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 discretionary.
For the purposes of this chapter, the following
definitions shall be used:
Any agency, other than an objecting agency, to which a plat
or certified survey map may be submitted for review and comment. An
advisory agency may give advice to the Village of Johnson Creek and
may suggest that certain changes be made to the plat or certified
map, or it may suggest that a plat or certified survey map be approved
or denied. Suggestions made by an advisory agency are not, however,
binding on the Village Board.
A public or private right-of-way shown on a plat which provides
secondary access to a lot, block, or parcel of land. Section 236.02(1),
Wis. Stats.
See "street, arterial."
A tract of land bounded by streets or by a combination of
streets, public parks, cemeteries, railway rights-of-way, bulkhead
lines, or shorelines of navigable waterways and municipal boundaries.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals, equipment, machinery or materials.
A line parallel to any lot line and at a distance from the
lot line to comply with the terms of this chapter.
A map prepared by a registered land surveyor in accordance
with § 236.34, Wis. Stats. Certified survey maps may, under
the terms of this chapter, be used to create minor land divisions
of not more than four parcels. Certified survey maps are prepared
on map sheets measuring 8 1/2 inches by 14 inches at a map scale
not to exceed one inch equals 200 feet.
See "street, collector."
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic or physical interests.
Any extensively developed plan, also called a "Master Plan,"
prepared and adopted by the Village of Johnson Creek Plan Commission
and certified to the Village Board pursuant to §§ 66.0309,
59.69 and 62.23, Wis. Stats., including 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 Master
Plan.
A true and accurate copy of all sheets of the original subdivision
plat. Such copy shall be on durable white matte finished paper with
legible dark lines and lettering.
See "street, cul-de-sac."
The Department of Agriculture, Trade and Consumer Protection.
A building or part of a building used for a place of abode
and occupied by one family.
The unincorporated area within 1 1/2 miles of the Village
of Johnson Creek.
Sand, gravel, earth or other materials of any composition
whatever placed or deposited by human beings.
A map prepared in accordance with the requirements of Ch.
236, Wis. Stats., and this chapter for the purpose of dividing larger
parcels into lots and conveying those lots. The lines showing where
lots and other improvements are located are precise.
A letter of credit, cash or certified check guaranteeing
performance of a contract or obligation through possible forfeiture
of the letter of credit, cash or certified check if said contract
or obligation is not fulfilled by the subdivider.[1]
Those lands, including the floodplains, floodways, flood
fringe, and channels, subject to inundation by the one-hundred-year
recurrence interval flood.
The smallest dimension of a lot abutting a public street
measured along the street line.
See "street, frontage."
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 dryer 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 sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, sidewalk, pedestrianway, planting
strip, or other facility for which the Village of Johnson Creek 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 Village of Johnson Creek, and which is
approved, as to form, by the Village Attorney.
A parcel of land having frontage on a public street 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 of the Village of Johnson Creek
Zoning Ordinance.
A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135º or less, measured on the lot side. (See Illustration No. 1.)[2]
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 should restrict direct access to the arterial highway by means of a planting buffer or some other acceptable access buffering measure. (See Illustration No. 1.)[3]
A lot not fronting on or abutting a public street and where
access to the public street system is by a narrow strip of land and
where the area of the lot, for zoning purposes, shall not include
the narrow strip.
A lot other than a corner lot, with frontage on one street. (See Illustration No. 1.)[4]
Mean sea level datum, 1929 adjustment, as established by
the United States Coast and Geodetic Survey.
Any division of land not defined as a subdivision. Such minor
land divisions shall be made by certified survey map.
See "street, minor."
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.
Lake Michigan, Lake Superior, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages, and other waters
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).]
An agency empowered to object to a subdivision plat pursuant
to Ch. 236, Wis. Stats. The Village of Johnson Creek may not approve
any plat upon which an objection has been certified until the objection
has been satisfied.
A parcel of land, other than a lot or block, so designated
on the plat, but not of standard lot size, the intention of which
is either to redivide it into lots or combine it with one or more
other adjacent outlots or lots in adjacent subdivisions or minor subdivisions
in the future for the purpose of creating buildable lots.
A individual, firm, association, syndicate, partnership,
or corporation having a proprietary interest in a parcel of land.
A map of a subdivision.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
A preliminary plat precisely describes the location and exterior boundaries
of the parcel proposed to be divided and shows the approximate location
of lots and other improvements.
Any public road, street, highway, walkway, drainageway, or
part thereof.
The filing of the final plat with the Jefferson County Register
of Deeds.
The process of changing, or 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 or certified survey map without changing exterior boundaries
of said block, lot or outlot is not a replat.
The area within and surrounding the Village of Johnson Creek
that is planned to be served with public sanitary sewerage facilities
by the year 2006.
Those lands lying within the following distances: 1,000 feet
from the high water elevation of navigable lakes, ponds, and flowages
or 300 feet from the high water elevation of navigable streams or
to the landward side of the floodplain, whichever is greater.
Soil types, slopes, and erosion factors delineated on detailed
operational soil survey maps prepared by the United States Soil Conservation
Service.
Access to solar rays so there is no shading to the south
wall or rooftop of any proposed structure.
Any wall facing within 45º of due south.
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, highway and
parkways.
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 developments.
A minor street with only one outlet and having an appropriate
turnaround for the safe and convenient reversal of traffic movement.
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 street used, or intended to be used, primarily for access
to abutting properties.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision or replat.
An agreement by which the Village of Johnson Creek and the
subdivider agree in reasonable detail as to all of those matters which
the provisions of this chapter 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 Village of Johnson Creek.
The division of a lot, parcel, or tract of land
by the owners thereof, or the owner's agent(s), for the purpose of
transfer of ownership or building development where the act of division
creates five or more parcels or building sites of 1 1/2 acres
each or less in area or where the act of division creates five or
more parcels or building sites of 1 1/2 acres each or less in
area by successive division within a period of five years. Other divisions
of land shall be termed "minor land divisions."
This definition shall also apply to the division
of a lot, parcel or tract of land by the owners thereof or the owner's
agent(s) for the purpose of transfer of ownership or building development
where the act of division creates five or more parcels or building
sites of any size by successive division within a period of five years
where dedicated public improvements are required. For the purpose
of this subsection, "public improvements" shall include any one of
the following:
The Plan Commission created by the Village Board of the Village
of Johnson Creek pursuant to § 62.23, Wis. Stats., and authorized
to plan land use within the Village of Johnson Creek.
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 and which requires
United States Army Corps of Engineers and/or Department of Natural
Resources permits.
The rules of administrative agencies having rulemaking 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 these rules.
The officer designated by the Village Board to administer
this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Illustration No. 1 is included at the end of this chapter.
[3]
Editor's Note: Illustration No. 1 is included at the end of this chapter.
[4]
Editor's Note: Illustration No. 1 is included at the end of this chapter.
