Sec. 14-1-10 Definitions.

(5) Defined Words and Terms. Whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be construed as set forth in the definition thereof. Any word appearing in parentheses between a word and its definition herein, shall be construed in the same sense as that word.

(6) Words Not Defined Herein. Any words not defined in this Section shall be presumed to have their customary dictionary definitions.

(b) Specific Words and Phrases. The following definitions shall be applicable in this Chapter:

(1) Abutting. Having a common border with, or being separated from such common border by an alley or easement, other than publicly dedicated and approved rights-of- way.

(2) Access. A means of vehicular or nonvehicular approach or entry to or exit from property, a street, or highway.

(3) Adjacent . Nearby, but not necessarily touching or abutting.

(4) ADT. Average daily traffic. The average total number of vehicles traversing a street on a typical day.

(5) Advisory Agency. 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 and suggest that certain changes be made to the plat or certified survey 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 or Plan Commission. Examples of advisory agencies include regional planning commissions, school districts, and local utility companies.

(6) Alley. A public right-of-way which normally affords a secondary means of vehicular access to abutting property.

(7) Approving Agencies. Each governmental body having authority to approve or reject a preliminary or final plat. Approving authorities are set forth in Section 236.10, Wis. Stats.

(8) Arterial Street. 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 generally be designed to convey an average daily traffic (ADT) of three thousand (3,000) and greater.

(9) Bicycle Path. A pathway designed specifically to satisfy the physical requirements of bicycling.

(10) Bikeway. A bike route completely apart from a street and restricted to bicycle, pedestrian, and maintenance vehicle traffic.

(11) Block. 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.

(12) Buffer. See definition for "Bufferyard."

(13) Bufferyard. An area of land within the boundaries of a lot or site, generally adjacent to and parallet with the property line, either consisting of natural 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. Bufferyards are typically defined by a delineated easement graphically indicated on the face of the certified survey map, subdivision plat, or condominium plat.

(14) Buildable Lot. See definition of "Lot, Buildable."

(15) Building Line (or Buildable Line). A line parallel to a lot line and at a distance from the lot line so as to comply with the yard and setback requirements of the applicable Zoning Code, or any restriction on the plat which identifies a line on the plat as a building setback line.

(16) Caliper. A measurement of the diameter of a tree taken six (6) inches from above the ground level for trees up to and including four (4) inch caliper sizes, and twelve (12) inches above the ground level for larger sizes.

(17) Certified Survey Map. A minor land division, as defined in Section 14-1-34 of this Code of Ordinances and prepared and recorded as set forth in Section 236.34, Wis. Stats. See also "Minor Land Division."

(18) Channel. A natural or artificial watercourse of perceptible extent which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water. It has a definite bed and banks which serve to confine water.

(19) Collector Street. A street which collects and distributes internal traffic within an urban area such as a residential neighborhood, between arterial and local streets. It provides access to abutting property. It is 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 five hundred (500) and three thousand (3,000).

(20) Commission, Plan. The Plan Commission created by the Village Board pursuant to Sec. 62.23, Wis. Stats., and Title 2, Ch. 4 of the Village of Edgar Code of Ordinances.

(21) Common Area. Land in a residential development held in common and/or single ownership and not reserved for the exclusive use or benefit of an individual tenant or owner but rather for the benefit of all occupants of the development.

(22) Community. A town, municipality, or a group of adjacent towns and/or municipalities having common social, economic, or physical interests.

(23) Comprehensive Plan ("Smart Growth Plan"). The extensively developed plan, also called a Master Plan or Smart Growth Plan, adopted by the Village of Edgar Plan Commission and certified to the Village Board pursuant to Section 62.23, Wis. Stats., or a Comprehensive Plan adopted by the Village Board pursuant to Section 66.1001, Wis. Stats. Other land use plans shall be considered an element, or component, of the Comprehensive Plan. The Comprehensive Plan shall also include, as its components, neighborhood and subarea plans, proposals for future land use, open space, streets and transportation, urban development, and public facilities. Devices for 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, or component of, the Comprehensive Plan.

(24) Comprehensive Plan Component. Each plan, ordinance, study, standard, agreement, or other document duly adopted or approved by the Village Board or Plan Commission which is related to the regulation of or the planning for land use or development, or to the provisions of public improvements or services within the Village.

