Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ALLUVIAL SOILSoil or sediments deposited by a river or other running water.
BUFFERSAreas of secondary protection established on a case-by-case basis for each environmentally sensitive area. The width of the buffer might, due to topography and species diversity, vary around the perimeter of each environmentally sensitive area.
CLEAR-CUTTINGThe substantial removal of trees or shrubs in a contiguous patch, strip, row, or block which is inconsistent with standard forest maintenance practices.
CLOSED DEPRESSIONA natural geological formation of the earth's surface characterized by having no direct overland surface water outlet. Closed depressions commonly found in the Town have developed through two distinct geological processes: karst development and glaciation.
COMMON FACILITIESThose facilities which are designated, reserved, restricted or otherwise set aside for the use and enjoyment by residents of a subdivision or condominium plat.
COMMON OPEN SPACEUndeveloped land within a subdivision or condominium plat that has been designated, reserved, or restricted in perpetuity from further development or subdivision and is set aside for the use and enjoyment by residents of the development and/or condominium plat, for the preservation, restoration and management of historical, agricultural or environmentally sensitive features.
COMMON SANITARY SYSTEMA private on-site wastewater treatment system (POWTS) serving two or more dwelling units.
COMPREHENSIVE PLANThe Town of St. Joseph Comprehensive Plan adopted by the Town Board and its subsequent revisions and amendments pursuant to § 66.1001, Wis. Stats.
CONDOMINIUMA community association combining individual unit ownership with shared use or ownership of common property or facilities, established in accordance with the requirements of the Condominium Ownership Act, Chapter 703, Wis. Stats. A condominium is a legal form of ownership of real estate and not a specific building type or style.
CONSERVATION EASEMENTAs provided in § 700.40, Wis. Stats., a holder's nonpossessory interest in real property imposing any limitations or affirmative obligations the purposes of which include permanently retaining or protecting natural, scenic or open space values of real property, permanently assuring the availability of real property for agricultural, forest, recreational or open space use, permanently protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site as defined in § 157.70(1)(b), Wis. Stats., or permanently preserving the historical, architectural, archaeological or cultural aspects of real property.
CORRIDORSStrips or blocks of land that form connections between two separated areas of similar habitat. These corridors allow plants and animals to disperse and travel from one "island" of suitable habitat to another.
DEVELOPER'S AGREEMENTAn agreement between the Town, alone or with other governmental units with jurisdiction, and the owners and subdividers of property within the Town regarding subdivision and subsequent development and use of said property.
DEVELOPMENT AREASAreas where development will be allowed on sites within Preservation Residential subdivision areas as designated in the Comprehensive Plan.
DRAINAGEWAYA natural passageway on the surface of the earth so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area. The term also includes all drainage structures that have been constructed or placed for the purpose of conducting water from one place to another.
ENGINEERThe registered engineer employed by the Town unless otherwise stated.
FLOODPLAINLand which has been or may be covered by floodwater during a regional flood. The floodplain includes the floodway, flood-fringe, shallow depth flooding, flood storage and coastal floodplain areas.
FORESTAt least 10 contiguous acres of deciduous and/or coniferous trees with their crowns overlapping (generally forming 60% to 100% cover).
GROUNDWATER RECHARGEThe process by which external water is added to the zone of saturation of an aquifer, either directly into a formation or indirectly by way of another formation.
HIGH WATER ELEVATION (HWE)The HWE shall be calculated, assuming developed conditions, using back-to-back 100-year storm events for closed depressions and stormwater ponds.
HOMEOWNERS' ASSOCIATIONAn association of property owners in a particular subdivision, condominium plat or other development organized to manage the common open space, stormwater facilities, and/or any other common facilities, detailed in the homeowner's agreement completed under §
168-22D of this chapter.
A subdivision, minor subdivision, major subdivision, resubdivision or replat.
LAND STEWARDSHIP PLANA plan for long-term management of open space areas and/or lands placed under a conservation easement.
LOTA parcel of land numbered in sequence with other parcels shown on a plat or certified survey map.
MAJOR SUBDIVISIONA subdivision resulting in the creation of five or more lots from a parcel that existed five years before the date of the application. The resulting subdivision would require preliminary and final plat approval.
MINOR SUBDIVISIONA subdivision resulting in the creation of four or fewer lots from a parcel that existed five years before the date of the application. The resulting subdivision would require certified survey map approval.
NATIVE PRAIRIEA natural vegetative community primarily dominated by native grasses and herbaceous flowering plants with few or no trees, typically sustained by fire and/or grazing.
NATIVE VEGETATIONThose species of vegetation that occurred naturally in pre-settlement Wisconsin and are noted on the 1830s Vegetation Map.
NATURAL SWALEA low-lying or depressed, and often wet, stretch of land that is not constructed as part of development.
OPEN SPACE AREASLand used for agriculture, natural habitat or pedestrian corridors and/or recreational purposes, which is undivided and permanently protected from future development or subdivision. This may include common open space that is used by and for residents of the subdivision only.
ORDINARY HIGH-WATER MARK (OHWM)The point on the bank or shore 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.
OUTLOTA lot remnant or parcel of land within a plat remaining after platting which is intended for other use than development. An outlot shall not be developed for any use or structure that requires a POWTS.
