Chapter 12.04
OFFICIAL MAP

Sections:

12.04.010    Intent.

12.04.020    Authority.

12.04.030    Description of area subject to the official map.

12.04.040    Amendments.

12.04.050    Placement of lands on the official map.

12.04.060    Appeals.

12.04.070    Certified copy of map.

12.04.010 Intent.

It is the intent of the 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; and to facilitate adequate provision for transportation, parks, playgrounds and stormwater drainage and related public. (Prior code § 8.08(1))

12.04.020 Authority.

This chapter is enacted under the authority granted by Section 62.23(6), Wisconsin Statutes. (Prior code § 8.08(2))

12.04.030 Description of area subject to the official map.

The official map is established for 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.

The content of the official map adopted by and as part of this chapter shall consist of the following areas:

A.    All streets, highways, parks, parkways and playgrounds and railroad rights-of-way as shown on the Cadastral Plat Map, Sections 1 through 36 inclusive, at a scale of one inch equals two hundred (200) feet, as established and kept on file and as maintained by the city engineer’s office of the city of Brookfield.

B.    A planned new street within Sections 8 and the northwest quarter of Section 17 connecting River Road with Capitol Drive through Mitchell Park and through certain private lands adjoining Mitchell Park as shown on the map.

C.    A planned new street within Section 5 extending Compton Lane in a southwesterly direction as shown on the map.

D.    A planned new street in the NW 1/4 of the SW 1/4 of Section 27 extending Executive Drive, currently south of Bluemound Road across Bluemound Road with a revised intersection configuration with Bluemound Road and extending to a connection with Wisconsin Avenue, as shown on the map.

E.    Wisconsin Avenue: from Thomas Lane to the eastern most limits of the City of Brookfield.

F.    Ruf Road: from Bluemound Road north to future Wisconsin Avenue.

G.    Repealed by Ord. 2529-18.

H.    Bishop’s Drive: begin at the current southern terminus of Bishop’s Way and continue approximately one thousand nine hundred fifty (1,950) feet westerly to Sunnyslope Road to a point of intersection with Sunnyslope Road between Golf Parkway and Beechwood Avenue.

I.    Patrick Boulevard: from Brookfield Lakes Corporate Center to Calhoun Road.

J.    Brookfield Road: nine hundred (900) feet from Weston Hills development and south to W. Greenfield Avenue.

K.    Such other official map areas as may be added to the official map by subsequent action of the council following applicable Wisconsin statutes. These areas may include streets, highways, parkways, parks and playgrounds, railroad rights-of-way and public transit facilities. They may also include waterways, airports and airport affected areas as defined in Section 62.23(6)(a) and (am), Wisconsin Statutes. The official map may include those existing areas that are laid out, adopted and established by law and may also include planned new areas or the planned widening, narrowing, extension or closure of existing mapped areas.

L.    As set forth in Section 62.23(6)(e), Wisconsin Statutes, the street, highway, waterway, railroad right-of-way, public transit facility or parkway areas shown on the official map shall extend beyond the boundaries of the city within extraterritorial areas if so shown on the adopted or amended official map.

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 is deemed to be final and conclusive with respect to the location and width of all mapped areas. (Ord. 2529-18 § 1, 2018; Ord. 2146-08 § 1, 2008; Ord. 1873 §§ 2 and 3, 2002; prior code § 8.08(3))

12.04.040 Amendments.

A.    The council may amend the official map so as to establish the exterior lines of planned new streets, highways, waterways and parkways, railroad rights-of-way, public transit facilities, parks or playgrounds; or to widen, narrow, extend or close existing streets, highways, waterways and parkways, railroad rights-of-way, public transit facilities, parks or playgrounds. When adopted, amendments become a part of the official map and are conclusive with respect to location and width of streets, highways, waterways and parkways and the location and extent of parks and playgrounds, railroad rights-of-way and public transit facilities shown thereon.

B.    The procedures for public hearings, notices preceding public hearings, referrals and reports by the plan commission on proposed official map amendments shall be governed by Section 62.23(6)(c), Wisconsin Statutes.

C.    The locating, widening or closing or the approval of the locating, widening or closing of streets, highways, waterways and parkways, railroad rights-of-way, public transit facilities, parks or playgrounds by the city under provision of law other than this chapter or Section 62.23(6), Wisconsin Statutes, and changes or additions made by a subdivision plat or certified survey map accepted by the city under Chapter 236, Wisconsin Statutes, shall be deemed to amend the official map and do not require public hearing if the changes or additions do not affect any land outside the platted area. (Prior code § 8.08(4))

12.04.050 Placement of lands on the official map.

A.    The placing of any street, highway, waterway, parkway, railroad right-of-way, public transit facility, park or playground 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.

B.    The placing of 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. No municipal street, utility or sewer work or improvements shall be constructed by the city on any street, highway or parkway until the street, highway or parkway in question has been duly placed upon the official map. No permit shall be issued for the erection of any building unless the street, highway or parkway that is to give access to the proposed structure has been duly placed upon the official map. The requirements of this subsection may be subject to appeal and issuance of reasonable exceptions under Section 62.23(6)(h), Wisconsin Statutes.

C.    No permit may be issued to construct or enlarge any building within the limits of any systems or system element shown on the official map, except as provided in this subsection. A person seeking such a permit may apply for the permit to the building inspection department or designee thereof. The applicant for such a permit shall submit an accurate plot plan certified by a registered surveyor showing the location of the proposed building with reference to any element shown on the official map. An application determined by the building inspection department to call for placement, construction or enlargement of any building within the path of areas mapped on the official map shall be denied by the building inspection department or designee within thirty (30) days of submittal of a complete application. Applicants receiving denials may appeal for the permit to the board of zoning appeals under Section 12.04.060. (Prior code § 8.08(5))

12.04.060 Appeals.

A.    Upon proper application, the board of zoning appeals may review a decision of the building in spection department or designee thereof denying a permit for erection of a building under directive of this chapter and may grant, grant conditionally or refuse the issuance of the requested permit by vote of a majority of its members in the manner provided in Section 62.23(6)(e), Wisconsin Statutes.

B.    Before taking any action authorized in this section, the board of appeals shall follow the procedure set forth in Section 62.23(6)(g), Wisconsin Statutes.

C.    The board shall refuse an appeal and shall not grant a permit where the applicant will not be substantially affected by not constructing the addition or by placing the building outside the mapped element.

D.    If the land within the mapped area 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 construction within a mapped area which will as little as practicable increase the cost of opening the street, highway, waterway, railroad right-of-way, public transit facility or parkway or tend to cause a change of the official map.

E.    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. (Prior code § 8.08(6))

12.04.070 Certified copy of map.

A.    A certified copy of the official map shall be kept in the office of the city engineer 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 adoption of this chapter and shall be signed by the mayor and countersigned by the city clerk. Thereafter every amendment to this chapter that has been adopted by the council shall be indicated by similar 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.

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.

C.    Upon adoption of the official map, the city clerk shall file with the county register of deeds a certificate showing that the city has established such official map. (Prior code § 8.08(7))