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:
Average daily traffic. The average total number of vehicles traversing a street on a typical day.
A special public way affording only secondary access to abutting properties.
The Plan Commission, the Village wherein the plat is located, and each adjoining city or village in whose extraterritorial plat approval jurisdiction the subdivision lies.
A street used, or intended to be used, primarily for fast or heavy through traffic, providing for the expeditious movement of through traffic into, out of, and within the community. "Arterial streets" shall include freeways and expressways, as well as standard arterial streets, highways and parkways. Arterial streets shall be located to minimize the penetration of such streets through existing and proposed residential areas. Arterial streets shall be designed to convey an average daily traffic (ADT) of 3,000 and greater.
A pathway usually separated from a roadway, designed specifically to satisfy the physical requirements of bicycling.
A tract of land bounded by streets, or a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines of navigable waters, and municipal boundaries.
See definition for "bufferyard."
An area of land within the boundaries of a lot or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or using trees, shrubs, fences, and/or berms, designed to limit continuously the view and/or sound from the lot or site to adjacent lots or sites. Bufferyards are typically defined by a delineated easement graphically indicated on the face of the certified survey map, subdivision plat, or condominium plat.
A line parallel to a lot line and at a distance from the lot line to comply with the terms of this chapter.
A measurement of the diameter of a tree, taken six inches from above the ground level for trees up to and including four-inch caliper sizes and 12 inches above the ground level for larger sizes.
A plat or map prepared for a minor land division, as defined in § 335-22 of this chapter, and prepared and recorded as set forth in § 236.34, Wis. Stats. (See also definition for "minor land division.")
A street used, or intended to be used, to carry traffic from minor streets to the system of arterial streets, including principal entrance streets to residential developments and/or activity/employment centers. Collector streets shall be designed to convey an average daily traffic (ADT) of between 500 and 3,000.
A town, municipality, or a group of adjacent towns and/or municipalities having common social, economic, or physical interests.
The extensively developed plan adopted by the Village Board pursuant to §§ 61.35 and 62.23, Wis. Stats. The Comprehensive Plan shall also include neighborhood and subarea plans, proposals for future land use, open space, streets and transportation, urban redevelopment, and public facilities. Devices for the implementation of these plans, such as zoning, Official Map, land division and building line provisions, design guidelines, and capital improvement programs, shall also be considered a part of the Comprehensive Plan.[1]
Property subject to a condominium declaration as defined, regulated, and established under Ch. 703, Wis. Stats.
A type of protective covenant, the boundary lines of which are graphically depicted on the face of a certified survey map, preliminary plat, final plat and/or condominium plat, used to conserve and preserve a natural resource feature that is protected under the provisions of this chapter.
A local street with only one outlet and having an appropriate turnaround for the safe and convenient reversal of traffic movement.
A vertical or sloping edge of a roadway.
Diameter at breast height.
A man-made or natural depression below the surrounding grade level designed to collect surface and subsurface water so that it might 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., the storm sewer system or stream).
The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.
Any man-made change to improved or unimproved real estate, including, but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses; mining, dredging, filling, grading, paving, excavation or drilling operations; or disposition of materials.
The Kenosha County Development Plan text and all accompanying maps, charts, and explanatory material, or elements thereof, adopted by Kenosha County pursuant to § 59.69, Wis. Stats., and all amendments thereto.
A residential building designed for occupancy by two or more dwelling units.
Agricultural, residential, recreational, and other open space development at such concentrations and densities not requiring traditional urban services and facilities. 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. (See also definition for "rural area.")
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 waters. (See also definition for "urban area.")
The diameter of the trunk of a tree, measured in inches, at a point 4.5 feet above the ground line. This point of measurement is used for established and mature trees.
Where the title or part thereof of land is transferred by the execution of a land contract, an option to purchase, an offer to purchase and acceptance, a deed, a subdivision plat, or a certified survey map.
The land on either side of and within 50 feet of the center line of any intermittent or perennial stream graphically shown on either the United States Geological Survey 7.5 minute quadrangle topographic map of the area or the large-scale (one inch equals 200 feet) Kenosha County topographic maps, except areas designated as wetlands, shoreland wetlands, floodways, or 100-year recurrence interval floodplains.
The farthest distance, measured as a radius and the total area encompassed thereby, where the branches of a tree extend from its trunk, indicating the extent of the canopy of a tree.
A paved or unpaved area used for ingress or egress of vehicles, allowing access from a street to a lot or site, use, building, or other structure or facility.
One or more rooms, including a bathroom and complete kitchen facilities, that are arranged, designed, or used as living quarters for one family or household.
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 1.5 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 the boundaries of each community, so that not more than one community exercises extraterritorial powers over any area.
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 Kenosha County Register of Deeds.
An elevation two feet above the elevation of the 100-year recurrence interval flood or, where such data is not available, five feet above maximum flood of record.
See definitions for "woodland, mature" and "woodland, young."
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 shallow channel, usually set along a curb or the pavement edge of a road, for purposes of catching and carrying off runoff water.
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 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.
