Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
ALLUVIAL SOIL
Soil or sediments deposited by a river or other running water.
BUFFERS
Areas of secondary protection established on a case-by-case
basis for each environmentally sensitive area. The width of the buffer
might, due to topography and species diversity, vary around the perimeter
of each environmentally sensitive area.
CLEAR-CUTTING
The substantial removal of trees or shrubs in a contiguous
patch, strip, row, or block which is inconsistent with standard forest
maintenance practices.
CLOSED DEPRESSION
A natural geological formation of the earth's surface characterized
by having no direct overland surface water outlet. Closed depressions
commonly found in the Town have developed through two distinct geological
processes: karst development and glaciation.
COMMON FACILITIES
Those facilities which are designated, reserved, restricted
or otherwise set aside for the use and enjoyment by residents of a
subdivision or condominium plat.
COMMON OPEN SPACE
Undeveloped land within a subdivision or condominium plat
that has been designated, reserved, or restricted in perpetuity from
further development or subdivision and is set aside for the use and
enjoyment by residents of the development and/or condominium plat,
for the preservation, restoration and management of historical, agricultural
or environmentally sensitive features.
COMMON SANITARY SYSTEM
A private on-site wastewater treatment system (POWTS) serving
two or more dwelling units.
COMPREHENSIVE PLAN
The Town of St. Joseph Comprehensive Plan adopted by the
Town Board and its subsequent revisions and amendments pursuant to
§ 66.1001, Wis. Stats.
CONDOMINIUM
A community association combining individual unit ownership
with shared use or ownership of common property or facilities, established
in accordance with the requirements of the Condominium Ownership Act,
Chapter 703, Wis. Stats. A condominium is a legal form of ownership
of real estate and not a specific building type or style.
CONSERVATION EASEMENT
As provided in § 700.40, Wis. Stats., a holder's
nonpossessory interest in real property imposing any limitations or
affirmative obligations the purposes of which include permanently
retaining or protecting natural, scenic or open space values of real
property, permanently assuring the availability of real property for
agricultural, forest, recreational or open space use, permanently
protecting natural resources, maintaining or enhancing air or water
quality, preserving a burial site as defined in § 157.70(1)(b),
Wis. Stats., or permanently preserving the historical, architectural,
archaeological or cultural aspects of real property.
CORRIDORS
Strips or blocks of land that form connections between two
separated areas of similar habitat. These corridors allow plants and
animals to disperse and travel from one "island" of suitable habitat
to another.
DEVELOPER'S AGREEMENT
An agreement between the Town, alone or with other governmental
units with jurisdiction, and the owners and subdividers of property
within the Town regarding subdivision and subsequent development and
use of said property.
DEVELOPMENT AREAS
Areas where development will be allowed on sites within Preservation
Residential subdivision areas as designated in the Comprehensive Plan.
DRAINAGEWAY
A natural passageway on the surface of the earth so situated
and having such a topographical nature that surface water flows through
it from other areas before reaching a final ponding area. The term
also includes all drainage structures that have been constructed or
placed for the purpose of conducting water from one place to another.
ENGINEER
The registered engineer employed by the Town unless otherwise
stated.
FLOODPLAIN
Land which has been or may be covered by floodwater during
a regional flood. The floodplain includes the floodway, flood-fringe,
shallow depth flooding, flood storage and coastal floodplain areas.
FOREST
At least 10 contiguous acres of deciduous and/or coniferous
trees with their crowns overlapping (generally forming 60% to 100%
cover).
GROUNDWATER RECHARGE
The process by which external water is added to the zone
of saturation of an aquifer, either directly into a formation or indirectly
by way of another formation.
HIGH WATER ELEVATION (HWE)
The HWE shall be calculated, assuming developed conditions,
using back-to-back 100-year storm events for closed depressions and
stormwater ponds.
HOMEOWNERS' ASSOCIATION
An association of property owners in a particular subdivision, condominium plat or other development organized to manage the common open space, stormwater facilities, and/or any other common facilities, detailed in the homeowner's agreement completed under §
168-22D of this chapter.
LAND DIVISION
A subdivision, minor subdivision, major subdivision, resubdivision
or replat.
LAND STEWARDSHIP PLAN
A plan for long-term management of open space areas and/or
lands placed under a conservation easement.
LOT
A parcel of land numbered in sequence with other parcels
shown on a plat or certified survey map.
MAJOR SUBDIVISION
A subdivision resulting in the creation of five or more lots
from a parcel that existed five years before the date of the application.
The resulting subdivision would require preliminary and final plat
approval.
MINOR SUBDIVISION
A subdivision resulting in the creation of four or fewer
lots from a parcel that existed five years before the date of the
application. The resulting subdivision would require certified survey
map approval.
NATIVE PRAIRIE
A natural vegetative community primarily dominated by native
grasses and herbaceous flowering plants with few or no trees, typically
sustained by fire and/or grazing.
NATIVE VEGETATION
Those species of vegetation that occurred naturally in pre-settlement
Wisconsin and are noted on the 1830s Vegetation Map.
NATURAL SWALE
A low-lying or depressed, and often wet, stretch of land
that is not constructed as part of development.
OPEN SPACE AREAS
Land used for agriculture, natural habitat or pedestrian
corridors and/or recreational purposes, which is undivided and permanently
protected from future development or subdivision. This may include
common open space that is used by and for residents of the subdivision
only.
ORDINARY HIGH-WATER MARK (OHWM)
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
characteristics.
OUTLOT
A lot remnant or parcel of land within a plat remaining after
platting which is intended for other use than development. An outlot
shall not be developed for any use or structure that requires a POWTS.
