Chapter 12.04
OFFICIAL MAP
Sections:
12.04.020 Establishment of the official map.
12.04.030 Description of area included in official map.
12.04.040 Effect of placing lands on the official map.
12.04.050 Dedication of right-of-way.
12.04.060 Map location and distribution.
12.04.070 Public improvements and building permits.
12.04.090 Penalty for violation of this chapter.
12.04.010 Intent.
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 facilitate adequate provision for transportation, parks, playgrounds, and navigable waterways, and related public interests; and facilitate the further division of larger tracts into smaller parcels of land. (Ord. 2021-111605 § 1, 2021)
12.04.020 Establishment of the official map.
A. The official map of the City of Brookfield is the map adopted by Ordinance No. 1315, and as amended, as authorized by Section 62.23(6), Wisconsin Statutes.
B. The procedures for public hearings, notices preceding public hearings, referrals and reports by the Plan Commission on official map creation and proposed amendments shall be governed by Section 62.23(6)(c), Wisconsin Statutes.
C. Upon adoption of the official map, the City Clerk shall file with the Waukesha County Register of Deeds a certificate showing that the City has established an official map.
D. Amendments.
1. The Council may amend the official map so as to establish, widen, narrow, extend, or close any existing or planned streets, highways, navigable waterways, parkways, railroad rights-of-way, public transit facilities, parks, playgrounds, airports, or airport-affected areas.
2. Locating, widening, or closing, or the approval of the locating, widening, or closing of streets, highways, navigable waterways, parkways, railroad rights-of-way, public transit facilities, parks, or playgrounds by the City under provisions of law other than this chapter or Section 62.23(6), Wisconsin Statutes, shall be deemed to amend the official map and are subject to this chapter, except that changes or additions made by a subdivision plat approved by the City under Chapter 236, Wisconsin Statutes, do not require a public hearing if the changes or additions do not affect any land outside the platted area.
3. Parcel reconfigurations, subdivision plats, certified survey maps that do not include dedication of land, certified survey maps that include dedication of land already located on the official map, and property transactions complying with applicable laws or ordinances do not require a public hearing to be placed on the official map. (Ord. 2021-111605 § 1, 2021)
12.04.030 Description of area included in official map.
A. The official map shows the location and extent of all planned and existing streets, highways, railroad rights-of-way, parkways, parks, playgrounds, airports, airport-affected areas, public transit facilities, and navigable waterways included in a comprehensive surface water drainage plan within the corporate limits of the City of Brookfield and its extraterritorial plat approval jurisdiction as heretofore platted, laid out, adopted, and established by law.
B. The official map includes that part of the City of Brookfield and those parts of the Town of Brookfield, described as follows: Sections 1 through 36, Town 7 North, Range 20 East, except those lands within the villages of Butler and Elm Grove, and the city of Waukesha, Waukesha County, Wisconsin.
C. Ultimate street right-of-way widths designated on the Waukesha County Street and Highway Width Map are incorporated as part of the official map. (Ord. 2021-111605 § 1, 2021)
12.04.040 Effect of placing lands on the official map.
Placing any street, highway, navigable waterway, parkway, railroad right-of-way, public transit facility, airport, airport-affected area, park or playground upon the official map does not constitute the opening or establishment of any of the aforementioned items or alteration of any navigable waterway or the taking or acceptance of any land for these purposes. (Ord. 2021-111605 § 1, 2021)
12.04.050 Dedication of right-of-way.
The City may require properties to dedicate the ultimate street right-of-way in accordance with the official map when considering requests for combining land, land reconfiguration, or subdivisions as those are defined by Title 16 or a development proposal under Title 17. (Ord. 2866-24 § 9, 2024; Ord. 2021-111605 § 1, 2021)
12.04.060 Map location and distribution.
A. The official map shall be kept in the office of the City Engineer and shall be available for inspection during regular office hours. The map shall bear on its face the date of adoption and ordinance number. Thereafter, every map amendment shall be indicated in writing on the official map noting the ordinance number.
B. A certified copy of the official map and amendments thereto affecting the Town of Brookfield shall be sent to the Town Clerk of the Town of Brookfield and to the Waukesha County Zoning Administrator. (Ord. 2021-111605 § 1, 2021)
12.04.070 Public improvements and building permits.
A. No municipal street, utility or sewer work or improvements shall be constructed on any street, highway, or parkway until the street, highway, or parkway in question has been duly placed upon the official map.
B. Placing lands upon the official map shall not prohibit or restrict private construction of street or roadway improvements and related utility improvements; provided, that all other City requirements are met with respect thereto.
C. Building Permits.
1. No building permit shall be issued unless the street, highway, or parkway that is to give access to the proposed structure has been duly placed upon the official map.
2. Any person proposing to construct or enlarge a building within the limits of any streets, highways, railroad rights-of-way, parkways, parks, playgrounds, airports, airport-affected areas, public transit facilities, and navigable waterways so shown on the official map shall apply to the Inspection Services Department for a building permit per Sections 15.04.150 and 15.04.160. These applications will be reviewed and shall be considered automatically denied 29 days from the date of submission, if not denied earlier. The applicant may appeal the denial following the procedure set forth in Section 12.04.080. (Ord. 2021-111605 § 1, 2021)
12.04.080 Appeals.
A. Upon proper application as set forth in Chapter 17.12, the Board of Zoning Appeals shall have the power to review any administrative decision of the Inspection Services Department on a permit for the construction, enlargement, or erection of a structure under this chapter under the provisions of Sections 62.23(6)(e), (g), and (h), Wisconsin Statutes.
B. The Board of Zoning Appeals shall follow the procedure set forth in Section 62.23(6)(g), Wisconsin Statutes.
C. Appeals on Applications for Buildings Within Mapped Infrastructure.
1. The Board shall refuse a permit where the applicant can alter the location of the building or building addition without substantial effect outside any of the mapped streets, highways, railroad rights-of-way, parkways, parks, playgrounds, airports, airport-affected areas, and public transit facilities.
2. If the land within the mapped streets, highways, railroad rights-of-way, parkways, parks, playgrounds, airports, airport-affected areas, and public transit facilities is not yielding a fair return because of the restriction that is imposed by the official map, the Board of Zoning Appeals may, by a majority vote of its members, grant a permit for a building or addition in the path of any streets, highways, railroad rights-of-way, parkways, parks, playgrounds, airports, airport-affected areas, and public transit facilities, which will as little as practicable increase the cost of opening any streets, highways, railroad rights-of-way, parkways, parks, playgrounds, airports, airport-affected areas, and public transit facilities, or tend to cause a change of the official map. The Board of Zoning Appeals may impose reasonable requirements as a condition of granting the permit to promote the health, convenience, safety, or general welfare of the community.
D. Appeals on Applications for Buildings Not Requiring Relation to Streets.
1. If the Board finds a practical difficulty or unnecessary hardship in requiring a proposed structure to be related to the street, highway or parkway, it may make a reasonable exception and issue the permit subject to conditions that will protect any future street, highway or parkway layout.
E. Any Board decision may be reviewed by a court as provided in Section 62.23(6), Wisconsin Statutes. (Ord. 2021-111605 § 1, 2021)
12.04.090 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2021-111605 § 1, 2021)