The following terms, whenever they occur in this chapter, are defined
as follows:
ACT or ACTION
In the context of the Village Board or Village Plan Commission's
review of a preliminary or final subdivision or certified survey map,
approval, conditional approval, denial, or a request for a modification,
or for additional study, field inspections or documentation.
ALLEY
A public or private right-of-way that provides secondary
access to abutting properties.
AREA DEVELOPMENT PLAN
A map approved by the Village Board that shows future streets
on properties in the vicinity of a proposed land division.
ARTERIAL STREET
A street that provides for the movement of relatively heavy
traffic to, from, or within the Village. It has the secondary function
of providing access to abutting land.
ASSOCIATION
All of the condominium unit owners acting as a group, either
through a non-stock, nonprofit corporation or an unincorporated association
in accordance with its bylaws and declaration.
BIKEWAY
A general term describing any or all of the following defined
types of facilities used for bikes. A network of bikeways constitutes
a bike route system.
(1)
BIKE PATHA bike route completely apart from a street and restricted to bicycles unless designated otherwise.
(2)
BIKE LANEA designated lane of a street restricted to bicycle usage and separated from motor vehicles by a painted line, raised divider, or curb.
BLOCK
A parcel, lot, or group of lots existing within well-defined
and fixed boundaries bounded on at least one side by a street, bounded
on the other sides by streets, natural or man-made barriers, or unplatted
land and having an assigned number, letter, or other name through
which it may be identified.
BUILDABLE AREA
The area of a lot remaining after the building setback requirements
have been met and excluding the unbuildable areas as determined by
this chapter and the Village of Denmark Plan Commission. The buildable
area must be contiguous and not separated by environmental features,
streets, or other similar features.
BUILDING
A structure having a roof supported by columns or walls for
shelter, support, or enclosure of persons, animals, or property and
having a more or less permanent location on the ground.
BUILDING SETBACK LINE
The distance from the boundaries of a lot within which building(s)
shall not be erected.
CERTIFIED SURVEY MAP
A map, plan, or record of a minor subdivision meeting all
the requirements of § 236.34, Wis. Stats., and of this chapter.
A certified survey map may be referred to as a CSM.
CHANNEL
A natural or artificial watercourse of perceptible extent
with definite bed and banks to confine and conduct continuously or
periodically flowing water. Channel flow, thus, is that water which
is flowing within the limits of a defined channel.
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 generally provides access to abutting property.
COMMISSION
The Plan Commission created by the Village Board pursuant
to § 62.23, Wis. Stats.
COMPREHENSIVE PLAN
The plan for guiding and shaping the growth and development
of the Denmark community, including all of the component parts, as
prepared by the Plan Commission and adopted by the Village Board according
to § 66.1001, Wis. Stats.
CONDITIONAL APPROVAL
Approval of a plat by the Village Plan Commission or Village
Board subject to the plat meeting certain specified requirements as
determined by the Village Plan Commission or Village Board.
CONDOMINIUM DEVELOPMENT
A real estate development, redevelopment, or ownership conversion
project involving establishment or alteration of the condominium form
of ownership for all or part of the development, pursuant to Ch. 703,
Wis. Stats.
CONSERVATION EASEMENT
The grant of a property right or interest from the property
owner to a unit of government or nonprofit conservation organization
stipulating that the described land shall remain in its natural, scenic,
open, or wooded state precluding future or additional development.
CONTIGUOUS
Next to, abutting, or touching and having a portion that
is coterminous.
CORNER LOT
A lot located at the intersection of two or more streets.
CROSSWALK
A public right-of-way traversing a block or street for the
purpose of providing pedestrian access.
CUL-DE-SAC
A short minor street having one end open to motor traffic
and the other end terminated by a vehicular turnaround.
DAYS
Shall refer to calendar days, unless specifically indicated
otherwise.
DEAD-END STREET
A street having only one outlet for vehicular traffic and
no vehicular turnaround.
DETENTION POND
A permanent man-made pond or pool used for the temporary
storage of stormwater runoff and which provides for the controlled
release of such waters.
DEVELOPMENT
The act of constructing buildings or installing site improvements,
such as grading, clearing, ditching, installing utilities, or any
other activities prior to construction.
