive of the original remnant parcel, any one of which is less than 35 acres in size, by a division or by successive divisions of any part of the original parcel within a 5-year period; or when it is proposed to divide a block, lot, or outlot within a recorded subdivision plat into at least 2 but not more than 4 parcels or building sites, inclusive of the remnant parcel, without changing the exterior boundaries of said block, lot, or outlot, the subdivider may divide by use of a certified survey map. In accordance with Sections 236.02(12)(bm) and 236.34(1)(ar) of the Wisconsin Statutes and as defined in Section ____ of this Ordinance, a certified survey map may also be used for dividing land into 6 or fewer parcels or lots, not including outlots, for land in a C-1, C-2, C-3, C-4, or IND zoning district. Certified survey maps shall be prepared in accordance with Section ____ of this Ordinance. In addition: (a) A Pre-Application Consultation in accordance with Section ____ is required. (b) The Subdivider shall file adequate copies of a certified survey map, together with the appropriate fee, and the letter of application with the County zoning administrator at least 30 days prior to the meeting of the County planning and zoning committee at which first consideration is desired. (c) The County Zoning Administrator shall, within 2 normal work days after filing, transmit adequate copies of the map and letter of application to the County planning and zoning committee for review and comment. Two (2) copies of the certified survey map shall be transmitted to the applicable town clerk. The recommendations of the town board shall be transmitted to the County zoning administrator within 30 days from the date the map is transmitted to the town by the County zoning administrator. (d) The County Zoning Administrator shall transmit two copies of the map to all affected County departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the County zoning administrator within 20 days from the date the map is transmitted by the County zoning administrator. (e) The County Zoning Administrator shall transmit two copies of the map for review to the Wisconsin Department of Administration if the provisions of Section 236.34(1m)(em) apply, and the Wisconsin Department of Transportation if the provisions of Section 236.34(1m)(er) apply. (f) The Map shall be reviewed by the County planning and zoning committee and town for conformance with this Ordinance and all ordinances, laws, regulations, and the adopted town and County comprehensive plan or adopted plan components. (3) Certified survey map approval (minor land division). (a) The County planning and zoning committee shall approve, approve conditionally and/or with deed restrictions, or reject the certified survey map, after considering recommendations from the affected town, within 30 days from the date of filing of the map unless the time is extended by written agreement with the subdivider. If the map is rejected, the reasons shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider and surveyor. If the map is approved, the chairman of the County planning and zoning committee shall so certify on the face of the original map. (b) The Town Board of Supervisors shall approve, approve conditionally and/or with deed restrictions, or reject the certified survey map within 90 days from the date of filing of the map unless the time is extended by written agreement with the subdivider. If the certified survey map is rejected by the town, the reasons shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider and surveyor. If the map is approved, the chairman of the town board shall so certify on the face of the original map and return the map to the subdivider. The town clerk shall notify the County planning and zoning committee of the Town’s action to approve, approve conditionally and/or with deed restrictions, or reject the map. (c) Failure of the County planning and zoning committee to act within 90 days, or any extension mutually agreed to with the subdivider, constitutes an approval of the map and, upon demand, a certificate to that effect shall be made on the face of the map by the County planning and zoning committees. (d) Recordation. After the certified survey map has been approved by the County planning and zoning committee, the County planning and zoning committee shall cause a certification to be inscribed on the map attesting to such approval, and the County zoning administrator shall record the map with the County Register of Deeds at the subdivider’s expense. The Register of Deeds shall not record the map unless it is offered for recording within 12 months after the date of the last approval and within 36 months after the first approval. (e) Copies. The subdivider shall provide adequate copies of the map, along with a digital file of the map that is compatible with the County digital system, to the County zoning administrator for distribution as necessary to the town and affected County departments for their files. One (1) copy of the map shall be placed in the County planning and zoning committee permanent files. (4) Review and approval of extraterritorial subdivision plats and certified survey maps. When the land to be subdivided lies within the extraterritorial plat approval jurisdiction of a village or city, the subdivider shall proceed as specified in Sections ____ through ____, with the following exceptions or additions: (a) Prior to filing an application for approval of a preliminary subdivision plat or certified survey map, the subdivider shall consult with the County and town staff in accordance with the provisions of Section ___ as well as with the applicable village and/or city having extraterritorial approval jurisdiction in order to obtain their advice and assistance. This consultation is intended to inform the subdivider of the purpose and objectives of the regulations of the applicable approving authority’s ordinances and plans; however, the subdivision plat or certified survey map shall not be reviewed by said village or city within the context of the land’s proposed use in accordance with Section 236.45(3)(b) of the Wisconsin Statutes unless an adopted extraterritorial zoning or intergovernmental boundary agreement applies. As a result of the consultation, both