As used in this chapter, the following terms shall have the meanings indicated:
ACCESSA way or means of approach by easement or ownership of land to provide vehicular or pedestrian physical entrance to a property.
ACCESS SITE, LOTA parcel of land that is contiguous to a body of water (lake or river) that provides means for waterfront access for back lot development.
ACT or ACTIONThe outcome of a review, being an approval, conditional approval, denial, or a request for modification, additional study, field inspection or documentation.
APPLICANTThe owner of land proposed to be subdivided or its representative, who shall have express written authority to act on behalf of the owner.
AREA, NET USABLEIn any zoning jurisdiction, the net usable area is the land of a lot, parcel or tract devoted to the land use and specifically excludes the right-of-way of public and private streets, public lands, areas covered by navigable water, or other unusable land within the peripheral boundaries.
AREA; LOT; PARCEL or TRACTThe total square footage lying within the peripheral boundaries, including land over which easements have been granted.
BENCH MARKA relatively permanent material object, natural or artificial, having a marked location with a known elevation established to a stated datum.
BLOCKAn 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, lakes or other bodies of water.
BOARDBrooklyn Town Board, Town of Brooklyn, Green Lake County, Wisconsin.
CEMETERYA place set apart, either by municipal authority or private enterprise, for the interment of the dead; the term includes not only lots for burying the bodies of the dead, but also avenues, walks and grounds for shrubbery and ornamental purposes.
CERTIFICATE OF SURVEYAlso known as a "map of survey" or "plat of survey," prepared by a professional land surveyor. A certificate of survey may be a survey of an existing lot, parcel or tract, or may be a new land division if greater than 15 acres.
CERTIFIED SURVEY MAP (CSM)A division of land which results in the creation of any parcel or lot of less than 35 acres, where:
A. The exterior boundaries of said block, lot or recorded plat remain unchanged.
A maximum of four additional parcels are created (for a total of five parcels), within a five-year period of time.
COMMON OPEN SPACEUndeveloped land within a conservation design subdivision or condominium development 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 development. Common open space shall not be part of the individual residential parcels and shall be substantially free of structures, but may contain such recreational facilities for residents as are shown on the approved development plan.
COMPREHENSIVE PLANThe Comprehensive Master Plan adopted by the Town of Brooklyn in accordance with the Wisconsin Smart Growth Law, which indicates the general locations recommended for various land uses in the Town and includes any part of the plan separately adopted and any amendment to the plan.
CONCEPT PLANA concept plan is a general layout of the proposed development that is presented to and reviewed by the Plan Commission for general compliance with the Comprehensive Plan and to enable the subdivider and Town to identify development issues and articulate concerns with the proposed development prior to the creation of a preliminary plat.
CONDOMINIUM AGREEMENTA legal agreement outlining the management of common open space within a condominium development.
CONDOMINIUM DEVELOPMENTA real estate development in which the condominium form of ownership, pursuant to Ch, 703, Wis. Stats., is utilized.
CONSERVATION AREAS, PRIMARYAreas that are automatically set aside when determining open space for conservation design subdivisions, including all lands located within existing rights-of-way, all lands located within existing utility and railroad rights-of-way, floodplains, wetlands and slopes of 18% or greater.
CONSERVATION EASEMENTThe grant of a property right or interest from the property owner to another person, agency, unit of government or organization, stipulating that the described land shall remain in its natural, scenic, open or wooded state, precluding future or additional development.
CONSERVATION SUBDIVISIONA subdivision or residential development characterized by compact lots that are surrounded by or interspersed with preserved common open space where the natural features of the land are preserved to the greatest extent possible.
CONTIGUOUSLand that touches, having a common boundary.
COVENANTAn agreement or promise between two or more parties in writing.
CUL-DE-SACA local street having one end open to traffic and the other end permanently terminated in a vehicular turnaround.
DAYSShall refer to full calendar days.
DEDICATIONA donation of land or grant to the public or part of the public.
DEED, RECORDEDA written instrument that is signed, sealed and delivered, by which one party conveys land, tenements or hereditaments to another.
DETENTION BASINA man-made or natural depression below the surrounding grade level designed to collect surface and subsurface water to impede its flow and to gradually release the same at a rate not greater than that prior to the development of the property into natural or man-made outlets (i.e., storm sewer, culvert or stream).
DEVELOPER AGREEMENTContracts entered into between the subdivider and the Town to provide mutual protection and understanding as to the processes and nature of the development.
DRIVEWAYA private roadway providing access to a public right-of-way.
EASEMENTThe area of land set aside or through which a privilege or advantage in land, distinct from ownership of the land, is granted to the public or part of the public.
