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 "person" includes associations, copartnerships,
or corporations. The word "shall" is mandatory and not directory.
The word "may" is permissive. All terms used which are defined in
Ch. 236, Wis. Stats., shall have the same meaning as ascribed thereto
in that chapter, and as that chapter may hereafter be amended, unless
otherwise defined in this chapter or unless the context and subject
matter clearly indicate otherwise.
For the purpose of this chapter, the following definitions shall
be used:
A special public way affording only secondary access to abutting
properties.
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.
Plats developed under § 70.27, Wis. Stats.
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.
A line parallel to a lot line and at a distance from the
lot line to comply with the terms of this chapter and the applicable
zoning ordinance. A building line may also be referred to as a setback
line, street yard line, side yard line, a rear yard line, or an offset
line.[1]
Any division of land other than a subdivision, assessor's
plat, condominium plat, or replat.
[Amended 10-15-1997 by Ord. No. 97-6]
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 development.
Certain streets within the Town have been identified as collector
streets. These streets are as shown on Exhibit A attached hereto,
as adopted by the Town Board and all amendments thereto. The Town
Board reserves the right to amend Exhibit A without the necessity
of a public hearing.[2]
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic or physical interests.
The extensively developed plan, also called a "master plan,"
adopted by the Plan Commission and certified 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.
Any development proposal presented to the municipality designed
under Ch. 703, Wis. Stats.
Waukesha County, Wisconsin.[3]
Any street with one end closed either permanently or temporarily.
Agricultural, residential, recreational and other open space
development at such concentrations and densities not requiring traditional
urban services and facilities. Such rural development may be expected
to result in minimum disturbance of the land and land cover and, therefore,
less impact on the natural environment. Rural development is deemed
to occur when residential development is concentrated in densities
not in excess of one dwelling unit per five acres.
Residential, commercial, industrial, governmental and institutional
development in sufficient concentrations or densities to require consideration,
whether available or not, of a variety and level of traditional urban
services and facilities, including but not limited to full-time, part-time
or contracted municipal police and fire protection; additional public
streets and highways; neighborhood parks and playgrounds; sanitary
sewer facilities, water supply facilities, and solid waste removal;
storm sewers; continual street maintenance; curbs, gutters, and sidewalks;
and streetlighting. Such development may be expected to alter or require
the altering of land and land cover and have a detrimental impact
on the groundwater and surface water. Urban development is deemed
to occur when residential development is concentrated in densities
in excess of one dwelling unit per five acres.
Any area lying outside of a public street right-of-way which
through design may require construction for the channeling, swaling,
restricting or controlling of the movement, disbursement or collection
of surface water.
A map of a subdivision which has been accurately surveyed,
clearly and definitely showing the streets, alleys, blocks, lots and
other divisions thereof, in such manner that the same can be clearly
and distinctly identified.
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.
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.
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.
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.
Any modification to the land which could ultimately result
in streets or affects a drainageway, floodplain or wetlands or systems
intended to be dedicated to the municipality.
An irrevocable letter from a chartered federal or state lending
institution addressed to the municipality, guaranteeing to the municipality
payment of legal money if certain conditions required by the municipality
are not met.
A parcel of land of at least sufficient size to meet minimum
zoning requirements for use, width, and area as set forth in the applicable
zoning ordinance.[4]
A lot with the rear lot line abutting the side lot line of
another lot platted in the same block and not separated by an alley
or other space.
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, 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 are often
used to restrict direct access to an arterial highway by means of
a planting buffer or some other acceptable access buffering measure.
Horizontal distance measured between side lot lines, perpendicular
to the lot depth and at a point in relation to the depth where the
product of the two would produce the minimum required lot area.
Any division of land not defined as a subdivision, condominium
plat, assessor's plat or replat.
A street used or intended to be used primarily for access
to abutting properties.
The Town of Genesee, Waukesha County, Wisconsin.[5]
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, and any additions,
corrections, or modifications thereto.
Any area lying outside of the public street right-of-way
which, in its natural, undisturbed state, channels, swales, restricts
or controls the movement, disbursement or collection of surface water.
A natural drainage area is essentially an area which utilizes the
natural contours and once established will, if allowed to remain undisturbed,
require little or no upkeep.[6]
Any watercourse so delineated by the Department of Natural
Resources or meeting the standards for the same as set by the Department
of Natural Resources.
The map indicating the location and size of existing and
proposed streets, highways, pathways, parks and playgrounds as adopted
and amended by the municipality.
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 land divisions in the future for
the purpose of creating buildable lots. No outlot shall be permitted
unless the ultimate disposition is delineated in advance, documented
in the records and approved by the municipality.
The record title owner or owners of the subject property
or properties or his or her authorized designee, the developer of
the property, the subdivider of the property, or anyone having control
over the property.
A map of a subdivision or condominium development.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
Any public road, street, highway, walkway, drainageway, or
part thereof.
The filing of the original of a final plat with the Register
of Deeds for recordation.
The Register of Deeds for Waukesha County.
Any land contiguous to but not included in the proposed division
or development under the control of the owner.
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 or redivision of a
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.
Soil type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the U.S. Natural Resources
Conservation Service.[7]
A use that would not be appropriate generally or without
restriction throughout a district but which if controlled as to number,
area, location or relation to the neighborhood would protect the public
interest.
[Added 3-13-2006 by Ord. No. 06-2[8]]
Any land which would prohibit or interfere with the orderly
extension of streets, roads, pedestrianways, sanitary sewer, water
mains, stormwater facilities or other utilities or other improvements
between two abutting properties.
A improvement or area which serves as vehicular and pedestrian
access to abutting lands or to other streets other than an alley.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor subdivision,
condominium plat or replat or proposing to develop land.
A division of a lot, parcel or tract of land by the owner
thereof or the owner's agent or a subdivider for the purpose of sale
or of building development where the act of division creates:
[Amended 5-11-1998 by Ord. No. 98-2; 4-9-2001 by Ord. No. 01-3]
Five or more parcels or building sites inclusive of the original
remnant parcel of 1Â 1/2 acres each or less in area.
Five or more parcels or building sites inclusive of the original
remnant parcel of 1Â 1/2 acres each or less in area by successive
divisions of any part of the original property by any person within
a period of five years.
Six or more parcels or building sites for residential development
inclusive of the original remnant parcel of any size by successive
divisions of any part of the original property by any person within
a period of five years.
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.
The 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.
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
