ORDINANCE NO. 34

AN ORDINANCE TO ESTABLISH AND ADMINISTER AN OFFICIAL MAP FOR THE TOWN OF GREENVILLE, OUTAGAMIE COUNTY, WISCONSIN.

WHEREAS, the Town Board of Supervisors of the Town of Greenville, Outagamie County, Wisconsin, deems it necessary for long range planning and the health safety and general welfare of the Town of Greenville to establish and administer an Official Map pursuant to authority granted by Section 62.23(6) Wis. Stats.

NOW THEREFORE, the Town Board of Supervisors of the Town of Greenville, Outagamie County, Wisconsin, does ordain as follows:

PART I.  GENERAL PROVISIONS

1. Establishment.  There is hereby established an Official Map of the Town of Greenville and parts thereof, showing the location and width of streets, highways, trails,  parks, playgrounds and waterways.  The Official Map shall be conclusive with respect to the location, width and extent thereof.

2. Conformance Required.  No land division or subdivision plat shall be approved unless such land division or subdivision plat conforms to the Official Map.

3. Permit Requirements.  Any person desiring to construct or enlarge a building within the limits of a street, highway, trail, park, playground or waterway as shown on the Official Map shall apply to the Town of Greenville Building Inspector for a building permit.  Unless application is made and the building permit granted or not denied within  30 days, the person is not entitled to compensation for damage to the building in the course of construction of the street, highway, trail, park or playground or waterway, so shown on the Official Map.  No permit for the erection of any building shall be issued unless a street or highway giving access to such proposed structure  has been dedicated, opened or duly placed on the Official Map.

4.  Changes and Amendments.  The Town Board may change and amend the Official Map.  No such change or amendment shall become effective until after a public hearing before the Town of Greenville Plan Commission.  Notice of the public hearing shall be published as a class 2 notice under Chapter 985 Wis. Stats. The Plan Commission shall then make a recommendation on the changes or amendment to the Town Board.  When adopted by the Town Board, changes and amendments become a part of the Official Map and are conclusive with respect to location, width and extent.

5. No Dedication or Acquisition.  The placing of any street, highway, trail, park, playground or waterway upon the Official Map does not constitute the opening or establishment of such street, highway, trail, park, playground or waterway or the taking or acceptance of any land for these purposes.

6. Appeals.

a.  If the land within the mapped street, highway, park, playground or waterway is not yielding a fair return, the Town of Greenville Board of Appeals may, by a concurring vote of its members, grant a permit for a building or addition within the limits shown which will as little as practicable increase the cost of opening the street, highway, park, playground or waterway or tend to cause a change of the Official Map. The Board of Appeals may impose reasonable requirements as a condition of granting the permit to promote the public health, convenience, safety or general welfare. The Board of Appeals shall refuse a permit where the applicant will not be substantially affected by not constructing the addition or by placing the building outside of the mapped area.

b.  Where the enforcement of the provisions of this ordinance would entail practical difficulty or unnecessary hardship, and where the circumstances of the case do not require the structure to be related to existing or proposed streets or highways, the applicant may appeal from the decision of the Building Inspector to the Town of Greenville Board of Appeals.  The Board may in passing on such appeal make any reasonable exception and issue the permit subject to conditions that will protect any future street or highway layout.

c.  Before taking any action authorized in this Ordinance, the Town of Greenville Board of Appeals shall hold a hearing at which parties in interest and others shall have an opportunity to be heard.  At least 15 days before the hearing, notice of the time and place of the hearing shall be published as a class 1 notice, under Chapter 985, Wis. Stats.

7.   Appeals from Board Decisions. Any decision of the Town of Greenville Board of Appeals shall be subject to review by certiorari issued by a court of record.  Such review shall be commenced within 30 days of the decision of the Board

8.  Certification by Town Clerk.  The Town Clerk shall record with the Outagamie County Register of Deeds a certificate showing that the Town of Greenville has established an Official Map and shall do likewise as to any changes or amendments.

9. Map Administration.  The Town Clerk shall keep all maps and property descriptions comprising the Official Map and shall promptly portray all changes and amendments to the Official Map.

PART II. TOWN FUNCTIONAL ROAD CLASSIFICATION SYSTEM

10. Functional Road Classification.  There is hereby established a Functional Road Classification System consisting of arterial roads, collector roads,  and local roads in the Town of Greenville as defined and designated below.

