[HISTORY: Adopted by the Common Council of the City of Burlington 11-1-1988 by Ord. No. 1232(5). Amendments noted where applicable.]
It is the intent of the Common Council to establish an Official Map for the purpose of serving and promoting the public health, safety, convenience, economy, orderliness, and general welfare of the community; 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 smaller 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 extent of all platted and existing streets, highways, parkways, parks, and playgrounds within the corporate limits of the City of Burlington as heretofore laid out, adopted, and established by law. There is hereby established as the Official Map that map which accompanies and is made part of this chapter bearing the date of February 17, 1988. This map is hereby designated as the "Official Map of the City of Burlington," 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.
The Common 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, railway rights-of-way, public transit facilities, or waterways.
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 shall report its recommendations to the Common Council within 60 days.
A public hearing of parties in interest and citizens before the Common Council shall be required before any changes or additions to the Official Map are effective. Parties in interest are those persons owning land which is to be placed on or removed from the Official Map, abutting property owners, and all property owners within 100 feet. Notice of the public hearing shall be published as a Class 2 notice pursuant to Ch. 985, Wis. Stats.
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.
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 the map.
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 the corporate limits of the City of Burlington until such street, highway, or parkway is duly placed on the Official Map.
The Zoning Board of Appeals shall have the power to review any administrative decision of the City 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)(e), (g) and (h), Wis. Stats.
[Amended 11-18-2003 by Ord. No. 1740(20)]
The certificate shall be signed by the Mayor and countersigned by the City Clerk. There shall be a certified copy of the Official Map described in § 60-3. 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 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 or resolution, and the name or initials of the person who makes the Official Map revision.
[Amended 11-18-2003 by Ord. No. 1740(20)]
The City Clerk shall be responsible immediately upon adoption of the Official Map or any amendment thereto for recording a true copy of the amending ordinance or resolution with the Register of Deeds of the Counties of Racine and Walworth, Wisconsin.
It shall be the duty of the City Building Inspector and the Chief of Police to 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.
[Added 11-18-2003 by Ord. No. 1740(20)]
The following is a list of ordinances amending the Official Map. All annexation ordinances, and the City's approval of subdivision plats and certified survey maps by resolution or other means, shall serve to update the Official Map by operation of other laws, pursuant to § 62.23(6)(d), Wis. Stats.