For the purposes of this chapter, the following definitions
shall be used. Words used in the present tense include the future;
the singular number includes the plural number; and the plural number
includes the singular number. The word "shall" is mandatory and not
directory.
As used in this chapter, the following terms shall have the
meanings indicated:
A means of providing vehicular or non-vehicular egress from
or ingress to a property, highway, or private roadway.
A special public way affording only secondary access to abutting
properties.
A tract of land bounded by streets, or a combination of streets,
public parks, cemeteries, railroad right-of-way, shorelines of navigable
waters, and municipal boundaries.
A line on a lot, generally parallel to a lot line or public or private street right-of-way line, located a sufficient distance from either to comply with the provisions of this chapter and Chapter 390, Zoning. The building lines on a lot determine the area in which buildings are allowed to be developed subject to all applicable provisions of this chapter and Chapter 390, Zoning. Building lines are also referred to as "setbacks."
A method of permitting and recording a minor subdivision.
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.
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic or physical interests.
The extensively developed plan, also called a master plan,
adopted by the Village Plan Commission and certified to the Village
Board pursuant to §§ 61.35, 62.23, and 66.1001, Wis.
Stats., including detailed neighborhood plans, proposals for future
land use, transportation, urban redevelopment and public facilities.
A development of privately owned housing on unsubdivided
land held in common ownership.
A legal instrument of recordation as defined in § 703.11,
Wis. Stats.
Any agency created by a county board and authorized by statute
to plan land use such as a rural planning committee, a park commission,
or a zoning committee.
A binding agreement that limits the property rights of the
owner.
A local street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
A contract for improvements negotiated between the subdivider
or condominium developer and the Village as a condition of final plat,
condominium plat or CSM approval.
An area defined by gravel, limestone, or paving located wholly
within the boundaries of privately held property and intended as an
access from the public right-of-way to an allowed parking space or
area. The term "driveway" shall not include parking spaces or areas,
or turnarounds.
Written authorization, recorded in the Register of Deeds'
office, from a landowner authorizing another party to use any designated
part of the landowner's property for a specified purpose.
The unincorporated area within 1 1/2 miles of a fourth-class
city or a village and within three miles of all other cities. 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.
A map prepared in accordance with the requirements of Chapter
236 of the Wisconsin Statutes 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.
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 or street side 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 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.
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.
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 Village, and which is approved, as to form,
by the Village Attorney.
A highway with full or partial control of driveway and intersecting
road access, and generally with grade separations at major intersections.
A piece of land that meets the following criteria:
Undivided by any street or private road;
Contains the accessory buildings or uses customarily incidental to such building, use, or development, including such open spaces and yards as designed and arranged or required by this chapter and Chapter 390, Zoning, for such building, use, or development; and
Has been described in a subdivision plat, certified survey map,
or in a metes and bounds description approved by the Village or by
Walworth County and recorded in the office of the Register of Deeds.
(See Figure 375.1202.)
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Figure 375.1202
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A lot situated at the junction of and abutting on two or
more intersecting streets, or a lot at the point of deflection in
alignment of a continuous street, the interior angle of which does
not exceed 135°, measured on the lot side. (See Figure 375.1202.)
The average distance between the front lot line and the rear
lot line of a lot.
The line (including the vertical plane established by the
line and the ground) bounding a lot, except that where any portion
of a lot extends into the public right-of-way or a proposed public
right-of-way, the line of such public right-of-way shall be the lot
line for applying the regulations of this chapter.
A lot line that abuts a public or private street right-of-way.
For corner lots, the lot line along the street from which the house
is addressed shall be the front lot line. (See also "lot line, street
side.") For double frontage lots, there shall be two front lot lines,
or one front lot line and one shore lot line, and no rear lot lines.
Any boundary of a lot that is not a front lot line, street
side lot line, or a rear lot line.
In the case of rectangular or most trapezoidal-shaped lots,
the lot line that is opposite and most distant from the front lot
line of the lot is the rear lot line. In the case of an irregular,
triangular, or gore-shaped lot, a line 20 feet in length, entirely
within the lot, parallel to and at the maximum possible distance from
the front line shall be considered to be the rear lot line. In the
case of a double frontage lot, there shall be no rear lot line.
The lot line that abuts a navigable waterway.
For corner lots, the lot line that abuts a public or private
street right-of-way but that is not the front lot line (also see "Lot
line, front").
A platted lot or lot described in a certified survey map
or in a metes and bounds description that has been approved by the
Village or by Walworth County; and has been recorded in the office
of the Register of Deeds.
The maximum horizontal distance between the side lot lines,
measured parallel to the front lot line and at the rear of the required
front yard.
A lot, other than a corner lot, with frontage on more than
one street, or with frontage on a street and a navigable waterway.
Double frontage lots shall normally be deemed to have two front yards,
or one front yard and one shore yard, and no rear yard. Double frontage
lots shall not generally be permitted except where the lot abuts an
arterial highway or a navigable waterway. 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 Figure 375.1202.)
A double frontage lot that takes access from a local street
that is typically to the rear side of the building.
Land that is covered with largely mature trees as defined
by the Regional Planning Commission as part of its delineation of
environmental corridors.
A line run in surveying particular portions of the public
lands which border on navigable rivers or lakes. In preparing an official
plat from the field notes, the meander line is represented as the
border line of the stream, and shows that the watercourse, and not
the meander line, as naturally run on the ground, is the boundary.
The dividing area, either paved or landscaped, between opposing
lanes of traffic on some streets.
The shortest distance allowed between a lot line and a structure.
Any division of land not defined as a subdivision. Minor
land divisions include the division of land by the owner or subdivider
resulting in the creation of two, but not more than four, parcels
or building sites, any one of which is less than five acres in size;
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, lot or outlot. Such minor land
divisions shall be made by a certified survey map.
A street used, or intended to be used, primarily for access
to abutting properties.
An incorporated village or city.
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.
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)]
A parcel of land, other than a lot or block, so designated
on the plat, but not of standard lot size, which can be either 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.
A map representing a tract of land or subdivision, showing
the boundaries and locations of individual properties and streets,
and shall include condominium plats.
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.
Publicly owned and maintained properties that include, but
are not limited to, rights-of-way, parks, and open space.
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, certified survey map,
or part thereof. The division of a large block, lot or outlot within
a recorded subdivision plat or certified survey map without changing
the exterior boundaries of said block, lot, or outlot is not a replat.
Those lands, in the unincorporated areas of Walworth County,
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 type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the U.S. Natural Resources
Conservation Service.
A street that provides primary access to and through an area.[1]
A street that provides access to individual properties.
A local street that primary serves to provide access directly
to residential driveways and private residential courts and streets.
A collector street serving primarily residential land uses
and that primarily serves to connect local residential streets to
collector or arterial streets.
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 owners
thereof, or their agents, 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.
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the subdivider.
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.
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.
