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. The building setback line
shall be substantially parallel to the right-of-way.
CITY
The City of Prescott, Wisconsin, and, where appropriate,
its Common 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 Common Council pursuant
to § 62.23 of the Wisconsin Statutes.
COMPREHENSIVE MASTER PLAN
An extensively developed plan, map, or other document pertaining
to planning and adopted by the Common Council or other City agency
which may pertain to the division of lands, including the Official
Map, comprehensive utility plans, and other planning documents including
proposals for future land use, transportation, urban redevelopment
and public facilities. Devices for the implementation of these plans,
such as ordinances pertaining to zoning, Official Map, land division,
and building development and capital improvement plans, shall be considered
as planning documents within this definition.
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.
CUL-DE-SAC
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
DAYS
Calendar, not working, days.
DEAD-END STREET
A street permanently or temporarily closed at one end, with
or without turnarounds.
DIVISION OF LAND
Where the title or any part thereof is transferred by the
execution of a land contract, an option to purchase, an offer to purchase
and acceptance, a deed, or a certified survey.
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. Drainageways may also be referred to as "greenways."
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.
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.
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.
IMPERVIOUS LOT AREA
Roof areas, gravel or bituminous surfaces, sidewalks, decks
or other hard surface areas.
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.
LAND DIVISION
A division of a parcel of land where the act of division,
including by certified survey, creates less than five lots, parcels
or building sites of 35 acres each or less in area.
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 intersecting streets at their intersection.
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 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)
The division of land by the owner or subdivider resulting
in the creation of not more than four parcels or building sites, any
one of which is 35 acres in size or less, or the division of a block,
lot or outlot within a recorded subdivision plat into not more than
four parcels or building sites without changing the exterior boundaries
of said block, lot or outlot.
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 Common Council pursuant to
Ch. 62, Wis. Stats.
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, or is an otherwise undefined
territory in a plat.
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.
PARKING SPACE
An off-street area suitable to be used for parking a passenger
automobile.
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 COMMERCIAL SITE
A specified area of land comprising one or more contiguous
ownership parcels or building sites for nonresidential uses and which
area is legally limited by a reciprocal land use agreement and plan
of building placement, reciprocal use of off-street parking facilities
and reciprocal use of ingress and egress facilities for each building,
loading and parking site. A planned commercial site must have a plan
and reciprocal land use agreement approved by the City recorded in
the office of the County Register of Deeds. An approved plan and reciprocal
land use agreement may not be changed without approval by the City.
No portion of a planned commercial site may include or front on a
street, highway, walkway, parkway, or utility route designated in
the Comprehensive Master Plan or Official Map at the time of initial
recording unless the designated facility is in public ownership or
easement.
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 Master
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.
REPLAT
The process of changing 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.
SETBACKS
The standards for setbacks shall be as defined in the City
Zoning Code.
SHORELANDS
Those lands within the following distances: 1,000 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.
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 which divides or proposes to divide 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 35 acres each or less in area; or
B.
Five or more parcels, lots or building sites of 35 acres each
or less in area are created by successive divisions within a period
of five years.
URBAN SERVICE AREA
That portion of the City and the area within its extraterritorial
jurisdiction which has been designated by the Common Council and approved
by other appropriate agencies 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.
WETLAND
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 rulemaking authority
in Wisconsin, published in a loose-leaf, continual revision system,
as directed by § 35.93 and Chapter 227 of the Wisconsin
Statutes, including subsequent amendments to those rules.