The following definitions shall be applicable in this chapter:
ALLEY
A public right-of-way which normally affords a secondary
means of vehicular access to abutting property.
ARTERIAL STREET
A street which provides for the movement of relatively heavy
traffic to, from or within the City. It has a secondary function of
providing access to abutting land and to collector and minor streets.
BIKEWAY
A bike route completely apart from a street and restricted
to bicycle, pedestrian, and maintenance vehicle traffic.
BLOCK
An area of land within a subdivision that is entirely bounded
by a combination or combinations of streets, exterior boundary lines
of the subdivision and streams or water bodies.
BUILDING LINE or BUILDING SETBACK LINE
A line parallel to a lot line and at a distance from the
lot line so as to comply with the yard and setback requirements of
the City Zoning Code, or any restriction on the plat which identifies
a line on the plat as a building setback line.
CITY
The City of Weyauwega, Waupaca County, Wisconsin, and, where
appropriate, its City Council, commissions, committees and authorized
officials.
COLLECTOR STREET
A street which collects and distributes internal traffic
within an urban area, such as a residential neighborhood, between
arterial and local streets. It provides access to abutting property.
COMMISSION
The Plan Commission created by the City Council pursuant
to § 62.23, Wis. Stats.
COMPREHENSIVE PLAN
The extensively developed plan adopted by the City Plan Commission
and certified to the City Council pursuant to § 62.23, Wis.
Stats., including detailed neighborhood plans, proposals for future
land use, transportation, urban redevelopment and public facilities.
Devices for the implementation of these plans, such as zoning, official
map, land division, and building line ordinances and capital improvement
programs, shall also be considered a part of the Comprehensive Plan.
CONCEPT PLAN
A preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
CONDOMINIUM DEVELOPMENT
A real estate development in which a condominium form of
ownership pursuant to Ch. 703, Wis. Stats., is utilized.
CONSOLIDATION
Legally merging two or more recorded parcels into a single
parcel.
CONVEYANCE
Where the title or any part thereof is transferred by the
execution of a land contract, option to purchase, offer to purchase
and acceptance, deed or certified survey.
CUL-DE-SAC
A local street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
DEAD-END STREET
A street permanently or temporarily closed at one end, with
or without turnarounds.
DEVELOPMENT
Residential, commercial, industrial, governmental and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities,
including but not limited to full- or part-time municipal police and
fire protection and community administration; additional public streets
and highways; neighborhood parks and playgrounds; neighborhood schools;
local libraries; public sanitary sewer facilities, public water supply
facilities, and public solid waste removal; storm sewers; mass transit
facilities; continual street maintenance; curbs, gutters, and sidewalks;
streetlighting; and neighborhood convenience shopping. Such development
may be expected to alter or require the altering of land and land
cover and have detrimental impact on the groundwater and surface water.
DIVISION OF LAND
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for any purpose, including sale, development,
foreclosure or condemnation.
DRAINAGEWAY
An open area of land, either in an easement or dedicated
right-of-way, the primary purpose of which is to carry stormwater
on the ground surface in lieu of an enclosed storm sewer. Drainageways
may serve multiple purposes in addition to their principal use, including
but not limited to maintenance, bicycle and pedestrian traffic, sanitary
sewers, water mains, storm sewers, stormwater detention, park development,
and other related uses.
EASEMENT
The area of land set aside or over or through which a liberty,
privilege or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three 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 community exercises extraterritorial
powers over any area.
FINAL PLAT
The final map, drawing or chart on which the subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the County Register of Deeds.
FLOODLANDS
Those lands, including the floodplains, floodways, and channels,
subject to inundation by the one-hundred-year recurrence interval
flood or, where such data is not available, the maximum flood of record.
FRONTAGE STREET
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
HALF STREET
A street, either existing as or proposed to be, half of the
required right-of-way width, with the intention that the adjoining
half will be platted at the time the adjoining lands are subdivided,
or an existing street of which, due to reasons of ownership, only
half of the right-of-way is within the boundaries of a proposed land
division or annexation.
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.
HIGH WATER ELEVATION (SURFACE WATER)
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 distinct mark
by erosion, change in or destruction of vegetation, or other easily
recognized topographic, geologic, or vegetative characteristic.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip or other facility for which the City may ultimately assume the
responsibility for maintenance and operation.
LOCAL STREET
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
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
lot width, lot frontage, lot area, yard, parking area and other open
space provisions of this chapter and any applicable zoning ordinance.
LOT AREA
The area contained within the exterior boundaries of a lot,
excluding streets and land under navigable bodies of water.
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° or less, measured on the lot side.
LOT DEPTH
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
LOT, DOUBLE FRONTAGE
A lot, other than a corner lot, with frontage on more than
one street. Double frontage lots shall normally be deemed to have
two front yards and two side yards and no rear yard. Double frontage
lots shall not generally be permitted unless the lot abuts an arterial
highway. Double frontage lots abutting arterial highways should restrict
direct access to the arterial highway by means of a planting buffer
or some other acceptable access buffering measure.
LOT LINES
The peripheral boundaries of a lot as defined herein.
