For the purposes of this chapter, the following definitions
shall be used. 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 "shall" is mandatory and not
directory.
As used in this chapter, the following terms shall have the
meanings indicated:
Nearby, but not necessarily touching or abutting.
Average daily traffic. The average total number of vehicles
traversing a street on a typical day.
A special public way affording only secondary access to abutting
properties.
See § 340-19A of this chapter.
A street used, or intended to be used, primarily for fast
or heavy through traffic providing for the expeditious movement of
through traffic into, out of, and within the community. Arterial streets
shall include freeways and expressways, as well as standard arterial
streets, highways and parkways. Arterial streets shall be located
to minimize the penetration of such streets through existing and proposed
residential areas. Arterial streets shall be designed to convey an
average daily traffic (ADT) of 3,000 and greater.
A pathway designed specifically to satisfy the physical requirements
of bicycling.
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.
See definition for "buffer yard."
An area of land within the boundaries of a lot 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
lot or site to adjacent lots or sites. Buffer yards are typically
defined by a delineated easement graphically indicated on the face
of the certified survey map, subdivision plat, or condominium plat.
A line parallel to a lot line and at a distance from the
lot line to comply with the terms of this chapter.
A measurement of the diameter of a tree taken six inches
from above the ground level for trees up to and including four-inch
caliper sizes and 12 inches above the ground level for larger sizes.
A minor land division as defined in § 340-23 of this chapter and prepared and recorded as set forth in § 236.34, Wis. Stats. (Also see definition for "minor land division.")
A natural or artificial watercourse of perceptible extent
which periodically or continuously contains moving water or which
forms a connecting link between two bodies of water. It has a definite
bed and banks which serve to confine the water.
Soils defined as "Capability Class I" by the United States
Department of Agriculture, Natural Resources Conservation Service,
for Washington County, Wisconsin.
A street used, or intended to be used, to carry traffic from
minor streets to the system of arterial streets, including principal
entrance streets to residential developments and/or activity/employment
centers. Collector streets shall be designed to convey an average
daily traffic (ADT) of between 500 and 3,000.
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic, or physical interests.
The extensively developed plan, adopted by the Town of Barton
Plan Commission and certified to the Town Board pursuant to § 62.23,
Wis. Stats. [under enacted Village powers pursuant to § 60.22(3),
Wis. Stats.]. The Town Land Use Plan shall be considered an element
of the Comprehensive Plan. The Comprehensive Plan shall also include
neighborhood and subarea plans, proposals for future land use, open
space, streets and transportation, urban redevelopment, and public
facilities. Devices for the implementation of these plans, such as
zoning, Official Map, land division and building line provisions,
design guidelines, and capital improvement programs, shall also be
considered a part of the Comprehensive Plan.[1]
Property subject to a condominium declaration as defined,
regulated, and established under Ch. 703, Wis. Stats.
A type of protective covenant, the boundary lines of which
are graphically depicted on the face of a certified survey map, preliminary
plat, final plat and/or condominium plat used to conserve and preserve
a natural resource feature that is protected under the provisions
of this chapter.
A local street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
A vertical or sloping edge of a roadway.
Diameter at breast height. (See definition of "diameter at
breast height.")
A man-made or natural depression below the surrounding grade
level designed to collect surface and 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., the storm sewer system or stream).
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other persons having enforceable
proprietary interests in such land.
Any man-made change to improved or unimproved real estate,
including, but not limited to, construction of or additions or substantial
improvements to buildings, other structures, or accessory uses, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or disposition of materials.
A residential building designed for occupancy by two or more
dwelling units.
The Washington County development plan text and all accompanying
maps, charts, and explanatory material adopted by Washington County
pursuant to § 59.69, Wis. Stats., and all amendments thereto.
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. (Also see definition for "rural
area.")
Residential, commercial, industrial, governmental, and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities,
including but not limited to full- or part-time municipal police and
fire protection and community administration; additional public streets
and highways; neighborhood parks and playgrounds; neighborhood schools;
local libraries; public sanitary sewer facilities, public water supply
facilities, and public solid waste removal; storm sewers; mass transit
facilities; continual street maintenance; curbs, gutters, and sidewalks;
streetlighting; and neighborhood convenience shopping. Such development
may be expected to alter or require the altering of land and land
cover and have detrimental impact on the ground and surface waters.
(Also see definition for "urban area.")
The diameter of the trunk of a tree measured in inches at
a point 4.5 feet above ground line. This point of measurement is used
for established and mature trees.
Where the title or part thereof of land is transferred by
the execution of a land contract, an option to purchase, an offer
to purchase and acceptance, a deed, a subdivision plat, or a certified
survey map.
