Specific words and phrases. As used in this chapter, the following
terms shall have the meanings indicated:
ACREAGE, GROSS
The total area of a parcel or development including the area
of perimeter street rights-of-way as measured to the center line of
the street.
ACREAGE, NET
The area of a parcel or development excluding the area of
perimeter streets, and excluding the area of all existing or proposed
rights-of-way located within the parcel or development.
ADVISORY AGENCY
Any agency, other than an objecting agency, to which a plat
or certified survey map may be submitted for review and comment. An
advisory agency may give advice to the City and may suggest that certain
changes be made to the plat or certified map or it may suggest that
a plat or certified survey map be approved or denied. Suggestions
made by an advisory agency are not, however, binding on the Common
Council or Plan Commission. Examples of advisory agencies include
the Waukesha County Land Conservation Committee, the Southeastern
Wisconsin Regional Planning Commission and local utility companies.
ALLEY
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block or parcel of land. [§ 236.02(1),
Wis. Stats.]
BLOCK
A tract of land bounded by streets or by a combination of
streets, public parks, cemeteries, railway rights-of-way, bulkhead
lines or shorelines of navigable waterways and municipal boundaries.
BUILDING
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
BUILDING LINE
A line parallel to any lot line and at a distance from the
lot line to comply with terms of this chapter.
CERTIFIED SURVEY MAP
A map prepared by a professional land surveyor in accordance
with § 236.34, Wis. Stats. Certified survey maps may, under
the terms of this chapter, be used to create minor land divisions
of not more than four parcels.
CITY PLAN COMMISSION
The Commission created by the Common Council under § 62.23,
Wis. Stats., and authorized to plan land use within the City.
COMMON OPEN SPACE
Undeveloped land within a subdivision that has been designated,
dedicated, reserved, or restricted in perpetuity from further development
and is set aside for the use and enjoyment by residents of the community.
Common open space does not include any portion of a private residential
lot, and shall be substantially free of structures, but may contain
historic structures and shared recreational structures, including
but not limited to pool houses or stables, as indicated on the approved
development plan.
COMMUNITY
A town, municipality or a group of adjacent towns or municipalities
having common social, economic or physical interests.
COMPREHENSIVE PLAN
Any extensively developed plan, also called a "master plan,"
prepared and adopted by the Southeastern Wisconsin Regional Planning
Commission, County Park and Plan Commission or City Plan Commission
and certified to the Common Council under §§ 66.0309,
59.69 and 62.23, Wis. Stats., including proposals for future land
use, transportation, urban redevelopment and public facilities. Devices
for 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.
CONDOMINIUM
A community association combining individual unit ownership
with shared use or ownership of common property or facilities, established
in accordance with the requirements of the Condominium Ownership Act,
Ch. 703, Wis. Stats. A condominium is a legal form of ownership of
real estate and not a specific building type or style.
CONSERVATION EASEMENT
The grant of a property right or interest from the property
owner to a unit of government or nonprofit organization stipulating
that the described land shall remain in its natural, scenic, open
or wooded, or agricultural state, precluding future or additional
development.
COPY
A true and accurate copy of all sheets of the original subdivision
plat. Such copy shall be on durable white matte finished paper with
legible dark lines and lettering.
DEPARTMENT
The State Department of Administration.
DEVELOPMENT PAD
Also referred to as "development envelope," that portion
of a lot which is intended to be graded, paved, or built upon.
DWELLING UNIT
A building or part of a building used for a place of abode
and occupied by one family.
ENVIRONMENTAL FEATURE
Those lands containing concentrations of scenic, recreational
and other natural resources as identified and delineated in the comprehensive
planning program of the Southeastern Wisconsin Region by the Southeastern
Wisconsin Regional Planning Commission. These natural resource and
resource-related elements include the following:
(1)
Lakes, rivers and streams, together with their natural floodplain.
(6)
Significant geological formations.
(7)
Wet or poorly drained soils.
(8)
Existing outdoor recreation sites.
(9)
Potential outdoor recreation and related open space sites.
(10)
Historic sites and structures.
(11)
Significant scenic areas or vistas.
EXTRATERRITORIAL PLAT AND CERTIFIED SURVEY MAP APPROVAL JURISDICTION
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of the City. 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.
FILL
Sand, gravel, earth or other materials of any composition
whatever, placed or deposited by human beings.
FINAL PLAT
A map prepared in accordance with the requirements of Ch.
236, Wis. Stats., and this chapter for the purpose of dividing larger
parcels into lots and conveying those lots. The lines showing where
lots and other improvements are located are precise.
FINANCIAL GUARANTEE
A letter of credit, cash or certified check guaranteeing
performance of a contract or obligation through possible forfeiture
of the letter of credit, cash or certified check if such contract
or obligation is unfilled by the subdivider.
FLOODLANDS
Those lands, including the floodplains, floodways, flood-fringe
and channels, subject to inundation by the one-hundred-year recurrence
interval flood.
FRONTAGE (LOT)
The smallest dimension of a lot abutting a public street
measured along the street line.
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 multi-colored 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.
IRREVOCABLE LETTER OF CREDIT
An agreement guaranteeing payment for subdivision improvements,
entered into by a bank, savings and loan or other financial institution
which is authorized to do business in this state and which has a financial
standing acceptable to the City and which is approved as to form by
the City Attorney.
LOT
A parcel of land having frontage on a public street, 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 the City Zoning Code.
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, 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. (See Illustration
No. 1.)