DEVELOPMENT AGREEMENT
An agreement by the subdivider with the Village of Denmark
that clearly establishes the subdivider's responsibilities regarding
the project phasing, the provision of public and private facilities,
improvements, and any other activity necessary prior to and during
construction.
DIVISION OF LAND
The division of a lot or parcel of land into two or more
parcels.
DRAINAGE EASEMENT
A strip of land reserved to accommodate the free flow of
stormwater or to provide for storm sewers.
EASEMENT
A grant by a property owner of the use of designated land
by another for a specified purpose.
ENVIRONMENTALLY SENSITIVE AREAS (ESAs)
Portions of the landscape including valuable natural resource
features that should be protected from intensive development. Environmentally
sensitive areas may include lakes, rivers, streams, wetlands, floodways,
steep slopes, and other significant and unique natural resource features.
Environmentally sensitive areas also include a setback or buffer from
those features.
EROSION
The process by which soil particles are mobilized and transported
by either man-made actions or natural agents such as wind, rain, frost
action, or surface water flow.
EROSION HAZARD AREAS
Those areas of the landscape in which human activities and
development can accelerate erosion due to soils subject to severe
erosion.
EXISTING PARCEL
A parcel, lot, or tract of land in which the enclosing boundaries
are separately described and are either of record in the office of
the Register of Deeds or defined by an existing tax parcel at the
time of adoption of this chapter. An existing parcel completely severed
by a public right-of-way shall be construed to comprise two parcels.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
As defined in § 236.02(5), Wis. Stats., the unincorporated
areas within 1 1/2 miles from corporate limits of the Village
of Denmark in which the Village maintains approval authority over
land divisions.
FINAL PLAT
The map or plan of record of a subdivision and any accompanying
material prepared in compliance with Ch. 236, Wis. Stats., and the
terms within this chapter.
FLOOD
A temporary rise in stream flow or pond or lake water levels
that results in water overtopping its banks and inundating normally
dry areas adjacent to the stream, pond, or lake.
FLOOD-FRINGE
The portion of the floodplain outside of the floodway which
is covered by floodwaters during the regional flood and generally
associated with standing water rather than flowing water.
FLOODPLAIN
The land that has been or may be hereafter covered by floodwater,
including but not limited to the regional flood.
FLOODWAY
The channel of a stream and those portions of the floodplain
adjoining the channel that are required to carry and discharge the
floodwaters or flood flows of any river or stream, including but not
limited to flood flows associated with the regional flood.
FRONTAGE
The part of a lot abutting on a street or other public right-of-way.
This term is defined by the length of the lot line that runs along
a public right-of-way.
FRONTAGE STREET
A minor street auxiliary to and located parallel and adjacent
to an arterial street, highway, or other thoroughfare that provide
access to abutting properties and separation from through traffic.
GRADIENT
The slope of land, road, street, or other public way specified
in percent.
GRADING PLAN
A drawing of a proposed area with plans and specifications
for grading.
GREENWAY
An open area of land included under the definition of "parkway"
which may carry stormwater on the surface of the ground in lieu of
an enclosed storm sewer. Greenways may serve the following multiple
public purposes in addition to their principal use: including but
not limited to vehicular and/or pedestrian traffic, stormwater retention
basins, waterways, conservancy areas, environmentally sensitive areas,
and park development.
GROSS SITE AREA
The total area within the boundaries of a tract to be subdivided,
not including public rights-of-way already established.
HIGH WATER ELEVATION
The recorded average of all the high water elevations during
the period of record for a flowage or other body of water.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, drainage ditch, stormwater
management facility, water main, roadway, parkway, sidewalk, pedestrianway,
planting strip, off-street parking area, or other facility for which
the local municipality may ultimately assume the responsibility for
maintenance and operation.
IRREVOCABLE LETTER OF CREDIT
A guarantee issued by a bank or other lending agency stating
that a certain level of funds is available to the Village to pay for
improvement costs specified in an approved development agreement.
LAND DIVISION
The act of creating two or more separately described parcels,
at least one of which is 40 acres or less in size, from a single parcel
of land by the owner thereof or his agent.
LOCAL STREET
A street designed for low-speed travel and generally low
traffic volumes which provides land access from neighborhoods and
minor activities to the collector and arterial systems.
