[HISTORY: Adopted by the Village Board of the Village of
East Troy 2-15-2016 by Ord. No.
2016-01.[1] Amendments noted where applicable.]
[1]
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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
All notations, references, and other information shown on the Official
Map shall be as much a part of this chapter as though included herein.
A.
Title. The Official Map shall be titled "Village of East Troy Official
Map - Walworth County, Wisconsin."
B.
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).
C.
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.
D.
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.
E.
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.
F.
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.
G.
Archive of superseded maps. The Village Clerk may maintain a permanent
archive of superseded Official Maps.
A.
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.
B.
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.
C.
No division of land regulated under Chapter 495 of the Municipal Code shall be approved unless such division conforms to the Official Map.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.