LOT, FLAG
A lot not fronting on or abutting a public street and where
access to the public street system is by a narrow strip of land and
where the area of the lot, for zoning purposes, shall not include
the narrow strip.
LOT, INTERIOR
A lot other than a corner lot with frontage on one street
(see below).
MEAN SEA LEVEL DATUM
Sea level datum, 1929 adjustment, as established by the United
States Coast and Geodetic Survey.
MINOR LAND DIVISION
Any division of land not defined as a subdivision. Such minor
land divisions shall be made by certified survey map.
MITIGATION AREA
The portion of a lot which could be included in a development
pad but which is restricted for use as undeveloped open space in order
to alleviate or lessen the impact of development.
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. These standards have been
fully reproduced in Appendix D of SEWRPC Technical Report No. 7, Horizontal
and Vertical Survey Control in Southeastern Wisconsin.
NAVIGABLE WATER
Lake Michigan, Lake Superior, all natural inland lakes within
Wisconsin and all streams, ponds, sloughs, flowages and other water
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. The Wisconsin Supreme Court has declared as navigable
bodies of water with a bed differentiated from adjacent uplands and
with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 2d 492 (1952), and DeGaynor
and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
NONPROFIT CONSERVATION ORGANIZATION
Any charitable corporation, charitable association, or charitable
trust, the purpose or powers of which include retaining or protecting
the natural, scenic, or open space values of real property, assuring
the availability of real property for agricultural, forest, recreational
or open space use, protecting natural resources, maintaining or enhancing
air or water quality, or preserving the historical, architectural,
or cultural aspects of the City.
OBJECTING AGENCY
An agency empowered to object to a subdivision plat under
Ch. 236, Wis. Stats. The City may not approve any plat upon which
an objection has been certified until the objection has been satisfied.
On any plat, the objecting agencies may include the Wisconsin Department
of Administration, Department of Transportation (WDOT), Department
of Safety and Professional Services, Department of Natural Resources
(WDNR) and the Waukesha County Park and Plan Commission.
OUTLOT
A parcel of land, other than a lot or block so designated
on the plat, but not of standard lot size, the intention of which
is either to redivide into lots or combine it with one or more other
adjacent outlots or lots in adjacent subdivisions or minor subdivisions
in the future for the purpose of creating buildable lots.
OWNER
A individual, firm, association, syndicate, partnership or
corporation having a proprietary interest in a parcel of land.
OWNERS' ASSOCIATION
A community organization, incorporated or unincorporated,
which combines individual parcel ownership with shared use or ownership
of common property or facilities.
PARENT PARCEL
An existing parcel (or parcels) of record, as identified
by individual tax identification numbers, as of the effective date
of this chapter, from which land divisions are proposed.
PLAT
A map of a subdivision.
PRELIMINARY PLAT
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
A preliminary plat precisely describes the location and exterior boundaries
of the parcel proposed to be divided and shows the approximate location
of lots and other improvements.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway or
part thereof.
PUBLIC WORKS AND DEVELOPMENT DIRECTOR
The officer designated by the Common Council to administer
this chapter, more specifically the Public Works and Development Director
or his designee.
RECORDING A PLAT
The filing of the final plat with the County Register of
Deeds.
REPLAT
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 or certified survey map without changing exterior boundaries
of such block, lot or outlot is not a replat.
SANITARY SEWER SERVICE AREA
The area within and surrounding the City that is planned
to be served with public sanitary sewerage facilities per the current
adopted plan area.
SHORELANDS
Those lands lying 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.
SOIL MAPPING UNIT
Soil types, slopes and erosion factors delineated on detailed
operational soil survey maps prepared by the United States Natural
Resources Conservation Service.
SOLAR ACCESS
Access to solar rays so there is no shading to the south
wall or rooftop of any proposed structure.
SOUTH WALL
Any wall facing within 45° of due south.
STREET, ARTERIAL
A street used or intended to be used primarily for fast or
heavy through traffic. "Arterial street" shall include freeways and
expressways as well as standard arterial streets, highway and parkways.
STREET, COLLECTOR
A street used or intended to be used to carry traffic from
minor streets to the major system of arterial streets, including the
principal entrance streets to residential developments.
STREET, CUL-DE-SAC
A minor street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
STREET, FRONTAGE
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.
SUBDIVIDER
Any person, firm, corporation, partnership, association,
trust, or any agent thereof dividing or proposing to divide land resulting
in a subdivision or replat.
SUBDIVIDER'S AGREEMENT
An agreement by which the City and the subdivider agree in
reasonable detail as to all of those matters which the provisions
of these regulations permit to be covered by the subdivider's agreement
and which shall not come into effect unless and until an irrevocable
letter of credit or other appropriate surety has been issued to the
City.
SUBDIVISION, CONSERVATION
A housing development constructed under the auspices of the
CPD Conservation Planned Development Zoning District, in a rural setting
comprised of at least five residential parcels, that is characterized
by compact lots, at least 50% open space, and where the natural features
of the land are maintained to the greatest extent possible.
SUBDIVISION, CONVENTIONAL
The division of a lot, parcel or tract of land by the owners
thereof or the owner's agent for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1 1/2 acres each or less in
area, or where the act of division creates five or more parcels or
building sites of 1 1/2 acres each or less in area by successive
division within a period of five years. Other divisions of land shall
be termed "minor land divisions." The definition of a subdivision
shall not apply to commercial or industrial land divisions except
to the extent regulated by state law. Other divisions of commercial
or industrial land shall be minor land divisions.
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.
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.