(25) Concept Plan. A preliminary drawing, made to approximate scale, of a proposed land division for discussion purposes. See also Articles D and E of this Chapter.

(26) Condominium. A building, or group of buildings, in which dwelling units or other nonresidential floor area portions thereof are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. Property subject to a condominium declaration as defined, regulated and established under Chapter 703, Wis. Stats., and this Chapter.

(27) Condominium Association. 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.

(28) Condominium, Conversion. A structure which, before the recording of a condominium declaration, was wholly or partially occupied by persons other than those who have contracted for the purchase of condominium units and those who occupy with the consent of the purchasers.

(29) Condominium Declarant. The owner of property who subjects said property to a condominium declaration.

(30) Condominium Declaration. The instrument by which property becomes subject to Chapter 703, Wis. Stats.

(31) Condominium Development. A real estate development in which a condominium form of ownership pursuant to Chapter 703, Wis. Stats., is utilized.

(32) Condominium Unit. A part of a condominium intended for any type of independent use, including one (1) or more cubicles of air at one (1) or more levels of space or one (1) or more rooms or enclosed spaces located on one (1) or more floors (or parts thereof) in a building. A unit may include two (2) or more noncontiguous areas.

(33) Conservation Easement. 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.

(34) Consolidation. Legally merging two (2) or more recorded parcels into a single parcel.

(35) Contiguous. In contact with one (1) or more sides.

(36) Conveyance. Where the title or any part thereof is transferred by the execution of a land contract, option to purchase, offer to purchase and acceptance, deed or certified survey.

(37) County Planning Agency. The agency created by the County Board and authorized by Statute to plan land use and to review subdivision plats and certified survey maps.

(38) Cul-de-sac. A local street having but one (1) end or outlet open to traffic and the other end being permanently terminated in a vehicular turnaround for the safe and convenient reversal of traffic movement.

(39) Curb. A vertical or sloping edge of a roadway, drive, or parking area.

(40) DBH. Diameter at breast height. (See definition of "Diameter at Breast Height.")

(41) Dead End Street. A street permanently or temporarily closed at one end, with or without turnarounds.

(42) Dedication (Of Land and/or Interest in Land). The grant and conveyance of a geographically defined interest in land which is identified on a subdivision plat or certified survey map as being the subject of a dedication, grant and conveyance to the Village or some other entity, usually for public improvements, facilities, or uses; the act of making such a dedication. The transfer may be of fee simple interest or of a less than fee simple interest, including an easement.

(43) Dedication (Of Public Improvements). The grant and conveyance to the Village of completed public improvements in a land division by the subdivider or condominium developer (as applicable); the act of making a dedication.

(44) Deed Restriction. A restriction on the use of a property set forth in the deed.

(45) Detention Basin. 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).

(46) Developer. 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.

(47) Development.

a. The carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any person. Any manmade 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. The following activities or uses shall be taken for the purposes of these regulations to involve "development":

1. A reconstruction, alteration of, or material change in the external appearance of a structure on land or water; or

2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or an increase in the floor area or number of businesses, manufacturing establishments, or offices; or

3. Alteration of a shore or bank of a pond, river, stream, lake, or other waterway; or

4. Commencement of drilling (except to obtain soil samples), mining, or excavation on a parcel of land; or

5. Demolition of a structure; or

6. Clearing of land as an adjunct of construction, including clearing or removal of vegetation, any significant disturbance of vegetation, or any soil manipulation; or

7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

b. The following operations or uses shall not be taken for the purpose of these regulations to involve "development":

1. Work by a highway or road agency or railroad company for the maintenance of a road or railroad track if the work is carried out on land within the boundaries of the right-of-way; or

2. Work by any public or quasi-public utility, and other persons engaged in the distribution or transmission of gas or water, for the purposes of inspecting, repairing, renewing, or constructing on established rights-of-way sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like; or

3. The maintenance, renewal, or alteration of any structure, where only the interior or the color of the structure or the temporary decoration of the exterior of the structure is affected; or

4. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling; or

5. Work involving the landscaping of a detached dwelling; or

6. Work involving the maintenance of existing landscaped areas and existing rights-of-way such as setbacks and other non-natural planted areas.

c. "Development" includes all other activity customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of development or to the result of development within the Village. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this definition.

