Ordinance #74

Zoning
Official Map to Reserve Future Streets - City of Delafield

Sec. 8.085 [Official Map to Reserve Future Streets and Parkways.]

(1) Intent. It is the intent of the Common Council to establish ail official map for the purpose of serving and promoting the public health, safety, convenience economy, orderliness and general welfare to the community; to further the orderly layout and use of land; to stabilize the location of real property boundary lines; to facilitate adequate provision for transportation, parks, playgrounds, and stormwater drainage; and to facilitate the further Subdivision on larger tracts into smaller parcels of land.

(2) Authority. This ordinance is enacted under the authority granted by Section(s) 62.23(6) of the Wisconsin Statutes.

(3) Official Map. The Official Map shall show the location and extent of all platted and existing streets, highways, parkways, parks, and playgrounds within the corporate and extraterritorial limits of the City of Delafield as heretofore, platted, laid out, adopted, and established by law. There is hereby established, as the Official Map of the City of Delafield, the map which accompanies and is made a part of this Ordinance bearing the date of June 1, 1998. This map is hereby designated as the "Official Map of the City of Delafield" and all notations, references, and other information shown thereon shall be as much a part of this Ordinance as though the matters and information thereon were fully described herein.

(4) Changes and additions.

(a) The Common Council may change or add to the Official Map as to establish the exterior lines, or widen, narrow, extend, or close any platted, existing, proposed, or planned streets, highways, parkways, parks or playgrounds.

(b) The Common Council shall refer any change or addition to the Official Map to the City Plan Commission for review and report their recommendation to the Common Council within sixty (60) days.

(c) A public hearing of parties in interest and citizens before the Common Council shall be required before any changes or additions to the Official Map are effective. At least twenty (20) days notice of said hearing shall be required by publication.

(d) Changes and additions made by duly approved subdivision plats shall not require the public hearing if the changes or additions do not affect any land outside the area being platted.

(5) Building permits.

(a) For the purpose of preserving the integrity of the Official Map, a building permit shall be required for any structure or part therefore that shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered. No permit shall hereafter be issued for any building in the bend of any existing or proposed street, highway, or parkway shown on the Official Map. No permit for the erection of any building shall be issued unless a street, highway, or parkway giving access to Such proposed structure has been duly placed on this map.

(b) The City Building Inspector may require each applicant for a building permit to submit a plan, prepared and certified by a registered land surveyor, showing accurately the location of any proposed building with reference to any street, highway or parkway shown on the Official Map.

(6) Municipal Improvements. No public sewer or other municipal street utility or improvement shall be constructed in any street, highway, or parkway within the corporate limits of the City of Delafield until such street, highway, or parkway is duly placed on the Official Map.

(7) Appeals. The Board of Zoning Appeals shall have the power to review any administration decision of the City Building Inspector to deny a permit for the creation of a structure under this ordinance and to grant relief from the requirements of this ordinance under the provision of Section 62.23(6)(d), (f), and (g) of the Wisconsin Statutes.

(8) Certification of Map. There shall be a certified copy of the Official Map described in Section 8.085. The certified copy shall be kept in the office of the City Clerk and shall be available for the inspection by any interested person during regular office hours. The certified copy shall bear on its face a certification that it is a true copy of the Official Map described in and accompanying this ordinance and shall show the date of adoption of this ordinance and shall be signed by the president and counter-signed by the City Clerk. Thereafter, no change or addition to such Official Map shall become effective until it shall have been indicated by the appropriate convention of the aforesaid certified copy of the Official Map and a certificate placed thereon or attached thereto, bearing the number and date of adoption of the amending ordinance. The certificate shall be signed by the Mayor and countersigned by the City Clerk.

(9) Recording of map. The City Clerk shall be responsible immediately upon adoption of the Official Map or any amendment thereto for recording a true copy of the amended Official Map with the Waukesha County Register of Deeds.

(10) Enforcement. It shall be the duty of the City Building Inspector to enforce the provisions of this Ordinance.

(11) Penalties.

(a) Any person, firm or corporation who fails to comply with the provisions of the Ordinance shall, upon conviction thereof, forfeit not more than two hundred dollars ($200) and not less than fifty dollars ($50) and cost of prosecution for each violation, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment therefor but not exceeding thirty (30) days.

(b) No damages shall be allowed for any building erected in violation of this ordinance, that is to be used by any governmental agency, for street, highway, and parkway purposed.