66.012 Annotation
See note to 62.05 citing City of Madison v. Town of Fitchburg, 112 W (2d) 224, 332 NW (2d) 782 (1983).
66.012 Annotation
"Adjacent" under (1) means "contiguous", not "near". City of Waukesha v. Salbashian, 128 W (2d) 334, 382 NW (2d) 52 (1986).
66.013
66.013
Incorporation of villages and cities; purpose and definitions. 66.013(1)(1)
Purpose. It is declared to be the policy of this state that the development of territory from town to incorporated status proceed in an orderly and uniform manner and that toward this end each proposed incorporation of territory as a village or city be reviewed as provided in
ss. 66.013 to
66.019 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.
66.013(2)(a)
(a) "Department" means the department of commerce.
66.013(2)(b)
(b) "Population" means the population of a local unit as shown by the last federal census or by any subsequent population estimate certified as acceptable by the department.
66.013(2)(c)
(c) "Metropolitan community" means the territory consisting of any city having a population of 25,000 or more, or any 2 incorporated municipalities whose boundaries are within 5 miles of each other whose populations aggregate 25,000, plus all the contiguous area which has a population density of 100 persons or more per square mile, or which the department has determined on the basis of population trends and other pertinent facts will have a minimum density of 100 persons per square mile within 3 years.
66.013(2)(d)
(d) "Metropolitan municipality" means any existing or proposed village or city entirely or partly within a metropolitan community.
66.013(2)(e)
(e) "Isolated municipality" means any existing or proposed village or city entirely outside any metropolitan community at the time of its incorporation.
66.014
66.014
Procedure for incorporation of villages and cities. 66.014(1)(1)
Notice of intention. At least 10 days and not more than 20 days before the circulation of an incorporation petition, a notice setting forth that the petition is to be circulated and including an accurate description of the territory involved shall be published within the county in which said territory is located as a class 1 notice, under
ch. 985.
66.014(2)(a)(a) The petition for incorporation of a village or city shall be in writing signed by 50 or more persons who are both electors and freeholders in the territory to be incorporated if the population of the proposed village or city includes 300 or more persons; otherwise by 25 or more such electors and freeholders.
66.014(2)(b)
(b) The petition shall be addressed to and filed with the circuit court of a county in which all or a major part of the territory to be incorporated is located; and the incorporation petition shall be void unless filed within 6 months of the date of publication of the notice of intention to circulate.
66.014(2)(c)
(c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached thereto a scale map reasonably showing the boundaries thereof; specify the current resident population of the territory by number in accordance with the definition given in
s. 66.013 (2) (b); set forth facts substantially establishing the standards for incorporation required herein; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.
66.014(2)(e)
(e) No person who has signed a petition shall be permitted to withdraw his or her name therefrom. No additional signatures shall be added after a petition is filed.
66.014(2)(f)
(f) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate.
66.014(3)(a)(a) Upon the filing of the petition the circuit court shall by order fix a time and place for a hearing giving preference to such hearing over other matters on the court calendar.
66.014(3)(b)
(b) The court may in its discretion by order allow costs and disbursements as provided for actions in circuit court in any proceeding under this subsection.
66.014(3)(c)
(c) The court may in its discretion, upon notice to all parties who have appeared in the hearing and after a hearing thereon, order the petitioners or any of the opponents to post bond in such amount as it deems sufficient to cover such disbursements.
66.014(4)(a)(a) Notice of the filing of the petition and of the date of the hearing thereon before the circuit court shall be published in the territory to be incorporated, as a class 2 notice, under
ch. 985, and given by certified or registered mail to the clerk of each town in which the territory is located and to the clerk of each metropolitan municipality of the metropolitan community in which the territory is located. The mailing shall be not less than 10 days prior to the time set for the hearing.
66.014(4)(b)1.
1. A description of the territory sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the circuit court.
66.014(4)(b)2.
2. The name of each town in which the territory is located.
66.014(4)(b)3.
3. The name and post-office address of the representative of the petitioners.
66.014(5)
(5) Parties. Any governmental unit entitled to notice pursuant to
sub. (4), any school district which lies at least partly in the territory or any other person found by the court to be a party in interest may become a party to the proceeding prior to the time set for the hearing.
