The purpose of this chapter is to regulate the subdivision of
land to promote public health, safety and general welfare; to further
the orderly layout and use of land, to facilitate adequate provision
for water, sewerage and other public requirements; to provide for
property ingress and egress; and to promote proper monumenting of
land subdivided and conveyancing by accurate legal description. The
approvals to be obtained by the subdivider as required in this chapter
are based on requirements designed to accomplish the aforesaid purposes.
It is not the intent of this chapter to repeal, modify, abrogate,
annul, impair or interfere with existing easements, covenants, deed
restrictions, other ordinances or permits previously adopted or issued
pursuant to law. However, where this chapter imposes greater restrictions,
the provisions of this chapter shall govern.
In the interpretation and application of this chapter, provisions
shall be held to be the 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.
(1)
If any section, provision or portion of this chapter is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
(2)
The County does not guarantee, warrant or represent that only those
areas designated as floodplains will be subject to periodic inundation
and thereby asserts that there is no liability on the part of the
County, its agencies or employees for sanitation and water supply
problems or structural damages that may occur as a result of reliance
upon and conformance with this chapter.
(1)
In any case where a provision of this chapter is found to be in conflict
with a provision of any County or local government body, zoning, building,
fire safety or health ordinance existing on the effective date of
this chapter, the provisions that establish the higher standard for
the protection of public health, safety and general welfare shall
prevail.
(2)
In any case where a provision of this chapter is found to be in conflict
with a provision of any other County or local governing body ordinance
existing on the effective date of this chapter, which establishes
a lower standard for the protection of the public health, safety and
general welfare, the provisions of this chapter shall be deemed to
prevail and such other ordinances are hereby declared to be repealed
to the extent that they may be found in conflict with this chapter.
This chapter shall be effective after adoption by the County
Board and publication or posting as provided by law (July 1, 2010).
The County planning agency is the Oneida County Planning and
Zoning Committee.
The provisions of this chapter apply to all lands within Oneida
County, except within the corporate limits of any incorporated area.
Where a duly adopted town subdivision ordinance is more restrictive
than this chapter, the town is ultimately responsible to enforce its
own more restrictive ordinance requirements.
(1)
This chapter shall apply to:
(a)
The act of division of a lot, parcel, or tract by the owner
thereof or his/her agent where the act of division creates one or
more new lots, parcels, or tracts smaller in area than herein provided.
(b)
The sale or exchange of parcels of land between owners of adjoining
property if the parcels are reduced below the minimum sizes required
by this Code or other applicable laws and ordinances.
(2)
This chapter shall not apply to:
(a)
Transfers of interest in land by will or pursuant to court order
(§ 236.45(2), Wis. Stats.).
(b)
Leases for a term not to exceed 10 years, mortgages, or easements
(§ 236.45(2), Wis. Stats.).
(c)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this Code or other
applicable laws and ordinances, (§ 236.45(2), Wis. Stats.).
The sale or exchange must be reviewed by the Department for the purpose
of verifying that additional lots are not thereby created and the
lots resulting therefrom are not reduced below the minimum sizes required
by law.
(d)
Assessor's plats made under § 70.27, Wis. Stats.
(e)
The resurvey of an existing parcel which does not result in a division as defined in § 15.10(1)(a).
(f)
Parcels of property put into Managed Forest Crop and Managed
Forest Law pursuant to § 77, Wis. Stats., provided the non-Managed
Forest Law property remains in the same ownership as the Managed Forest
Law property.
(g)
Cemetery plats made under § 157.07, Wis. Stats.
No person shall divide any land located within the jurisdiction limits of these regulations contrary to the provision of this chapter, Chapters 9, 13, and 20 of the General Code of Oneida County, Wisconsin Statutes, or Wisconsin Administrative Code. No such subdivisions shall be entitled to record and no road shall be laid out or improvements made to land without compliance with all requirements of this chapter.
(1)
No land shall be divided which is determined by the County Zoning
Director, his or her designee, or Committee, to be unsuitable for
its proposed use for reasons of flooding, inadequate drainage, adverse
soil or rock formation, slope, severe erosion potential, known contaminated
water supply, or any other feature(s) or circumstances to be harmful
to the health, safety or general welfare of the future residents of
the land division or of the community.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(2)
Lands deemed unsuitable may, with the approval of the Committee,
be divided and designated as an outlot as defined in Chapter 15.33
(Definitions). It must be designated as an outlot on the face of the
plat or certified survey map. Furthermore, it must be noted on the
face of the plat or certified survey map it is unsuitable for habitable
structures, sanitary facilities or other development uses.
(1)
Any contiguous parcel or tract which is owned, controlled or managed
as a single entity shall be treated as a single parcel or tract for
the purpose of this chapter, unless it is bisected by an existing
dedicated street, existing public road, a meandered or unmeandered
lake, and any navigable waters per definition. An unmeandered or intermittent
stream, creek, or drainage ditch does not bisect a parcel. The Director
shall determine whether the proposed land division satisfies the above
definition, and this determination shall be subject to review by the
Committee. Land divisions are classified under this chapter as either:
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(a)
Access and Utility Review Subdivision. Any division of land
resulting in a parcel greater than 10 acres in size will be reviewed
for access to a town, County, State or federal road or highway as
well as applicable utilities.
(b)
Minor Subdivision. A minor subdivision shall include the creation
of one, but not more than eight parcels, lots, or building sites which
are 10 acres or less in size within any five-year period.
(c)
County and Town Subdivision. A County subdivision shall include
the creation of nine or more parcels, lots, or building sites which
are 10 acres or less in size within any five-year time period.
(d)
State Subdivision. Land divisions meeting the definitions of
State subdivisions are subject to mandatory State review under § 236,
Wis. Stats., as well as County review under this chapter.