A Wisconsin nonprofit membership corporation. An association of homeowners within a subdivision, certified survey map, or condominium having shared common interests and responsibilities with respect to the costs and upkeep of common private property of a subdivision, certified survey map, or condominium. Such common property includes private recreation and open space areas within the subdivision, certified survey map, or condominium. For the purposes of this chapter, homeowners' associations include condominium associations.
Any man-made immovable item which becomes part of, placed upon, or is affixed to real estate.
Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, curb and gutter, sidewalk, pedestrianway, bicycle path, stormwater detention and retention basins, planting strip, or other utility and/or facility for which the Village 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 Village, and which is approved, as to form, by the Village Attorney.
Any body of water two acres or larger in size as measured by the shoreline at its maximum condition rather than the permanent pool condition, if there is any difference.
See definition for "bufferyard."
See Article V of this chapter.
Living 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.
Pipes installed for conducting sewage from certified survey maps, subdivision plats, or lots to larger sanitary sewer pipes, typically called trunk or interceptor sewers.
Pipes installed for conducting water to certified survey maps, subdivision plats, or lots from larger water mains.
A parcel of land having frontage on a public street or other officially approved means of vehicular access, occupied or intended to be occupied by a principal structure or use and of sufficient size to meet minimum zoning requirements for use, width, frontage, area, yard and open space provisions as set forth in this chapter and Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code.
The area contained within the exterior, or peripheral, boundaries or lot lines of a lot, excluding streets and land under navigable bodies of water.
A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
The horizontal distance between the side lines of a lot, measured at right angles to its depth along a straight line parallel to the front line at the minimum required building setback line.
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135° or less, measured on the lot side.
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, 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.
Mini-level privately owned outdoor recreation land areas (including play lots and tot lots) serving a single subdivision, condominium plat, or multiple-family dwelling development and generally containing less open space and natural-resource-oriented areas than typical neighborhood-level public outdoor recreation land. Mini-park-level private outdoor recreation lands are typically less than five acres in area but a minimum of 20,000 square feet in area and are located within short walking distances of home (generally less than 1/4 mile). These areas provide sufficient usable land area meeting the standards set forth in § 335-80 of this chapter. These areas are equipped with safe and creative play devices, landscaping, and suitable ground cover improvements and can include picnicking areas, play equipment areas, open play areas, and other small, passive activity areas.
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 35 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. Residential minor streets that are designed as either looped or through streets shall be designed so that no section conveys an average daily traffic (ADT) greater than 500. Residential minor land access streets that are designed as permanent cul-de-sac streets shall be designed so that no section conveys an average daily traffic (ADT) greater than 250.
The Municipal Code of the Village of Salem Lakes, Kenosha County, Wisconsin, or the Code of Kenosha County, Wisconsin, as applicable.
An incorporated village or city or an unincorporated town.
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.
See Article IV of this chapter.
The proportion of the natural features of a site (excluding land occupied by public street rights-of-way), which shall remain undeveloped and protected and is specifically designated for natural resource protection by deed restriction, protective covenant, zoning or a combination thereof.
Areas of steep slopes, woodlands and forests (mature and young), lakes, ponds, streams, shore buffer, floodplains, drainageways, wetlands, and shoreland wetlands as defined in this chapter.
See definition of "navigable water."
Any stream capable of floating any boat, skiff, or canoe of the shallowest draft used for recreational purposes. (See also definition of "navigable water.")
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)]
The Wisconsin Department of Administration, the Wisconsin Department of Transportation, the Wisconsin Department of Natural Resources, and the Wisconsin Department of Safety and Professional Services.
Any site, parcel, lot, area, or outlot of land or water essentially unimproved and set aside, dedicated, designated, or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space land shall not be occupied by nonrecreational buildings, roads, drives, public rights-of-way, or off-street parking areas for nonrecreational uses. Land located within the yards or lots of residential and/or nonresidential properties is not considered open space.
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, public school district, state or county agency, or other public body for recreational or conservational uses.
The point on the bank or shore of a navigable water up to which the presence and action of surface water is so continuous as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
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 in the future with one or more other adjacent outlots or lots in adjacent subdivisions or minor land divisions in the future for the purpose of creating buildable lots.
Includes the plural as well as the singular and may mean either a natural person, individual, firm, association, syndicate, partnership, private corporation, public or quasi-public corporation, or combination of these having sufficient proprietary interest to seek development of land. For purposes of successive division of a parcel of land by certified survey maps, "owner" shall be taken to include any related person, firm, partnership or corporation to whom conveyance has been made within two years of application for approval of a certified survey map. "Related" shall mean any natural person related to a transferor by blood or marriage, any person acting in an agency or trust capacity, any partnership in which the transferor is a partner and any corporation in which the transferor is a stockholder, officer or director or in which related persons are stockholders, officers or directors.
A public way that is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
The Village of Salem Lakes Plan Commission created by the Village Board pursuant to §§ 61.35 and 62.23(1), Wis. Stats.
The map, drawing, or chart on which the subdivider's land division is presented to the Village of Salem Lakes for approval.
