In this chapter, the following definitions shall apply:
AGRICULTURAL USEAs provided in § 91.01(1), Wis. Stats., beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint, and seed crops; raising of fruits, nuts, and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 U.S.C. §§ 3831 to 3836; participating in the milk conservation reserve program under 7 U.S.C. § 1446(d); and vegetable raising.
ALLEYA public right-of-way which normally affords a secondary means of vehicular access to abutting property.
ARTERIAL STREETA street which provides for the movement of relatively heavy traffic to, from or within the Town. It has a secondary function of providing access to abutting land.
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 or water bodies.
CERTIFIED SURVEY or CERTIFIED SURVEY MAPA certified survey with the map of a minor land division of less than or equal to four lots prepared in accordance with § 236.34, Wis. Stats., and in full compliance with the applicable provisions of this chapter. A certified survey map has the same legal force and effect as a land division plat. All minor land divisions of less than or equal to four lots require a certified survey map by a registered land surveyor.
[Amended 5-1-2013 by Ord. No. 2013-6]
Development from a land division in which dwellings and other buildings are grouped densely on only a portion of a development parcel, in contrast to conventional practice, which distributes development evenly across the entirety of a parcel, in order to accomplish any of the following:
A. Preserve by deed restriction, including conservation or open space easements, restrictive covenant and development rights transfers, the majority of the land division parcel for present or future agricultural use or conservation; and
Create, maintain, or expand protective barriers contiguous with lakes, wetlands, and other natural resources in the Town of Cedarburg.
COLLECTOR STREETA street which collects and distributes internal traffic within an urban area, such as a residential neighborhood, between arterial and local streets. It provides access to abutting property.
COMMISSIONThe Plan Commission created by the Town Board pursuant to § 62.23, Wis. Stats.
COMPREHENSIVE DEVELOPMENT PLANA comprehensive plan prepared by the Town indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the Town, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONCEPT PLANA conceptual layout of a proposed development on a topographic map, which is submitted for formal review.
CONDOMINIUMA building or a group of buildings in which units are owned individually and the building common areas and facilities are owned by all owners on a proportional, undivided basis. A condominium is a legal form of ownership 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 limitation or affirmative obligation, the purpose of which includes retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in § 157.70(1)(b), Wis. Stats., or preserving the historical, architectural, archaeological or cultural aspects of real property.
CONSERVATION SUBDIVISIONA housing development land division in a rural setting that is characterized by compact lots and common open space and where the natural features of land are maintained to the greatest extent possible.
CUL-DE-SACA street having but one end open to traffic and the other end being permanently terminated in a vehicular turnaround.
DEED RESTRICTIONA restriction on the use of a property set forth in a deed or other instrument of conveyance, including but not limited to a restrictive covenant, conservation easement, transfer of development rights, or any restriction placed on undeveloped land as a condition for the division or development of the undeveloped land.
DEVELOPER'S AGREEMENTAn agreement by which the local municipality and the subdivider agree in reasonable detail to all of those matters which the provisions of these regulations permit to be covered by the developer's agreement. The developer's agreement shall not take effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the local municipality.
DIVISION OF LANDWhere the title or any part thereof is transferred by the execution of a land contract, an option to purchase, an offer to purchase and acceptance, a deed, or a certified survey, and a division occurs where any of the above transactions change the title from a joint tenancy to a tenancy in common or from a tenancy in common to joint tenancy.
EASEMENTThe 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.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTIONThe unincorporated area within 1 1/2 miles of a fourth-class city or a village and within three miles of all other cities, where a city or village has adopted a comprehensive zoning plan.
FINAL PLATA map prepared in accordance with requirements of Ch. 236, Wis. Stats., and this chapter for the purpose of precisely dividing larger parcels into lots and used in conveying these lots.
FRONTAGE STREETA minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.
LAND DIVIDERAny person, partnership, corporation, or other legal entity that has an ownership or other legal interest in the subject land that is being divided or is proposed to be divided, resulting in a land division.
LAND DIVISIONThe division of a lot, outlot, parcel, or tract of land by the owner of the land, or the owner's agent, for the purpose of sale or for development when the act of division creates two or more parcels or building sites, inclusive of the original remnant parcel, by a division or by successive divisions of any part of the original property within a period of five years, including any land division by or for a major subdivision, conservation subdivision, cluster development, major or minor land division, replat, and certified survey map, and any other land division. No residual parcel resulting from any division of land shall be permitted.
LAND USE PLANThe Town of Cedarburg Comprehensive Land Use Plan, concerning issues of land use in the Town, adopted by the Town of Cedarburg, including any subsequent amendment, but does not include any Town comprehensive plan adopted under § 66.1001, Wis. Stats.