(48) Development Agreement. See definition of "Subdivider's Agreement."

(49) Development, Multi-Family Dwelling. A residential building designed for occupancy by two (2) or more dwelling units.

(50) Development, Rural . 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.

(51) Development, Urban.

a. 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:

1. Full- or part-time municipal police and fire protection and community administration;

2. Additional public streets and highways;

3. Neighborhood parks and playgrounds;

4. Neighborhood schools;

5. Local libraries;

6. Public sanitary sewer facilities;

7. Public water supply facilities, and public solid waste removal;

8. Storm sewer facilities;

9. Continual street maintenance;

10. Curbs, gutters, and sidewalks;

11. Street lighting; and

12. Neighborhood convenience shopping.

b. 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.

(52) Diameter at Breast Height. The diameter of the trunk of a tree measured in inches at a point four and one-half (4.5) feet above the ground line. This point of measurement is used for established and mature trees.

(53) Division of Land . A division of a lot, parcel or tract of land by the owner thereof or the owner's agent for any purpose, including sale, development, foreclosure or condemnation. 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, a certified survey map, or condominium plat.

(54) Drainageways. An open area of land, either in an easement or dedicated right-of- way, the primary purpose of which is to carry storm water on the ground surface in lieu of an enclosed storm sewer. The land on either side of and within thirty (30) feet of the centerline of any naturally occurring trench, ditch, swale, or similar depression into which surface water flows, conveys surface water, and which are dry throughout most of the year, but may hold water furing and immediately after either a rain storm or periods of snow melt. Drainageways shall include intermittent streams, but shall not include lakes, ponds, perennial streams, floodlands, 100-year recurrence interval floodplains, floodways, shoreland-wetlands, and wetlands. Drainageways may serve multiple purposes in addition to their principal use including, but not limited to, maintenance, bicycle and pedestrian traffic, sanitary sewers, water mains, storm sewers, storm water detention, park development, and other related uses. (Also referred to as "greenways").

(55) Drip Line. 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.

(56) Driveway. 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.

(57) Driveway Approach. That portion of a driveway located within a public right-of-way that is widened to accomodate turning movements to access property and streets.

(58) Dwelling Unit. One (1) or more rooms, including a bathroom and complete kitchen facilities that are arranged, designed, or used as living quarters for one family or household.

(59) Easement. 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, quasi-public entity (such as a homeowners' association), or part of the public.

(60) Easement, Conservation. 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, or filed as a separate legal instrument used to conserve and preserve a natural resource feature protected under the provisions of this Chapter.

(61) Equestrian Trail. A pathway designed specifically to satisfy the physical requirements of horses, or other equine, riding.

(62) Erosion. The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

(63) Extraterritorial Plat Approval Jurisdiction. The unincorporated area within one and one-half (1-1/2) miles of a fourth-class city or a village and within three (3) 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 each community so that not more than one (1) community exercises extraterritorial powers over any area.

(64) Face of Curb. On a nonmountable curb, the vertical portion of the curb facing the roadway pavement. On a mountable curb, the curb face is located six (6) inches from the back of the curb in the direction of the roadway pavement.

(65) Final Plat. The final map, drawing, or chart on which the subdivider's or condominium developer's (as applicable) plan of subdivision is presented for approval under the requirements of Chapter 236, Wis. Stats., as amended, and this Chapter, as amended, and which, if approved, will be submitted to the County Register of Deeds.

(66) Flood. A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

(67) Flood of Record, Maximum. The highest recorded elevation of a recorded flood event.

(68) Flood Protection Elevation. An elevation two (2) feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five (5) feet above maximum flood of record.

(69) Floodlands. Those lands, including the channels, floodways, and flood fringe of any given reach, which are subject to inundation by the flood with a given recurrence frequency. The 100-year recurrence interval flood [or that flood having a one percent (1%) probability of occurring in any given year] is generally used for zoning regulation. Where detailed flood data are not available, the maximum flood of record is used.

(70) Floodplains. Those lands, including the floodplains, floodways, and channels, subject to inundation by the one hundred (100) year recurrence interval flood or, where such data is not available, the maximum flood of record.

