A.
Words and phrases not defined. Unless specifically defined in this
section, words and phrases used in this code shall be interpreted
so as to give them the meaning they have in common usage and to give
this code its most reasonable application.
B.
ADVISORY AGENCY
ALLEY
APPROVING AUTHORITY
(1)
(2)
(3)
(4)
ARTERIAL STREET
ARTIFICIAL OBSTRUCTION
BLOCK
BUILDING
BUILDING ENVELOPE
BUILDING SETBACK LINE
CERTIFIED SURVEY MAP (CSM)
COLLECTOR STREET
COMMON OPEN SPACE
COMMUNITY PARK
COMPREHENSIVE PLAN
CONDOMINIUM PLAT, MAJOR
CONDOMINIUM PLAT, MINOR
CORPORATE LIMIT
COUNTY
COUNTY PRIVATE SEWAGE SYSTEM ORDINANCE
COUNTY ZONING ORDINANCE
CSM
CUL-DE-SAC STREET
DEED RESTRICTION
DEVELOPMENT AGREEMENT
DRAINAGEWAY OBSTRUCTION
DWELLING UNIT
EXTRATERRITORIAL PLAT REVIEW AREA
FINAL PLAT
FINANCIAL GUARANTEE
FLAG LOT
FLOODLANDS
FRONTAGE
FRONTAGE STREET
GRADE
HIGH-WATER ELEVATION
HIGHWAY WIDTH MAP
IMPROVEMENT, PUBLIC
LAND DIVISION
LOT
LOT AREA
LOT, CORNER
LOT, FLAG
LOT, INTERIOR
LOT, LEGAL
LOT LINES
LOT OF RECORD
LOT, THROUGH
LOT WIDTH
MAINTENANCE AGREEMENT
MAJOR CONDOMINIUM PLAT
MAJOR LAND DIVISION
MAJOR STREET
MEAN SEA LEVEL DATUM
MINOR CONDOMINIUM PLAT
MINOR LAND DIVISION
MINOR STREET
NATIONAL MAP ACCURACY STANDARDS
NATURAL OBSTRUCTION
NAVIGABLE WATER BODY
NEIGHBORHOOD PARK
OBJECTING AUTHORITY
OFFICIAL MAP
OPEN SPACE LANDS
ORDINARY HIGH-WATER MARK (OHWM)
OUTLOT
PARCEL
PARKWAY or RECREATION CORRIDOR or TRAIL
PLANNING ADMINISTRATOR
PLANNING COMMISSION
PRELIMINARY PLAT
PUBLIC WAY
REPLAT
RESERVE STRIP
RESTRICTIVE COVENANT
SEASONAL HIGH-GROUNDWATER TABLE
SHORELAND AREA
SPITE STRIP
Words and phrases defined. For the purpose of this code, certain
words and phrases are defined below and shall have the meaning ascribed
to them, except where the context clearly indicates another meaning:
Any agency hereafter listed which can offer advice and recommendations
to the developer, an approving authority, and/or an objecting authority
with regard to any development project subject to the land division
regulations of this chapter. Such agencies include the Town Planning
Commission; any Town stormwater drainage district or sewer commission;
the Town Parks Committee; East Central Wisconsin Regional Planning
Commission; affected water, electric, or natural gas utilities; affected
school districts; or any other similar agency that can provide advice
or recommendations. (In contrast, see "approving authority" and "objecting
authority.")
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is a street.
Any of the following based on the circumstances relating
to the land division:
If within a municipality, the governing body, but if the plat
is within an area the annexation of which is being legally contested,
the governing bodies of both the annexing municipality and the town
from which the area has been annexed;
If within the extraterritorial plat approval jurisdiction of
a municipality, the Town Board; the governing body of the municipality
if, by July 1, 1958, or thereafter it adopts a subdivision ordinance
or an official map under § 62.23, Wis. Stats.; and the county
planning agency if such agency employs on a full-time basis a professional
engineer, a planner or other person charged with the duty of administering
zoning or other planning legislation;
If outside the extraterritorial plat approval jurisdiction of
a municipality, the Town Board and the county planning agency, if
there is one; and
If within the extraterritorial plat approval jurisdiction of
more than one municipality, the provisions of § 66.0105,
Wis. Stats., shall apply. [NOTE: See § 236.10(1), Wis. Stats.]
