For the purposes of this chapter, the words or phrases defined in § 395-101 of this chapter shall have the definitions stated therein. Words or phrases that are not defined shall have their common, ordinary meaning unless a particular meaning is clearly suggested by the context in which they appear. Additionally, as used in this chapter, the word "shall" is mandatory, and the word "may" is permissive. Singular words generally include the plural and vice versa. Words of a particular gender generally include all genders.
As used in this chapter, the following terms
shall have the meanings indicated:
Any authority or agency, other than an approving or objecting
authority, to which a plat or certified survey map may be submitted
for review and comment. An advisory authority may give advice to the
Village Board, but suggestions made by an advisory authority are not
binding.
A public way not designed for general travel and affording
only secondary access to the abutting properties.
The Village Board's final approval of a final plat, certified
survey map, or development plan or the final approval of such final
plat, certified survey map, or development plan by any other approving
authority, whichever occurs last.
Each governmental body having authority to approve or reject
a particular plat or certified survey map. The approving authorities
with respect to subdivision plats are set out in § 236.10,
Wis. Stats.
A street or highway used or intended to be used primarily
for fast or heavy through traffic. Arterial streets include freeways
and expressways, as well as standard arterial streets, highway and
parkways.
A lot on which a principal building to be utilized for one
or more uses can be lawfully constructed.
A final scaled map prepared in accordance with § 236.34,
Wis. Stats., and applicable provisions of this chapter for the purpose
of dividing land into not more that four lots and which depicts a
land division resulting in not more than four lots. A certified survey
map approved by the Village Board in accordance with the provision
of this chapter is the only means by which a minor land division can
be legally created or accomplished.
A street designed or used to carry traffic from a minor street
to an arterial street.
Each ordinance, plan, study, standard, agreement or other
document duly adopted or approved by the Village Board or the Village
Plan Commission of the Village of Pleasant Prairie which relates to
the regulation of or the planning for land use or development, or
to the provision of public improvements or services, within the Village
or its extraterritorial jurisdiction area.
Property subject to a condominium declaration.
A structure which, before the recording of a condominium
declaration, was wholly or partially occupied by persons other than
those who have contracted for the purchase of condominium units and
those who occupy with the consent of the purchasers.
The owner who subjects property to a condominium declaration.
The instrument by which property becomes subject to Ch. 703,
Wis. Stats. The condominium declaration relating to any condominium,
other than to a conversion condominium or a condominium involving
a maximum of one principal building per lot or parcel, must be approved
by the Village Board pursuant to this chapter.
The declaration, plats and plans of a condominium, together
with any attached exhibits or schedules.
A part of a condominium intended for any type of independent
use, including one or more cubicles of air at one or more levels of
space or one or more rooms of enclosed spaces located on one or more
floors (or parts thereof) in a building. A unit may include two or
more noncontiguous areas.
A minor street having only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
The grant and conveyance of a geographically defined interest
in land which is identified on a plat or certified survey map as being
the subject of a dedication, grant and conveyance to the Village or
some other entity, usually for public improvements, facilities or
uses; the act of making such a dedication.
The grant and conveyance to the Village of completed public
improvements in a land division by the divider; the act of making
such a dedication.
Any person(s), partnership, corporation or agency who or
which is financially responsible for the construction of public and/or
private infrastructure improvements which will serve the eventual
construction of new buildings, structures, or other urban land uses.
An agreement entered into by and between a divider/developer
and the Village with respect to any approved land division which provides,
among other things, for the design, construction and installation
of required public improvements, the payment for such public improvements,
dedication of land or interests in land and completed public improvements,
acceptance of the dedication of public improvements, restrictive covenants
running with the land or other matters relating to the land division,
to development and use of land included in the land division or to
the administration and enforcement of the agreement.
A set of plans, including the neighborhood sketch plans,
conceptual plans, and the site and operational plans, prepared by
the developer, his engineer or representatives and approved by the
Village. The plans are prepared for the purpose of promoting compatible
development which stabilizes property values, prevents impairment
or depreciation of property values, and promotes and protects the
health, safety, and welfare of the community.
Any person who divides, conveys or seeks to divide or convey
land or an interest in land in such a way that a land division results.
A paved vehicular access route, the elevation of which is
above the 100-year flood elevation, which is wide enough for wheeled
fire, rescue and relief vehicles or other Village Public Works vehicles
as determined by the Village and which connects land located in the
floodplain to land outside the floodplain.