(71) Floodway. A designated portion of the 100-year flood that will safely convey the regulatory flood discharge with small, acceptable upstream and downstream stage increases, limited in Wisconsin to 0.01 foot unless special legal measures are provided. The floodway, which provides the channel, is that portion of the floodplain not suited for human habitation. All fill, structures, and other development that would impair floodwater conveyance by adversely increasing flood stages or velocities or would itself be subject to flood damage should be prohibited in the floodway.

(72) Forest. See definitions for "Woodland, Mature" and "Woodland, Young."

(73) Final Plat. The final map, drawing or chart on which the subdivider's plan of subdivision is presented for approval and which, if approved, will be submitted to the County Register of Deeds.

(74) Frontage. All the property fronting on one (1) side of a street between the nearest intersecting streets or between a street right-of-way, waterway, or other similar barrier.

(75) Frontage Street. 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.

(76) Gutter. A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.

(77) Half Street. A street, either existing as or proposed to be, half of the required right- of-way width with the intention that the adjoining half will be platted at the time the adjoining lands are subdivided; or an existing street, of which, due to reasons of ownership, only half of the right-of-way is within the boundaries of a proposed land division or annexation.

(78) High Groundwater Elevation. 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 multi-colored effect.

(79) High Water Elevation (Surface Water). 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.

(80) Homeowners' Association. A Wisconsin non-profit membership corporation which serves as an association of homeowners within a subdivisioin, 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.

(81) Impervious Lot Area. Roof areas, gravel and bituminous surfaces, sidewalks, decks or other hard surface areas.

(82) Improvement. Any man-made immovable item which becomes part of, placed upon, or is affixed to, real estate.

(83) Improvement, Public. Any sanitary sewer, storm sewer, open channel, water main, roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip or other facility for which the Village may ultimately assume the responsibility for maintenance and operation.

(84) Irrevocable Letter of Credit. An agreement guaranteeing payment for subdivision improvements, entered into 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, and which is approved, as to form, by the Village Attorney.

(85) Lake. Any body of water two (2) 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.

(86) Land Division. Any division or conveyance of land or an interest in land that results in the creation of one (1) or more additional lots or parcels, including, without limitation, any subdivision or minor land division. Notwithstanding the foregoing definition, the creation of any condominium shall be deemed to be a land division under this Chapter. A land division can be legally created or accomplished only be means of:

a. A preliminary and final plat approved by the Village as specified by this Chapter;

b. A certified survey map approved by the Village as specified in this Chapter; or

c. In the case of a condominium, by means of condominium instruments approved by the Village as specified in this Chapter.

(87) Landscape Bufferyard. See the definition for "Bufferyard."

(88) Landscaping. Living material, such as grass, groundcover, 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.

(89) Lateral, Sanitary Sewer Service. Pipes installed for conducting water to the lots of certified survey maps, subdivision plats, condominium plats, or other lots or parcels of land to larger sanitary sewer pipes, called "trunk", "interceptor" or "main" sewers which are oftentimes located within easements or rights-of-way.

(90) Lateral, Water Service. Pipes installed for conducting water to the lots of Certified Survey Maps, Subdivision Plats, Condominium Plats, or other lots or parcels of land from larger water mains which are often times located within easements or rights-of- way.

(91) Letter of Credit. An irrevocable written agreement guaranteeing payment for improvements, entered into by a bank, savings and loan, or other financial institution authorized to do business in the State of Wisconsin and which has a financial standing acceptable to the Village, which secures a subdivider's obligation to pay the cost of designing, constructing, and installing required public improvements and certain other obligations in connection with an approved land division or condominium.

(92) Local Street. A street of little or no continuity designed to provide access to abutting property and leading into collector streets.

(93) Lot. A parcel of land having frontage on a public street or other officially approved means of access, 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 this Chapter and any applicable zoning and shoreland/floodplain ordinance.

(94) Lot Area. The area contained within the exterior boundaries of a lot excluding streets, and land under navigable bodies of water.

(95) Lot, Buildable. A lot on which a principal building to be utilized for one (1) or more uses can be lawfully constructed.

(96) Lot, Corner. A lot abutting two (2) or more streets at their intersection provided that the corner of such intersection shall have an angle of one hundred thirty-five degrees (135°) or less, measured on the lot side.

(97) Lot Depth. The average dimension of a parcel measured from the rear lot line to the front lot line along each side yard setback.

