ARTICLE I: DEFINITIONS
Sec. 10-1-110 Definitions
In the construction of this Chapter, the definitions contained in this section shall be observed and applied except when the context clearly indicates otherwise.
Alley - A public or private right-of-way which provides secondary access to abutting properties.
Applicant - The Subdivider or Condominium Developer or the Subdivider's or Condominium Developer's agent.
Arterial Street - A street used, or intended to be used, primarily for fast or heavy through traffic. Arterial streets shall include freeways and expressways, as well as standard arterial streets, highways, and parkways.
Block - A group of lots existing within well-defined and fixed boundaries, usually being an area surrounded by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.
Bufferyard - 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. Bufferyards are typically defined by a delineated easement graphically indicated on the face of the Certified Survey Map, Subdivision Plat or Condominium Plat.
Building - A structure having a roof supported by columns or wall. When separated by division walls from the ground up and without openings, each portion of each building shall be deemed a separate building.
Certified Survey Map - As defined in Wisconsin Statutes, Section 236.34.
Channel - 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.
Collector Street - A street used, or intended to be used, to carry traffic from minor streets to the major system or arterial streets, including principal entrance streets to residential developments.
Condominium - A structure having two (2) or more dwelling units, each assigned to individual ownership, but located on a lot having common ownership and use arrangement.
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.
County - Reference to County shall mean Fond du Lac County and shall include any agency, department or committee thereof.
Critical Areas - Areas of steep slopes, woodlands and forest (mature and young), lakes, ponds, streams, shore buffer, floodplains, floodlands, drainageways, wetlands and shoreland wetlands as defined in the Zoning Ordinance of the Town of Empire.
Cul-de-sac Street - A minor street with only one outlet and having a turn around for the safe and convenient reversal of traffic movement.
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. storm sewer system or stream).
Development - 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.
Drainageway - The land on either side of and within fifty (50) feet of the centerline 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 (2) feet or the U.S. Geological Survey (USGS) 7.5-minute quadrangle topographic map of the area.
Easement - Authorization by a property owner for another to use the owner's property for a specified purpose.
Extraterritorial Plat Approval Jurisdiction - The unincorporated area within 1_ miles of a fourth-class city or village and within 3 miles of all other cities over which cities and villages may exercise plat approval, provided they have enacted an official map ordinance or subdivision control ordinance in accordance with Wisconsin Statutes, Section 236.10.
Final Plat - The map of plan of a subdivision and any accompanying material as described in Section 10-1-24 of this Chapter.
Flood of Record, Maximum - The highest recorded elevation of a recorded flood event.
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 the maximum flood of record.
Floodlands - Those lands, including the channels, floodways and floodplain fringe of any given reach, which are subject to inundation by the flood within a given recurrence frequency. The 100-year recurrence interval flood [or that flood having a one (1) percent probability of occurring in any given year] is generally used for zoning regulation. Other flood events used in this Chapter are the 50-year recurrence interval flood [or that flood having a two (2) percent probability of occurring in any given year] and the 10-year recurrence interval flood [or that flood having a ten (10) percent probability of occurring in any given year]. Where detailed flood data is not available, the maximum flood of record is used.
Frontage - The length of the front property line of the lot, lots or tract of land abutting the right-of-way of a public street road or highway.
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.
Grade - The slope of a road, street or other pubic way, specified in percent.
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 given a multi-colored effect.
High Water Elevation - 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.
Highway, Limited Access - A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property on lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over the trafficway.
Homeowners' Association - A Wisconsin non-profit membership corporation which serves as an association of homeowners within a Subdivision, Certified Survey Map, or Condominium having shared common interests, responsibilities with respect to 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.
Improvement, Public - Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, park, parkway, public access, sidewalk, pedestrian way, planting strip, off-street parking area or other facility for which the County or Town of Empire may ultimately assume the responsibility for maintenance and operation.
Land Division - The act or process of dividing land into two or more parcels.
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.
Lot - Designated parcel tract or area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit, and containing the minimum frontage, width, and area sufficient to meet building, parking, setback, open space, sanitary, or other requirements.
Lot Area - The total square footage lying within the peripheral boundaries of a parcel of land. In any zoning jurisdiction, the area of a lot specifically excludes:
Lot, Corner - A lot abutting two or more streets at their intersection, provided that the corner of such intersection shall have an angle of 135 degrees or less measured on the lot side.
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 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 non-recreational buildings, roads, drives, public right-of-way or off-street parking areas for non-recreational uses.
Subdivision, State - (Subdivisions satisfying this classification are subject to mandatory State review under Wisconsin Statutes, Section 236 in addition to Town of Empire review under this Chapter). The division of a lot, parcel or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development, where:
Town - Reference to town shall mean the Town of Empire including the Town Board, Town Clerk or any other designated Town Commission.
Sec. 10-1-111 through Sec. 10-1-119 Reserved for Future Use.