For the purpose of this chapter, certain words
and phrases used therein are defined as follows:
The area of the total parcel minus any primary conservation
areas.
The Town of Buchanan employee with the official title of
Administrator or his/her designee.
[Amended 11-10-2016 by Res. No. 2016-05]
A public or private right-of-way which provides secondary
access to abutting properties.
As 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.
The subdivider or subdivider's or developer's agent.
A street used or intended to be used primarily for fast or
heavy through traffic. Arterial streets shall include freeways and
expressways, as well as standard arterial streets, highways and parkways.
A group of parcels 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.
An area of land within the boundaries of a parcel or site,
generally adjacent to and parallel with the property line, either
consisting of natural existing vegetation or using trees, shrubs,
fences and/or berms, designed to limit continuously the view and/or
sound from the parcel or site to adjacent parcels or sites. Bufferyards
are typically defined by a delineated easement graphically indicated
on the face of the certified survey map or subdivision plat.
A structure having a roof supported by columns or wall. When
separated by division walls from the ground up and without openings,
each portion of each building shall be deemed a separate building.
A map of a minor land division prepared in accordance with
§ 236.34, Wis. Stats., and in full compliance with the applicable
provisions of this chapter.
A street used or intended to be used to carry traffic from
minor streets to the major system of arterial streets, including principal
entrance streets to residential developments.
The common facilities in a condominium.
All the real property and improvements set aside for the
common use and enjoyment of the residents of a cluster development,
including, but not limited to, buildings, open space, private streets,
parking areas, walkways, recreation area, drainage easements, and
any utilities that service more than one unit, such as sewerage and
well facilities.
Undeveloped land within a conservation design subdivision
that has been designated, dedicated, reserved or restricted in perpetuity
from further development and is set aside for the use and enjoyment
by residents of the development. Common open space shall not be part
of individual residential parcels and shall be substantially free
of structures but may contain such recreational facilities for residents
as are shown on the approved development plan.
The official guide for the physical, social and economic
growth of a municipality, properly enacted or adopted according to
statute, which is now or may hereafter be in effect.
Approval of a land division subject to the land division
meeting certain requirements as determined by the Plan Commission.
A form of ownership combining individual unit ownership with
shared use and ownership of common property or facilities, established
in accordance with the requirement of Ch. 703, Wis. Stats. Common
areas and facilities are owned by all members of the condominium association
on a proportional, undivided basis. A condominium is a legal form
of ownership and not a specific building type or style.
A legal agreement outlining the management of the common
open space.
An association, whose members consist of owners of units
in a condominium, which administers and maintains the common property
and common elements of a condominium.
The primary conservation areas are those areas that are automatically
set aside when determining open space for conservation development
subdivisions. The following are areas of primary conservation: all
lands located within existing street rights-of-way, all lands located
within existing utility and railway rights-of-way, all lands located
within floodplain, all lands located within wetlands, all slopes of
12% or greater.
Those areas identified in, but not limited to, § 460-36 of this chapter.
The grant of a property right or interest from the property
owner to another person, agency, unit of government, or organization
stipulating that the described land shall remain in its natural, scenic,
open or wooded state, precluding future or additional development.
A subdivision where open space is the central organizing
element of the subdivision design and that identifies and permanently
protects all primary conservation areas and all or some of the secondary
conservation areas within the boundaries of the subdivision and retains
a minimum of 40% of the adjusted tract area as protected open space.
Reference to "County" shall mean Outagamie County and shall
include any agency, department or committee thereof.
A minor street with only one outlet and having a turnaround
for the safe and convenient reversal of traffic movement.
A street having only one outlet for vehicular traffic and
no vehicular turnaround.
A 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.
A man-made or natural depression below the surrounding grade
level designed to collect surface and/or subsurface water so that
it might impede its flow and to gradually release the same at a rate
not greater than that prior to the development of the property into
natural or man-made outlets (i.e., storm sewer, culvert or stream).
Any man-made changes to improved or unimproved real estate,
including, but not limited to, construction of or addition or substantial
improvements to buildings, other structures or accessory uses; mining,
dredging, filling, grading, paving, excavation or drilling operations,
or disposition of materials.
An agreement by which the Town 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
and which shall not take effect unless and until an irrevocable letter
of credit or other appropriate surety has been issued to the Town.
A lot other than a corner lot which has frontage on two substantially
parallel streets.
The land on either side of and within 50 feet of the center
line of any intermittent or perennial stream graphically shown on
a topographic survey prepared by and certified by a Wisconsin-registered
land surveyor at a contour interval of not less than two feet or the
U.S. Geological Survey (USGS) 7.5-minute quadrangle topographic map
of the area.
Authorization by a property owner for another to use the
owner's property for a specified purpose.