(98) Lot, Double Frontage. A lot, other than a corner lot, with frontage on more than one (1) street. Double frontage lots shall normally be deemed to have two (2) front yards and two (2) 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.

(99) Lot, Flag. A lot, typically not meeting minimum frontage requirements and where access to a public street is by a narrow, private access easement, strip of land, or driveway.

(100) Lot Frontage. The front of a lot shall be that boundary of a lot along a public street; for a comer lot the owner may elect either street line as the front lot line.

(101) Lot Lines. The peripheral boundaries of a lot as defined herein. 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.

(102) Lot, Reversed Corner. A comer lot which is oriented so that it has its rear lot line coincident with or parallel to the side lot line of the interior lot immediately to its rear.

(103) Lot, Through. A lot having a pair of opposite lot lines along two (2) more or less parallel public streets and which is not a comer lot. On a "through lot," both street lines shall be deemed front lot lines.

(104) Lot Width. The horizontal distance between the side lot lines measured at the front setback lines.

(105) Major Thoroughfare. A street used or intended to be used primarily for fast or heavy through traffic. Major thoroughfares shall include freeways, expressways and other highways and parkways, as well as arterial streets.

(106) Master Plan. An extensively developed plan, map, or other document pertaining to planning and adopted by the Village Board or other agency which may pertain to the division of lands, including the Comprehensive Plan (Smart Growth Plan), the Official Map, comprehensive utility plans, and other planning documents (if available) including proposals for future land use, transportation, urban redevelopment and public facilities. Devices for the implementation of these plans, such as ordinances pertaining to zoning, official map, land division, and building development and capital improvement plans shall be considered as planning documents within this definition.

(107) Mini-Park. Mini-level, privately-owned outdoor recreation land areas (including playlots and totlots) serving a single subdivision or condominium plat, and generally containing less open space and natural resource oriented areas than typical "Neighborhood Level Public Outdoor Recreation Land." Mini-park level private outdoor recreation lands are typically less than five (5) acres in area but a minimum of twenty thousand (20,000) square feet in area and are located within short walking distances of home (generally less than one-quarter mile). These areas provide sufficient useable land area meeting the standards set forth in this Chapter for mini- parks. These areas are equipped with safe and creative play devices, landscaping, and suitable groundcover improvements and can include picnicking areas, play equipment areas, open play areas, and other small passive activity areas.

(108) Minor Land Division (Certified Survey Map). 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 (2), but not more than four (4), parcels or building sites, any one of which is less than thirty-five (35) acres in size; or the division of a block, lot or outlot within a recorded subdivision plat into not more than four (4) parcels or building sites without changing the exterior boundaries of said block, lot, or outlot. A certified survey map may be used to change the boundaries of lots and outlots within a recorded plat or recorded, certified survey map if the redivision does not result in a subdivision or violate a local subdivision regulation. A certified survey map may not alter the exterior boundary of a recorded plat, areas previously dedicated to the public or a restriction placed on the platted land by covenant, by grant of an easement or by any other manner.

(109) Minor Street. A street used, or intended to be used, primarily for access to abutting properties; also referred to as a "local street." 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 five hundred (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 two hundred fifty (250).

(110) National Map Accuracy Standards. 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.

(111) Natural Resources. Areas of steep slopes, woodlands and forests (mature and young), lakes, ponds, streams, shore buffer, floodplains, floodlands, wetlands, and shoreland-wetlands as defined in this Chapter.

(112) Natural Resource Protection Plan. A written plan for landscaping.

(113) Natural Resource Protection Standard. 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, easement, protective covenant, zoning, or a combination thereof.

(114) Navigable Stream. Any stream capable of floating any boat, skiff, or canoe of the shallowest draft used for recreational purposes.

(115) 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 annual recurring basis [Muench v. Public Service Commission, 261 Wis. 2d 492 (1952) & DeGavnor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)].

(116) Non-Earth Materials. Materials other than earth, clay, soil, ground, stones, and rock.

(117) Objecting Agencies. An agency empowered to object to a subdivision plat pursuant to Chapter 236, Wis. Stats. The Village may not approve any plat upon which an objection has been certified until the objection has been satisfied. The objecting agencies include the Wisconsin Department of Administration, Wisconsin Department of Safety and Professional Services, Wisconsin Department of Transportation, and the County Planning Agency.