LOCAL UNIT
Includes municipalities such as the Village, Brown County,
cities, or towns.
LOT
A designated fractional part of a subdivision or certified
survey map having an assigned number through which it may be identified
and meeting the requirements of this chapter for a building site.
For the purposes of this chapter, a lot may also include the terms
"parcel," "tract," or "building site" in determining the applicability
of this chapter to land divisions.
LOT AREA
The area contained within the property lines of the individual
parcels of land as shown on a plat, excluding any area within a street
right-of-way but including the area of any easement.
LOT LINES
The peripheral boundaries of a lot as defined herein.
LOT WIDTH
The horizontal distance between the side lot lines of a lot,
measured at the narrowest width within the first 25 feet of lot depth
immediately in back of the front yard setback 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.
MEAN SEA LEVEL DATUM
Sea level datum, a 1929 adjustment, as established by the
U.S. Coast Guard and U.S. Geodetic Survey.
MINOR SUBDIVISION
The division of land by the owner or owner's agent resulting
in the creation of not more than four parcels within five years.
MIXED USE
The strategic placement of commercial, civic, multifamily,
and open space uses within residential land use areas.
OFFICIAL MAP
The map indicating the location, width and/or extent of existing
and proposed streets, highways, parkways, parks, waterways and playgrounds,
as adopted by the Village Board pursuant to § 62.23(6),
Wis. Stats.
OUTLOT
A parcel of land so designated on a plat or certified survey
map and which is any of the following:
(1)
A parcel of land left over at the time of platting and which
is intended to be divided further in the future.
(2)
A platted parcel which does not meet the requirements of a lot
at the time of platting.
(3)
A platted parcel which is intended for open space or other use
and held in common ownership or which is transferred to a public agency
or utility.
PARCEL
A continuous area of land described in a single description
in a deed or a lot or outlots on a plat or certified survey map, separately
owned or capable of being separately conveyed.
PARKWAY
Any right-of-way for vehicular traffic, including bicycles
or pedestrian traffic, or both, with full or partial control of access
and usually within a part of a ribbon of park-like development. Said
parkway may include greenways required for stormwater drainage purposes
where the drainage improvement is to include park-like treatment and
where pedestrian or vehicular travel, including bicycles, may be permitted.
PEDESTRIAN PATHWAY
A public way, usually running at right angles to streets,
which is intended for the convenience of pedestrians and bicyclists
only; it may also provide public right-of-way for utilities.
PERFORMANCE BOND
A bond guaranteeing performance of a contract or obligation
through possible forfeiture of bond if said contract or obligation
is unfulfilled by the subdivider.
PLAN COMMISSION
An officially constituted Village of Denmark body under § 62.23,
Wis. Stats., whose duties include administration of Village subdivision
regulations.
PLANNED UNIT DEVELOPMENT
A development guided by a total design plan in which one
or more of the subdivision regulations may be waived or varied to
allow flexibility and creativity in site and building design and location,
in accordance with general guidelines.
PLAT
A map of a subdivision.
PRE-APPLICATION
A required meeting with the Village of Denmark staff to review
a concept subdivision plan and provide input into the next steps or
issues.
PRELIMINARY PLAT
A map delineating the features of a proposed subdivision
as described herein, submitted to the Village for preliminary consideration
prior to the final plat.
PUBLIC UTILITY
A corporation, company, association, sanitary district, or
municipality that may own or operate any plant or equipment for the
conveyance of telephone messages or for the production, transmission,
delivery, or furnishing of heat, electricity, gas, water, cable television,
sewer, or any other service deemed to be in the public interest.
REPLAT and RESUBDIVISION
The process of changing the plat map, which changes the boundaries
of a recorded plat or a part thereof.
RESTRICTIVE COVENANTS
Written stipulations on the face of a plat or certified survey
map regarding restrictions on the use or development of land that
are binding on the property owner and subsequent owners of the property.
RETENTION POND
A permanent man-made pond or pool designed to collect and
prevent the release of a given volume of stormwater by complete on-site
storage.
REVERSED CORNER LOT
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.
REVIEWING AGENCY
An agency which is entitled to review and make recommendations
concerning a subdivision prior to the Board action.
