§ 45-21. Same—Specific words and phrases.

Alley. A special public right-of-way affording only secondary access to abutting properties.

Arterial street or highway. A public street or highway used or intended to be used primarily for the fast or heavy through traffic. Arterial streets and highways include freeways and expressways, state trunk and county trunk highways, and other heavily traveled streets and parkways.

Block. A tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shorelines of waterways or corporate boundary lines.

Building. 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.

Building line. A line parallel to a lot line and at a distance from the lot line to comply with the yard requirements of the village zoning ordinance.

Certified survey map. A map of a land split prepared in accordance with W.S.A., § 236.34.

Channel. A natural flow or artificial watercourse with definite bed and banks to confine normal flow of water.

Collector street, A street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets. A collector street includes the principal entrance streets to residential developments.

Commission. The village planning commission of the Village of Mukwonago.

Comprehensive plan. Any extensively developed plan, also called a master plan, prepared by and adopted by the Southeastern Wisconsin Regional Planning Commission, the County Park and Planning Commission, a city, village, or town planning commission, and certified to the county board pursuant to W.S.A., §§ 66.945, 59.97, and 62.23, 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 plan.

Condominium. A building, or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all owners on a proportional, undivided basis. It is a legal form of ownership of real estate and not a specific building type or style.

County park and planning commission. The planning commission created by the county board of supervisors pursuant to W.S.A., § 59.97, and authorized to plan land use within the county.

Cul-de-sac street. A minor street closed at one end with a turnaround provided for vehicular traffic.

Deep absorption system. A soil absorption sewage system for disposal of effluent through the bottom and sides of a hole or trench at a depth of more than three feet below the natural undisturbed surface.

Development. Any new use, change of use, and any change of use to improved or unimproved real estate including, but not limited to, the construction of buildings, structures, or accessory structures; any placement of mobile homes, the construction of additions, or substantial alterations to buildings, structures, or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation, or drilling operations; and the deposition or extraction of earthen materials, public or private sewage disposal systems, or water supply facilities.

Developer's agreement. An agreement by which the village and the developer or subdivider agree in reasonable detail to all of those matters which are permitted to be covered by the developer's agreement. The developer's agreement shall not take effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the village.

Drainage system. One or more artificial ditches, tile drains, or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Duplex. A detached building designed or used exclusively as two connected single-family residences, but does not include boarding or lodginghouses, motels, hotels, tents, cabins, or mobile homes.

Dwelling. A detached building designed or used exclusively as a single-family residence or sleeping place, but does not include boarding or lodginghouses, motels, hotels, tents, cabins, or mobile homes.

Environmental corridor. Those lands containing concentrations of scenic. recreational, and other natural resources as identified and delineated in the comprehensive planning program of the Southeastern Wisconsin Region by the Southeastern Wisconsin Regional Planning Commission. These natural resources and resource-related elements include lakes, rivers, and streams, together with their natural floodplains; wetlands; forests and woodlands; wildlife habitat areas; rough topography; significant geological formations; wet or poorly drained soils; existing outdoor recreation sites; potential outdoor recreation and related open space sites; historic sites and structures; and significant scenic areas or vistas.

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

Extraterritorial plat app royal jurisdiction. The unincorporated area within one and one-half miles of the village.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas caused by:

(1)

The overflow or rise of inland waters;

(2)

The rapid accumulation or runoff of surface waters from any source; and

(3)

The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Floodlands. For the purpose of this chapter, the floodlands are all lands contained in the "regional flood" or 100-year recurrence interval flood.

Frontage. The smallest dimension of a lot abutting a public street measured along the street right-of-way line. For lots abutting a lake or stream, the smallest dimension measured along the shoreline.

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.

High water elevation. "Ordinary high water mark" means 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 characteristic.

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 (or town if extraterritorial jurisdiction is involved) may ultimately assume the responsibility for maintenance and operation.

Irrevocable letter of credit. An agreement guaranteeing payment for subdivision or certified survey map improvements, entered into by a bank, savings and loan or other financial institution which is authorized to do business in the state of Wisconsin and which has a financial standing acceptable to the village board. The irrevocable letter of credit must be approved as to form by the village attorney.

Land use. Any nonstructural use made of unimproved or improved real estate. (Also see 'development.")

Land user. Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

Landowner. Any person having title to or having an interest in land.

Lot. For purpose of this chapter, a lot shall be defined as a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street and should not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes should be included in the computation of lot size.

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 size.

Lot, double frontage. A lot which has a pair of opposite lot lines along two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. In the case of two or more contiguous through lots, there shall be a common front lot line.

Lot lines and area. The peripheral boundaries of a parcel of land and the total area lying within such boundaries.

Lot width. The width of a parcel of land measured at the setback line.

Mean sea level datum. Mean sea level datum, 1929 Adjustment, as established by the U.S. Coast and Geodetic Survey.

Minor street. A street used, or intended to be used, primarily for access to abutting properties.

Minor subdivision. The division of land by the owner or subdivider resulting in the creation of not more than four parcels or building sites, any one of which is five acres in size or less, or the division of a block, lot, or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot, or outlot.

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.

Navigable waters. Lake Superior, Lake Michigan, 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 the boundary waters, which are navigable under the laws of this state.

Outlot. A parcel of land, other than a lot or block, so designated on the plat.

Preliminary plat. A map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

Public way. Any public road, street, highway, walkway, drainageway, or part thereof.

Regional flood. The flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once every 100 years; this means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence.

Replat. 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 without changing exterior boundaries of said block, lot, or outlot is not a replat.

Setback or street yard. A yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel thereto through the nearest point of the principal structure. Corner lots and double frontage lots have two such yards.

Shorelands. Those lands lying within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond, or flowage; and 300 feet from a river or stream; or to the landward side of the floodplain, whichever distance is greater. Shorelands shall not include those lands adjacent to farm drainage ditches where (a) such lands are not adjacent to a navigable stream or river; (b) those parts of such drainage ditches adjacent to such lands were nonnavigable streams before ditching or had no previous stream history; and (c) such lands are maintained in nonstructural agricultural use.

Shorelines. The intersection of the land surfaces abutting lakes, ponds, streams, flowages, and wetlands with the average high water elevation.

Soil mapping unit. Soil types, slopes, and erosion factors delineated on detailed operational soil survey maps prepared by the U.S. Soil Conservation Service.

Street. A public right-of-way not less than 50 feet wide providing primary access to abutting properties. All new streets within the village are required to be a minimum of 66 feet wide or wider.

Subdivider Any person, firm, or corporation, or any agent thereof, dividing or proposing to divide land, resulting in a subdivision, minor subdivision, or replat.

Subdivision. The division of a lot, outlot, parcel, or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates five or more parcels or building sites of five acres each or less in area; or where the act of division creates five or more parcels or building sites of five acres each or less in area by successive division within a period of five years.

Surety. Whenever the terms "surety," "surety bond," or "bond" are used in this chapter, such terms shall describe only an irrevocable letter of credit or a cash bond as approved by the village attorney.

Utilities. Public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays, and gas regulator stations, but not including municipal incinerators, warehouses, shops, and storage yards.

Village. The Village of Mukwonago.

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.

(Ord. No. 599, § 1(11-23), 5-6-97)

Cross reference

Definitions and construction of terms, § 1-2.