(118) Official Map. A map indicating the location, width, and extent of existing and proposed streets, highways, waterways, parkways, required rights-of-way, public transit facilities, parks, playgrounds, and other facilities, as adopted by the Village Board pursuant to Section 62.23(6), Wis. Stats.

(119) Open Space. 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 and enjoyment of owners and occupants of land adjoining or neighboring such open space. Land that is to be used primarily for resource protection, agriculture, recreational purposes, or otherwise left undisturbed and specifically excluding road rights-of-way and lots. Open space land shall not be occupied by nonrecreational buildings, roads, drives, public rights-of-way, or off-street parking areas for nonrecreational uses. Land located within the yards or lots of residential and/or nonresidential properties is not considered open space unless it is deed restricted for open space protection or natural resource features protection. Where lots are above the minimum sizes required and the excess lot area is deed restricted to open space uses it may be counted as open space.

(120) Open Space, Common. Open space within or related to a development, neither individually owned nor dedicated for public use but typically owned by a property owners' association, which is designated and intended for the common use and/or enjoyment of the residents of the development, and which is accessible and usable by all persons who occupy a principal use within the development.

(121) Open Space, Deed Restricted. Deed restricted open space on platted "lots" is not occupied by any principal or accessory buildings or structures, roads, road rights-of- ways, or parking areas. Deed restricted open space on platted "outlots" is not occupied by non-recreational 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.

(122) Open Space, Private. An open space area privately owned by a natural person, individual, firm, association, syndicate, partnership, private corporation, limited liability entity, public or quasi-public corporation, or combination of these having legal title to the open space area.

(123) Open Space, Public. 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 recreation or conservation uses.

(124) Ordinary High Water Mark. 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, or other easily recognized characteristics.

(125) Outlot. A parcel of land, other than a lot, so designated on a plat or certified survey map and which is not intended for building or structure development, in the proposed land division. 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 (1) or more other adjacent outlots or lots in adjacent subdivisions or minor land divisions in the future for the purpose of creating buildable lots. Section 236.13(6), Wis. Stats., prohibits using an outlot as a building site unless it complies with all the requirements imposed for buildable lots. The Village shall generally require that any restrictions related to an outlot be included on the face of the preliminary plat, final plat or certified survey map.

(126) Owner. Includes the plural as well as the singular and may mean either a natural person, firm, association, syndicate, partnership, private corporation, limited liability entity, 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 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 (2) 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.

(127) Parcel. Contiguous lands under the control of a subdivider whether or not separated by a combination of streets, exterior subdivision boundary lines, streams, or other water bodies. A single piece of land separately owned, either publicly or privately, and capable of being conveyed separately.

(128) Park, Private. An outdoor recreation park privately owned by a natural person, individual, firm, association, syndicate, partnership, private corporation, public or quasi-public corporation, or combination of these having legal title to the outdoor recreation park.

(129) Park, Public. An outdoor recreation park conveyed or otherwise dedicated to a local government, municipal agency, public school district, state or county agency, or other public body for recreation or conservation uses.

(130) Pedestrianway. A public way that is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.

(131) Person. Shall mean any of the following entities: natural persons, corporations, partnerships, associations, limited liability companies, firms, bodies politic, joint ventures, joint stock companies, public or private corporations, the United States, the State of Wisconsin, including any unit or division thereof, any county, city, village, town, municipal utility, municipal power district, or other governmental unit, cooperative, estate, trust, receiver, executor, administrator, any other fiduciary, any representative appointed by order of any court or otherwise acting on behalf of others, or any other entity of any kind which is capable of being sued (includes singular as well as plural).

(132) Plan Commission. The Plan Commission created by the Village Board pursuant to Section 62.23, Wis. Stats.

(133) Planned Unit Development (PUD). A form of development usually characterized by a unified site design for a number of housing units. The concept usually involves clustering of buildings, providing common open space, and mixing different types of housing (single family, duplexes, and multi-family). Ordinances permitting planned unit developments permit planning a project and calculating densities for the entire development rather than on an individual lot by lot basis. It is hereby declared that regulating planned unit developments requires greater involvement of public officials in site plan review and development aspects of both zoning and land division regulation since such developments require exceptions from both types of regulation.