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; the
United States Geological Survey (USGS) 7.5-minute quadrangle topographic
map of the area; or the large-scale one inch equals 200 feet Washington
County topographic maps, except areas designated as wetlands, shoreland
wetlands, floodlands, floodways, or one-hundred-year recurrence interval
floodplains.
The farthest distance, measured as a radius and the total
area encompassed thereby, where the branches of a tree extend from
its trunk indicating the extent of the canopy of a tree.
A paved or unpaved area used for ingress or egress of vehicles
allowing access from a street to a lot or site, use, building, or
other structure or facility.
One or more rooms, including a bathroom and complete kitchen
facilities, that are arranged, designed, or used as living quarters
for one family or household.
The 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.
The unincorporated area within 1.5 miles of a fourth class
city or a village and within three miles of all other cities. Wherever
such statutory extraterritorial powers overlap with those of another
city or village, the jurisdiction over the overlapping area shall
be divided on a line, all points of which are equidistant from the
boundaries of each community so that not more than one community exercises
extraterritorial powers over any area.
The final map, drawing or chart on which the subdivider's
or condominium developer's (as applicable) plan of subdivision is
presented for approval and which, if approved, will be submitted to
the Washington County Register of Deeds.
Those lands, including the channels, floodways, and floodplain
fringe of any given reach, which are subject to inundation by the
flood with 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 zoning regulation.
Other flood events used in this chapter are the fifty-year recurrence
interval flood (or that flood having a two-percent probability of
occurring in any given year) and the ten-year recurrence interval
flood (or that flood having a ten-percent probability of occurring
in any given year). Where detailed flood data is not available, the
maximum flood of record is used.
The highest recorded elevation of a recorded flood event.
An elevation two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, five
feet above the maximum flood of record.
See definitions for "woodland, mature" and "woodland, young."
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.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
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 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.
A Wisconsin nonprofit membership corporation which serves
as an association of homeowners within a subdivision, certified survey
map, or condominium having shared common interests and responsibilities
with respect to the costs and upkeep of common private property of
a subdivision, certified survey map, or condominium. Such common property
includes private recreation and open space areas within the subdivision,
certified survey map, or condominium. For the purposes of this chapter,
homeowners' associations include condominium associations.
Any man-made immovable item which becomes part of, is placed
upon, or is affixed to real estate.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, curb and gutter, sidewalk,
pedestrianway, bicycle path, stormwater detention and retention basins,
planting strip, or other utility and/or facility for which the Town
may ultimately assume the responsibility for maintenance and operation.
An agreement guaranteeing payment for subdivision improvements,
entered into by a bank, savings-and-loan, or other financial institution
which is authorized to do business in this state and which has a financial
standing acceptable to the Town, and which is approved, as to form,
by the Town Attorney.
Any body of water, two acres or larger in size, as measured
by the shoreline at its maximum condition rather than the permanent
pool condition, if there is any difference.
See definition for "buffer yard."
See Article V of this chapter.
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.
Pipes installed for conducting sewage from certified survey
maps, subdivision plats, or lots to larger sanitary sewer pipes, typically
called "trunk" or "interceptor" sewers.
Pipes installed for conducting water to certified survey
maps, subdivision plats, or lots from larger water mains.
A parcel of land having frontage on a public street or other officially approved means of vehicular access, occupied or intended to be occupied by a principal structure or use and of sufficient size to meet minimum zoning requirements for use, width, frontage, area, yard and open space provisions as set forth in this chapter and Chapter 500, Zoning.
[Amended 1-15-2002 by Ord. No. 02-001]
For both existing lots of record and new lots created which
are not located in the EA, AT, GA, and R-1 Districts, the area contained
within the exterior, or peripheral, boundaries or lot lines of a lot,
excluding public street right-of-way.
For existing lots of record located in the EA, AT, GA, and R-1
Districts which abut a public street right-of-way existing on the
date of the adoption of this chapter, the area contained within the
exterior, or peripheral, boundaries or lot lines of a lot, including
that portion of an abutting public street right-of-way as measured
to the center line of said abutting public street right-of-way.
For new lots created in the EA, AT, GA, and R-1 Districts and
which new lots abut a public street right-of-way existing on the date
of the adoption of this chapter, the area contained within the exterior,
or peripheral, boundaries or lot lines of a lot, including that portion
of an abutting public street right-of-way as measured to the center
line of said abutting existing public street right-of-way.
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, 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 should restrict
direct access to the arterial highway by means of a planting buffer
or some other acceptable access buffering measure.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
The horizontal distance between the sidelines of a lot measured
at right angles to its depth along a straight line parallel to the
front line at the minimum required building setback line.
