[HISTORY: Adopted by the Common Council of the City of Prescott 6-27-2011 by Ord. No. 02-11 (Title 14, Ch. 2, of the former City Code). Amendments noted where applicable.]
It is the intent of the Common Council to establish an Official Map for the purpose of conserving and promoting the public health, safety, convenience, economy, orderliness and general welfare of the community; to further the orderly layout in the use of land; to stabilize the location of real property boundary lines; to ensure proper legal description and proper monumenting of land; to facilitate adequate provision for transportation, parks, playgrounds and stormwater drainage; and to facilitate the further subdivision of larger tracts into smaller parcels of land.
This chapter is enacted under the authority granted by § 62.23(6), Wis. Stats.
The Official Map is hereby established for that part of the City of Prescott and those parts of the Town of Clifton, Pierce County and the Town of Oak Grove, Pierce County, lying within 1 1/2 miles of the corporate limits of said City.
The Official Map, together with all information shown thereon, shall be as much a part of this chapter as if fully set forth and described herein. The Official Map shall show the location and width of all platted and existing streets, highways, parkways, parks and playgrounds as heretofore laid out, adopted and established by law and shall also show the exterior lines, widening or extending of any existing, proposed or planned streets, highways, parkways, parks and playgrounds. The Official Map is deemed to be final and conclusive with respect to the location and width of streets, highways and parkways and the location and extent of parks and playgrounds shown thereon.
As set forth in § 62.23(6)(e), Wis. Stats., the street, highway or parkway systems shown on the Official Map may be shown as extending beyond the boundaries of the City of Prescott in extraterritorial areas.
The Common Council, whenever and as often as it deems necessary for the public interest, may change or add to the Official Map of the City so as to establish the exterior lines of planned new streets, highways, parkways, parks or playgrounds or to widen, narrow, extend or close existing streets, highways, parkways, parks or playgrounds. Such additions and corrections when adopted shall become a part of the Official Map and shall be deemed to be final and conclusive with respect to location and width of the streets, highways, and parkways and the location and extent of parks and playgrounds shown thereon.
The Common Council shall refer any change or addition to the Official Map to the City Plan Commission for review and report thereon prior to adoption. The City Plan Commission must report its recommendation to the Common Council within 60 days. In the event the City Plan Commission shall not make its report within 60 days of such reference, it shall forfeit the right to further suspend action.
A public hearing before the Common Council of parties in interest and citizens shall be required before any changes or additions to the Official Map are effective. At least 20 days' notice of said hearing shall be required by publication.
The locating, widening or closing or the approval of the locating, widening or closing of streets, highways, parkways, parks or playgrounds by the City under provision of law other than this section shall be deemed to be a change or addition to the Official Map and shall be subject to the provisions of this section, except that changes or additions made by a subdivision plat approved by the City under Ch. 236, Wis. Stats., shall not require the public hearing specified in Subsection C if the changes or additions do not affect any land outside the plat area.
For the purpose of preserving the integrity of such an Official Map, no permit shall hereafter be issued for any building in the bed of any street, highway or parkway shown or laid out on such map except as provided in this section.
Any person desiring to construct a building in the bed of a street, highway or parkway so shown as extended may apply to the authorized official of the City for a building permit. Unless such application is made and the permit granted or not denied within 30 days, such person shall not be entitled to compensation for damage to such building in the course of construction of the street, highway or parkway.
The applicant for such a permit shall submit to the City or Town Building Inspector with his application an accurate plot plan certified by a qualified surveyor showing the location of the proposed building with reference to any street, highway, parkway or park or playground shown on the Official Map.
No permit for the erection of any building shall be issued unless the street, highway or parkway giving access to such proposed structure has been duly placed on the Official Map. For purposes of this section, a street, highway or parkway shall be considered duly placed on the Official Map at the time that the governing body accepts such street, highway or parkway.
No public sewer or other municipal street utility or improvement shall be constructed in any street, highway or parkway until such street, highway or parkway is duly placed on the Official Map. For purposes of this section, a street, highway or parkway shall be considered duly placed on the Official Map at the time that the governing body accepts such street, highway or parkway.
The Zoning Board of Appeals for the City of Prescott shall have the power to review any administrative decision of the City or Town Building Inspector denying a permit for the erection of a structure under this chapter and to give relief by granting variances and exceptions to the requirements of this chapter in the manner provided for under § 62.23(6)(d) through (h), Wis. Stats.
Before taking any action authorized in this section, the Zoning Board of Appeals shall follow the procedure set forth in § 62.23(6)(g), Wis. Stats.
A certified copy of the Official Map shall be kept in the office of the City Clerk and shall be available for 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 this chapter and shall show the date of original adoption of this chapter and shall be signed by the Mayor and countersigned by the City Clerk. Thereafter no change to or addition of a proposed street, proposed highway, proposed parkway, proposed park or proposed playground on the Official Map shall become effective until it shall have been indicated by the appropriate convention on the aforesaid certified copy of the Official Map and a certificate placed thereon or attached thereto bearing the number or date of adoption of the amendment. The certificate shall be signed by the Mayor and countersigned by the City Clerk. For purposes of this section, plats, certified survey maps and property transactions complying with applicable laws or ordinances do not require certification when being placed on the Official Map.
Upon adoption of the Official Map, it shall be the duty of the City Clerk to immediately file with the Pierce County Register of Deeds a certificate showing that the City has established such Official Map.
The placing of any street, highway, parkway, park or playground line or lines upon the Official Map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street, parkway, park or playground or the taking or acceptance of any land for such purposes.
The Zoning Administrator shall have authority to enforce the provisions of this chapter.
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-4 of this Code.