A parcel, lot or tract of land of which the enclosing boundaries
are separately described and recorded with the Office of Register
of Deeds, Outagamie County Planning and Zoning Departments, Town of
Buchanan Plan Commission, or defined by an existing tax parcel.
A map prepared in accordance with requirements of Ch. 236,
Wis. Stats., and this chapter for the purpose of precisely dividing
larger parcels into smaller parcels and used in conveying these new
parcels.
Those lands, including the channels, floodways and floodplain
fringe of any given reach, which are subject to inundation by the
flood within a given recurrence frequency. The one-hundred-year recurrence
interval flood (or that flood having a one-percent probability of
occurring in any given year) is generally used for regulation.
The land adjacent to a body of water which has been or may
be hereafter covered by floodwater, including, but not limited to,
the regional flood.
The length of the front property line of the parcel or tract
of land abutting the right-of-way of a public street road or highway.
The slope of land, a road, street or other public way, specified
in percent.
A drawing of a proposed area with plans and specifications
for grading.
The entirety of the parcel proposed for subdivision, including
all primary and secondary conservation areas.
The average annual high-water level of a pond, stream, lake,
flowage or wetland referred to an establish datum plane or, where
such elevation is not available, the elevation of the line up to which
the presence of 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 characteristics.
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
on lands and other persons have no legal right to access to or from
the same except at such points and in such manner as may be determined
by the public authority having jurisdiction over the trafficway.
A Wisconsin membership corporation which serves as an association
of homeowners within a subdivision or certified survey map having
shared common interests, responsibilities with respect to costs and
upkeep of common private property of a subdivision or certified survey
map. Such common property includes private recreation and open space
areas within the subdivision or certified survey map.
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip, off-street parking area or other facility for which the county
or Town may ultimately assume the responsibility for maintenance and
operation.
Any person, partnership, corporation or other legal entity
that has an ownership or other legal interest in the subject land
that is being divided or proposed to be divided resulting in a land
division.
The division of an 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 by a division or by successive divisions of any
part of the original property, including any land division by or for
a conservation subdivision, a cluster development, a statutory subdivision,
a minor land division, replat, and certified survey map, and any other
land division. Any residual parcel resulting from any division of
land shall be included in the land division if said parcel is less
than 35 acres in size.
Living material, such as grass, ground cover, flowers, shrubs,
vines, hedges and trees and nonliving durable material, such as rocks,
pebbles, sand, mulch, wood chips or bark, walls and fences, but not
including paving.
A parcel of land resulting in a division of a parcel pursuant
to this chapter.
A parcel 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 parcel line.
The peripheral boundaries of a parcel of land.
A parcel which has a pair of opposite parcel lines on two
parallel streets, and which is not a corner lot. On a through lot,
both street lines shall be deemed front parcel lines.
The mean horizontal distance between the side lot lines of
a parcel measured at right angles to the depth. On irregularly (nonperpendicular)
shaped parcels, the width shall be the average width of the parcel
(see below). Lot width shall be measured at the building line (e.g.,
location at which the principal structure is located). Width shall
also be measured at the shore-yard setback line. At least 50% of the
parcel shall be greater than or equal to the required lot width. The
following illustrations and formulas are provided to explain the methods
of average parcel width determination.
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A.
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Parallel parcel lines. Average parcel width
is the perpendicular distance between side parcel lines (SLL).
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B.
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Parallel side parcel lines, alternate. Use only
that part of length n that, when added to area of "m" portion of parcel,
satisfies minimum area requirements.
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Average parcel width is:
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C.
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Nonparallel parcel lines. Area of MNOP equals
"minimum parcel area" and line "c" bisects angle formed by lines MN
and OP extended.
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Average parcel width is:
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D.
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Nonparallel parcel lines, Alternate 1. Area
of MNOPQ equals minimum parcel area and line "d" bisects angle formed
by lines MN and OP extended. "d" is the perpendicular distance between
lines "b" and "c". "e" is the perpendicular distance between lines
"a" and "b".
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Average parcel width is:
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E.
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Nonparallel parcel lines, Alternate 2. Area
of MNOP equals minimum parcel area and line "c" bisects angle formed
by lines MN and OP extended. "c" is the perpendicular distance between
lines "a" and "b".
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Average parcel width is:
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F.
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Nonparallel parcel lines, Alternate 3. Area
of MNOPQR equals minimum parcel area and line "d" bisects angle formed
by lines MN and OP extended. "d" is the perpendicular distance between
lines "b" and "c". "e" is the perpendicular distance between lines
"a" and "b".
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Average parcel width is:
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G.