Any division of land not defined as a subdivision. Minor
land divisions include the division of land by the owner or subdivider
resulting in the creation of two, but not more than four, parcels
or building sites, any one of which is less than 35 acres in size;
or the division of a block, lot or outlot within a recorded subdivision
plat into not more than four parcels or building sites without changing
the exterior boundaries of said block, lot, or outlot. Such minor
land divisions shall be made by a certified survey map.
A street used, or intended to be used, primarily for access
to abutting properties. Residential minor streets that are designed
as either looped or through streets shall be designed so that no section
conveys an average daily traffic (ADT) greater than 500. Residential
minor land access streets that are designed as permanent cul-de-sac
streets shall be designed so that no section conveys an average daily
traffic (ADT) greater than 250.
The Municipal Code of the Town of Barton, Washington County,
Wisconsin.
An incorporated village or city or an unincorporated town.
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.
See Article IV of this chapter.
The proportion of the natural features of a site (excluding
land occupied by public street rights-of-way) which shall remain undeveloped
and protected and is specifically designated for natural resource
protection by deed restriction, protective covenant, zoning or a combination
thereof.
Areas of steep slopes, woodlands and forests (mature and
young), lakes, ponds, streams, shore buffer, floodplains, floodlands,
drainageways, wetlands, and shoreland wetlands as defined in this
chapter.
See definition of "navigable water."
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes. Also see definition
of "navigable water."
Lake Michigan, Lake Superior, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages, and other water
within the territorial limits of this state, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this state. The Wisconsin Supreme Court has declared as navigable
bodies of water with a bed differentiated from adjacent uplands and
with levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 2d 492 (1952) and DeGaynor
and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]
Materials other than earth, clay, soil, ground, stones, and
rock.
See § 340-19B of this chapter.
A map meeting the requirements of § 62.23(6), Wis.
Stats.
Any site, parcel, lot, area, or outlot of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for the
public or private use or enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open space.
Open space land shall not be occupied by nonrecreational buildings,
roads, drives, public rights-of-way, or off-street parking areas for
nonrecreational uses.
Deed-restricted open space on platted lots is not occupied
by any principal or accessory buildings or structures, roads, road
rights-of-way, or parking areas. Deed-restricted open space on platted
outlots is not occupied by nonrecreational principal or accessory
buildings or structures, roads, road rights-of-way, or parking areas.
The maintenance of deed-restricted open space located on platted outlots
is by a homeowners' association. The maintenance of deed-restricted
open space located on platted lots is by the individual lot owner.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, public school district, state or county agency,
or other public body for recreational or conservational uses.
The point on the bank or shore of a navigable water 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 characteristics.
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 in the future 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.
Includes the plural as well as the singular and may mean
either a natural person, individual, firm, association, syndicate,
partnership, private corporation, public or quasi-public corporation,
or combination of these having legal title or sufficient proprietary
interest to seek development of land. For purposes of successive division
of a parcel of land by certified survey maps, "owner" shall be taken
to include any related person, firm, partnership or corporation to
whom conveyance has been made within two years of application for
approval of a certified survey map. "Related" shall mean any natural
person related to a transferor by blood or marriage, any person acting
in an agency or trust capacity, any partnership in which the transferor
is a partner and any corporation in which the transferor is a stockholder,
officer or director or in which related persons are stockholders,
officers or directors.
A public way that is intended for the convenience of pedestrians
only; it may also provide public right-of-way for utilities.
The Town of Barton Plan Commission created by the Town Board
pursuant to § 62.23, Wis. Stats.
The map, drawing, or chart on which the subdivider's land
division or condominium developer's condominium is presented to the
Town of Barton for approval.
All bodies of water less than two acres in area as measured
by the shoreline at its maximum condition rather than the permanent
pool condition, if there is any difference.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293,
Wis. Stats., which constitute a restriction on the use of all private
or platted property within a minor land division or subdivision for
the benefit of the public or property owners and to provide mutual
protection against undesirable aspects of development that would tend
to impair stability of values.
Any public road, street, highway, walkway, drainageway, or
part thereof.
An outdoor recreation site serving several neighborhoods
and generally containing more open space and natural-resource-oriented
areas than typical neighborhood-level public outdoor recreation land.
Active recreational facilities located in such areas can include,
but not necessarily be limited to, baseball, softball, tennis, basketball,
playground or play field (which may be associated with a middle or
high school), picnicking, swimming, recreational trails, and passive
activity areas, etc. Such recreational land typically serves an area
with a radius of from about two to 10 miles and provides sufficient
usable land area per capita to meet the standards set forth in the
adopted Town Comprehensive Plan or element thereof. The size of such
areas typically ranges from 25 to 99 acres in area.
An outdoor recreation site serving a single neighborhood
and generally containing less open space and natural-resource-oriented
areas than typical community-level public outdoor recreation land.