ENVIRONMENTAL ASSESSMENT REPORTAn environmental assessment report helps determine the physical and cultural affects of a proposed subdivision. A partial report, with readily available information, is filed with the optional concept plan, and the completed document is filed with the preliminary plat.
ENVIRONMENTAL CORRIDORThose contiguous lands which contain a significant grouping of sensitive lands, such as woodlands, streams and wildlife areas such as wetlands, marches, bogs, native vegetation, etc., which form an elongated pattern that tie these lands together.
FINAL PLATThe map and/or drawing of a subdivision prepared in compliance with the provisions of Ch.
236, Wis. Stats., and the provisions of this chapter.
Those lands, including channels, floodways and floodplain fringe, which are subject to inundation by flood within a given recurrence frequency. The one-hundred-year recurrence interval flood (or that flood having a 1% probability of occurring in any given year) is generally used for regulation.
GRADEThe slope of a road, street or other surface, specified in a percentage.
HIGH WATER ELEVATIONThe average annual high water level of a pond, stream, lake, flowage or wetland referred to an established datum or plane or, where such elevation is not available, the elevation of the line up to which the presence of water is so frequent so as to leave a distinct mark by erosion, change in or destruction of vegetation, or other easily recognized topographic, geologic or vegetative characteristic.
HOMEOWNERS' ASSOCIATIONA Wisconsin nonprofit membership corporation which serves as an association of homeowners within a subdivision or certified survey, having shared common interests, responsibilities with respect to costs and upcoming of common private property of a subdivision or certified survey. Such common property may include recreation and open space areas within a subdivision or certified survey.
LANDSCAPE BUFFERA specific area constructed with berming and/or live plant material and maintained for the purpose of providing a visual and/or spatial separation between different uses.
LANDSCAPINGLiving material, such as grass, ground cover, flowers, shrubs, vines, hedges and trees and nonliving durable material, such as rocks, pebbles, sand, mulch, wood chips or bark, walls and fences, but not including paving.
LEASEA conveyance of land or tenements to a person for a specified time in consideration of some type of compensation.
LOTA 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 provisions of this chapter and any applicable zoning ordinance.
A. CORNER LOTA lot abutting intersecting streets at their intersection.
LOT AREAThe area contained within the exterior boundaries of a lot, excluding streets and land under navigable bodies of water.
LOT, LEGALAn area of land that complies with applicable basic district standards for the zoning district in which such lot is situated or means the definition of a "lot of record" of this chapter.
LOT, SUBSTANDARDAn area of land with frontage on a public street or other approved means of access having insufficient size to meet the lot width, lot area, yard, off-street parking area or other open space provisions of this chapter or the zoning district wherein located.
LOT WIDTHThe width of a parcel of land measured along the front setback line.
MAPThe "map" refers to all pages and sheets that make up the land surveying document.
NATURAL RESOURCESNatural resources shall include, but not be limited to, all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources. Scenic and esthetic resources shall also be considered natural resources when owned by any governmental unit or agency.
NAVIGABLE WATERSAll natural inland lakes within Wisconsin and all streams, ponds, sloughs, flowages and other waters that are navigable under the laws of this state. Under §
281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under §
59.692, Wis. Stats., and Ch. NR
115, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches, if:
A. Such lands are not adjacent to a natural navigable stream or river;
Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching; and
Such lands are maintained in nonstructural agricultural use.
OFFICIAL MAPThe map adopted pursuant to Wisconsin statutes that shows existing and propose streets, highways, parkways, parks and playgrounds and school sites.
ORDINARY HIGH-WATER MARKThe water level of a pond, stream, lake, river, flowage or wetland referred to on an established datum plan, where the presence of the water is so continuous as to leave a distinct mark by erosion, changing or destruction of vegetation or other easily recognized topographic, geologic or vegetative characteristics.
OWNERThe record owners of the fee or a vendee in possession, including any person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these, or any legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.
PARCELContiguous lands under the control of a subdivider(s) not separated by streets, highways or railroad rights-of-way.
PATHWAY, MULTI-USEA public way intended for the conveyance of pedestrians or bicyclists only; it may also provide public right-of-way for utilities and emergency vehicles.
PLAN COMMISSIONThe Town of Brooklyn Plan Commission created by the Town of Brooklyn Town Board.
PLAN, CONCEPTA map or drawing preparatory to the preliminary plat to enable the subdivider to present the general concept of the development to the Town.
PLATA map of a subdivision.
A. FINAL PLATThe final map of a subdivision, together with any supplementary data required in this chapter, which gives legal descriptions of property and is prepared and approved under this chapter, to be recorded by the County Register of Deeds.
PRELIMINARY PLATA map of a subdivision, together with supplementary data as required in this chapter, showing the layout of a proposed subdivision submitted to the Plan Commission and Town Board for their consideration as to compliance with the regulations contained in this chapter and the Town Comprehensive Plan.