(In contrast, see "advisory agency" and "objecting authority.")
A street used or intended to be used primarily for through
traffic rather than for land access service. Arterials normally are
continuous routes and must be designed for higher peak hour or average
daily motor vehicle traffic volumes.
[Amended 6-15-2016; 7-20-2016 by Ord. No. 2016-02]
Any obstruction other than a natural obstruction that is
capable of reducing the carrying capacity of a stream or drainageway
or may accumulate debris and thereby reduce the carrying capacity
of a stream, such as fences, dams, planted trees and shrubs, and any
other obstructions resulting from human activity. (In contrast, see
"natural obstruction.")
A group of lots existing within well-defined and fixed boundaries,
usually being an area surrounded by streets or other physical barriers
and having an assigned number, letter, or other name through which
it may be identified.
Any structure built, used, designed or intended for the support,
shelter, protection, or enclosure of persons, animals, chattels, or
property of any kind, and which is permanently affixed to the land.
The area of a lot remaining after removal of:
A line parallel to a lot line and at a distance from the
lot line to comply with the Town/County Zoning Ordinance yard requirements.
A map prepared according to § 236.34, Wis. Stats., and Article V of this code.
A street used, or intended to be used, to carry traffic from
local streets to the system of arterial streets, including principal
entrance streets to residential developments.
Land within a development project that is permanently set
aside for the mutual benefit of all property owners within the development.
Such lands are generally undeveloped and may contain recreational
facilities.
An outdoor recreation site of between 10 and 40 acres in
size, serving several neighborhoods, generally containing more open
space and natural resource oriented areas than standard neighborhood
parks. Recreational activities include baseball and softball, tennis,
basketball, picnicking, swimming and various recreational trails.
Community parks serve people of all ages and have an effective service
radius up to three miles. (In contrast, see "neighborhood park.")
The document adopted by the Town Board consistent with § 66.1001,
Wis. Stats.
Condominiums in which land is allocated into parcels or building
sites, whether the individual portions of land are defined as "units"
or "limited common elements," if five or more parcels or building
sites of five acres or smaller in size are created within any five-year
period from a lot parcel or tract which existed on the effective date
of this chapter. (In contrast, see "condominium plat, minor.")
Condominiums in which land is allocated into parcels or building
sites, whether the individual portions of land are defined as "units"
or "limited common elements," if one but not more than four parcels
or building sites of five acres or smaller in size are created within
any five-year period from a lot parcel or tract which existed on the
effective date of this chapter. (In contrast, see "condominium plat,
major.")
The municipal boundary of the Town of Algoma.
Winnebago County, Wisconsin, including any agency, department,
or committee thereof.
The Winnebago County Private Sewage System Ordinance which
is included as Chapter 16 of the Winnebago County General Code.
The Winnebago County Town/County Zoning Ordinance which is
included in the Winnebago County General Code.
An acronym for certified survey map.
A minor or local street closed at one end with a turnaround
provided for vehicular traffic.
A restriction on the use of land that is recorded in the
office of the Register of Deeds. A deed restriction may run with the
land or run for a specified time period.
A contract between a developer and a municipality that describes
the obligations of both parties regarding a private development project.
An artificial or natural obstruction of a drainageway.
Any room or group of rooms forming a single habitable unit
with facilities that are used or intended to be used for living, sleeping,
cooking and eating.