PARCEL
Contiguous land under single ownership, not separated by
public roads or rights-of-way. Creation of private or public roads
after April 19, 1991, does not create separate parcels eligible for
treatment under the minor subdivision provisions of this chapter.
PERIMETER ROAD
A road lying outside of and abutting a development parcel.
PLANT COMMUNITY
A grouping of plants with common environmental requirements
living within the landscape, i.e., wetlands, grasslands, boreal forests.
PLAT
A map of a major subdivision prepared in accordance with
Ch. 236, Wis. Stats., and this chapter.
PREAPPLICATION MEETING
A meeting with Town Staff and the applicant, the applicant's
agent, and/or professional consultant to discuss overall project intent,
applicable code restriction sections, potential fees, general application
details, submittal requirements, and to obtain information regarding
the purpose and objectives of the Town's regulations and procedures,
the adopted Comprehensive Plan, and other relevant ordinances prior
to a formal application being filed with the Town of St. Joseph. Town
Staff may include but is not necessarily limited to Town Clerk, Town
Building Inspector, Town Zoning Administrator, Town Engineer, Town
Planner, and/or Town Legal Counsel.
[Added 4-13-2023 by Ord. No. 2023-01]
PREDEVELOPMENT AGREEMENT
An agreement between the Town and the owners and subdividers
of property within the Town regarding review of a proposed subdivision
and payment of all fees.
PRESERVATION RESIDENTIAL
Land located in the designated natural resource corridors
identified in the Comprehensive Plan as "Preservation Residential."
PRIMARY CONSERVATION AREA
The environmental or conservation lands where building and
development are limited to allow for preservation of critical natural
resources.
PRIVATE ON-SITE WASTEWATER TREATMENT SYSTEM (POWTS)
A sewage treatment and disposal system serving a single structure
with a septic tank and soil absorption field located on the same parcel
as the structure. Also, an alternative sewage system that may include
a substitute for the septic tank or soil absorption field, a system
serving more than one structure or a system located on a different
parcel than the structure. A private sewage system may be owned by
the property owner or by a special purpose district.
PROTECTIVE OR RESTRICTIVE COVENANTS
A contract entered into between private parties that constitutes
a restriction of the use of a particular parcel of property and is
binding upon subsequent owners of the land.
RARE, THREATENED, OR ENDANGERED SPECIES
Species and natural communities that are listed as endangered
or threatened or have a state rank of S1, S2, or S3 on the Wisconsin
Natural Heritage Inventory.
(1)
ENDANGEREDAny species whose continued existence as a viable component of this state's wild animal or wild plant population is determined by the Wisconsin Department of Natural Resources to be in jeopardy on the basis of scientific evidence.
(2)
THREATENEDAny species that appears likely to become, within the foreseeable future, on the basis of scientific evidence, endangered as determined by the Wisconsin Department of Natural Resources or the U.S. Department of the Interior.
(3)
RAREThose species about which some problem of abundance or distribution is suspected but not yet proved. The main purpose of this category is to focus attention on certain species before they become threatened or endangered.
RESOURCE INVENTORY
A survey of the land's features including its natural resources,
cultural resources, scenic views and viewsheds and physical characteristics.
ROAD
A public way for vehicular traffic; this term includes highways.
SECONDARY CONSERVATION AREA
The features of a development site that should be protected
and integrated into the development to enhance open space, protect
groundwater quality and environmental areas, and conform to the values
of the Town as stated in the Comprehensive Plan.
STEEP SLOPES
Slopes that are unstable enough so that down-slope movement
is likely. An unstable condition can occur because of a combination
of steepness, material, hydrologic conditions, and human disturbance.
Where specific information from county soil surveys is not available,
steep slopes are lands having slopes over 12% as measured over horizontal
distances of 50 feet or greater.
STRUCTURE
Something built or erected, such as a residence, a building,
shed, barn, fence, or wall.
SUBDIVIDER
Any person, partnership, corporation or other entity creating
a subdivision.
SUBDIVISION
A division of a lot, parcel or tract of land by the owner
or owner's agent for the purpose of transfer of ownership or building
development where the act of division creates or results in one or
more parcels or building sites of less than 35 acres in area. A subdivision
can be created by the following means:
(1)
Recording of a plat or certified survey map.
(2)
Recording of any other document or instrument that creates a
parcel not previously created pursuant to this chapter or its predecessor.
(3)
Foreclosure of a mortgage or a land contract if the foreclosure
creates and/or conveys a parcel not previously created pursuant to
this chapter. This subsection is not to be construed as endorsing
a policy encouraging rezoning or subdividing of a parcel as a prerequisite
to obtaining a mortgage when inconsistent or incompatible with surrounding
zoning or uses.
UNIQUE WILDLIFE HABITAT AREA
Aquatic and/or terrestrial communities that:
(1)
Are composed of physical attributes and/or vegetation that are
not common in the Town and that therefore support species or certain
life functions of species that are not supported in other locations
in the Town;
(2)
Are specific locations known to support endangered, threatened
or rare species or communities; or
(3)
Serve as linkages to important habitats in adjoining areas.
VIEWSHED
An area of land and/or water, and/or other environmental
elements, that is visible from a fixed vantage point and may be of
particular scenic or historic value deemed worthy of preservation
against development or other change.
WETLANDS
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic (water-loving)
vegetation and which has soils indicative of wet conditions.
WIS. ADM. CODE
Wisconsin Administrative Codes, including successor provisions
to cited codes.
WIS. STATS.
The Wisconsin Statutes, including successor provisions to
cited statutes.
WOODLANDS
At least 10 acres of open stands of deciduous and/or coniferous
trees with crowns not usually touching (generally forming 25% to 60%
cover).