[HISTORY: Adopted by the Common Council of the City of Lodi as Ch.
30 of the 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.
As used in this chapter, the following terms shall have the meaning
indicated:
Includes any right-of-way for vehicular or pedestrian traffic, or
both, with full or partial control of access and usually located within a
park or a ribbon of parklike development. Said parkway may include land area
which is required for stormwater drainage purposes where the drainage improvement
is to include parklike treatment and where pedestrian or vehicular travel
may be permitted.
A.
The Official Map is hereby established for that part
of the City of Lodi and those parts of the Town of Lodi, Columbia County,
and the Town of Dane, Dane County, lying within 1 1/2 miles of the corporate
limits of said City.
B.
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 Lodi in extraterritorial areas.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
The Zoning Board of Appeals for the City of Lodi 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.
B.
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 in 1979 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 Columbia and Dane County Registers 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.