Chapter 17.10


17.10.010    General definitions.

17.10.020    Specific words and phrases.

17.10.010 General definitions.

For the purposes of this title, the following definitions shall apply. Words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular. The word “shall” is mandatory. (2008 code § 18.02(1))

17.10.020 Specific words and phrases.

“Advisory agency” means any agency, other than an objecting agency, to which a plat or certified survey advisory agency may give advice to the Town 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 East Troy Town Board or on the Town Plan Commission. Examples of advisory agencies include the Walworth County Land Conservation Committee, the Southeastern Wisconsin Regional Planning Commission, and local utility companies.

“Alley” means a special public way affording only secondary access to abutting properties.

“Arterial street” means 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.

“Back lot development” means the practice whereby a lot, out lot, or common open space is used for waterfront access by a large number of lots located away from the water body; also known as “lot pyramiding,” “keyhole development,” and “development funneling.”

“Basement” means an area below the first floor, having part but no more than one-half of its height above grade.

“Block” means a tract of land bounded by streets, or a combination of streets, public parks, cemeteries, railroad rights-of-way, bulkhead lines, shorelines of waterways, and city, village or town boundaries.

“Building” means any structure having a roof supported by columns or walls.

“Building line” means a line parallel to a lot line and at a distance from the lot line to comply with the building setback requirements of the Walworth County Zoning Ordinance.

Building Setback Line. See “Building line.”

“Collector street” means a street used, or intended to be used, to carry traffic from minor streets to the system of arterial streets, including the principal entrance streets to residential developments.

“Comprehensive plan” means the extensively developed plan adopted by the Town Plan Commission and certified to the Town Board pursuant to Wis. Stat. §§ 60.22(3), 61.35 and 62.23, and defined in Wis. Stat §§ 66.1001(1)(a) and (2). The comprehensive plan entitled “A Comprehensive Plan for the Town of East Troy: 2035” was adopted in Town Ordinance 2010-34 pursuant to Wis. Stat. § 66.1001(4)(c) and supplements, enhances, and complements the Town Board’s prior enactment of an ordinance adopting “A Multi-Jurisdictional Comprehensive Plan for Walworth County: 2035” which is included in this definition.

“Condominium” means property subject to a condominium declaration as defined, regulated, and established under Wis. Stat. Ch. 703. A condominium is a legal form of ownership, and not a specific building type or style.

“County Planning Agency” means the Walworth County Planning, Zoning, and Sanitation Committee, authorized by statute to plan land use within Walworth County.

“Cul-de-sac street” means a local street with only one outlet and having an appropriate turnaround for vehicular traffic.

“Final plat” means a map prepared in accordance with the requirements of Wis. Stat. Ch. 236, the Walworth County Subdivision Control ordinance, and this title 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.

“Floodlands” means those lands, including the floodplains, floodways, and channels, subject to inundation by the 100-year recurrence interval flood or, where such data is not available, the maximum flood of record.

“Floor area, first” means the square foot area of a dwelling unit on its lowest floor completely above grade, excluding the basement or cellar, measured from the exterior faces of the walls, including fully enclosed porches, but excluding open porches, breezeways, terraces, exterior stairways, and garages.

“Floor area, total” means the sum of the areas of the several floors of a dwelling unit, as measured from the exterior faces of the walls, including fully enclosed porches, but excluding open porches, breezeways, terraces, exterior stairways, garages, basements, cellars, and attics.

“Frontage street” means 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 groundwater elevation” means 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.

“High water elevation (surface water)” means 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 lineup 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.

“Irrevocable letter of credit” means 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 the state of Wisconsin and which has a financial standing acceptable to the Town, and which is approved, as to form, by the Town Attorney.

“Lot” means 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 sufficient in size to meet lot width, lot frontage, lot area, yard, parking area, and other open space provisions of the Walworth County Zoning Ordinance.

“Lot, corner” means 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.

“Lot, double frontage” means 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.

“Lot, flag” means a lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way which is part of the lot.

“Lot, frontage” means the smallest dimension of a lot abutting a public street measured at the street right-of-way line.

“Lot, interior” means a lot other than a corner lot, with frontage on one street.

“Lot, reverse frontage” means a double frontage lot which is not accessible from one of the streets on which it fronts.

“Mean sea level datum” means Mean Sea Level Datum, 1929 Adjustment, as established by the U.S. Coast and Geodetic Survey.

“Minor street” means a street used, or intended to be used, primarily for access to abutting properties.

“Minor subdivision” means the division of land by the owner or subdivider resulting in the creation of not more than three parcels or building sites, any one of which is 15 acres or less in area, or the division of a block, lot, or outlot within a recorded subdivision plat into not more than three parcels or building sites without changing the exterior boundaries of said block, lot or outlot. Such minor subdivisions may be made by a certified survey map.