(134) Plat. The map, drawing or chart on which the subdivider's land division or condominium is presented to the Village for approval.

(135) Pond. All bodies of water less than two (2) acres in area as measured by the shoreline at its maximum condition rather than the permanent pool condition, if there is any difference.

(136) Preliminary Plat. A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration pursuant to the requirements of Ch. 236, Wis. Stats., the Comprehensive Plan, and this Chapter.

(137) Protective Covenants. Contracts entered into between private parties or between private parties and public bodies pursuant to Sec. 236.293, Wis. Stats., which constitute a restriction on the use of all private or platted property within a sub- division for the benefit of the public or property owners and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

(138) Public Way. Any public road, street, highway, walkway, drainageway, or part thereof.

(139) Recreation Land, Community Level Public Outdoor. 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 playfield (which may be associated with a school), picnicking, swimming, recreational trails, and passive activity areas, etc. Such recreational land typically serves an area with a radius of from about two (2) to ten (10) miles and provide sufficient useable land area per capita to meet the standards set forth in the adopted Comprehensive Plan or element thereof. The size of such areas typically ranges from twenty (20) to ninety- nine (99) acres in area.

(140) Recreation Land, Neighborhood Level Public Outdoor. 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 playfield (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 one-half (0.5) to two (2) miles and provides sufficient useable land area per capita to meet the standards set forth in the Comprehensive Plan or element thereof. The size of such areas are typically less than twenty (20) acres in area.

(141) Replat. The process of changing, or a map or plat which changes, the boundaries of a recorded subdivision plat, certified survey map, 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.

(142) Reservation. A geographically defined area of land or interest in land, identified on a subdivision plat, certified survey map, or condominium as having been temporarily set aside for possible future acquisition for public improvements, facilities, or uses. Such a reservation does not imply public ownership.

(143) Reserve Strip. Any land which would prohibit or interfere with the orderly extension of streets, bicycle or pedestrian ways, sanitary sewer, water mains, storm water facilities, or other utilities or improvements between two (2) abutting properties.

(144) Residential Dwelling Unit. A single family dwelling or part of a duplex, apartment, or other multiple family dwelling occupied by one (1) family or one (1) distinct set of inhabitants or occupants.

(145) Retention Basin. A man-made or natural body of water of a depth of not less than three (3) 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.

(146) Right-of-Way. A public way dedicated to the public for its intended use.

(147) Runoff. The rainfall, snowmelt, discharge pumping, or irrigation water flowing over the ground surface.

(148) Setback. Those minimum street, front, rear, and/or side yards required by the pertinent zoning codes governing the Village.

(149) Sewer Service Area. If the Village adopts such a classification, that portion of the Village and the area which has been designated by the Village Board as the area to which services required in urban areas shall be provided in a planned and orderly process, particularly those facilities which are placed on or in the land as part of the urban development process. Such services include, but are not limited to, public sanitary and storm sewers, water supply and distribution system, streets and highways.

(150) Shore Buffer. The area located within seventy-five (75) feet of the ordinary highwater mark of all navigable waters and parallel to that ordinary high water mark.

(151) Shorelands. Those lands within the following distances: one thousand (1,000) feet from the high-water elevation of navigable lakes, ponds and flowages or three hundred (300) feet from the high-water elevation of navigable streams or to the landward side of the 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 highwater mark thereof.

(152) Shoreland-Wetland. A wetland, as defined by this Chapter and pertinent shoreland- wetland ordinances, which is located within a shoreland area.

(153) Sidewalk. 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.

(154) Sketch Plan. A preliminary drawing, made to approximate scale, of a proposed land division for discussion purposes. Also called a "Concept Plan". See also Articles D and E of this Chapter.

(155) Slope. The degree of deviation of a surface from the horizontal, usually expressed in percent of degrees.

(156) Slope, Steep. Three (3) 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: ten to twenty percent (10-20%); twenty to thirty percent (20-30%); and greater than thirty percent (30%). No land area shall be considered a steep slope unless the steep slope area has at least a ten (10) foot vertical drop and has a minimum area of five thousand (5,000) square feet. Steep slopes exclude man-made steep slopes.

(157) Soil Mapping Unit . Soil type, slope, and erosion factor boundaries as shown on the operational soil survey maps prepared by the U.S. Soil Conservation Service of the U.S. Department of Agriculture.