the subdivider and the approving authorities may reach mutual conclusions regarding the general objectives of the proposed development and its possible effects on the neighborhood, community, and County. The subdivider will gain a better understanding of the subsequent required procedures. The subdivider shall specify in his letter of application to whom the original application was or is to be submitted. (b) Approving Authorities include the town board, the County planning and zoning committee or County Board, and any village or city that has extraterritorial authority to review subdivision plats under Section 236.10 or that exercises extraterritorial authority to review certified survey maps (CSMs) under Section 236.45 of the Statutes. The subdivider must comply with the land division ordinances of the County, town, and applicable village or city. (c) The Subdivider may proceed with the installation of such improvements and under such regulations as the town within whose limits the plat or CSM lies may require. Wherever connection to any city, village, or special district is desired, permission for such connection shall be subject to city, village, or special district review and approval. (d) All Improvement Requirements specified by the County, town, and/or special district in matters over which they have jurisdiction shall be met before filing of the final plat or, if applicable, CSM. 7.4.10 Modifications (1) Exceptions and modifications. Where, in the judgment of the County Planning and Zoning Committee or town board recommendation, it would be inappropriate to apply literally the provisions of Sections ____ and ____ of this Ordinance because exceptional or undue hardship would result, the County Planning and Zoning Committee or town board may waive or modify any requirement to the extent deemed just and proper. Such relief shall be granted without detriment to the public good, without impairing the intent and purpose of this Ordinance or the desirable general development of the County in accordance with adopted County or town comprehensive plans or components thereof. No exception or modification shall be granted unless all the following facts and conditions exist and the County planning and zoning committee or town board so indicates in the minutes of its proceedings: (a) Exceptional Circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where literal enforcement of the requirements of this Ordinance would result in severe hardship. Such hardships should not apply generally to other properties or be such a recurrent nature as to suggest that this Ordinance should be changed. (b) Preservation of Property Rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity. (c) Absence of Detriment. That the exception or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest. (d) A Majority Vote of the quorum of the County Planning and Zoning Committee shall be required to grant any exception or modifications to the provisions of this Ordinance over which the County planning and zoning committee has jurisdiction, and the reasons shall be entered in the minutes of the Committee. A majority vote of a quorum of the town board shall be required to grant any modifications to the provisions of this Ordinance over which the town board has jurisdiction, and the reasons shall be entered in the minutes of the town board. 7.4.11 Fees. (1) General requirements. All fees shall be paid in full at the time an application is submitted. The subdivider shall pay the County any outstanding fees as hereinafter required before being entitled to record a plat or certified survey map. (2) Plat and certified survey map review fees. (a) The Subdivider shall pay a fee to the Portage County Planning and Zoning Department at the time of first application for approval of any preliminary plat, final plat, condominium plat, certified survey map, or County related improvement construction plans and specifications, to assist in defraying the cost of administration and review. The required plat and certified survey map review fees shall be established by separate resolution by the Portage County planning and zoning committee from time to time as deemed appropriate. (b) A Reapplication Fee shall be paid to the Portage County Planning and Zoning Department at the time of reapplication for approval of any preliminary plat, final plat, condominium plat, or certified survey map which has previously been reviewed. The required reapplication fees shall be established by separate resolution by the Portage County planning and zoning committee from time to time as deemed appropriate. (3) Engineering and inspection fees. The subdivider shall pay a fee equal to the actual cost for all engineering work, including related administration and inspection, incurred by Portage County in connection with the plat or certified survey map. Engineering work shall include the preparation of construction plans and standard specifications, and construction layout. Portage County may permit the subdivider to furnish all, some, or part of the required construction plans and specifications, in which case no engineering fees other than those necessary for plan review shall be levied for such plans and specifications. The fee also covers inspections deemed necessary to ensure that the construction of the required improvements is in compliance with the approved plans, specifications, and ordinances of Portage County. Any funds remaining after covering actual cost for work conducted by the County will be refunded to the subdivider. (4) Other fees. (a) The Subdivider shall pay a fee, upon approval of the preliminary plat, final plat, condominium plat, certified survey map, and construction plans and specifications and acceptance of required improvements, equal to the cost of any legal, planning, or fiscal work which may be undertaken by Portage County in connection with the plat or certified survey map. Legal work shall include the review, negotiation, and drafting of contracts between the approving authority having jurisdiction and the subdivider. These fees may also include the cost of obtaining professional opinions including, but not limited to, attorneys, engineers, landscape architects, and land planners, requested by the County planning and zoning committee or staff in connection with the land division being considered. (b) The Subdivider shall pay fees to the Portage County Planning and Zoning Department for required erosion control plan reviews and engineered stormwater management plan reviews undertaken by Portage County for plats and certified survey maps, if applicable. (c) The Subdivider is responsible for paying other fees required as a result of obtaining permits from other agencies as indicated in Section ____. Such permits and fees include obtaining permits from towns having jurisdiction over required improvements and the cost for town engineer and legal work related to such improvements, including town street and sidewalk pavement, street signs, street trees, street lamps, and public sanitary sewer, if applicable. 