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 fast
or heavy traffic to, from or within the Village. It has a secondary
function of providing access to abutting land.
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
A line parallel to a lot line and at a specified minimum
distance from the lot line to comply with the building setback requirements
of the Village Zoning Ordinance.
CERTIFIED SURVEY MAP
A map of prepared in accordance with § 236.34,
Wis. Stats., and in full compliance with this chapter, for the purpose
of dividing land or to document for recording purposes survey and
dedication data relating to single parcels.
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 Planning Commission created by the Village Board pursuant
to § 62.23 of the Wisconsin Statues.
COMMUNITY
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic, or physical interests.
COMPREHENSIVE PLAN
The current comprehensive development plan, also called a
master plan, prepared by the Village, indicating the general locations
recommended for the various functional classes of land use, places
and structures, and for the general physical development of the Village
and includes any unit or part of such plan separately adopted and
any amendment to such plan or parts thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
CUL-DE-SAC
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
DEVELOPMENT (RURAL)
Agricultural, residential, recreational, and other open space
development at such concentrations and densities not requiring traditional
urban services and facilities. Historically, in southeastern Wisconsin
when residential development densities are less than 0.2 dwelling
units per gross acre (or one dwelling unit per five acres), such traditional
urban services are not required. Such rural development may be expected
to result in minimum disturbance of the land and land cover, and therefore,
less impact on the natural environment.
DEVELOPMENT (URBAN)
Residential, commercial, industrial, governmental, and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities,
including, but not limited to, full- or part-time municipal police
and fire protection and community administration; additional public
streets and highways; neighborhood parks and playgrounds; neighborhood
schools; local libraries; public sanitary sewer facilities, public
water supply facilities, and public solid waste removal; storm sewers;
mass transit facilities; continual street maintenance; curbs, gutters
and sidewalks; streetlighting; and neighborhood convenience shopping.
Such development may be expected to alter or require the altering
of land and land cover and have detrimental impact on the ground and
surface water. Historically, in southeastern Wisconsin urban development
occurs when residential development is concentrated in densities in
excess of 0.2 dwelling units per gross acre (or one dwelling unit
per five acres).
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.
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.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
The unincorporated area within 1 1/2 miles of a fourth-class
city or a Village and within three miles of all other cities. Whenever
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
power over any area.
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. This map shall
be prepared in accordance with the requirements of Chapter 236 of
the Wisconsin Statutes and this chapter.
FLOODLANDS
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.
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.
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 multicolored effect.
IMPROVEMENT, PUBLIC
Any sanitary sewer, storm sewer, open channel, curb and gutter,
water main, roadway, park, parkway, pubic access, sidewalk, pedestrian
way, planting strip or other facility for which the Village may ultimately
assume the responsibility for maintenance and operation.
LOCAL STREET
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets. Also referred
to as a "minor street."
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 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.
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,
provided that the corner of such intersection shall have an angle
of 135° or less.
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.
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.
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
The extensively developed plan adopted by the Planning Commission
and certified to the Village Board pursuant to § 62.23 of
the Wisconsin Statutes, including proposals for future land use, transportation,
urban redevelopment, and public facilities. Devices for the 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 master plan. See "comprehensive plan."
MINOR LAND DIVISION
A minor land division is any division of land that:
A.
Creates more than one but less than five parcels or building
sites, inclusive of the original remnant parcel, any one of which
is five acres or less in area, by a division or by successive divisions
of any part of the original parcel within a period of five years;
or
B.
Divides a block, lot, or outlot within a recorded subdivision
plat into more than one but less than five parcels or building sites,
inclusive of the original remnant parcel, without changing the exterior
boundaries of said plat or the exterior boundaries of blocks within
the plat, and division does not result in a subdivision.
MINOR STREET
A street used, or intended to be used, primarily for access
to abutting properties and connecting with not more than two minor
or subcollector streets and not exceeding 1,000 feet in length.
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 STREAM
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes.
OFFICIAL MAP
Section 62.23(6) of the Wisconsin Statutes provides that
the Village Board may establish an Official Map for the precise designation
of the right-of-way lines and site boundaries of streets, highways,
parkways, parks, and playgrounds, both existing and proposed. The
Statutes further provide that the Official Map may be extended to
include areas beyond the corporate limits but within the extraterritorial
plat approval jurisdiction of the municipality.
OUTLOT
A parcel of land, other than a buildable lot or block, so
designated on the plat, which is used to convey or reserve parcels
of land. Outlots may be created to restrict a lot which is unbuildable
due to high groundwater, steep slopes, or other physical constraints,
or to create common open space. Outlots may also be parcels of land
intended to be redivided into lots or combined 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. An outlot
may also be created if a lot fails to meet requirements for a private
on-site wastewater treatment system, but which may be buildable if
public sewer is extended to the lot or 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.
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.
PLANNED UNIT DEVELOPMENT (or CLUSTER 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 buildings, providing common open space, and mixing different
types of housing (single-family, duplexes, and apartments). Ordinances
permitting planned unit development permit planning a project and
calculating densities for the entire development rather than on an
individual lot-by-lot basis. Regulating planned unit developments
requires greater involvement of public officials in site plan review
and development aspects of both zoning and subdivision 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 Village for approval.
PRELIMINARY PLAT
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Planning
Commission/Village Board for their consideration as to compliance
with the Comprehensive Plan, Zoning Code and these regulations along
with required supporting data. The preliminary plat shall precisely
describe the location and exterior boundaries of the parcel proposed
to be divided, and shows the approximate location of lots and other
improvements.
PRIVATE STREET
A street owned and maintained by a private individual, organization,
or company rather than by the Village of Fredonia, Ozaukee County,
State of Wisconsin or the United States of America. Consequently,
unauthorized use of the street may be considered trespassing, and
some of the usual rules of the streets may not apply. The most common
type of private streets are residential streets maintained by a homeowners'
association, housing co-op, or other group of individual homeowners.
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 minor land division or 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, 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 or certified survey map without changing exterior boundaries
of said block, lot or outlot is not a replat.
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.
SUBDIVIDER
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
(certified survey map) or replat, or any person who creates a condominium
under Chapter 703 of the Wisconsin Statutes.
SUBDIVISION
A division of a lot, parcel, or tract of land by the owner
thereof or his agent for the purpose of sale or of building development,
where:
A.
The act of division creates five or more parcels or building
sites of 1 1/2 acres each or less in area; or
B.
Five or more parcels or building sites of 1 1/2 acres each
or less in area are created by successive divisions within a period
of five years.
C.
The act of division or the creation of any parcels or building
sites results in the creation or alteration of any street or alley.
D.
The definitions herein shall apply with equal effect to the
division or creation of parcels or building sites whether or not said
tracts shall, at such time, be part of a previously platted subdivision.
SURVEYOR
A State of Wisconsin professional land surveyor.
URBAN SERVICE AREA
The area expected to be served by public sanitary sewer and
water utility within the next twenty-year period as mapped in the
Village Comprehensive Plan.
WISCONSIN ADMINISTRATIVE CODE
The rules of administrative agencies having rule-making authority
in Wisconsin published as directed by § 35.93 and Chapter
227 of the Wisconsin Statues, including subsequent amendments to those
rules.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]