Subdivision design standards shall apply to all divisions of
land regulated by this chapter. Land division layouts shall be planned
in proper relation to existing and proposed land divisions and roads,
topography, surface water, vegetative cover, and other natural features.
(1)
Land divisions shall be designed so as to minimize soil erosion and
to provide reasonable management of surface water drainage. The Committee
may require engineering studies of erosion potentials and may impose
preventive design requirements. The Committee may require documentation
of surface water drainage patterns and may impose design requirements
to assure that flows are transported and disposed of without causing
undue erosion and siltation of surface waters, undue runoff onto adjoining
lands, roads, or other rights-of-way or excessive infiltration into
locations of on-site wastewater disposal facilities. Subdividers may
request assistance from the Department and the Oneida County Land
and Water Conservation Department in meeting the above requirements.
Subdivision of lands may be subject to provisions found in Wis. Adm.
Code NR 151 and NR 216.
(2)
Stormwater Easement and Drainage Right-of-Way. Where a subdivision
is traversed by a watercourse, drainageway, channel, or stream, there
shall be provided a stormwater easement or drainage right-of-way conforming
substantially to the lines of such watercourse and of such width or
construction or both as is adequate for drainage purposes. Wherever
possible, it is desirable that the drainage be maintained by an open
channel with natural or landscaped banks and adequate width for maximum
potential volume of flow.
(1)
General Considerations for Public, Private and Easement Roads. Roads
shall be designed and located in relation to existing and planned
public roads, private roads, and subdivisions. Roads shall be designed
and located according to topographic conditions and natural terrain,
to promote convenience and safety, and in appropriate relation to
the proposed uses of land to be served by such public and private
roads.
(a)
These provisions shall apply to all public, private, and easement
roads within the jurisdiction of this chapter.
(b)
All lots in State, County, and town subdivision plats shall
front on public, private, or easement roads, except as set forth in
Subsection (2) below.
(c)
For newly created subdivisions, right-of-way width for public, private, or easement roads shall be at least 66 feet, except as provided in § 15.23(2)(a).
(d)
Any municipality of jurisdiction may impose more restrictive
road construction or design standards than those imposed herein. In
those situations, the municipality of jurisdiction shall be responsible
for enforcing those more restrictive requirements.
(e)
Before the final plat is submitted for final approval, the subdivider
shall provide written proof to the Department that all road work is
either already satisfied or will satisfy all road concerns with the
municipality of jurisdiction. Failure to provide this information
will deem the project incomplete. In the case of where a plat is filed
which includes a road dedication as a public road and is signed by
the municipality of jurisdiction, no additional proof of satisfaction
is required.
(f)
An owner's certificate of dedication and a town certificate
of approval shall be on certified survey maps of minor subdivisions
when public roads are created and dedicated.
(g)
Public, private, and easement road names are subject to approval
by the Land Information Office to ensure unique naming. Before any
minor subdivision, town subdivision, County subdivision, or State
subdivision can be approved for recording, new roads shall be named
and these names, as approved, shall appear on the document to be recorded.
(h)
All public, private, and easement roads shall have sufficient
side and overhead clearances to allow access and an adequate turnaround
for emergency, police, fire, utility, and school bus usage.
(i)
Public, private, and easement roads that are existing at the
time of the effective date of this chapter that are proposed to provide
access to newly created parcels shall meet the requirements as specified
in this section. If the road does not meet the requirements, the subdivider
shall meet with the town and Committee to determine the suitability
of the existing road and determine what conditions need to be met
to provide for adequate access.
(2)
General Provisions for Private and Easement Roads. These provisions
shall apply to all private and easement roads intended to provide
access to newly created parcels.
(a)
A minimum of a 33 feet wide right-of-way width is required for any private road/easement that will provide access from a public road to not more than two lots. Further re-division of lands may not be possible unless the private easement road satisfies § 15.23(1)(c).
(b)
In the event a town does not have private or easement road development
standards, the following standards shall apply:
(c)
Private roads and easement roads from an existing public road
to the newly created lot(s) shall be clearly labeled and surveyed
and a monumented center line shall be shown on the certified survey
map.