[Added 8-3-2020 by Ord. No. 20-22]
On a nonmountable curb, the vertical portion of the curb
facing the roadway pavement. On a mountable curb, the curb face is
located six inches from the back of the curb in the direction of the
roadway pavement.
A final scaled map prepared in accordance with the requirements
of Ch. 236, Wis. Stats., and applicable provisions of this chapter
for the purpose of dividing land into five of more lots and which
depicts a land division (either a subdivision or a large lot subdivision)
resulting in five or more lots. A final plat approved by the Village
Board in accordance with the provisions of this chapter is the only
means by which a subdivision or large lot subdivision can be legally
created or accomplished.
Those lands, including the floodway and flood-fringe areas,
which are subject to inundation by the one-hundred-year recurrence
interval flood or, where such data is not available, by the maximum
flood of record.
A minor or collector street which is auxiliary and generally
parallel to an arterial street and which is used to control access
to the arterial street and to serve the abutting properties.
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.
An irrevocable agreement, entered into by a bank, savings
and loan association or other financial institution authorized to
do business in the State of Wisconsin and having a financial standing
acceptable to the Village, which secures a divider's obligation to
pay the cost of designing, constructing and installing require public
improvements and certain other obligations in connection with an approved
land division. The letter of credit functions similarly to a line
of credit in that it is the primary source of funding for the public
improvements. All financial administrative processing of the letter
of credit is verified through the Village following inspections prior
to approval and authorization of payments. The Village shall authorize
reductions in the letter of credit upon presentment of payment requests,
verification of quantities, inspections, and the verification that
all conditions of the development agreement and this chapter are satisfied.
The Village Board authorizes reductions and payments to the financial
institutions for work performed at regularly scheduled meetings.
An irrevocable agreement, entered into by a bank, savings
and loan association or other financial institution authorized to
do business in the State of Wisconsin and having a financial standing
acceptable to the Village, which secures a divider's obligation to
pay the cost of designing, constructing and installing required public
improvements and certain other obligations in connection with an approved
land division. The standby letter of credit functions as a backup
or in addition to the line of credit that a divider/developer is using
to pay for the public improvements. The standby letter of credit shall
be reduced or released upon verification of quantities and Village
inspections and the Village Board's full acceptance of a classification
of public improvements.
The departmental agency of county government in Kenosha County
having preliminary and final plat review and approval authority.
Any division or conveyance of land or of an interest in land
that results in the creation of one or more additional lots or parcels,
including, without limitation, any subdivision, large lot subdivision
or minor land division. Notwithstanding the foregoing definition,
the creation of any condominium, other than a conversion condominium
or condominium involving a maximum of one principal building per lot
or parcel, shall be deemed to be a land division. A land division
can be legally created or accomplished only by means of a preliminary
and final plat approved by the Village Board or, in the case of a
condominium, by means of condominium instruments approved by the Village
Board in accordance with the provisions of this chapter.
Any land division resulting in five or more lots, fewer than
five of which are each 1 1/2 acres or less in area. A large lot subdivision
can be legally created or accomplished only by means of a preliminary
plat and final plat approved by the Village Board in accordance with
the provisions of this chapter.
Any parcel or land with geographically defined boundaries
that is created by or results from a land division. For purposes of
this chapter, a lot can result from a division or conveyance of a
geographically defined interest in land less than a fee simple absolute.
A lot abutting two street at their intersection, provided that the corner of such intersection
shall have an angle of 135° or less, measured on the street right-of-way
lines. (See illustration.)[1]
A lot, other than a corner lot, with frontage on more than
one street. Double frontage lots will normally be deemed to have two
front yards, two side yards and no rear yard. Double frontage lots
are generally not permitted unless that lot abuts an arterial street.
If a double frontage lot abuts an arterial street, direct access to
the arterial street is restricted by means of a planting buffer or
some other acceptable measure. (See illustration.)[2]
A lot which is without street frontage for much of its width
and which has access to a public street only by virtue of a narrow
leg or "flagstaff" where the driveway is usually located. Flag lots
resemble the shape of a flag and flagstaff. (See illustration.)[3] The creation of flag lots is prohibited.
Any land division resulting in fewer than five lots. A minor
land division can be legally created or accomplished only be means
of a certified survey map approved by the Village Board in accordance
with the provisions of this chapter.
A street used or intended to be used primarily for access
to abutting properties.
An incorporated village or city.
Elevations referenced to mean sea level datum, 1988 adjustment.