11. Arterial Roads.  The primary function of arterial roads is the movement of through traffic from one area of the community to another or the movement of through traffic between important economic activity centers. Arterial roads shall have a right-of-way width of not less than 100 feet. 

a.  Existing Roads Designated as Arterial Roads.  The following existing roads are designated as arterial roads.

(1)  WIS 15                  (4)  US 45 

(2)  WIS 96                  (5)  WIS 76

(3)  COUNTY JJ               (6) Manley Road

b. Extensions or New Alignments for Arterial Roads.  The following is an extension of arterial roads: an extension of County CB between WIS 15 and County JJ along Mayflower Drive.

12. Collector Roads.  The primary function of collector roads is to collect and distribute traffic between arterial roads and local roads. Collector roads shall have a right-of-way of not less than 80 feet.

a.  Existing Roads Designated as Collector Roads.  The following existing roads are designated as collector roads.

(1)  School Road        (5)  North Road

(2)  Spring Road        (6)  Julius Road (with extension)

(3)  Hillview Road      (7)  Greenwood Road

(4)  County GV          (8)  Mayflower Drive (south of future link with CB extension)

(9)  Everglade Road     (10) Lily of the Valley Road (south of WIS 15)

b.  Extensions or New Alignments for Collector Roads.  The following are extensions or new alignments for collector roads.

(1)  Parkview Drive extension east, then south to Mayflower Drive

(2)  New alignment near Julius Road, perpendicular to Hillview Road north to County JJ

(3)  Glenview Drive extension north to School Road

(4)  Design Dr. extension west to US 45

13.  Official Town of Greenville Functional Classification System Map. There is hereby established an Official Town of Greenville Functional Classification System Map depicting the designation and location of existing and proposed arterial roads, existing and proposed collector roads and existing and proposed local roads.  The Official Town of Greenville Functional Classification System Map as shown in Figure 1 shall be part of this Ordinance and constitute a part of the Official Map of the Town of Greenville.

a. Amendments. Amendments to the Official Town of Greenville Functional Classification System Map shall be approved by the Town Board in accordance with the amendment provisions in Part I of this Ordinance. Amendments shall be promptly portrayed on the map.

b.  Detail Maps.  The Town Board may from time to time establish more detailed maps showing locations, distance and other information for proposed arterial, collector and local roads in Part IV of this Ordinance. In the event of any conflict or variance between locations and distance on the Official Town of Greenville Functional Classification System Map as shown in Figure 1 and detailed maps in Part IV of this Ordinance, the detailed maps shall prevail and constitute the proper location and distance.

PART III. OFFICIAL TOWN OF GREENVILLE RECREATIONAL TRAIL MAP

14. Official Town of Greenville Recreational Trail Map. There is hereby established an Official Town of Greenville Recreational Trail Map depicting existing and proposed recreational trails throughout the Town of Greenville.  The Official Town of Greenville Recreational Trail Map as shown in Figure 2 shall be part of this Ordinance and constitute part of the Official Map of the Town of Greenville.

a.  Amendments. Amendments to the Official Town of Greenville Recreational Trail Map shall be approved by the Town Board in accordance with the amendment provisions in Part I of this Ordinance. Amendments shall be promptly portrayed on the map.

b.  Detail Maps.  The Town Board may from time to time establish more detailed maps showing locations, distance and other information for proposed trails in Part IV of this Ordinance. In the event of any conflict or variance between locations and distance on the Official Town of Greenville Recreational Trail  Map as shown in Figure 1 and detailed maps in Part IV of this Ordinance, the detailed maps shall prevail and constitute the proper location and distance.

15. Detail Maps.  The Town Board may from time to time establish more detailed maps showing the locations, distance and other information for proposed recreational trails in Part IV of this ordinance. In the event of any conflict or variance between locations and distances shown on the Official Town of Greenville Recreational Trail Map as shown in Figure 2 and detailed maps in Part IV of this Ordinance, the detailed maps shall prevail and constitute the proper location and distance.

PART IV. DETAIL MAPS

16. Purpose.  From time to time the Town Board may deem it necessary or desirable to establish detailed maps of proposed road or trail locations and distances by legal description or survey.  The detailed maps shall be part of this Ordinance and constitute a part of the Official Map of the Town of Greenville.

17. Amendments. Any addition, deletion, recision or modification of any detail map by legal description or survey shall be approved by the Town Board in accordance with the amendment provisions of Part I of this Ordinance. 

18. Index of Detail Map.  The Town Clerk shall maintain a current numbered index of all detail maps of proposed roads or trails constituting part of the Town of Greenville Official Map.  The numbered detail maps shall be appended to this Ordinance.