66.014(6)
(6) Annexation resolution. Any municipality whose boundaries are contiguous to the territory may also file with the circuit court a certified copy of a resolution adopted by a two-thirds vote of the elected members of the governing body indicating a willingness to annex the territory designated in the incorporation petition. The resolution shall be filed at or prior to the hearing on the incorporation petition, or any adjournment granted for this purpose by the court.
66.014(7)(a)(a) No action to contest the validity of an incorporation on any grounds whatsoever, whether procedural or jurisdictional shall be commenced after 60 days from the date of issuance of the charter of incorporation by the secretary of state.
66.014(7)(b)
(b) An action contesting an incorporation shall be given preference in the circuit court.
66.014(8)(a)(a) After the filing of the petition and proof of notice, the circuit court shall conduct a hearing at the time and place specified in the notice, or at a time and place to which the hearing is duly adjourned.
66.014(8)(b)
(b) On the basis of the hearing the circuit court shall find if the standards under
s. 66.015 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department and thereupon the department shall determine whether or not the standards under
s. 66.016 are met.
66.014(9)(a)(a) Upon receipt of the petition from the circuit court the department shall make such investigation as may be necessary to apply the standards under
s. 66.016.
66.014(9)(b)
(b) Within 20 days after the receipt by the department of the petition from the circuit court, any party in interest may request a hearing. Upon receipt of the request, the department shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.
66.014(9)(c)
(c) Notice of the hearing shall be given in the territory to be incorporated by publishing a class 2 notice, under
ch. 985, and by mailing the notice to the designated representative of the petitioners or any 5 petitioners and to all town and municipal clerks entitled to receive mailed notice of the petition under
sub. (4).
66.014(9)(d)
(d) Unless the court sets a different time limit, the department shall prepare its findings and determination citing the evidence in support thereof within 90 days after receipt of the reference from the court. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under
sub. (4).
66.014(9)(e)2.
2. The petition as submitted shall be granted and an incorporation referendum held;
66.014(9)(e)3.
3. The petition as submitted shall be dismissed with a recommendation that a new petition be submitted to include more or less territory as specified in the department's findings and determination.
66.014(9)(f)
(f) If the department determines that the petition shall be dismissed, the circuit court shall issue an order dismissing the petition. If the department grants the petition the circuit court shall order an incorporation referendum as provided in
s. 66.018.
66.014(9)(g)
(g) The findings of both the court and the department shall be based upon facts as they existed at the time of the filing of the petition.
66.014(9)(h)
(h) Except for an incorporation petition which describes the territory recommended by the department under
s. 66.014 (9) (e) 3., no petition for the incorporation of the same or substantially the same territory may be entertained for one year following the date of the denial of the petition or the date of any election at which incorporation was rejected by the electors.
66.014(10)
(10) Existing ordinances. A county shoreland zoning ordinance enacted under
s. 59.692 that is in force in any part of the territory shall continue in force until altered under
s. 59.692 (7) (ad).
66.014 Annotation
Denial referred to in (9) (h) is denial by the department under (9) (e), not dismissal of subsequent court appeal. In re Petition of Tp. of Campbell, 78 W (2d) 246, 254 NW (2d) 241.
66.014 Annotation
Sub. (5) does not empower court to compel joinder. In re Incorporation of Town of Fitchburg, 98 W (2d) 635, 299 NW (2d) 199 (1980).
66.014 Annotation
Discussion of incorporation petition's precedence over a competing annexation proceeding. Town of Delavan v. City of Delavan, 176 W (2d) 516, 500 NW (2d) 268 (1993).
66.015
66.015
Standards to be applied by the circuit court. Before referring the incorporation petition as provided in
s. 66.014 (2) to the department, the court shall determine whether the petition meets the formal and signature requirements and shall further find that the following minimum requirements are met:
66.015(1)
(1) Isolated village. Area, one-half square mile; resident population, 150.
66.015(2)
(2) Isolated city. Area, one square mile; resident population, 1,000; density, at least 500 persons in any one square mile.
66.015(3)
(3) Metropolitan village. Area, 2 square miles; resident population, 2,500; density, at least 500 persons in any one square mile.
66.015(4)
(4) Metropolitan city. Area, 3 square miles; resident population, 5,000; density, at least 750 persons in any one square mile.
66.015(5)
(5) Standards when near first, second or third class city. Where the proposed boundary of a metropolitan village or city is within 10 miles of the boundary of a city of the first class or 5 miles of a city of the second or third class, the minimum area requirements shall be 4 and 6 square miles for villages and cities, respectively.