All bodies of water less than two acres in area as measured by the shoreline at its maximum condition rather than the permanent pool condition, if there is any difference.
A map showing the salient features of a proposed subdivision, submitted to an approving authority for purposes of preliminary consideration.
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 that would tend to impair stability of values.
Any public road, street, highway, walkway, drainageway, or part thereof.
An outdoor recreation site serving several neighborhoods and generally containing more open space and natural-resource-oriented areas than typical neighborhood-level public outdoor recreation land. Active recreational facilities located in such areas can include, but not necessarily be limited to, baseball, softball, tennis, basketball, playground or play field (which may be associated with a middle or high school), picnicking, swimming, recreational trails, and passive activity areas, etc. Such recreational land typically serves an area with a radius of from about two to 10 miles and provides sufficient usable land area per capita to meet the standards set forth in § 335-57 of this chapter. The size of such areas typically ranges from 25 to 99 acres in area.
An outdoor recreation site serving a single neighborhood and generally containing less open space and natural-resource-oriented areas than typical community-level public outdoor recreation land. Active recreational facilities located in such areas can include, but not necessarily be limited to, baseball, softball, tennis, basketball, playground or play field (which may be associated with an elementary school), picnicking, ice-skating area, recreational trails, and passive activity areas, etc. Such recreational land typically serves an area with a radius of from about 0.5 to two miles and provides sufficient usable land area per capita to meet the standards set forth in § 335-57 of this chapter. The size of such areas is typically less than 25 acres in area.
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.
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 level of which will be increased as a result of the flow into it of surface and subsurface water collected therein and released gradually into natural or man-made outlets.
Those areas of the Village of Salem Lakes not within a delineated sanitary sewer service area in conformance with an adopted area-wide water quality management plan.
Those minimum street, front, rear, and/or side yards required by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code.
The area located within 100 feet of the ordinary high-water mark of all navigable waters and parallel to that ordinary high-water mark.
All land, water and air located within the following distances from the ordinary high-water mark of navigable waters as defined in § 281.31(2)(d), Wis. Stats.: 1,000 feet from a lake, pond or flowage; 300 feet from a river or stream or to the landward side of a floodplain (i.e., the outward edge of the floodplain), whichever distance is greater. If the navigable water is a glacial pothole lake, the distance shall be measured from the high-water mark thereof.
A wetland, as defined by this chapter, which is located within a shorelands area.
A paved path provided for pedestrian use and usually located at the side of a road within a public street right-of-way but physically separated by distance from the road pavement.
See Article VI of this chapter.
The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
Three categories of steep slopes are defined herein for use in this chapter. These categories are based upon the relative degree of the steepness of the slope as follows: 10% to 20%, 20% to 30%, and greater than 30%. No land area shall be considered a steep slope unless the steep slope area has at least a ten-foot vertical drop and has a minimum area of 5,000 square feet.
Soil type, slope, and erosion factor boundaries as shown on the operational soil survey maps prepared by the Soil Conservation Service of the United States Department of Agriculture, as published in the Soil Survey: Kenosha and Racine Counties, Wisconsin, dated December 1970.
The set of standards and specifications which the Village uses, and has established as public policy, for the installation of improvements as set forth in this chapter. Said "Standards and Specifications for Development" shall be in printed form and may be amended from time to time by the Village Board.[2]
A dedicated public thoroughfare affording the principal means of access to abutting property.
Any person, firm or corporation, or any agent thereof, dividing or proposing to divide land, resulting in a subdivision, minor land division (certified survey map) or replat.
An agreement by which the Village 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 Village.
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 1.5 acres each or less in area, or where the act of division creates five or more parcels or building sites of 1.5 acres each or less in area by successive division within a period of five years.
The natural ground lying beneath a road.
A bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled by the subdivider.
Any self-supporting, woody plant, together with its root system, growing upon the earth, usually with one trunk or a multi-stemmed trunk system, supporting a definitely formed crown.
A tree whose leaves would occupy the upper level of a forest in a natural ecological situation. These trees are often referred to as "shade trees."
A tree located in a public place, street, special easement, or right-of-way adjoining a street.
A tree whose leaves would occupy the lower level of a forest in a natural ecological situation. These types of trees are often referred to as ornamental trees.
A single or one-way vehicle movement to or from a property.
A delineated sanitary sewer service area in conformance with an adopted area-wide water quality management plan.
The Village Board of the Village of Salem Lakes, Kenosha County, Wisconsin.
A permanent or intermittent stream channel.
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.
An area or stand of trees whose total combined canopy covers an area of one acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (DBH) of at least 10 inches; or any grove consisting of eight or more individual trees having a DBH of at least 12 inches, whose combined canopies cover at least 50% of the area encompassed by the grove. However, no trees grown for commercial purposes should be considered a mature woodland.
An area or stand of trees whose total combined canopy covers an area of 0.50 acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (DBH) of at least three inches. However, no trees grown for commercial purposes shall be considered a young woodland.
As defined by Chapter 490, Zoning and Shoreland/Floodplain Zoning, of this Code and its accompanying maps, as amended.