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 Town. 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 ENVELOPE
The area within which structures are permitted to be built
on a lot, as defined by the existing ground level, all applicable
setback, side yard and rear yard requirements (notwithstanding any
variances, special exceptions, or special or conditional uses in effect)
and any comprehensive plan and Town ordinances adopted by the Town.
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 County Zoning Code, or any restriction on the plat which identifies
a line on the plat as a building setback line.
CLUSTER DEVELOPMENT
A residential land division in which new lots are allowed
to be smaller than otherwise required, but in which the overall (gross)
density cannot exceed the maximum density limits under the existing
or proposed zoning district and the Town's Comprehensive Plan. An
allowance for smaller lot sizes within a cluster development requires
a commitment to provide for permanently protected land on the balance
of the parcel. The intent of cluster development is to provide for
a more compact residential development pattern that encourages sensitivity
toward natural landscape features, preserves open space, farmland
and/or woodland and offers economies in the provision of public services.
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 Town Board pursuant to
§ 62.23, Wis. Stats., and under the Town's ordinances.
COMMON DRIVEWAY
A form of access which is not a public road but extends from
a public road and provides common vehicular access to two lots.
COMPREHENSIVE PLAN
A Comprehensive Plan prepared by the Town indicating the
general locations recommended for the various functional classes of
land use, places and structures, and for the general physical development
of the Town and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.
CONCEPT PLAN
A preliminary drawing, made to an 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, any portion of which is located with the Town of Pacific.
[Amended 4-18-2017 by Ord. No. 2017-7]
CONTIGUOUS OWNERSHIP
All lands held in single ownership that share a common boundary.
A public road, railroad right-of-way, navigable waterway, or connection
at only one point shall not be considered to break up contiguity for
the purposes of this chapter.
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 short 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.
DEVELOPER'S AGREEMENT
A legal contract between a subdivider and the Town, authorized
under § 236.13(2), Wis. Stats., that defines responsibilities
for public and private improvements associated with a land division
in order to meet the provisions of applicable Town ordinances and
the Comprehensive Plan and this chapter.
DIVISION OF LAND
A division of a lot, parcel or tract of land, any portion
of which is located within the Town of Pacific, resulting in a subdivision,
plat or certified survey map, by the owner thereof or the owner's
agent for any purpose.
[Amended 4-18-2017 by Ord. No. 2017-7]
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.
EROSION CONTROL AND STORMWATER MANAGEMENT PLAN
A plan to control land erosion and manage stormwater that consists of written descriptions accompanied by an engineering report and drawings approved by the Town Engineer. The erosion control and stormwater management plan identifies and analyzes existing conditions in a variety of storm scenarios and compares various stormwater runoff quality and quantity parameters and proposed best management practices to minimize erosion and stormwater runoff and maximize surface water quality in accordance with this chapter and the requirements of the Town Engineer. See also Chapter
429, Erosion Control, of the Code of the Town of Pacific.
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.
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 Town may ultimately assume the
responsibility for maintenance and operation.
LAND DIVISION
See "subdivision" and "minor subdivision (certified survey)."
LOCAL STREET
A street of little or no continuity, designed to provide
access to abutting property and leading into collector streets.
LOT
A single piece of land that is occupied or intended to be
occupied by one building and its accessory buildings and uses. A lot
may be created through a subdivision plat or certified survey map
and shall have frontage on a public street or other officially approved
means of access and shall be 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 LINES
The peripheral boundaries of a lot as defined herein.
LOT WIDTH
The width of a parcel of land measured along the front building
line. Lots fronting on the curvilinear end of a cul-de-sac shall measure
lot width at the front yard setback line.
LOT AREA
The area contained within the exterior boundaries of any
lot, excluding streets and land under bodies of water. No land included
in any public street, road, highway or railroad right-of-way, nor
any land located beyond the corporate limits of the Town of Pacific,
shall be included when computing lot area for the purposes of this
chapter.
[Amended 4-18-2017 by Ord. No. 2017-7]
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, 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.
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.
MASTER PLAN
An extensively developed plan, map or other document pertaining
to planning and adopted by the Town Board or other Town agency which
may pertain to the division of lands, including the Comprehensive
Development Plan, 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.
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, any portion of which is located within
the Town of Pacific, resulting in either:
[Amended 4-18-2017 by Ord. No. 2017-7]
A.
The creation of not more than four parcels or building sites,
any one of which, within the Town of Pacific, is 35 acres in size
or less; or
B.
The division of a block, lot or outlot within a recorded subdivision
plat into not more than four parcels or building sites without change
to 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 Town Board.
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.
PARCEL AREA
The area contained within the exterior boundaries of any
parcel or other tract of land, excluding streets and land under bodies
of water. No land included in any public street, road, highway or
railroad right-of-way, nor any land located beyond the corporate limits
of the Town of Pacific, shall be included when computing parcel area
for the purposes of this chapter.
[Added 4-18-2017 by Ord.
No. 2017-7]
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 Town recorded in
the office of the Columbia County Register of Deeds. An approved plan
and reciprocal land use agreement may not be changed without approval
by the Town. No portion of a planned commercial site may include or
front on a street, highway, walkway, parkway or utility route designated
in the 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 Town for approval.
PRELIMINARY PLAT
The preliminary plat map, drawing or chart, indicating the
proposed layout of the subdivision, to be submitted to the Town for
its consideration along with required supporting data.
PRIVATE ROAD/ROADWAY
A road not in public ownership or not proposed to be dedicated
to the public, designed and constructed to standards specified or
referenced in this chapter, and subject to Plan Commission recommendation
and Town Board approval.
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, to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
RECORD DRAWING
A drawing documenting the installed location, elevations,
sizes and pertinent information represented on the proposed plan once
construction is complete. The drawing is to record and ensure that
designed features were install according to the proposed plan. (Also
known as "as-built plan.")
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.
SHORELANDS
Those lands as defined per Columbia County zoning.
SLOPE
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
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, by plat or 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, any portion
of which is located within the Town of Pacific, where:
[Amended 4-18-2017 by Ord. No. 2017-7]
A.
The act of division creates five or more parcels, lots or building
sites, any of which, within the Town of Pacific, are 35 acres in size
or less; or
B.
The creation of five or more parcels, lots or building sites,
through successive divisions within a period of five years, any of
which, within the Town of Pacific, are 35 acres or less in size.
TOWN
The Town of Pacific, Columbia County, Wisconsin, and, where
appropriate, its Town Board, commissions, committees and authorized
officials.
URBAN SERVICE AREA
That portion of the Town and the area within its extraterritorial
jurisdiction which has been designated by the Town Board 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.
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 of the Wisconsin Statutes,
including subsequent amendments to those rules.
WOODLAND
An area or stand of trees whose canopy covers a minimum of
80% of an area of two acres or more, as shown on a USGS topographic
map, or as determined through submittal of an environmental assessment
checklist for a land division.