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Nonparallel parcel lines, Alternate 4. Area
of MNOPQR equals minimum parcel area, line "e" bisects angle formed
by lines MN and QR extended and line "d" bisects angle formed by lines
NO and PQ extended. "d" is the perpendicular distance between lines
"b" and "c". "e" is the perpendicular distance between lines "a" and
"b".
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Average parcel width is:
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Arterial and collector roads primarily intended for through
traffic with a secondary function of direct access.
Any division of land other than a statutory subdivision and
including all certified survey maps, as defined herein, of less than
35 acres in size, including any residual parcel or parcels resulting
from any division of land, if said parcel is less than 35 acres in
size.
A street used or intended to be used primarily for access
to abutting properties.
Any body of water defined as navigable under the laws of
the state.
The area of the tract in a conservation design subdivision
that can be divided into parcels.
A nonprofit corporation, charitable trust, or other nonprofit
organization described in § 501(c)(3) of the Internal Revenue
Code, which includes the "acquisition of property or rights in property
for conservation purposes" as part of its mission, as reflected in
the bylaws, charter or incorporation papers of the organization.
The area of lands within a conservation design subdivision
that cannot be developed. This area includes 40% of the gross tract
area held in common ownership. This area is for passive/active recreational
use by the residents of the development and, where specified, the
larger community.
A parcel of land other than a residential lot or block so
designated on a land division plat or certified survey map.
For purposes of this chapter, the word "owner" if used herein
shall be deemed to mean the person holding the fee title to the lands
involved, except that, where lands have been divided on a land contract,
the land contract vendee shall be deemed the owner.
Contiguous lands under the control of a subdivider(s) not
separated by streets, highways or railroad rights-of-way.
The Town of Buchanan Plan Commission is the Plan Commission
for the purposes of this chapter.
A map of a subdivision.
A map showing the salient features of a proposed subdivision as described in § 460-41, submitted to the Plan Commission for the purposes of preliminary consideration by the Plan Commission prior to any land division.
Every corporation, company, association, sanitary district,
or municipality that may own or operate any plant or equipment for
the conveyance of telephone or other electronic messages or for the
production, transmission, delivery or furnishing of heat, electricity,
gas, water, cable television, sewer or other service deemed to be
in the public interest shall be deemed a public utility.
Any public road, street highway, walkway, drainageway or
part thereof.
Areas that are altered from their natural state to accommodate
organized athletic activities (e.g., soccer, football, baseball, golf).
Active recreation lands may also require the installation of equipment
(e.g., playground apparatus, riding stables, shooting ranges, golf
ranges, etc.).
Areas that are left in a natural state with minimal alteration
for scenic enjoyment (e.g., walking/hiking trail) and outdoor activities
with minimal impact on the landscape (e.g., birding, hunting).
The process of changing the map or plat which changes the
boundaries of a recorded statutory subdivision plat, minor land division,
certified survey map or other land division or part thereof; the division
of a large block, parcel or outlot within a recorded subdivision plat
or certified survey which changes the exterior boundaries of said
parcel, block or outlot is a replat.
A deed restriction on the use of the land, usually set forth
in the deed, that is binding upon subsequent owners of the property.
A man-made or natural body of water of a depth of not less
than three feet, designed to contain water at all times, the levels
of which will be increased as a result of the flow into it from surface
and subsurface water collected therein and released gradually into
natural and man-made outlets.
The number of calendar days allotted to review a land division.
A strip of land occupied or intended to be occupied for a
special use, dedicated to the public by the owner of the land division
on which such right-of-way is established.
Those minimum street, front, rear and/or side yards required
between a building and a parcel line.
The area 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 river or stream or to the landward side of a
floodplain, whichever distance is greater.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
A map of a division of land prepared in accordance with Ch.
236, Wis. Stats., and the terms of this chapter.
A course of running water, either perennial or intermittent,
flowing in a channel (e.g., water body that forms a link between two
bodies of water).
A public way for vehicular and pedestrian traffic.
Anything constructed or erected on the ground, including,
but not limited to, all types of buildings and attachments to buildings.
Person or persons requesting review or action on a subdivision.
The division of a parcel or parcel of land by the owner thereof
or his agent where the act of division creates one or more parcels
of land.
A structure, typically made of concrete, which allows for
the conveyance of stormwater while minimizing erosion and stormwater
runoff.
A person who surveys land and is duly registered in the State
of Wisconsin.
Reference to "Town" shall mean the Town of Buchanan, including
the Town Board, Town Administrator, or any other designated Town commission.
[Amended 11-10-2016 by Res. No. 2016-05]
A contiguous area of land that exists or has existed in single
ownership.
An easement to place, replace, maintain or move utility facilities.
A departure from the terms of this chapter as applied to
a specific building, structure or parcel of land, which the Plan Commission
may permit pursuant to this chapter.
