In the construction of this chapter, the rules and definitions contained in this article shall be observed and applied, except when the context clearly indicates otherwise.
As used in this chapter, the following terms shall have the meanings indicated:
A public or private right-of-way which provides secondary access to abutting properties.
Each governmental body having authority to approve or reject a preliminary or final plat. Approving authorities are set forth in § 236.10, Wis. Stats.
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, highways, and parkways.
A group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers, and having an assigned number, letter, or other name through which it may be identified.
Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind and which is permanently affixed to the land.
A line parallel to the street line defined by the City Zoning Ordinance beyond which buildings may not be erected.[1]
A map, prepared in accordance with § 236.34, Wis. Stats., and this chapter, for the purpose of dividing land into not more than four parcels or used to document for recording purposes survey and dedication data relating to single parcels.
Reference to "City" shall mean the City of Marion, including any agency, department or committee thereof.
Reference to "City Comprehensive Plan" shall mean the City of Marion Comprehensive Plan, the adopted long-range plan for the City of Marion as defined by § 66.1001, Wis. Stats., that sets forth (in words, maps, illustrations, and/or tables) goals, policies and guidelines intended to direct the present and future physical, social, and economic development that occurs within its planning jurisdiction.[2]
Reference to "City Zoning Ordinance" shall mean Chapter 625, Zoning, of the Code of the City of Marion.
A street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets, including principal entrance streets to residential developments.
A form of ownership combining individual unit ownership with shared use and ownership of common property or facilities, established in accordance with Ch. 703, Wis. Stats., the Condominium Ownership Act. 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.
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.
A restriction on the use of land usually set forth in the deed.
A minor street with only one outlet and having a turnaround for the safe and convenient reversal of traffic movement as provided by this chapter.
A restriction on the use of a property set forth in the deed accompanying the property.
Any artificial change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial improvements to buildings, structures, or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition, or extraction of materials.
An agreement entered into by and between the City and a subdivider whereby the City and subdivider agree as to the design, construction and installation of required public improvements, the payment for such public improvements, dedication of land and other matters related to the requirements of this chapter. The development agreement shall not come into effect unless and until a letter of credit or other appropriate surety has been provided to the City by the subdivider.
The unincorporated area within 1/2 mile of a fourth-class city and within three miles of all other cities over which the cities may exercise plat approval, provided that they have enacted an official map ordinance or subdivision control ordinance, in accordance with § 236.10, Wis. Stats.
The map or plan of a subdivision and any accompanying material, as described in Article VI of this chapter.
Description of the shape of a property where access to a road is provided along the long, narrow "flagpole" and the usable land itself is the rectangular flag at the end of the pole.
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.
The length of the front property line of the lot, lots, or tract of land abutting a public street, road, highway or rural right-of-way.
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.
The rate of vertical change of a ground surface expressed as a percentage figure determined by dividing the vertical distance by the horizontal distance.
A row of shrubs or trees planted for enclosure or separation of fields.
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.
Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, park, parkway, public access, sidewalk, pedestrianway, planting strip, off-street parking area, or other facility for which the county or City may ultimately assume the responsibility for maintenance and operation.
A generic term that includes both subdivisions and minor subdivisions, as those terms are defined in this section.
A buildable parcel of land represented and identified in a subdivision or minor subdivision as defined in this section and in accordance with the City Zoning Ordinance.
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.[4]
A lot which has a pair of opposite lot lines along two substantially parallel public streets and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
A street used, or intended to be used, primarily for access to abutting properties.
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 less than five acres, 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 or outlot.
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state. Under § 281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 62.231, Wis. Stats., and Ch. NR 115, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
An authority empowered to object to a subdivision plat pursuant to Ch. 236, Wis. Stats. The City may not approve any plat upon which an objection has been certified until the objection has been satisfied. The objecting authorities include the Wisconsin Department of Administration, the Wisconsin Department of Safety and Professional Services, and the Wisconsin Department of Transportation.
A document prepared and adopted pursuant to § 62.23(6), Wis. Stats., which shows the location of existing and planned streets, parkways, parks, playgrounds, railway rights-of-way, waterways, and public transit facilities.
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 but shall not be part of individual residential lots. Open space shall be substantially free of structures but may contain recreational facilities allowed by zoning regulations.
Privately owned land within a land division or condominium that has been restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the land division or condominium. Common open space shall be substantially free of structures but may contain recreational facilities allowed by zoning regulations.
The point on the bank or shore up to which the presence and action of surface water are so continuous as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
Includes all contiguous property under the same ownership within the previous 20 years from the time of division regardless of separate tax identification numbers.
A remnant parcel of land not to be used for building purposes, so designated on the plat.
A single piece of land separately owned, either publicly or privately, and capable of being conveyed separately.[5]
A map showing the salient features of a proposed subdivision submitted to the Common Council for purposes of preliminary consideration, as described in Article V of this chapter.
Any public road, street, highway, walkway, drainageway, or part thereof.
The process of changing, or the 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.
Any land which would prohibit or interfere with the orderly extension of streets, bicycle or pedestrian ways, sanitary sewers, water mains, stormwater facilities or other utilities or improvements between two abutting properties.
Land lying within the following distances: 1,000 feet from the ordinary high-water elevation of a navigable lake, pond, or flowage or 300 feet from the ordinary high-water elevation of a navigable stream or to the landward edge of the floodplain, whichever distance is greater.
Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor subdivision, or replat.
The division of a lot, parcel or tract of land by the owner thereof, or his agent, for the purpose of transfer of ownership or building development, including condominium development, where the act of division creates five or more parcels or building sites by division or successive divisions of any part of the original property within a five-year period.
A bond guaranteeing performance of a contract or obligation through possible forfeiture of the bond if said contract or obligation is unfulfilled by the subdivider.[6]
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.