7.4.12 Enforcement and Penalties (1) Violations. No person, firm, or corporation shall build upon, divide, convey, record, or place monuments on any land in violation of this Ordinance or the Wisconsin Statutes. No person, firm, or corporation shall be issued a County zoning permit or sanitary permit, and authorizing the building on, or improvement of, any lot or any part of any subdivision, minor land division, replat, or condominium within the jurisdiction of this Ordinance not of record as of the effective date of this Ordinance, until the provisions and requirements of this Ordinance, or the Land Division Ordinance in effect on the date a plat or certified survey map was filed with the County zoning administrator, have been fully met. The County may institute appropriate action or proceedings to enjoin violations of this Ordinance. (2) Penalties and remedies. Any person, firm, or corporation who fails to comply with the provisions of this Ordinance or Chapter 236 of the Wisconsin Statutes shall, upon conviction thereof, face penalties set forth below plus any additional costs incurred by the town or County for each violation. Each day a violation exists or continues shall constitute a separate offense. Violations and concomitant penalties shall include the following: (a) Recordation improperly made carries penalties as provided in Section 236.30 of the Wisconsin Statutes. (b) Conveyance of lots in unrecorded plats carries penalties as provided in Section 236.31 of the Statutes. (c) Monuments disturbed or not placed carries penalties as provided in Section 236.32 of the Statutes. (d) Dividing a Lot or Parcel, or use if so divided, in a recorded plat or certified survey map for purposes of sale or building development not in compliance with the provisions of Chapter 236 of the Statutes, to any applicable ordinance of an approving authority, or to the rules of the Wisconsin Department of Safety and Professional Services carries penalties as provided in Section 236.335 of the Statutes. (e) An Assessors’ Plat made under Section 70.27 of the Statutes may be ordered as a remedy by the town or County, at the expense of the subdivider, when a subdivision, as defined in this Ordinance, is created by successive divisions. 7.4.13 Open Space Design Option (1) Intent. 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. (2) Objectives. 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. (3) Application of the Open Space Design Option. 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 ____, 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. (4) Primary and Secondary Open Space. 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. (5) Development Requirements. (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 ____. (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 ____ above and shall satisfy the requirements of section ____. Except as noted in section ____ 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 ____) (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 ____). (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 ____) 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. (6) Minimum Design Standards. (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 as long as the agricultural use exists. (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 _____, 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 _____]. (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) 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. (7) Site Analysis and Design Process. 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 ____ 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 ____ 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 _____ 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. (8) Site Review Principles. 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. (9) Management Of Open Space. 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 ____, 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) 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. 7.4.14 Definitions For the purpose of this Ordinance, certain words or phrases shall have meanings that either vary somewhat from their customary dictionary meaning or are intended to be interpreted to have a specific meaning. Words used in the present tense include the future. The word “person” includes a firm, association, partnership, trust, company, or corporation as well as an individual. The word “he” includes the word “she”. The singular number includes the plural number, and the plural number includes the singular number. The word “shall” is mandatory and not advisory, the word “should” is advisory, and the word “may” is permissive. Any words not defined in this Ordinance shall be presumed to have their customary dictionary definitions. Agency, Advisory. Any agency, other than an objecting agency, to which a plat or certified survey map may be submitted for review and comment. An advisory agency may give advice to the town and County and suggest that certain changes be made to the plat or certified survey map, or it may suggest that a plat or certified survey map be approved or denied. Suggestions made by an advisory agency are not binding on the County planning and zoning committee or town board. Examples of advisory agencies include the North Central Wisconsin Regional Planning Commission (NCWRPC), Wisconsin Department of Natural Resources, local school districts, and local utility companies. Agency or Authority, Approving. Each governmental body having