[HISTORY: Adopted by the Village Board of the Village of East Troy 2-15-2016 by Ord. No. 2016-01. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 520, but was renumbered for organizational purposes.
It is the intent of the Village Board to establish an official map as allowed by state law (1) for the purpose of serving and promoting the public health, safety, and general welfare of the community; (2) to further the orderly layout and use of land; (3) to facilitate the provision of transportation facilities, recreation facilities, stormwater facilities, and other public facilities; and (4) to facilitate the division of tracts of land into smaller parcels.
This chapter is enacted under the authority granted by § 62.23(6), Wis. Stats.
As used in this chapter, the following terms are defined as follows:
- AIRPORT AFFECTED AREA
- The area established by an agreement under § 66.1009, Wis. Stats. If a county, city, village or town has not established such an agreement, "airport affected area" in that county, city, village or town means the area located within three miles of the boundaries of an airport.
- Includes rivers, streams, creeks, ditches, drainage channels, watercourses, lakes, bays, ponds, impoundment reservoirs, retention and detention basins, marshes, and other surface water areas, regardless of whether the areas are natural or artificial.
The Official Map may show streets, highways, historic districts, parkways, parks and playgrounds laid out, adopted, and established by law. The Village may also include the location of railroad rights-of-way, public transit facilities, and waterways if such waterways are included in a comprehensive surface water drainage plan. The Official Map may depict any county facilities within the municipal boundary if so approved by the Walworth County Board of County Supervisors.
The Official Map shall show the location of any airport located within the municipal boundary of the Village and any airport affected area located within the municipal boundary of the Village.
The Official Map may depict streets, highways, waterways, railroad right-of-ways, public transit facilities, or parkways beyond the municipal boundary a distance equal to that within which the approval of land subdivision plats by the Village Board is required as provided by § 236.10(1)(b)(2), Wis. Stats.
The placing of any street, highway, waterway, parkway, railroad right-of-way, public transit facility, park or playground line or lines upon the Official Map does not constitute the opening or establishment of any street, parkway, railroad right-of-way, public transit facility, park or playground or alteration of any waterway, or the taking or acceptance of any land for these purposes.
All notations, references, and other information shown on the Official Map shall be as much a part of this chapter as though included herein.
Title. The Official Map shall be titled "Village of East Troy Official Map - Walworth County, Wisconsin."
Map series. The Official Map may consist of two or more maps when needed to clearly depict the features typically found on an Official Map. If a map series is used, each map in the series shall include a map number and name and a listing of all maps in the series (i.e., a map index).
Official Map. The Village Clerk shall maintain one paper copy of the Official Map which shall be signed by Village President and countersigned by the Village Clerk. If there is a discrepancy between this Official Map and other maps as may be made available, the map maintained by the Village Clerk shall control in all instances.
Availability. The Official Map maintained by the Village Clerk shall be available for public inspection during normal office hours. The Village Clerk and Zoning Administrator may post the Official Map on the Village's website and otherwise make and distribute copies in a manner deemed appropriate.
Preparation of a new Official Map. In the event the Official Map maintained by the Village Clerk is damaged, lost, or destroyed and after each amendment, the Zoning Administrator shall notify the Village Board and shall prepare a new Official Map and submit it to the Village President and Village Clerk for signature.
History of amendment. The Official Map may include a table showing recent amendments that have been made, indicating the ordinance number and date of action.
Archive of superseded maps. The Village Clerk may maintain a permanent archive of superseded Official Maps.
No building permit shall hereafter be issued for any building in the bed of any existing or proposed street, highway, drainageway, or parkway shown on the Official Map. The building inspector may require each applicant for a building permit to submit a plan, prepared and certified by a professional land surveyor, showing accurately the location of any proposed building with reference to any street, drainageway, or parkway shown on the Official Map.
No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure is depicted on the Official Map.
No division of land regulated under Chapter 495 of the Municipal Code shall be approved unless such division conforms to the Official Map.
No public sewer or other municipal street utility or improvement shall be constructed in any street, highway, or parkway within the municipal limits until such street, highway, or parkway is depicted on the Official Map.
The Village Clerk shall immediately record a certificate with the Walworth County register of deeds showing the Village has adopted an Official Map, and shall do likewise for any subsequent amendments.
The Village Board may amend the Official Map pursuant to the procedures and requirements set forth in § 62.23(6), Wis. Stats., as often as necessary to keep the map up to date.
Changes and additions made by duly approved subdivision plats shall not require a public hearing if the change or additions do not affect any land outside the area being platted.
The Zoning Board of Appeals established in Chapter 70 of the Municipal Code shall have the power to review any administrative decision of the Building Inspector to deny a building permit for the erection of a structure under this chapter and to grant relief from the requirements of this chapter as allowed in § 62.23(6)(e), (f), and (g), Wis. Stats.
Any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-4 of the Municipal Code.
No damages shall be allowed for the taking by any government agency, for street, highway, drainageway, or parkway purposes, of any building erected in violation of this chapter.