LOCAL STREETA street of little or no continuity designed to provide access to abutting property and leading into collector streets.
LOTA parcel of not less than the minimum lot size for the appropriate zone as established by the Zoning Code, which is created by a land division, with the designated parcel, tract, or area of land established by land division plat, certified survey map, or as otherwise permitted by law to be conveyed, used, developed, or built upon as a unit.
LOT AREAThe area contained within the exterior boundaries of a lot, excluding streets, easements and land under navigable bodies of water.
LOT, CORNERA lot abutting intersecting streets at their intersection.
LOT LINESThe peripheral boundaries of a lot as defined herein.
LOT, REVERSED CORNERA corner lot which is oriented so that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.
LOT, THROUGHA lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT WIDTHThe width of a parcel of land measured along the front building line.
MAJOR SUBDIVISIONThe division of a lot, as defined by § 236.02(12), Wis. Stats., by the owner, subdivider, or his successor in title, for the purpose of transfer of ownership or building development, where the division creates five lots or more greater than one acre in five years.
[Amended 5-1-2013 by Ord. No. 2013-6]
A street used or intended to be used primarily for fast or heavy through traffic. Major thoroughfares shall include freeways, expressways and other highways and parkways, as well as arterial streets.
MARGINAL ACCESS STREETA street which is parallel to and adjacent to major thoroughfares and which provides access to abutting properties and protection from traffic on the major street.
MASTER PLANThe plan, concerning issues of land in the Town, adopted pursuant to § 62.23, Wis. Stats.
MINOR LAND DIVISIONAny division of land other than a major subdivision as defined herein of not more than four parcels. Any residual parcel resulting from any division of land shall be included in the minor land division. The minimum land division under this chapter shall comply with the standard design and improvement requirements in §
184-13 and the minor land division requirements in §
184-12.
A street used, or intended to be used, primarily for access to abutting properties.
MINOR SUBDIVISIONThe division of land by the owner or subdivider resulting in the creation of not more than four parcels or building sites.
NATURAL RESOURCESAir, land, water, groundwater, drinking water supplies, wildlife, fish, biota, and other such resources belonging to, managed by, appertaining to, or otherwise controlled by the United States, State of Wisconsin, or the Town.
NAVIGABLE WATERSAny body of water which is navigable under the laws of the state.
OUTLOTA parcel of land other than a lot or block so designated on a land division plat or certified survey map.
OWNERIncludes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these.
PARCELContiguous lands under the control of a land divider not separated by streets, highways, navigable rivers, or railroad rights-of-way.
PEDESTRIAN PATHWAYA public way, usually running at right angles to streets, which is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
PLATThe map, drawing or chart on which the subdivider's plat of subdivision is presented to the Town for approval.
PRELIMINARY PLATThe preliminary plat map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Plan Commission/Town Board for their consideration as to compliance with the Comprehensive Development Plan and these regulations along with required supporting data.
PROTECTIVE COVENANTSContracts entered into between private parties which constitute a restriction on the use of all private property within a subdivision for the benefit of the property owners and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
PUBLIC IMPROVEMENTAny sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, sidewalk, pedestrianway, planting strip or other facility for which the Town may ultimately assume the responsibility for maintenance and operation.
REPLATThe process of changing the map or plat which changes the boundaries of a recorded major subdivision plat, minor land division, certified survey map, or other land division or part thereof. The division of a large block, lot, or outlot within a recorded subdivision plat or certified survey which changes the exterior boundaries of said lot, block, or outlot is a replat.
RESTRICTIVE COVENANTA deed restriction on the use of the land usually set forth in the deed. A restrictive covenant runs with the land and is binding upon subsequent owners of the property.
SHORELANDSThose lands 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.
SUBDIVIDERAny person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor subdivision or replat.
SUBDIVISIONThe division of a lot, outlot, parcel, or tract of land by the owner thereof or his agent 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 1/2 acres or less in area, or where the act of division creates five or more parcels or building sites of 1 1/2 acres each or less by successive division within a period of five years, whether done by the original owner or a successor owner.
TOWNThe Town of Cedarburg, Ozaukee, County, Wisconsin.
TOWN BOARDThe Board of Supervisors for the Town of Cedarburg, Ozaukee County, Wisconsin, and includes designees of the Board authorized to act for the Board.
TOWN CLERKThe Clerk of the Town of Cedarburg, Ozaukee County, Wisconsin.
TOWN PLAN COMMISSIONThe Town of Cedarburg Plan Commission appointed by the Town Chair of the Town of Cedarburg, Ozaukee County, Wisconsin.
WETLANDAn area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophitic vegetation and that has soils indicative of wet conditions.
WISCONSIN ADMINISTRATIVE CODEThe 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.
WIS. STATS.The Wisconsin Statutes, including successor provisions to cited statutes.