authority to approve or reject a subdivision plat or minor land division as set forth in Section 236.10 of the Wisconsin Statutes. Governing bodies with approving authority include the town board, the governing body of the municipality having extraterritorial plat approval authority such as the City of Stevens Point and villages within the County, and the Portage County Board. Agency, Objecting. An agency empowered to object to a subdivision plat pursuant to Chapter 236 of the Statutes. The town and County may not approve any plat upon which an objection has been certified until the objection has been satisfied. Objecting agencies include the Wisconsin Department of Administration, the Wisconsin Department of Safety and Professional Services if the land to be subdivided will be served by a private onsite wastewater treatment system (POWTS), and the Wisconsin Department of Transportation if the land to be subdivided abuts a State trunk highway or connecting highway or street. Alley. A special public way providing only secondary access to abutting properties. Block. A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shorelines of waterways, or corporate boundary lines. Buffer. An area separating land uses and may consist of open areas, existing natural vegetation, or new landscaping, such as trees, shrubs, and berms. Buildable Lot Area. The portion of a lot remaining after required yards have been provided and conservancy, floodplain, and other unbuildable areas excluded, which contains sufficient buildable area to properly accommodate a building and driveway, and a well and POWTS if required. Building. Any structure having a roof supported by columns or walls. Building Setback Line. A line generally parallel to a lot line and at a distance from the lot line to comply with the County zoning ordinance’s yard requirements and the requirements of this Ordinance. Certified Check. A form of check in which a bank verifies that sufficient funds exist in an account to cover the check, and the bank certifies accordingly, at the time the check is written. The funds are then held in the bank’s internal account until the check is cashed or returned by the payee. Said check shall have sufficient funds, and its liquidity is similar to cash, absent failure of the bank. Certified Survey Map. A map prepared in accordance with Section 236.34 of the Statutes and this Ordinance for the purpose of dividing land into not more than 4 (or 6 in the C-1, C-2, C-3, C-4, or IND zoning districts per 236.34(1)(ar)1.) parcels or building sites; or used to document, for recording purposes, survey and dedication data relating to single parcels. Certified survey maps are also referred to as minor land divisions. Common Open Space. See “Open Space, Common”. Comprehensive Plan. Any extensively developed plan adopted by the County board or by the governing body of a city, village, or town pursuant to Section 66.1001 of the Wisconsin Statutes. Components of a comprehensive plan include, but are not limited to, a land use, transportation system, urban redevelopment, park and open space, stormwater management, and neighborhood unit development plans, and public facility plans. Devices for the implementation of such plans include zoning and land division control ordinances. Condominium. A form of ownership combining individual unit ownership with shared use and ownership of common property or facilities, established in accordance with Chapter 703 of the Wisconsin Statutes. Common areas and facilities are owned by all members of the condominium association on a proportional, undivided basis. A condominium is a legal form of ownership and not a specific building type or style. Condominium Association. An association, whose members consist of owners of units in a condominium, which administers and maintains the common property and common elements of a condominium. The association is responsible for maintaining the common facilities and grounds and delivering services, but does not own the common facilities. Condominium Declaration. The condominium instrument by which property becomes subject to Chapter 703 of the Statutes. Condominium Instrument. Recorded documents relating to the creation and subsequent modification of the condominium, including the declaration, plats, and plans of a condominium together with any attached exhibits or schedules and addendums or amendments. Condominium Plat. See “Plat, Condominium.” Condominium, Small. For the purpose of this Ordinance, small condominium means a condominium with not more than 6 units. Condominium Unit. A part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or parts thereof) in a building. A unit may include two or more noncontiguous areas. Conservation Easement. The grant of a property right or interest from the property owner to another person, agency, unit of government, or other organization stipulating that the described land shall remain in its natural, scenic, open, agricultural, or wooded state, precluding future or additional development. Conversion Condominium. A structure which, before the recording of a condominium declaration, was wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units or those who occupy with the consent of the purchasers. County planning and zoning committee and/or Planning Agency. The Portage County Planning and Zoning Committee created by the County Board as authorized by Statute to plan land use and to review subdivision plats, condominium plats, and certified survey maps. The Committee is supported by staff from the Portage County Planning and Zoning Department and other applicable supporting County departments. County Zoning Ordinance. Chapter 7, “Portage County Zoning,” of the County municipal code. Covenant. A restriction on the use of land, usually set forth in a deed. Cross Access. A shared access drive or traffic aisle between adjoining or adjacent properties with compatible land uses which usually allows access between adjacent parking areas located on different lots without traveling on adjacent public streets or highways. Datum. A system that serves as a basis for land survey measurements and calculations. Declaration of Restrictions. A set of restrictions filed by a subdivider, subdivision (homeowners) association, or condominium association stating rules