“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.

“National Map Accuracy Standards” means 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. These standards have been fully reproduced in Appendix D of SEWRPC Technical Report No 7, Horizontal and Vertical Survey Control in Southeastern Wisconsin.

“Navigable stream” means any stream with levels of flow sufficient to float any boat, skiff, or canoe of the shallowest draft, used for recreational purposes on an annually recurring basis, as determined by the Wisconsin Department of Natural Resources.

“Objecting agency” means an agency empowered to object to a subdivision plat pursuant to Wis. Stat. Ch. 236. The Town of East Troy may approve any plat upon which an objection has been certified until the objection has been satisfied. The objecting agencies may include the Wisconsin Department of Administration, the Wisconsin Department of Commerce, the Wisconsin Department of Transportation (WisDOT), the Wisconsin Department of Natural Resources (DNR), and the Walworth County Planning, Zoning, and Sanitation Committee.

“Outlot” means a parcel of land, other than a buildable lot or block, so designated on the plat, but not of standard lot size, which can be either redivided into lots or combined 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.

“Preliminary plat” means 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.

“Public improvement” means 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 county or Town may ultimately assume the responsibility for maintenance and operation.

“Public sanitary sewerage” means a water disposal system providing conveyance, treatment, and final disposal of wastes from users who all have equal rights to the benefits of the utility, which is owned and operated by a legally established governmental body; except that sanitary sewerage systems operated by a lake or sanitary district are intended to be used for remedial purposes and are not intended to be used for providing sanitary sewerage services to new land divisions.

“Public way” means any public road, street, highway, walkway, drainage way or part thereof.

“Replat” means the process of changing, or the plat or map which changes, the boundaries of a recorded subdivision plat, certified survey map, or part thereof. The division of a large block, lot, or outlot within a recorded subdivision plat or certified survey map, without changing the exterior boundaries of said block lot or outlot, is not a replat.

“Restrictive covenant” means a restriction, also known as a deed restriction, on the use of land; usually set forth in the deed. A restrictive covenant usually runs with the land and is binding upon subsequent owners of the property. Restrictions as set forth on a deed include, but are not limited to: a restrictive covenant, conservation easement, transfer of development rights, or any restriction placed on undeveloped land as a condition for the division or development of the undeveloped land.

“Review specialist” means a professional engineer, registered in the state of Wisconsin, licensed land surveyor, or other professional retained or hired by the Town of East Troy, to represent the Town’s interests in all matters relating to engineering and surveying activities of persons, companies, or corporations developing or dividing land within the Town.

“Sanitary sewer district” means the area within and surrounding a city, village, or other municipality that is planned to be served with public sanitary sewerage facilities by the year 2035.

“Shorelands” means those lands, in the unincorporated areas of Walworth County, lying within the flowing distances; 1,000 feet from the high water elevation of navigable lakes, ponds, and flowages of 300 feet from the high water elevation of navigable streams or to the landward side of the floodplain, whichever is greater.

“Soil mapping unit” means soil type, slope, and erosion factor boundaries as shown on the operational soil survey maps prepared by the U.S. Soil Conservation Service.

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

“Subdivider’s agreement” means an agreement, also known as a developer’s agreement, by which the Town and the subdivider agree in reasonable detail as to all of those matters which the provisions of these regulations permit to be covered by the subdivider’s agreement. The subdivider’s agreement shall not come into effect unless and until an irrevocable letter of credit or other appropriate surety has been issued to the Town.

“Subdivision” means the division of a lot, parcel or tract of land by the owners thereof, or their agents, or a subdivider, for the purpose of transfer of ownership or building development where the division creates four or more parcels or building sites of 15 acres each or less in area; or where the act of division creates four or more parcels or building sites of 15 acres each or less in area by successive division within a period of five years.

“Surety bond” means a bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled by the subdivider.

“Town Engineer” means a professional engineer, registered in the state of Wisconsin, hired by the Town of East Troy, to represent the Town’s interests in matters relating to engineering and surveying activities of persons, companies, or corporations developing or dividing land within the Town of East Troy.

“Wetland” means 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.

“Wisconsin Administrative Code” means the rules of administrative agencies having rule-making authority in Wisconsin, including subsequent amendments to those rules.

“Wisconsin Statutes” shall refer to the 1995-1996 Wisconsin Statutes and all future modifications thereof, which shall be automatically deemed adopted and incorporated by reference. All definitions contained in the Wisconsin Statutes or in the Wisconsin Administrative Code, which are not inconsistent with the provisions of this title, are adopted by reference. (Ord. 2016-2 § 1; Ord. 2010-26 § 1. 2008 code § 18.02(2))