REPLATThe 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 or lot within a recorded subdivision plat without changing exterior boundaries of said block or lot is not a replat.
PROFESSIONAL LAND SURVEYORA land surveyor duly licensed in the State of Wisconsin to perform any service comprising of the determination of the location of land boundaries and land boundary corners; the preparation of maps showing the shape and area of parcels or lots and their subdivision into smaller parcels or lots; the preparation of maps showing the layout of roads, streets and rights-of-way of the same to give access to smaller parcels or lots; and the preparation of official plats or maps of land in the State of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A public meeting conducted by the Town Board or Plan Commission for the purpose of collecting testimony about a specific topic or item and which is specifically noticed under §
19.84, Wis. Stats.
Any open channel, roadway, park, parkway, public access, multi-use path, planting strip or other facility for which the Town may ultimately assume the responsibility for maintenance and operation.
RECREATION LAND, ACTIVEAreas that are altered from their natural state to accommodate organized athletic activities (e.g., soccer, football, baseball, golf). Active recreation lands may also require the installation of equipment (e.g., playground apparatus, riding stables, target ranges, golf ranges, etc.).
RECREATION LAND, PASSIVEAreas that are left in a natural state for scenic enjoyment (e.g., distant views) with minimal alteration. Limited outdoor activities with minimal impact on the landscape (e.g., walking, hiking, birding, hunting) may also be included as passive recreation lands.
REPLATThe process of changing, or the plat or map that 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 without changing the exterior boundaries of said block, lot or outlot is not a replat.
RESTRICTIVE COVENANTSContracts 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.
A man-made or natural body of water of a depth of not less than three feet, designed to contain water at all times, the levels of which will be increased as a result of flow into it from surface and subsurface water collected therein and released gradually into natural and man-made outlets.
ROADWAYA surface curb-to-curb or paved portion of a street available for vehicular traffic movement and parking.
SANITARY DISTRICTThe Green Lake Sanitary District. To review a map of the Sanitary District refer to the Town of Brooklyn Comprehensive Master Plan.
SHORELANDSThose lands within the following distances (whichever is greater):
A. Within 1,000 feet from the high-water elevation of navigable lakes, ponds and flowages; or
Within 300 feet from the high-water mark of a river or stream or to the landward side of a floodplain.
STREET (PUBLIC)The right-of-way of any street, road, highway, lane, etc., dedicated to the public, which generally provides access to abutting properties.
A. ARTERIAL STREET AND HIGHWAYThose that provide for the rapid movement of concentrated volumes of traffic over relatively long distances and have the most limited access to assure rapid movement.
COLLECTOR STREETStreets that provide moderate speed movement of a vehicular traffic from local streets to arterial streets. A collector street serves a neighborhood or a major subdivision and should be designed so that no residential lots have direct access to it.
LOCAL STREETStreets designed for low speeds and low volumes of vehicular traffic connecting to collector streets and arterial streets that provides the greatest degree of access to abutting properties.
CUL-DE-SAC STREETA local street with only one outlet and having a turnaround for the safe and convenient reversal of traffic movement.
DEAD-END STREETA local street with only one outlet and having no turnaround for reversal of traffic movement.
SUBDIVIDERAny person or agent thereof dividing or proposing to divide land resulting in a certified survey map, subdivision plat, or replat.
SUBDIVISIONLand division which results in any parcel or lot of less than 35 acres, where:
A. Five or more parcels or lots are created; or
Five or more parcels or lots are created by successive divisions within a period of five years, whether done by the original owner or a successor owner; or
The establishment of a condominium development pursuant to Ch.
703, Wis. Stats., shall be deemed to be a subdivision for purposes of this chapter.
SUPPLEMENTARY DATAInformation required to be filed with a certified survey map, subdivision or condominium plat as required by this chapter.
SURETYAny legal financial assurance or guarantee that guarantees performance of a subdivider's contract or obligation through forfeiture of the assurance of guarantee if said contractor obligation is unfulfilled by the subdivider.
TOWNThe Town of Brooklyn, Green Lake County, Wisconsin.
TRACTA contiguous area of land within a parcel, the owner of the tract being the same owner as the parcel. The tract is divided by a street, highway, railroad, waterway or other physical feature that causes the acreage of the parcel to be physically divided.
UTILITY EASEMENTAn easement to place, replace, maintain or move utility facilities, such as telephone, water, gas and cable television.
VARIANCEA modification or variation of the provisions of this chapter that is not contrary to the public interest where it is determined that, by reason of special and unusual circumstances relating to a specific land area, strict application of the ordinance would cause an unreasonably burdensome conditions.
WETLANDSAn 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 as defined in §
23.32(1), Wis. Stats.