RIGHT-OF-WAY
A strip of land allowing or intending to allow the passage
of people or goods and dedicated to the public or under the control
of the public.
ROADWAY
A surfaced curb to curb or paved portion of a street available
for vehicular traffic movement and parking.
SEWER SERVICE AREA
That area which the Brown County Planning Commission has
designated as the area within which it, over time, expects the Village
to provide the full range of urban facilities and services. For purposes
of this chapter, the full range of services includes sanitary sewer.
The designated urban service area may include areas in which other
local governments will provide these services consistent with the
policies of the Village of Denmark.
SIDEWALK
That portion of a street or crosswalk, paved or otherwise
surfaced, intended for pedestrian use only.
STORMWATER
The flow of surface water that results from precipitation.
STORMWATER MANAGEMENT FACILITIES
Any technique, apparatus, or facility that controls or manages
the path, storage, or rate of release of stormwater runoff. Such facilities
may include storm sewers, drainage easements, retention or detention
ponds, drainage channels, ditches, drainage swales, inlet or outlet
structures, or other similar facilities.
STREET
Includes all accessways in common use such as streets, roads,
lanes, highways, avenues, boulevards, alleys, parkways, viaducts,
circles, courts, and culs-de-sac, and includes all of the land lying
between the right-of-way lines as delineated on a plat showing such
streets, whether improved or unimproved, and whether dedicated for
public use or held in trust, under the terms of a reservation, but
shall not include those accessways such as easements and rights-of-way
intended for solely limited utility purposes such as for electric
power lines, gas lines, telephone lines, waterlines, or drainage and
sanitary sewers.
STREET, HALF
A street bordering one or more property lines of a tract
of land in which the subdivider has allocated a part of the ultimate
right-of-way width. Building permits shall not be issued for parcels
with frontage only on half streets.
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
facilities and appurtenances attached thereto.
SUBDIVIDER
Any person, firm, partnership, corporation, association,
estate, trust or other legal entity requesting review or action on
a subdivision, minor subdivision, or condominium.
SUBDIVISION
Any division of a lot by the owner thereof, or his/her agent,
for the purpose of sale, lease, or building development where:
(1)
The act of division creates five or more parcels or building
sites of 40 acres or less in area; or
(2)
Five or more parcels or building sites of 40 acres each or less
in area are created by successive divisions within a period of five
years.
SURVEYOR
Any land surveyor duly licensed in the State of Wisconsin.
TAX PARCEL
An existing tract of land as defined by the governing jurisdictional
body for the purpose of assessment and taxation.
TAX PARCEL NUMBER
An identification number assigned to real estate in Brown
County for taxation purposes.
THOROUGHFARE
A street with a high degree of continuity, including collectors,
major arterials, limited access highways, and freeways.
UNBUILDABLE AREA
The area within a lot which is identified by the Plan Commission
as an area not able to be used for building purposes and not able
to be calculated in the buildable area.
UNDEVELOPED LAND
Land in parcels or tracts sufficiently large for future subdivision
which is presently in agriculture, woodland, or other nonintensive
use.
UNIT, CONDOMINIUM
A part of a condominium intended for any type of independent
use, including one or more cubicles of air at one or more levels of
space, or one or more rooms or enclosed spaces, located on one or
more floors in a building.
URBAN CROSS SECTION STREET
A street that provides access to lots served by public sewer
and water and contains a curb and/or gutter.
UTILITY EASEMENT
An easement to place, replace, maintain, or move utility
facilities, such as telephone or electric lines, water or sewer mains,
gas pipelines, and cable television.
VARIANCE
A departure from the terms of this chapter as applied to a specific parcel of land which the Village Board may permit pursuant to §
265-14 of this chapter.
VILLAGE
The Village of Denmark, Brown County, Wisconsin.
WATERWAYS
Rivers, streams, creeks, ditches, drainage channels, watercourses,
lakes, bays, ponds, impoundment reservoirs, retention and detention
basins, marshes and other surface water areas, regardless of whether
the areas are natural or artificial.
WETLANDS
An area on the landscape 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.
A wetland delineation is established by, or approved by, the Wisconsin
Department of Natural Resources and/or the U.S. Army Corps of Engineers.
ZONING CODE
Chapter
315, Zoning, of the Code of the Village of Denmark.