residents must follow, including a statement of all the covenants, conditions, and restrictions that affect a parcel of land. A subdivider may note the restrictions on the map or plat when recording the subdivision or condominium plat. If the restrictions are numerous, the subdivider may prepare a separate document called a declaration or declaration of restrictions, listing all the restrictions, and then record that declaration. Deed Restrictions. A restriction on the use of a property set forth in a deed. Development or Subdivider’s Agreement. An agreement entered into by and between a town and a subdivider whereby the town and subdivider agree as to the design, construction, and installation of required public improvements, including improvements required by this Ordinance; the payment for such public improvements; dedication of land; and other matters related to the requirements of this Ordinance. The development agreement shall not come into effect unless and until a letter of credit or other appropriate surety or fees have been provided to the town and County by the subdivider. Engineer, Town or County. A professional engineer who is a full-time employee of the town or County or consulting professional engineer who provides consulting or resident staff services to the town or County. Extraterritorial Plat and Certified Survey Map Approval Jurisdiction. The unincorporated area within one- and-one-half (1 1/2) miles of a fourth class city or a village and within 3 miles of all other cities. Wherever such statutory extraterritorial powers overlap with those of another city or village, the jurisdiction over the overlapping area shall be divided on a line, all points of which are equidistant from each community, so that not more than one city or village exercises extraterritorial powers over any area. Final Plat. See “Plat, Final.” Floodplains. Those lands, including the floodplains, floodways, and channels, subject to inundation by the one percent annual probability (100-year recurrence interval) flood, or, where such data is not available, the maximum flood of record. Frontage. The smallest dimension of a lot abutting a public street measured along the street line. Green Development. The integration of techniques that help conserve natural resources by arranging land uses and site features (i.e. lots, buildings, and infrastructure) to include or be close to services, employment centers and alternative transportation systems (i.e. public transit, sidewalks, and bicycle facilities); protecting existing natural resources; providing opportunities to practicably harness renewable energy sources, where possible (i.e. south-oriented buildings capturing passive solar radiation); utilizing sun, wind, and/or earth for natural lighting, ventilation, heating, cooling, and other purposes (i.e. solar panels, wind turbines, wind catchers/ventilation shafts, and geothermal systems); using green infrastructure; incorporating local, reused, recycled, recyclable, or eco-friendly construction materials and energy efficient appliances; and including other energy and water conservation and efficiency measures into site and building designs. The term is also sometimes referred to as “low impact development (LID).” Green Infrastructure. Incorporating stormwater management systems (sometimes called “green stormwater infrastructure”) that mimic nature to improve water quality and reduce flooding by storing, infiltrating, or evapotranspiring stormwater through the use of bioswales, infiltration trenches, bioretention basins with under drains, curb openings into tree wells, rain gardens and barrels or cisterns, rooftop and wall or “vertical” gardens, porous or permeable pavements with restricted salt and pollutants in such areas, drought-tolerant landscaping materials and techniques, and other energy and water conservation and efficiency measures into site and building designs. It also means to include or use natural hydrologic features of an ecological system such as vegetation (wetlands and woodlands), soil, waterways and other natural processes often located in environmental corridors that provide habitat, flood protection, and cleaner air and water. Hedgerow. A row of shrubs or trees planted or preserved for enclosure or separation of fields. High Groundwater Elevation. The highest elevation to which subsurface water rises. This may be evidenced by the actual presence of water during wet periods of the year, or by soil mottling during drier periods. Mottling is a mixture or variation of soil colors. In soils with restricted internal drainage, gray, yellow, red, and brown colors are intermingled giving a multicolored effect. Homeowners Association. An association combining individual home ownership with shared use, ownership, maintenance, and responsibility for common property or facilities, including private open space, within a land division. The association is responsible for maintaining the common facilities and grounds and delivering services, but may or may not own such common facilities. Improvement, Public. Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public sidewalk, pedestrian or recreational way, planting strip, or other facility for which the County or town may ultimately assume the responsibility for maintenance and operation. Land Division. Any division or conveyance of land or of an interest in land that results in the creation of one or more additional lots or parcels, including, without limitation, any subdivision or minor land division (certified survey map). A land division can be legally created only by means of a subdivision plat or certified survey map, and not a condominium plat. Land Division, Minor (Certified Survey Map). A minor land division is any division of land that: (1) Creates at least 2 but not more than 4 parcels or not more than 6 in the C-1, C-2, C-3, C-4 or IND zoning districts or building sites, inclusive of the original remnant parcel, any one of which is less than 35 acres in size, by a division or by successive divisions of any part of the original parcel within a period of 5 years; or (2) Divides a block, lot, or outlot within a recorded subdivision plat into at least 2 but not more 4 parcels or building sites, inclusive of the original remnant parcel, without changing the exterior