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Municipal Code


Municipal Code

Chapter 19. Subdivision and Platting

Sec. 19-02. Definitions.

For the purpose of this chapter certain words and phrases used in this chapter are defined as follows:

(1) Alley means a public or private right-of-way shown on a plat, which provides secondary access to a lot, block or parcel of land.

(2) Arterial Street means a major and minor street which provides for the movement of relatively heavy traffic to, from or within the City.  It has a secondary function of providing access to abutting land and to collector and minor streets.

(3) Bike route means any portion of a roadway or trail specifically designated for use by bicycles.

(4) Block means an area of land within a subdivision that is entirely bounded by a combination of streets, exterior boundary lines of the subdivision and streams or water bodies.

(5) Boundary street means a street which is dedicated as part of a plat or map and the remainder of the right-of-way is outside the subject plat or map.

(6) Buildable Area means the available space on a parcel that is suitable for the development of structures and does not include floodplains, wetlands, slopes equal to, or greater than, twenty-five percent (25%), and setbacks.

(7) Building Line or Building Setback Line means 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 City of Marshfield Zoning Code, or any restriction on the plat which identifies a line on the plat as a building setback line.

(8) Collector street means a street which carries traffic from local streets to the system of major and minor arterials and includes the principal entrance streets to residential developments and streets for circulation within such developments.

(9) Comprehensive Plan means the long-range master plan for the desirable use and development of land in the City as officially adopted and as amended from time to time by the Plan Commission and approved by to the Common Council.

(10) Concept Plan means a preliminary drawing, made to approximate scale, of a proposed land division for discussion purposes.

(11) Cul-de-sac street means a local street with only one outlet which terminates in a turnaround for the reversal of traffic.

(12) Dead-end street means a street that has only one end with access to a street system opened to traffic and does not have a turnaround.

(13) Dedications means a conveyance of private property for a public use.

(14) Development means any subdivision of land; any consolidation or accumulation of tracts of land; any material change in the use or appearance of any lot of land; any activity that affects lot lines, easement locations, number of lots, setback, locations of structures, dedications of streets or utilities; or the act of building buildings, structures or improvements on, in, under or over land.

(15) Development Review Team means a partnership amongst the City departments: Planning and Economic Development Department, Department of Public Works, Engineering Division, Building Services Division, Marshfield Utilities, Fire Department, and such other departments as determined by the Planning and Economic Development Department to meet with developers of proposed large scale development and serve as the basis for discussions between the developer, the Planning Department, and other City representatives for the purpose of an orderly and efficient review of the proposed plans.

(16) Director means the director of regional planning and community assistance, Wisconsin Department of Administration, or such other official as may be delegated by law to approve plats at the state level.

(17) Division of Land means splitting of a lot, parcel or tract of land by the owner thereof or the owner's agent for any purpose, including sale or development.

(18) Drainageway means an open area of land, either in an easement or dedicated right-of-way, the primary purpose of which is to carry stormwater.

 (19) Easement means granting a legal right for the specific use of land owned by others.

(20) Extraterritorial plat approval jurisdiction means the unincorporated area within three miles of the corporate limits of the city.

(21) Final Plat means the final drawing of the subdivision and dedication prepared for filing for record with the county register of deeds and containing all elements and requirements set forth in this chapter.

(22) Flag lot means a lot lacking the requisite minimum lot width or frontage on an existing or proposed street, having direct access to the street through a narrow leg or land where access to a road is provided along the long, narrow "flag pole" and the usable land itself is the rectangular flag at the end of the pole.

(23) Floodplain means land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes.

(24) Frontage street means a street which is parallel with and adjacent to a primary arterial street and which provides access to abutting properties and protection from through traffic.

(25) Greenway means a parcel of land containing a natural waterway or drainageway intended to be used in whole or in part for open space, surface drainage, parks, recreation, utilities, streets or any other purpose deemed by the city to be for the public good or welfare.

(26) Holding tank means an approved watertight receptacle for the retention of raw sewage.

(27)  Landing means a platform adjacent to a doorway or entrance of a structure that if placed within any required yard setback, cannot exceed a five (5) foot by five (5) foot dimension. 

