[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 9.07 of the 1997 Code. Amendments
noted where applicable.]
It is the intent of the City Council to establish an official map for
a part of the city which is legally described as the NW 1/4 of Sec. 16, SW
1/4 of Sec. 16, all of Sec. 17, T5N, R21E, Milwaukee Co., for the purpose
of conserving and promoting the public health, safety, convenience, economy,
orderliness and general welfare of the city; to further the orderly layout
and use of land; to stabilize the location of real property boundary lines;
to ensure proper legal descriptions 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 small parcels
of land.
This chapter is enacted under the authority granted by § 62.23(6),
Wis. Stats.
The Official Map shall show the location and width of all platted and existing streets, highways and parkways and the location and extent of parks and playgrounds within that part of the city as legally described in § 58-1 as heretofore laid out, adopted and established by law. There is hereby established, as the Official Map of the city, the map which accompanies and is made a part of this chapter bearing the date of July 10, 1970. This map is hereby designated as the "Official Map of the City of Franklin," and all notations, references and other information shown thereon shall be as much a part of this chapter as though the matters and information thereon were fully described herein.[1]
[1]
Editor's Note: The Official Map is on file in the office of the
City Clerk.
A.
The Council may change or add to the Official Map so
as to establish the exterior lines of, widen, narrow, extend or close any
platted, existing, proposed or planned streets, highways, parkways, parks
or playgrounds.
B.
The Council shall refer any change or addition to the
Official Map to the Plan Commission for review and report thereon prior to
adoption. The Plan Commission shall report its recommendation to the Council
within 60 days.
C.
Changes and additions for 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 provisions of law other than
this chapter shall be deemed to be a change or addition to the Official Map.
D.
A public hearing of parties in interest and citizens
before the Council shall be required before any changes or additions to the
Official Map are effective, including those changes and additions made under
provisions of law other than this chapter. Notice of the public hearing shall
be published as a Class 2 notice under Ch. 985, Wis. Stats.
E.
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.
F.
Amendments. #71-307, 71-308.
A.
For the purpose of preserving the integrity of the Official
Map, a building permit shall be required for any structure or part thereof
that shall hereafter be located, erected, moved, reconstructed, extended,
enlarged, converted or structurally altered. No permit shall hereafter be
issued for any building in the bed 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 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.
No public sewer or other municipal street utility or improvement shall be constructed in any street, highway or parkway within that part of the city described in § 58-1 until such street, highway or parkway is duly placed on the Official Map.
The Board of Zoning and Building Appeals shall have the power to review
any administrative decision of the Building Inspector to deny a permit for
the erection of a structure under this chapter and to grant relief from the
requirements of this chapter under the provisions of § 62.23(6)(d),(f)
and (g), Wis. Stats.
There shall be a certified copy of the Official Map described in § 58-3. The certified copy 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 and accompanying this chapter and shall show the date of adoption of this chapter (7-23-1970) and shall be signed by the Mayor and countersigned 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 on 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.
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 Register of Deeds of the County of Milwaukee, Wisconsin.
The City Building Inspector and the Chief of Police shall enforce the
provisions of this chapter.
No damages shall be allowed for the taking by any governmental agency,
for street, highway and parkway purposes, of any building erected in violation
of this chapter.