The unincorporated area within 1.5 miles of a fourth class
city or a village and within three miles of all other cities, over
which cities and villages may exercise plat approval, provided they
have enacted an official map ordinance or subdivision control ordinance
consistent with § 236.10, Wis. Stats.
The map of a subdivision which has been surveyed and prepared to show the location of all lots, blocks, outlots, rights-of-way, easements, and other features along with any other information required under Article V.
A performance bond, maintenance bond, surety bond, irrevocable
letter of credit, or similar guarantee that a developer submits to
the Town to ensure the completion of an obligation relating to a development
project.
See "lot, flag."
Those lands, including the floodplains, floodways and channels
and flood-fringe, subject to inundation by the one-hundred-year recurrence
interval flood or, where such data is not available, the maximum flood
of record. [See studies by the Natural Resources Conservation Service,
Federal Emergency Management Agency (FEMA) and East Central Wisconsin
Regional Planning Commission.][1]
The total dimension of the front property line of a lot abutting
a public street measured along the street right-of-way line.
A local or minor street auxiliary to and located on the side
of an arterial street for access and for utility service to the abutting
development.
The slope of a road, street, or other public way, expressed
as a percent.
See "ordinary high-water mark."
A map adopted by Winnebago County pursuant to § 66.1031,
Wis. Stats.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrian way, bicycle
way, trail, planting strip, or other facility for which the local
municipality may ultimately assume the responsibility for maintenance
and operation.
The act or process of dividing land into two or more parcels
by any means.
A contiguous parcel of land having frontage on a public street,
or approved access thereto, occupied or intended to be occupied by
a principal structure or use and sufficient in size to meet the lot
width, lot frontage, lot area, yard, parking area and other open space
provisions, sanitary and other requirements.
The total square footage lying within the peripheral boundaries
of a parcel of land. In any zoning jurisdiction, the area of a lot
specifically excludes the right-of-way of a public or private street
and areas of navigable water.
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 which has a narrow strip of land that extends from
the main part of the lot where a building could be lawfully constructed
to the street.
A lot that abuts only one street.
A unit of land existing under a single ownership which complies
with the applicable basic district standards for the zoning district
in which such lot is situated or meets the definition of a "lot of
record" of this chapter, which is provided with the minimum frontage
upon a public road, and which complies with all applicable subdivision
laws and ordinances.[2]
The peripheral boundaries of a parcel of land.
A lot legally created and recorded in the Winnebago County
Register of Deeds office prior to the effective date of this chapter
meeting applicable prior Town ordinances as well as state and county
zoning and subdivision laws and ordinances now in effect.
A lot having frontage on two streets that are more or less
parallel to one another.
The width of a lot as defined in applicable zoning regulations.
A legal document that is filed with the Winnebago County
Register of Deeds as a property deed restriction that provides for
the long-term maintenance of specified infrastructure.
See "condominium plat, major."
The creation of five or more parcels or building sites of
one acre or larger (unsewered) in size by successive divisions within
a period of five years. (In contrast, see "minor land division.")
Arterial and collector roads primarily intended for through
traffic with a secondary function for direct access.
Sea level datum, 1929 adjustment, as established by the United
States Coast and Geodetic Survey.
See "condominium plat, minor."
The creation of one but not more than four parcels or building
sites which divide land into a parcel or parcels of five acres or
smaller in size. Minor land divisions shall be created by certified
survey maps. Not more than four parcels may be created by means of
minor land division procedures within any five-year period from a
lot, parcel, or tract which existed on the effective date of this
code. (In contrast, see "major land division.")
A street used or intended to be used primarily for access
to abutting properties.
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.
Includes any rock, tree, gravel, or analogous natural matter
that is an obstruction and has been located within the stream or drainageway
by a nonhuman cause. (In contrast, see "artificial obstruction.")
Any water body capable of floating a boat, skiff, or canoe
of the shallowest draft used for recreational purposes. The final
determination shall be made by the Wisconsin Department of Natural
Resources.