boundaries of said plat or the exterior boundaries of blocks within the plat, and the division does not result in a subdivision. For the purpose of this Ordinance and in accordance with Sections 236.015(12)(bm) and 236.34(1)(ar) of the Statutes, a minor land division also includes a division of land into 6 or fewer parcels or lots, not including outlots, that may be created by a certified survey map for land zoned commercial, industrial, or mixed-use development (land in a C-1, C-2, C-3, C-4, or IND zoning district). Landscaping. Living noninvasive plant material, such as grass, groundcover, flowers, shrubs, vines, hedges, and trees; nonliving durable material such as rocks, pebbles, sand, mulch, wood chips, or bark; and structures such as fences, walls, and trellises. Letter of Credit. An irrevocable written agreement guaranteeing payment for improvements, entered into by a bank, savings and loan, or other financial institution authorized to do business in the State of Wisconsin and which has a financial standing acceptable to the town, which secures a subdivider’s obligation to pay the cost of designing, constructing, and installing required public improvements (including any improvements required by this Ordinance), and certain other obligations in connection with an approved land division. Lot. A parcel of land having frontage on a public street or other officially approved means of access occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the minimum lot width, lot frontage, lot area, yard/setback, parking area, and other provisions of the County zoning ordinance. No land dedicated to the public or reserved for roadway purposes shall be included in the computation for meeting minimum lot or parcel area requirements except in the A-1, A- 2, A-3, A-4 and A-20 Agricultural Districts. Lot, Corner. A lot abutting two or more streets at their intersection provided that the corner of such intersection shall have an angle of 135 degrees or less, measured on the lot side. Lot, Through (Double Frontage Lot). A lot which has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines but in the case of two or more contiguous through lots, a common front lot line shall be identified on the plat or CSM. The term is also sometimes referred to as a “double frontage lot”. Lot, Flag. A lot not fully fronting on or abutting a public street and where access to the public street system is by a narrow strip (sometimes called a “neck,” “narrow leg,” or “flag staff”) of land, easement, or private right-of-way where a driveway is usually located. Flag lots generally are not considered to conform to sound planning principles. Lot, Interior. A lot with frontage on one street which is bounded by adjacent lots along each side and usually a lot behind it fronting on a different street. Minor Land Division. See “Land Division, Minor.” Municipality. An incorporated city or village. Native Plants. Plants such trees, shrubs, grasses, and other plants that have developed naturally, or existed for many years in a given area. Navigable Water. Lake Michigan, all natural inland lakes within Wisconsin, and all rivers, streams, ponds, sloughs, flowages, and other waters within the territorial limits of Wisconsin which are navigable under the laws of this State. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. The Wisconsin Department of Natural Resources is responsible for determining if a water body or watercourse is navigable. A navigable waterway is defined through case law as any waterway that has a defined bed and bank, and on which it is possible to float a canoe or small watercraft on a recurring basis. Official Map. A document prepared and adopted by a city, village, or town with village powers pursuant to Section 62.23(6) of the Wisconsin Statutes, which shows the location of existing and planned streets, parkways, parks, playgrounds, railway rights-of-way, waterways, and public transit facilities. Open Space. Any site, parcel, lot, area, or outlot of land or water that has been designated, dedicated, reserved, or restricted from further development. Open space may be privately – or publicly-owned and shall be substantially free of structures, but may be used for landscaping and contain recreational facilities approved by the town or County. Such open space may include, but not be limited to, floodplains, wetlands, woodlands, prairie remnants, steep slopes, natural areas, critical species habitat sites, and other significant natural resource features. Open Space, Common. Privately-owned land within a land division that has been restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the land division. Common open space shall be substantially free of structures, but may be used for landscaping and contain recreational facilities approved by the town or County. Open Space, Public. Land within a land division that has been dedicated to the public for recreational or conservation purposes. Open space lands shall be substantially free of structures, but may be used for landscaping and contain recreational facilities approved by the town or County. Ordinary High Water Mark (OHWM) or Elevation. The average annual high water level of a pond, stream, lake, flowage, or wetland referred to an established datum plane, or where such elevation is not available, the elevation of the line up to which the presence of the water is so frequent as to leave a distinctive mark by erosion, change in, or destruction of, terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized topographic, geologic, or vegetative characteristic. The Ordinary High Water Mark (OHWM) is defined through case law as the point on the bank or shore of a waterway up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognized characteristic. Outlot. A parcel of land, other than a lot or block, so designated on the plat, but usually not of standard lot size, which is used to convey or reserve parcels of land. Outlots may be created to restrict a lot which is unbuildable due to high groundwater, steep slopes, or other physical constraints, or to create common open space. Outlots may also be parcels of land intended to be either redivided into lots or combined with one or more other adjacent outlots or lots in adjacent land divisions in the future for the purpose of creating buildable