§ 4421. Official map
A municipality may adopt an official map that identifies future municipal utility
and facility improvements, such as road or recreational path rights-of-way, parkland,
utility rights-of-way, and other public improvements, in order to provide the opportunity
for the community to acquire land identified for public improvements prior to development
for other use and to identify the locations of required public facilities for new
subdivisions and other development under review by the municipality.
(1) Preparation of an official map. For the purposes of this chapter, the official map shall be based upon the most accurate
data available as to the location and width of existing and proposed streets and drainageways
and the location of all existing and proposed parks, schools, and other public facilities.
Where questions arise in the administration of this section that require more precise
determinations of the location of any street right-of-way line on all drainageways
or the location of any park, school, or any other public facility, the legislative
body shall have a survey prepared of the street or section, park, school, or other
public facility in question, that may by resolution of the legislative body become
a part of the official map.
(2) Changes to the official map. After adoption of the official map, the recordation of plats that have been approved
as provided by this chapter, or the adoption of any urban renewal plan under chapter
85 of this title, shall, without further action, modify the official map accordingly.
Minor changes in the location of proposed public facilities may also be made to particular
sections of the official map if the change is recommended by a majority of the planning
commission and approved by resolution of the legislative body. This process may take
place concurrently with review of development or subdivision of a parcel that is proposed
to be subject to a map change.
(3) Status of mapped public facilities. The adoption, as part of an official map, of any existing or proposed street or street
line or drainageway, or any proposed park, school, or other public facility, shall
not constitute a taking or acceptance of land by the municipality, nor shall the adoption
of any street in an official map constitute the opening or establishment of the street
for public use or obligate the municipality in any way for the maintenance of the
street.
(4) Building on properties with mapped public facilities. No zoning permit may be issued for any land development within the lines of any street,
drainageway, park, school, or other public facility shown on the official map, except
as specifically provided in this section. No person shall recover any damages for
the taking for public use of any land development constructed within the lines of
any proposed street, drainageway, park, school, or other public facility after it
has been included in the official map, and any such land development shall be removed
at the expense of the owner.
(A) If a permit for any land development within the lines of any proposed street, drainageway,
park, school, or other public facility shown on an official map is denied pursuant
to subdivision (5) of this section, the legislative body shall have 120 days from
the date of the denial of the permit to institute proceedings to acquire that land
or interest in that land, and if no such proceedings are started within that time,
the administrative officer shall issue the permit if the application otherwise conforms
to all the applicable bylaws.
(B) A municipality may specify in its bylaws that conditional use review is required for
any structure within the line of any public facility shown on the official map or
within a specified area adjacent to the lines on the map. If conditional use review
is required for these structures, the purpose of the review shall be to ensure that
the structure is compatible with the location and function of existing and planned
public facilities. If the conditional use is denied, the procedure provided in subdivision
(4)(A) of this section shall be instituted.
(5) Development review for properties with mapped public facilities. Any application for subdivision or other development review that involves property
on which the official map shows a public facility shall demonstrate that the mapped
public facility will be accommodated by the proposed subdivision or development in
accordance with the municipality’s bylaws. Failure to accommodate the mapped public
facility or obtain a minor change in the official map shall result in the denial of
the development or subdivision. The legislative body shall have 120 days from the
date of the denial of the permit to institute proceedings to acquire that land or
interest in land, and if these proceedings are not started within that time, the appropriate
municipal panel shall review the application without regard to the proposed public
facilities. (Added 2003, No. 115 (Adj. Sess.), § 95.)