A neighborhood park provides space and facilities primarily
for active and intensive recreational activities such as softball,
tennis and basketball. Recreational activities are primarily nonresource
oriented and available for all ages within a given neighborhood. An
ideal neighborhood park site is scenic, containing some natural resource
areas for passive recreation. A neighborhood park site is usually
located a maximum of 1/2 to 3/4 mile from its primary users. Suggested
minimum size is one acre. (In contrast, see "community park.")
An agency empowered to object to a subdivision plat pursuant
to Ch. 236, Wis. Stats. "Objecting authorities" include the Wisconsin
Department of Administration (DOA) and the Wisconsin Department of
Transportation (DOT). (In contrast, see "advisory agency" and "approving
authority.")[3]
The map adopted by the Town Board pursuant to § 62.23(6),
Wis. Stats, which depicts the location of existing and proposed public
streets, drainageways, parkways, park and recreation sites, and other
features.
Those lands that are undeveloped or that are not used for
buildings or structures, transportation, communication or utility
facilities, or any other type of stationary or fixed development,
so as to be both physically and psychologically open in relation to
other adjacent land uses. Undeveloped woodlands, wetlands, marshes,
prairies, wildlife habitat areas, agricultural lands, lakes, rivers,
streams and their associated shoreland and floodlands are examples
of open space lands. Other types of open space lands include parks,
trails, parkways and golf courses.
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
characteristic. Where the bank or shore of any particular place is
of such character that it is difficult or impossible to ascertain
where the point of ordinary high-water mark is, recourse may be had
to the opposite bank of a stream or to other places on the shore of
a lake or flowage to determine whether a given stage of water is above
or below the ordinary high-water mark.
A parcel of land, so designated on a subdivision plat or
certified survey map, that is generally unbuildable and created for
a specific purpose, but which may be buildable if public sewer is
made available after the plat or certified survey map has been recorded,
or to transfer the land to a private conservation organization. An
outlot, for example, may be created to accommodate stormwater management
facilities, for parks or common open space, if a lot fails to meet
requirements for an on-site wastewater treatment system.[4]
Lot created by a division of land. A parcel(s) which is owned,
controlled, or managed as a single entity shall be treated as a single
tract, unless separated by a public road and navigable and nonnavigable
waters. A parcel is created as of the date the subdivision plat or
certified survey map describing such parcel is recorded with the Register
of Deeds office.
A network of linear, elongated lands that are primarily natural
resource oriented, often being closely associated with the elements
of the natural resource base that comprise environmental corridors.
A parkway or recreation corridor primarily accommodates trail-oriented
recreation, such as hiking, nature study, biking, and cross-country
skiing. Parkways or recreation corridors often function as physical
links between existing and proposed parks and open space sites.
The person designated by the Town Board to perform certain
administrative functions relating to this code.
The Town of Algoma Planning Commission established by the
Town Board pursuant to state requirements.
A map showing all required information of a proposed subdivision
submitted for purpose of official consideration, as regulated by Ch.
236, Wis. Stats., and this code. Under this code, such a map can also
be provided for divisions other than subdivisions.
Any public road, street, highway, walkway, drainageway or
part thereof.
The process of changing the map or plat which changes the
boundaries of a recorded subdivision plat or part thereof. The legal
dividing of a large block, lot, or outlot within a recorded subdivision
plat without changing exterior boundaries of that block, lot, or outlot
is not a replat. (See § 236.36, Wis. Stats.)
A strip of land, also called a "spite strip," intended by
one property owner to prevent another owner access to the street.
See "deed restriction."
The upper limit of the zone of saturation caused by underlying
groundwater at its highest level.
Land within 1,000 feet of the ordinary high-water mark of
a navigable lake, pond, or flowage or within 300 feet of the ordinary
high-water mark of a navigable river or stream or to the landward
side of a floodplain, whichever distance is greater.
See "reserve strip."