lots. An outlot may also be created if a lot fails to meet requirements for a POWTS, but which may be buildable if public sewer is extended to the lot or land division. Section 236.13(6) of the Statutes prohibits using an outlot as a building site unless it complies with all the requirements imposed for buildable lots. The County will generally require that any restrictions related to an outlot be included on the face of the plat. Parcel. A single piece of land separately owned, either publicly or privately, and capable of being conveyed separately. For the purpose of this Ordinance, public dedications and public rights-of-way are not considered parcels. No land dedicated to the public or reserved for roadway purposes shall be included in the computation of parcel or lot area except in the A-1, A-2, A-3, A-4 and A-20 Agricultural Districts. Planning Documents. Plans adopted by the town and County Boards for public facilities, transportation, future land use, sanitary sewer, water, storm sewer, capital improvements, and the County Historic Road Register Maps. Plat, Condominium. A map (not a certified survey map) prepared in accordance with Chapter 703 of the Wisconsin Statutes and this Ordinance for the purpose of creating and recording condominium units as defined herein. A “condominium plat” may be used to create condominium units along with specifying a condominium owner’s proportional share or ownership of common facilities and/or grounds and shall not be used to create lots or parcels. The creation of lots or parcels requires a “certified survey map” or “subdivision plat.” Plat, Final. A map prepared in accordance with the requirements of Chapter 236 of the Statutes and this Ordinance for the purpose of creating a subdivision. Plat, Preliminary. A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration. A preliminary plat precisely describes the location and exterior boundaries of the parcel proposed to be divided, and shows the approximate location of lots, streets, and other improvements. Plat, Subdivision. A map prepared in accordance with Chapter 236 of the Wisconsin Statutes and this Ordinance for the purpose of creating and recording a subdivision as defined herein. Public Improvement. Any sanitary sewer, storm sewer, open channel, water main, street, park, sidewalk, bicycle or pedestrian way, or other facility for which the town or County may ultimately assume the responsibility for maintenance and operation. Public Way. Any public road, street, highway, bicycle or pedestrian way, drainageway, or part thereof. Recreation Path or Way. For the purpose of this Ordinance, a multi-use path that provides opportunities for hiking/pedestrians and may accommodate bicycling, rollerblading, skateboarding, and other recreational uses. Redoximorphic Features. A feature formed in the soil matrix by the process of reduction, translocation, and oxidation of iron and manganese compounds in seasonally saturated soil which appear “mottled.” Replat. The process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat, certified survey map, or part thereof. The legal dividing of a large block, lot, or outlot within a recorded subdivision plat or certified survey map without changing exterior boundaries of said block, lot, or outlot is not a replat. Changes to condominium plats, such as merging or removal of condominiums, must meet the requirements of Chapter 703 of the Wisconsin Statutes, and condominium plats may not be used nor are considered a replat of a subdivision, certified survey map, or part thereof. Reserve Strip. Any land which would prohibit or interfere with the orderly extension of streets, bicycle or pedestrian ways, sanitary sewer, water mains, storm water facilities, or other utilities or improvements between two abutting properties. Resiliency. To withstand or recover from social, economic, and environmental crises or disasters. Sanitarian, County. The On-Site Waste Section of the Portage County Department of Planning and Zoning, Administrator, operating under the jurisdiction of the County and duly licensed by the State of Wisconsin, responsible for enforcement of County private sewage system ordinance (Chapter 7, Section 7.9 of the County municipal code). Shorelands. Those lands lying within the following distances: 1,000 feet from the ordinary high water mark or elevation of navigable lakes, ponds, and flowages; or 300 feet from the ordinary high water mark or elevation of navigable streams, or to the landward side of the floodplain, whichever distance is greater. Sketch or Concept Plan. A conceptual plan of a proposed land division that is submitted for informal review and shows the proposed layout of streets, lots, and other features in relation to existing conditions. Soil. The naturally occurring pedogenically developed and undeveloped regolith overlying bedrock. Soil, In Situ. Soil that is naturally formed or deposited in its present location or position and includes soil material that has been plowed using normal tillage implements and depositional material resulting from erosion or flooding. Soil Horizon. A layer of soil material approximately parallel to the land surface and differing from adjacent genetically related layers in physical, chemical, or biologic characteristics. Soil Horizon, “A.” A layer of mineral soil or soil material that formed at the surface or below an “O” horizon and 1) are characterized by an accumulation of humified organic matter intimately mixed with the mineral fraction and not dominated by properties characteristic of “E” or “B” horizons or 2) have properties resulting from cultivation, pasturing, or similar kinds of disturbance. Soil Horizon, “A+4.” A layer of mineral soil or soil material located typically at ground surface and containing 4 inches of soil below the “A” horizon that is free of any redoximorphic soil features indicative of soil saturation and consist of soil diagnostic characteristics indicative of “B”, “C”, or “E” horizons. [For purposes of this Ordinance and Chapter 7, Section 7.9 of the County municipal code, this is the soil criteria used for all lands being subdivided.] Soil Horizon, “B.” A layer formed below an A, E, or O horizon and is dominated by an obliteration of all or much of the original rock structure and by 1) illuvial concentration