(158) Stream. A course of running water, either perennial or intermittent, flowing in a channel.

(159) Street. A dedicated public way for pedestrians and vehicular traffic and utility access including but not limited to highways, arterials, collectors, parkways, through highways, roads, avenues, boulevards, lanes, places, and courts, and any pavements, turf, fixtures, facilities, structures, plantings, signs, and other elements of the right-of- way.

(160) Street Line. A line separating a lot, piece, or parcel of land from a street.

(161) Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having permanent location on the ground, excepting public utility fixtures and appurtenances.

(162) Subdivider. Any person, firm, corporation, agent, partnership, or entity of any sort, which divides or proposes to divide, by plat, minor subdivision, certified survey map, or replat land in any manner, including such heirs and assigns as may be responsible for the obligations of the subdivider under the provisions of this Chapter. For purposes of this Chapter, "subdivider" shall also mean and include condominium developers.

(163) Subdivider's Agreement. An agreement by which the Village and Subdivider/Developer or condominium developer (as applicable) 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 Agreement shall not come into effect unless and until an Irrevocable Letter of Credit or other appropriate surety has been issued to the Village. Also called a "Developer's Agreement."

(164) Subdivision. The division of a lot, parcel or tract of land by the owner(s) thereof or the owner's agent for the purpose of sale or of building development where:

a. The act of division creates five (5) or more parcels, lots or building sites of ten (10) acres each or less in area; or

b. Five (5) or more parcels, lots or building sites of ten (10) acres each or less in area are created by successive divisions within a period of five (5) years.

(165) Subgrade. The natural ground lying beneath a road.

(166) Surety Bond. 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.

(167) Tree. Any self-supporting, woody plant together with its root system, growing upon the earth usually with one (1) trunk, or a multi-stemmed trunk system, supporting a definitely formed crown.

(168) Tree, Canopy. 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.

(169) Tree, Street. A tree adjacent to a public place, street, special easement, or right-of- way adjoining a street. (See also Title 6, Chapter 4 of this Code of Ordinances).

(170) Tree, Understory. 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.

(171) Trip. A single or one-way vehicle movement to or from a property.

(172) Unit. See definition of "Condominium Unit."

(173) Village. The Village of Edgar, Marathon County, Wisconsin.

(174) Village Engineer. A Wisconsin-registered professional engineer who is a consultant to or employee of the Village, or a consulting engineer or engineering who provides staff services to the Village, not the subdivider/applicent, and is appointed by the Village Board. References herein to "Village Engineer" may also mean that certain tasks may be performed by the Building Inspector, Public Works Director or other Village officials.

(175) Village Planner. A professional land use planner who is a consultant to or employee of the Village, or a consulting professional planner or firm, who provides planning services to the Village, and is appointed by the Village Board.

(176) Watercourse. A permanent or intermittent stream channel.

(177) Wetland. 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. [Sec. 23.32(1), Wis. Stats.]

(178) Wisconsin Administrative Code. The rules of administrative agencies having rule- making authority in Wisconsin, published in a loose-leaf, continual revision system, as directed by Sec. 35.93 and Chapter 227, Wis. Stats., including subsequent amendments to those rules.

(179) Woodland, Mature. An area or stand of trees whose total combined canopy covers an area of one (1) acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (DBH) of at least ten (10) inches; or any grove consisting of eight (8) or more individual trees having a DBH: of at least twelve (12) inches whose combined canopies cover at least fifty percent (50%) of the area encompassed by the grove. However, no trees grown for commercial purposes shall be considered a mature woodland.

(180) Woodland, Young. An area or stand of trees where:

a. Total combined canopy covers an area of one-half (0.5) acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (DBH) of at least three (3) inches; or

b. Clusters of six (6) or more trees of at least four (4) inches diameter at breast height (DBH) with a total combined canopy cover of an area of five thousand (5,000) square feet or more. (Note: No trees grown for commercial purposes shall be considered a young woodland).

(181) Zoning District. As defined in the appropriate zoning code and accompanying maps as amended.

(182) Zoning Permit. The permit required by this Chapter and pertinent zoning codes before the erection, reconstruction, enlargement, or moving of any building or structure, or use of a structure, land, or water where such erection or use complies with all provisions of this Chapter.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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