Active recreational facilities located in such areas can include,
but not necessarily be limited to, baseball, softball, tennis, basketball,
playground or play field (which may be associated with an elementary
school), picnicking, ice-skating area, recreational trails, and passive
activity areas, etc. Such recreational land typically serves an area
with a radius of from about 0.5 to two miles and provides sufficient
usable land area per capita to meet the standards set forth in the
adopted Town Comprehensive Plan or element thereof. The size of such
areas is typically less than 25 acres in area.
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, 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.
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 level
of which will be increased as a result of the flow into it of surface
and subsurface water, collected therein and released gradually into
natural or man-made outlets.
Those areas of the Town of Barton not within a Town of Barton
adopted delineated public sanitary sewer service area in conformance
with an adopted areawide water quality management plan.
Those minimum street, front, rear, and/or side yards required by Chapter 500, Zoning, of the Code of the Town of Barton.
The area located within 75 feet of the ordinary high-water
mark of all navigable waters and parallel to that ordinary high-water
mark.
All land, water and air located within the following distances
from the ordinary high-water mark of navigable waters as defined in
§ 281.31(2)(d), Wis. Stats.: 1,000 feet from a lake, pond
or flowage; 300 feet from a river or stream or to the landward side
of a floodplain (i.e., the outward edge of the floodplain), whichever
distance is greater. If the navigable water is a glacial pothole lake,
the distance shall be measured from the high-water mark thereof.
A wetland, as defined by this chapter, which is located within
a shoreland area.
A paved path provided for pedestrian use and usually located
at the side of a road within a public street right-of-way but physically
separated by distance from the road pavement.
See Article VI of this chapter.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
Three categories of steep slopes are defined herein for use
in this chapter. These categories are based upon the relative degree
of the steepness of the slope as follows: 10% to 20%, 20 to 30%, and
greater than 30%. No land area shall be considered a steep slope unless
the steep slope area has at least a ten-foot vertical drop and has
a minimum area of 5,000 square feet. Steep slopes exclude man-made
steep slopes.
Soil type, slope, and erosion factor boundaries as shown
on the operational soil survey maps prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture
as published in the Soil Survey, Washington County, Wisconsin, dated
June 1971.
The set of standards and specifications which the Town uses,
and has established as public policy, for the installation of improvements
as set forth in this chapter. Said "Standards and Specifications for
Development" shall be in printed form.
A course of running water, either perennial or intermittent,
flowing in a channel.
A dedicated public thoroughfare affording the principal means
of access to abutting property.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor land
division (certified survey map) or replat.
An agreement by which the Town and the subdivider or condominium
developer (as applicable) agree in reasonable detail as to all of
those matters which the provisions of these regulations permit to
be covered by the subdivider's agreement and which shall not come
into effect unless and until an irrevocable letter of credit or other
appropriate surety has been issued to the Town.
The division of a lot, parcel, or tract of land by the owners
thereof, or their agents, for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 10 acres each or less in area, or
where the act of division creates five or more parcels or building
sites of 10 acres each or less in area by successive division within
a period of five years.
The natural ground lying beneath a road.
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the subdivider or condominium developer (as applicable).
Any self-supporting, woody plant, together with its root
system, growing upon the earth, usually with one trunk, or a multistemmed
trunk system, supporting a definitely formed crown.
A tree whose leaves would occupy the upper level of a forest
in a natural ecological situation. These trees are often referred
to as "shade trees."
A tree adjacent to a public place, street, special easement, or right-of-way adjoining a street. (Also see § 340-77 of this chapter.)
A tree whose leaves would occupy the lower level of a forest
in a natural ecological situation. These types of trees are often
referred to as "ornamental trees."
A single or one-way vehicle movement to or from a property.
That portion of the Town of Barton located within a Town
of Barton adopted delineated public sanitary sewer service area in
conformance with an adopted areawide water quality management plan.
A permanent or intermittent stream channel.
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.
An area or stand of trees whose total combined canopy covers
an area of one acre or more and at least 50% of which is composed
of canopies of trees having a diameter at breast height (DBH) of at
least 10 inches; or any grove consisting of eight or more individual
trees having a DBH of at least 12 inches whose combined canopies cover
at least 50% of the area encompassed by the grove. However, no trees
grown for commercial purposes should be considered a mature woodland.
An area or stand of trees whose total combined canopy covers
an area of 0.50 acre or more and at least 50% of which is composed
of canopies of trees having a diameter at breast height (DBH) of at
least three inches. However, no trees grown for commercial purposes
shall be considered a young woodland.
As defined by Chapter 500, Zoning, of the Code of the Town of Barton and its accompanying maps, as amended.
