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:
ALLEY
A special public way affording only secondary access to abutting
properties.
ARTERIAL STREET
A street used or intended to be used primarily for fast or
heavy through traffic. "Arterial street" shall include freeways and
expressways as well as standard arterial streets, highways and parkways.
BLOCK
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.
BUILDING LINE
A line parallel to a lot line and at a distance from the
lot line to comply with the terms of this chapter.
COLLECTOR STREET
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.
COMMUNITY
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic or physical interests.
COMPREHENSIVE PLAN
The extensively developed plan, also called a "Master Plan,"
adopted by the Village Plan Commission and certified to the Village
pursuant to §§ 61.35 and 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 map, land division, and building
line ordinances and capital improvement programs, shall also be considered
a part of the Comprehensive Plan.
CUL-DE-SAC
A local street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION
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.
FINAL PLAT
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.
FLOODLANDS
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.
FRONTAGE STREET
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.
HIGH GROUNDWATER ELEVATION
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 dryer 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.
HIGH-WATER ELEVATION (SURFACE WATER)
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.
IRREVOCABLE LETTER OF CREDIT
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 financial
standing acceptable to the Village, and which is approved, as to form,
by the Village Attorney.
LOT
A parcel of land of at least sufficient size to meet minimum zoning requirements for use, width, and area as set forth in Chapter
270, Zoning, of the Code of the Village of Belgium.
LOT, CORNER
A lot abutting two or more streets at their intersection,
provided that the corner of such intersection shall have an angle
of 135º or less, measured on the lot side.
LOT, DOUBLE FRONTAGE
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.
MINOR LAND DIVISION
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 not more than two parcels or building
sites, any one of which is less than 10 acres in size, or the division
of a block, lot or outlot within a recorded subdivision plat into
not more than two 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.
MINOR STREET
A street used or intended to be used primarily for access
to abutting properties.
NATIONAL MAP ACCURACY STANDARDS
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.
NAVIGABLE WATER
Lake Michigan, Lake Superior, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages, and other waters
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)]
OUTLOT
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.
PRELIMINARY PLAT
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.
PUBLIC WAY
Any public road, street, highway, walkway, drainageway, or
part thereof.
REPLAT
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.
SHORELANDS
Those lands in the unincorporated areas of Ozaukee 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.
SLOPE
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
SOIL MAPPING UNIT
Soil type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the United States
Soil Conservation Service.
SUBDIVIDER
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision
or replat.
SUBDIVIDER'S AGREEMENT
An agreement by which the Village and the subdivider agree
in reasonable detail as to all of those matters which the provisions
of this chapter 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.
SUBDIVISION
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 three or
more parcels or building sites of 1 1/2 acres each or less in
area or where the act of division creates three 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.
SURETY BOND
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the subdivider.
WETLAND
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.
WISCONSIN ADMINISTRATIVE CODE
The rules of administrative agencies having rulemaking 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.