(28) Local street means a street which is used primarily for access to abutting properties.

(29) Lot means a parcel of land having frontage on a public street occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other open space provisions of this chapter and any applicable zoning ordinance.

(30) Lot Line Adjustment means an adjustment or relocation of property line(s) between adjacent lots or a combination of one or more lots that does not result in the creation of additional lots and where the existing lot is not reduced in size below standards identified in the zoning ordinance or below minimum lot design standards of this chapter.

(31) Lot Line Adjustment Survey means a plat of survey prepared by a registered land surveyor to accomplish the alteration of existing property boundaries.

(32) Map means a visual representation illustrating the spatial relationship of a given area.

(33) Official Map meaning a map indicating the location, width, and extent of existing and proposed streets, highways, drainageways, parks, playgrounds, and other facilities, as adopted by the Common Council pursuant to ch. 62, Wis. Stats.

(34) Outlot means a parcel of land, other than a lot, so designated on a plat or certified survey map and does not meet the requirements of a lot, which is not intended for building or structure development in the proposed land division.

(35)  Parcel means any area of land as shown on the last assessor's roll of the county or the records of the City.

(36) Partial street means a street in a subdivision in which part of the right-of-way is within the subdivision but the rest of the right-of-way is not dedicated to the public.

(37) Plat means the drawing required for a major subdivision.

(38) Preliminary Plat means a drawing with supporting data, indicating the proposed layout of the subdivision to be submitted to the Plan Commission for its consideration as to compliance with the Comprehensive Plan and these regulations along with required supporting data.

(39)  Protective Covenants means 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 private or platted property within a subdivision for the benefit of the public or property owners and to provide mutual protection against undesirable aspects of development.

(40) Public Improvement means any sanitary sewer, water mains, storm sewer, streets, sidewalks, signage, pedestrian and bicycle trails, television cable lines, and utilities, including streetlights, gas, electrical power and telephone facilities.

 (41) Replat means 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 such block, lot or outlot is not a replat.

(42) Right-of-Way means property dedicated to the public for specific uses.

(43) Roadway means that portion of the street which is used for vehicular traffic.

(44) Setback means the minimum horizontal distance between the face edge of a building wall or structure, excluding steps and landings, and the property line in the same yard.

(45) Street means a right-of-way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however other-wise designated and includes all of the area between the roadway or right-of-way lines

(46) Structure means any man-made object with form, shape, and utility, either permanently or temporarily attached to, placed upon, or set into the ground.

(47) Subdivider means any person, or any agent thereof, dividing or proposing to divide land resulting in a subdivision.

(48) Subdivision, when used alone, shall include both major and minor subdivisions.

(49) Subdivision, major, means the division of a lot, parcel or tract of land by the owner or his agent for the purpose of sale or of building development, where

a.  The act of division creates five (5) or more parcels or building sites of one and one-half (1½) acres each or less in area; or

b.  The act of division creates five (5) or more parcels or building sites of one and one-half (1½) acres each or less in area within a period of five years.

(50) Subdivision, minor, means the division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or of building development where the act of division creates not more than four parcels or building sites, inclusive of the remaining parcel. This may include a block, lot or outlot in a recorded plat if the exterior boundaries of such block, lot or outlot are not changed. Parcels of property within a subdivision boundary being created by bisecting proposed or existing public streets may be shown as lots or outlots. These lots or outlots can be platted by means of a certified survey map if not more than four lots or outlots are created. The outlots may be further subdivided by means of a certified survey map if no more than four lots are created within an outlot. Outlots cannot be used for development purposes until platted by means of a major or minor subdivision as defined in this section.

(51) Subdivision, Large Lot, means the division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or of building rural development where the act of division creates parcels or building sites exceeding one and one-half (1 ½) acres in size.

(52) Trail means a multimodal route completely apart from a street and restricted to bicycle, pedestrian, and maintenance vehicle traffic and built to City design standards.

(53) Wetlands mean 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.

(Code 1982, 18.02; Ord. No. 1190, 2, 12-14-2010)