of silicate clay, iron, aluminum, humus, carbonates, gypsum, or silica, alone or in combination thereof; 2) evidence of removal of carbonates; 3) residual concentration of sesquioxides; 4) coatings of sesquioxides that make the horizon conspicuously lower in value, higher in chroma, or redder in hue than overlying and underlying horizons without apparent illuviation of iron; 5) alteration that forms silicate clay or liberates oxides or both and that forms granular, blocky, or prismatic structure if volume changes accompany changes in moisture content; or 6) any combination of these. Soil Horizon, “C.” A layer, excluding hard bedrock, that is little affected by pedogenic processes and lack properties of O, A, E, or B horizons. Most C horizons are mineral layers, but limnic layers, whether organic or inorganic, are included. The material of C layers may be either like or unlike that from which the solum presumably formed. Soil Horizon, “E.” A mineral horizon in which the main feature is loss of silicate clay, iron, aluminum, or some combination thereof, leaving a concentration of sand and silt particles of quartz or other resistant minerals. Soil Horizon, “O.” A layer dominated by organic material, except limnic layers that are organic. Some layers are saturated with water for long periods or were once saturated by are now artificially drained and others have never been saturated. Soil Mapping Unit. Soil type, slope, and erosion factor boundaries as shown on the operational soil survey maps prepared by the U.S. Natural Resources Conservation Service (formerly known as the U.S. Soil Conservation Service). Street, Arterial. A street used, or intended to be used, primarily for fast or heavy through traffic. Arterial streets shall include freeways and expressways as well as standard arterial streets and highways. Street, Collector. A street used, or intended to be used, to carry traffic from minor land-access streets to the system of arterial streets, including the principal entrance streets to residential developments and/or activity or employment centers. Street, Cul-de-sac. A minor land-access street with only one (1) outlet and closed at the other end with a turn-around for safe and convenient traffic movement. Street, Frontage. A minor land-access street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development. Street, Minor Land-Access. A street used, or intended to be used, primarily for access to abutting properties. Such streets are sometimes called land-access streets or minor streets. Street or Highway, Connecting. A marked route, not a State trunk highway per se, of the state trunk highway system over certain streets and highways in municipalities which the Wisconsin Department of Transportation has designated as a “connecting highway” (see Section 86.32 of the Wisconsin Statutes). Subdivider. Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor subdivision, or replat, or any person who creates a condominium under Chapter 703 of the Wisconsin Statutes. Subdivision. The division of a lot, outlot, parcel, or tract of land by the owner thereof, or the owner’s agent, for the purpose of sale, transfer of ownership, or building development, where the act of division creates 5 or more parcels or building sites, inclusive of the original remnant parcel, of less than 35 acres in area, by a division or by successive division of any part of the original property within a period of 5 years. In accordance with Sections 236.015(12)(bm) and 236.34(1)(ar) of the Statutes, the word “subdivision” does not include a division of land into 6 or fewer parcels or lots, not including outlots, that may be created by a certified survey map for land in a C-1, C-2, C-3, C-4, or IND zoning district. Surety Bond. A bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled by the subdivider. Sustainability. The capacity to meet the needs of the present generation without compromising the ability of future generations to meet their own needs. Vision Clearance Triangle. A triangular shaped portion of land established at street or highway intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to severely limit or substantially obstruct the sight distance of motorists entering or leaving the intersection. Wetlands. An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which has soils indicative of wet conditions. Wisconsin Administrative Code. Regulations, commonly referred to as rules, written and promulgated by State agencies to supplement, implement, or interpret laws enacted by the Wisconsin Legislature. The rules are referred to based on the agency that is responsible for administering the rules. For example, “SPS” refers to rules administered by the Department of Safety and Professional Services; “NR” refers to rules administered by the Department of Natural Resources, and “Trans” refers to rules administered by the Department of Transportation. Portions of the Administrative Code that particularly affect planning include SPS 383 (requirements for private onsite wastewater treatment systems); NR 115 (requirements for shoreland areas and shoreland-wetlands in towns and counties; NR 116 (floodplain requirements); NR 117 (requirements for shoreland-wetlands in cities and villages); and Trans 233 (requirements for subdivisions abutting State highways). The Wisconsin Administrative Code is available on the Legislature’s web page at https://docs.legis.wisconsin.gov/code. Wisconsin Statutes. The body of law enacted by the Wisconsin State Legislature. Portions of the Wisconsin Statutes that particularly affect planning include Chapter 236 (land division requirements); Chapter 703 (condominium plat requirements); Section 62.23 (zoning and master planning requirements for cities and villages, and towns that have adopted village powers); Section 66.1001 (comprehensive planning requirements); and Chapter 59 (zoning requirements for counties). The Wisconsin Statutes are available on the Legislature’s web page at https://docs.legis.wisconsin.gov/statutes. Woodlands. Upland areas at least one (1) acre in extent covered by deciduous or coniferous trees. Zoning Administrator. The officer designated by the County Board of Supervisors to administer this Ordinance such as the Director of the Planning and Zoning Director or their designee.