(d)
Private roads and easement roads serving lots or parcels in
a subdivision, or connecting a subdivision to a public road, shall
be jointly held by the property owners in fee simple or by easement,
and a recorded agreement approved by the Department shall provide
for the repair and maintenance of such private and/or easement road.
(3)
Width of Roadways. Paving widths of all roadways shall be determined
by the town board but shall not be less than that specified in § 82.50,
Wis. Stats.
(4)
Culs-de-sac or "T" Turnarounds.
(a)
The use of culs-de-sac in road layouts shall be limited to portions
of developments which, due to unusual shape, size, location, or topography,
floodplain, wetland, or other condition, may better be served by culs-de-sac
than by continuous streets.
(b)
Unless waived by the town board and Committee, the radius of
a permanent cul-de-sac right-of-way shall be not less than 60 feet.
The roadway within the turnaround shall have a minimum roadway width
of 35 feet radius.
(c)
The Department may approve "T" turnarounds or a different design
on a case-by-case basis, with town board and Committee approval.
(5)
Road Intersections. The town board or Committee may require the developer
to dedicate or reserve land at intersections to the extent deemed
necessary to provide adequate sight distances.
(6)
Utility Easements. The Committee may require easements for electric
power and communication facilities, storm and sanitary sewer, roads,
gas, water or other utility lines. Where such easements are specifically
located within the area being divided, they shall be placed so as
not to interfere unreasonably with the use and enjoyment of the property
for residential or other purposes. All easements shall be noted on
the final plat followed by reference to intended use; such easements
shall be at least 10 feet wide. All roads are subject to utility easements.
(7)
Driveway Access. Driveway access points shall be located and shown
on the plat where the municipality of jurisdiction deems necessary
due to visibility, safety, and topography concerns.
(1)
Minimum Lot Size Requirements.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(a)
In all areas within the jurisdiction of the Oneida County Zoning
and Shoreland Protection Ordinance, the minimum lot size shall be
as specified in Appendix A.
(b)
In all areas that do not come under the jurisdiction of the
Oneida County Zoning and Shoreland Protection Ordinance, the minimum
lot size shall be as specified in Appendix A, District No. 10, General
Use District of such ordinance.
(c)
The area located below the OHWM of any navigable water shall
not be included in the minimum lot size of any lot or parcel created
under the terms of this chapter.
(d)
The
minimum lot size shall not include town, County, state or federal
right-of-way (ROW).
(2)
Minimum Buildable Area Criteria for New Land Divisions. The Proposed
Lots must meet the following criteria:
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(a)
Except
for public and private parks, 10,000 contiguous square feet of the
minimum lot area shall:
1.
Not
contain any shoreland-wetlands.
2.
Is
above the elevation of the regional flood as defined in Ch. NR 116,
Wis Adm. Code.
3.
Is
at least two feet above the highest known water elevation of any body
of water whose regional flood is undefined
4.
Must
have dry-land access to a public or private road.
5.
Be
free of easements greater than 20 feet in width.
(3)
Residential Lots. Residential lots to be served by private on-site
wastewater treatment systems (POWTS) shall comply with the rules of
the Department of Safety and Professional Services and the Oneida
County Private On-Site Wastewater Treatment Systems Ordinance.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(4)
Lot Frontage. Every lot shall have a minimum of 33 feet of frontage directly on a public, private or easement road except as provided in § 15.23(1)(c).
(5)
Drainage Requirements. Lots shall be laid out so as to provide positive
drainage away from all buildings, and individual lot drainage shall
be coordinated with the general storm drainage pattern for the area.
Drainage shall be designed so as to avoid concentration of storm drainage
water from each lot to adjacent lots.
(6)
Outlots. No outlot in a subdivision may be used as a building site
for human habitation unless it is in compliance with all restrictions
imposed by § 236, Wis. Stats., the provisions of this chapter
and the Oneida County Zoning and Shoreland Protection Ordinance.
Keyhole development as defined in § 9.93(H), Oneida
County Zoning and Shoreland Protection Ordinance, is prohibited.