PARCELContiguous land under single ownership, not separated by public roads or rights-of-way. Creation of private or public roads after April 19, 1991, does not create separate parcels eligible for treatment under the minor subdivision provisions of this chapter.
PERIMETER ROADA road lying outside of and abutting a development parcel.
PLANT COMMUNITYA grouping of plants with common environmental requirements living within the landscape, i.e., wetlands, grasslands, boreal forests.
PLATA map of a major subdivision prepared in accordance with Ch. 236, Wis. Stats., and this chapter.
PREAPPLICATION MEETINGA meeting with Town Staff and the applicant, the applicant's agent, and/or professional consultant to discuss overall project intent, applicable code restriction sections, potential fees, general application details, submittal requirements, and to obtain information regarding the purpose and objectives of the Town's regulations and procedures, the adopted Comprehensive Plan, and other relevant ordinances prior to a formal application being filed with the Town of St. Joseph. Town Staff may include but is not necessarily limited to Town Clerk, Town Building Inspector, Town Zoning Administrator, Town Engineer, Town Planner, and/or Town Legal Counsel.
[Added 4-13-2023 by Ord. No. 2023-01]
An agreement between the Town and the owners and subdividers of property within the Town regarding review of a proposed subdivision and payment of all fees.
PRESERVATION RESIDENTIALLand located in the designated natural resource corridors identified in the Comprehensive Plan as "Preservation Residential."
PRIMARY CONSERVATION AREAThe environmental or conservation lands where building and development are limited to allow for preservation of critical natural resources.
PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM (POWTS)A sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. Also, an alternative sewage system that may include a substitute for the septic tank or soil absorption field, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or by a special purpose district.
PROTECTIVE OR RESTRICTIVE COVENANTSA contract entered into between private parties that constitutes a restriction of the use of a particular parcel of property and is binding upon subsequent owners of the land.
RARE, THREATENED, OR ENDANGERED SPECIESSpecies and natural communities that are listed as endangered or threatened or have a state rank of S1, S2, or S3 on the Wisconsin Natural Heritage Inventory.
(1) ENDANGEREDAny species whose continued existence as a viable component of this state's wild animal or wild plant population is determined by the Wisconsin Department of Natural Resources to be in jeopardy on the basis of scientific evidence.
THREATENEDAny species that appears likely to become, within the foreseeable future, on the basis of scientific evidence, endangered as determined by the Wisconsin Department of Natural Resources or the U.S. Department of the Interior.
RAREThose species about which some problem of abundance or distribution is suspected but not yet proved. The main purpose of this category is to focus attention on certain species before they become threatened or endangered.
RESOURCE INVENTORYA survey of the land's features including its natural resources, cultural resources, scenic views and viewsheds and physical characteristics.
ROADA public way for vehicular traffic; this term includes highways.
SECONDARY CONSERVATION AREAThe features of a development site that should be protected and integrated into the development to enhance open space, protect groundwater quality and environmental areas, and conform to the values of the Town as stated in the Comprehensive Plan.
STEEP SLOPESSlopes that are unstable enough so that down-slope movement is likely. An unstable condition can occur because of a combination of steepness, material, hydrologic conditions, and human disturbance. Where specific information from county soil surveys is not available, steep slopes are lands having slopes over 12% as measured over horizontal distances of 50 feet or greater.
STRUCTURESomething built or erected, such as a residence, a building, shed, barn, fence, or wall.
SUBDIVIDERAny person, partnership, corporation or other entity creating a subdivision.
SUBDIVISIONA division of a lot, parcel or tract of land by the owner or owner's agent for the purpose of transfer of ownership or building development where the act of division creates or results in one or more parcels or building sites of less than 35 acres in area. A subdivision can be created by the following means:
(1) Recording of a plat or certified survey map.
Recording of any other document or instrument that creates a parcel not previously created pursuant to this chapter or its predecessor.
Foreclosure of a mortgage or a land contract if the foreclosure creates and/or conveys a parcel not previously created pursuant to this chapter. This subsection is not to be construed as endorsing a policy encouraging rezoning or subdividing of a parcel as a prerequisite to obtaining a mortgage when inconsistent or incompatible with surrounding zoning or uses.
UNIQUE WILDLIFE HABITAT AREAAquatic and/or terrestrial communities that:
(1) Are composed of physical attributes and/or vegetation that are not common in the Town and that therefore support species or certain life functions of species that are not supported in other locations in the Town;
Are specific locations known to support endangered, threatened or rare species or communities; or
Serve as linkages to important habitats in adjoining areas.
VIEWSHEDAn area of land and/or water, and/or other environmental elements, that is visible from a fixed vantage point and may be of particular scenic or historic value deemed worthy of preservation against development or other change.
WETLANDSAn area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic (water-loving) vegetation and which has soils indicative of wet conditions.
WIS. ADM. CODEWisconsin Administrative Codes, including successor provisions to cited codes.
WIS. STATS.The Wisconsin Statutes, including successor provisions to cited statutes.
WOODLANDSAt least 10 acres of open stands of deciduous and/or coniferous trees with crowns not usually touching (generally forming 25% to 60% cover).