LOT, REVERSED CORNER
A corner lot which is oriented so that it has its rear lot
line coincident with or parallel to the side lot line of the interior
lot immediately to its rear.
LOT, THROUGH
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
LOT WIDTH
The width of a parcel of land measured along the front building
line.
MAJOR THOROUGHFARE
A street used or intended to be used primarily for fast or
heavy through traffic. Major thoroughfares shall include freeways,
expressways and other highways and parkways, as well as arterial streets.
MINOR STREET
A street used, or intended to be used, primarily for access
to abutting properties, also referred to as a "local street."
MINOR SUBDIVISION (CERTIFIED SURVEY MAP)
Any division of land not defined as a subdivision. Minor
subdivisions include the division of land by the owner or subdivider
resulting in the creation of two, but not more than four, parcels
or building sites, any one of which is less than 35 acres in size,
or the division of a block, lot or outlot within a recorded subdivision.
A certified survey map may be used to change the boundaries of lots
and outlots within a recorded plat or recorded certified survey map
if the redivision does not result in a subdivision or violate a local
subdivision regulation. A certified survey map may not alter the exterior
boundary of a recorded plat, areas previously dedicated to the public
or a restriction placed on the platted land by covenant, by grant
of an easement or by any other manner.
NATIONAL MAP ACCURACY STANDARDS
Standards governing the horizontal and vertical accuracy
of topographic maps and specifying the means for testing and determining
such accuracy, endorsed by all federal agencies having surveying and
mapping functions and responsibilities.
NAVIGABLE STREAM
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes.
OFFICIAL MAP
A map indicating the location, width, and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the City Council pursuant to the
Wisconsin Statutes.
OUTLOT
A parcel of land, other than a lot, so designated on a plat
or certified survey and which is not intended for building or structure
development in the proposed land division.
OWNER
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these having
any pecuniary interest in lands regulated by this chapter.
PARCEL
Contiguous lands under the control of a subdivider, whether
or not separated by a combination of streets, exterior subdivision
boundary lines, streams, or other water bodies.
PEDESTRIAN PATHWAY
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians only; it may
also provide public right-of-way for utilities.
PERSON
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust, or any other legal entity.
PLANNED UNIT DEVELOPMENT or PUD
A form of development usually characterized by a unified
site design for a number of housing units. The concept usually involves
clustering of buildings, providing common open space, and mixing different
types of housing (single-family, duplexes, and multifamily). Ordinances
permitting planned unit developments permit planning a project and
calculating densities for the entire development rather than on an
individual lot by lot basis. It is hereby declared that regulating
planned unit developments requires greater involvement of public officials
in site plan review and development aspects of both zoning and land
division regulation since such developments require exceptions from
both types of regulation.
PLAT
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the City for approval.
PRELIMINARY PLAT
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission
for its consideration as to compliance with the Comprehensive Plan
and these regulations along with required supporting data.
PROTECTIVE COVENANTS
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of all private
or platted property within a subdivision for the benefit of the public
or property owners and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway, or
part thereof.
REPLAT
The process of changing, or a map or plat which changes,
the boundaries of a recorded subdivision plat or part thereof. The
legal dividing of a large block, lot or outlot within a recorded subdivision
plat without changing exterior boundaries of said block, lot or outlot
is not a replat.
RIGHT-OF-WAY
A public way dedicated to the public for its intended use.
SEWER SERVICE AREA
That portion of the City and the area within its extraterritorial
jurisdiction which has been designated by the City Council as the
area to which services required in urban areas shall be provided in
a planned and orderly process, particularly those facilities which
are placed on or in the land as part of the urban development process.
Such services include, but are not limited to, public sanitary and
storm sewers, water supply and distribution system, streets and highways.
SHORELANDS
Those lands within the following distances: 300 feet from
the high-water elevation of navigable lakes, ponds and flowages or
300 feet from the high-water elevation of navigable streams or to
the landward side of the floodplain, whichever is greater.
SOIL MAPPING UNIT
Soil type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the United States
Natural Resources Conservation Service.
STREET
A public way for pedestrians and vehicular traffic and utility
access, including but not limited to highways, thoroughfares, parkways,
through highways, roads, avenues, boulevards, lanes, places, and courts
and any pavements, turf, fixtures, facilities, structures, plantings,
signs, and other elements of the right-of-way.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground, excepting public utility
fixtures and appurtenances.
SUBDIVIDER
Any person, firm, corporation, agent, partnership, or entity
of any sort who or which divides or proposes to divide, by plat, minor
subdivision, certified survey, or replat, land in any manner, including
such heirs and assigns as may be responsible for the obligations of
the subdivider under the provisions of this chapter.
SUBDIVISION
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development where:
A.
The act of division creates five or more parcels,
lots or building sites of 1.5 acres each or less in area; or
B.
Five or more parcels, lots or building sites
of 1.5 acres each or less in area are created by successive divisions
within a period of five years.
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.
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 [§ 23.32(1),
Wis. Stats.].
WISCONSIN ADMINISTRATIVE CODE
The rules of administrative agencies having rule-making authority in Wisconsin, published in a loose-leaf, continual revision system, as directed by § 35.93 and Ch.
227, Wis. Stats., including subsequent amendments to those rules.