The following definitions shall be applicable in this chapter:
A public right-of-way usually not less than 40 feet in width
which normally affords a secondary means of vehicular access to abutting
property.
A street used or intended to be used primarily for fast or
heavy through traffic. Arterial streets shall include freeways and
expressways, as well as standard arterial streets, highways and parkways.
A bike route completely apart from a street and restricted
to bicycle, pedestrian, and maintenance vehicle traffic.
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.
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 Chapter 450, Zoning, or any restriction on the plat which identifies a line on the plat as a building setback line. The building setback line shall be substantially parallel to the right-of-way.
The City of Amery, Wisconsin, and, where appropriate, its
City Council, commissions, committees and authorized officials.
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.
The Plan Commission created by the City Council pursuant
to § 62.23, Wis. Stats.
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 City Plan Commission and certified to the City Council
pursuant to § 62.23, Wis. Stats., including detailed neighborhood
plans, proposals for future land use, transportation, urban redevelopment
and public facilities. Devices for the implementation of these plans
such as zoning, official mapping, land division, and building line
ordinances and capital improvement programs shall also be considered
a part of the Comprehensive Plan.
A preliminary drawing, made to approximate scale, of a proposed
land division for discussion purposes.
A real estate development in which a condominium form of
ownership pursuant to Ch. 703, Wis. Stats., is utilized.
A short street having but one end open to traffic and the
other end being permanently terminated in a vehicular turnaround.
As used in this chapter, "days" shall mean calendar not working
days.
A street permanently or temporarily closed at one end, with
or without turnarounds.
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.
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."
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.
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 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.
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.
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.
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.
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.
Roof areas, gravel or bituminous surfaces, sidewalks, decks
or other hard surface areas.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrian way, planting
strip or other facility for which the City may ultimately assume the
responsibility for maintenance and operation.
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.
A division of a parcel of land where the act of division,
including by certified survey, creates less than five lots, parcels
or building sites of 35 acres each or less in area.
A street of little or no continuity designed to provide access
to abutting property and leading into collector streets.
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.
The area contained within the exterior boundaries of a lot
excluding streets and land under navigable bodies of water.
The average dimension of a parcel measured from the rear
lot line to the front lot line along each side yard setback.
The peripheral boundaries of a lot as defined herein.
The width of a parcel of land measured along the front building
line.
A lot abutting intersecting streets at their intersection.
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.
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.
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.
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.[1]
Any division of land not defined as a "subdivision." Minor
land division includes 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 five acres or less in size or
the division of a block, lot or outlot within a recorded subdivision
plat existing for at least five years 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; also referred to as a "local street."
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.
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 map indicating the location, width, and extent of existing
and proposed streets, highways, drainageways, parks, playgrounds,
and other facilities, as adopted by the City Council pursuant to Ch.
62, Wis. Stats.
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, or is an otherwise undefined
territory in a plat.
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.
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.
An off-street area suitable to be used for parking a passenger
automobile.
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.
Includes the plural as well as the singular and may mean
any individual, firm, association, syndicate, partnership, corporation,
trust, or any other legal entity.
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 City recorded in
the office of the County Register of Deeds. An approved plan and reciprocal
land use agreement may not be changed without approval by the City.
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.
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.
The map, drawing or chart on which the subdivider's plat
of subdivision is presented to the City for approval.
The preliminary plat map, drawing or chart indicating the
proposed layout of the subdivision to be submitted to the Plan Commission
for its consideration as to compliance with the Comprehensive Plan
and these regulations along with required supporting data. A preliminary
plat precisely describes the locations and exterior boundaries of
the parcel proposed to be divided, and shows the approximate location
of lots and other improvements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 and to provide mutual protection against undesirable
aspects of development which would tend to impair stability of values.
Any public road, street, highway, walkway, drainageway, or
part thereof.
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.
A single-family dwelling or part of a duplex, apartment,
or other multiple-family dwelling occupied by one family or one distinct
set of inhabitants or occupants.
A public way dedicated to the public for its intended use.
The standards for setbacks shall be as defined in Chapter 450, Zoning.
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.
Soil type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the U.S. Natural Resources
Conservation Service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
Any person, firm, corporation, agent, partnership, or entity
of any sort which divides or proposes to divide 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.
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.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent for the purpose of sale or of building
development where:
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the subdivider.
That portion of the City and the area within its extraterritorial
jurisdiction which has been designated by the City Council and approved
by other appropriate agencies 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.
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.]
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.