The data conversion factor from NGVD29 to NAVD88 in Kenosha County
is -0.3 foot (0.0 feet NGVD29 = -0. 3 feet NAVD88).
[Added 8-3-2020 by Ord. No. 20-22]
Any stream capable of floating any boat, skiff or canoe of
the shallowest draft used for recreational purposes on a regularly
recurring basis or for a duration sufficient to make it conducive
to recreational uses.
Lake Michigan, all natural inland lakes, all streams, ponds,
sloughs, and flowages and any other surface waters within the territorial
limits of the State of Wisconsin which are navigable in fact by a
recreation craft of the shallowest draft on a regularly recurring
basis or for a duration sufficient to make them conducive to recreational
uses.
Elevations referenced to mean sea level datum, 1929 adjustment,
to which elevations are referenced. The data conversion factor from
NGVD29 to NAVD88 in Kenosha County is -0.3 foot (0.0 feet NGVD29 =
-0.3 foot NAVD88).
[Added 8-3-2020 by Ord. No. 20-22]
An agency empowered to object to a subdivision plat pursuant
to §§ 236.12 and 236.13, Wis. Stats. The Village Board
may not finally approve any subdivision plat with respect to which
a timely objection by an objecting authority has been certified until
such objection has been satisfied.
The line on the bank or shore up to which the presence and
action of the water are so continuous as to leave a distinct mark,
either by erosion, destruction of terrestrial vegetation, or other
easily recognized characteristic.
A parcel of land, other than a buildable lot or a block,
which is designated as such on a plat or certified survey map.
In the context of a public hearing on an application for
a permit or approval under or contemplated by this chapter, the applicant(s),
the owner(s) of the subject lot or site, the owner(s) of any real
property that abuts the subject lot or site, the owner(s) of any real
property that is opposite the subject lot or site, and the owner(s)
of any other real property located within 300 feet of the subject
lot or site.[4]
[Added 8-3-2020 by Ord. No. 20-22]
Any individual, corporation, partnership, association, trust,
body politic or corporate or any other legal entity.
A planned development district as referenced in this chapter refers to a Planned Unit Development Overlay District or Planned Development Zoning District pursuant to Chapter 420 of the Village Municipal Code.
[Added 7-10-2023 by Ord. No. 23-29]
A preliminary scaled map prepared in accordance with the
requirements of Ch. 236, Wis. Stats., and applicable provisions of
this chapter for the purpose of dividing land into five or more lots
and which depicts a land division (whether a subdivision or a large
lot subdivision) resulting in five or more lots. A preliminary plat
approved by the Village Board in accordance with the provisions of
this chapter is a necessary precondition to the filing of a final
plat.
Any infrastructure improvements required for the development
of property, such as but not limited to sanitary sewer main and related
appurtenances, lift stations, water main and related appurtenances,
storm sewer main and related appurtenances, grading and drainage work,
roadway, curb and gutter, street signage, street trees and plantings,
and streetlights, which are not intended to be municipally owned and
maintained.
Any municipal infrastructure improvements required by the
Village Board for the development of property, such as but not limited
to sanitary sewer and related appurtenances, lift stations, water
and related appurtenances, storm sewer and related appurtenances,
roadway, curb and gutter, street signage, street trees and plantings,
and streetlights, which are intended to be municipally owned and maintained.
Any public street, highway, walkway, drainageway or any part
thereof.
A geographically defined area of land or interest in land
identified on a plat or certified survey map as having been temporarily
set aside for possible future acquisition for public improvements,
facilities or uses. Such a reservation does not imply public ownership.
Rather, it signifies a temporary rejection of the proposed land division
and development of the reserved area because the proposal is inconsistent
with a proposed public use which is the subject of active consideration
and planning.
The paved portion of a public street.
The area within 1,000 feet from the ordinary high-water mark
of a lake, pond or flowage, or the area within 300 feet from the ordinary
high-water mark of a river or stream (or the area within the floodplain),
whichever is greater.
Any land division resulting in five or more lots, at least
five of which are each 1 1/2 acres or less in area, or any series
of successive land divisions resulting in five or more lots being
created from the same parcel of land within a period of five years,
at least five of which are each 1 1/2 acres or less in area. A subdivision
can be legally created or accomplished only by means of a preliminary
and final plat approved by the Village Board in accordance with the
provisions of this chapter.
The incorporated municipality of Pleasant Prairie, Wisconsin.
Those areas 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.