66.015 History
History: 1977 c. 29.
66.015 Annotation
Four square mile requirement of (5) was met where 4.2 square miles of village land were proposed for annexation, although 2.5 square miles of that were within floodway lines. In re Petition of Tp. of Campbell, 78 W (2d) 246, 254 NW (2d) 241.
66.016
66.016
Standards to be applied by the department. 66.016(1)(1) The department may approve for referendum only those proposed incorporations which meet the following requirements:
66.016(1)(a)
(a)
Characteristics of territory. The entire territory of the proposed village or city shall be reasonably homogeneous and compact, taking into consideration natural boundaries, natural drainage basin, soil conditions, present and potential transportation facilities, previous political boundaries, boundaries of school districts, shopping and social customs. An isolated municipality shall have a reasonably developed community center, including some or all of such features as retail stores, churches, post office, telecommunications exchange and similar centers of community activity.
66.016(1)(b)
(b)
Territory beyond the core. The territory beyond the most densely populated one-half square mile specified in
s. 66.015 (1) or the most densely populated square mile specified in
s. 66.015 (2) shall have an average of more than 30 housing units per quarter section or an assessed value, as defined in
s. 66.021 (1) (a) for real estate tax purposes, more than 25% of which is attributable to existing or potential mercantile, manufacturing or public utility uses. The territory beyond the most densely populated square mile as specified in
s. 66.015 (3) or
(4) shall have the potential for residential or other urban land use development on a substantial scale within the next 3 years. The department may waive these requirements to the extent that water, terrain or geography prevents such development.
66.016(2)
(2) In addition to complying with each of the applicable standards set forth in
sub. (1) and
s. 66.015, any proposed incorporation in order to be approved for referendum must be in the public interest as determined by the department upon consideration of the following:
66.016(2)(a)
(a)
Tax revenue. The present and potential sources of tax revenue appear sufficient to defray the anticipated cost of governmental services at a local tax rate which compares favorably with the tax rate in a similar area for the same level of services.
66.016(2)(b)
(b)
Level of services. The level of governmental services desired or needed by the residents of the territory compared to the level of services offered by the proposed village or city and the level available from a contiguous municipality which files a certified copy of a resolution as provided in
s. 66.014 (6).
66.016(2)(c)
(c)
Impact on the remainder of the town. The impact, financial and otherwise, upon the remainder of the town from which the territory is to be incorporated.
66.016(2)(d)
(d)
Impact on the metropolitan community. The effect upon the future rendering of governmental services both inside the territory proposed for incorporation and elsewhere within the metropolitan community. There shall be an express finding that the proposed incorporation will not substantially hinder the solution of governmental problems affecting the metropolitan community.
66.016 Annotation
Delegation of legislative power under (2) (d) is constitutional. Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.
66.016 Annotation
See note to 66.015, citing In re Petition of Tp. of Campbell, 78 W (2d) 246, 254 NW (2d) 241.
66.016 Annotation
Incorporation of town in metropolitan area discussed. Pleasant Prairie v. Local Affairs Dept. 113 W (2d) 327, 334 NW (2d) 893 (1983).
66.016 Annotation
That the development department approved annexations which helped create fragmented town borders does not render the department's determination that the town's proposed incorporation did not meet the requirement of homogeneity and compactness arbitrary and capricious. Incorporation of the Town of Pewaukee, 186 W (2d) 515, 521 NW (2d) 453 (Ct. App. 1994).
66.017
66.017
Review of the action. 66.017(2)
(2) The decision of the department made under
s. 66.014 (9) shall be subject to judicial review under
ch. 227.
66.017(3)
(3) Where a proceeding for judicial review is commenced under
sub. (2), appeal under
sub. (1) may not be taken and the time in which the appeal may be taken does not commence to run until judgment is entered in the proceeding for judicial review.
66.017(4)
(4) Where an incorporation referendum has been ordered by the circuit court under
s. 66.014 (9) (f), the referendum shall not be stayed pending the outcome of further litigation, unless the court of appeals or the supreme court, upon appeal or upon the filing of an original action in supreme court, concludes that a strong probability exists that the order of the circuit court or the decision of the department will be set aside.
66.017 History
History: 1977 c. 29,
187; Sup. Ct. Order, 146 W (2d) xiii (1988.
66.017 Annotation
Where a petition to incorporate is dismissed due to DOA disapproval under s. 66.014 (9), sub. (2) prevents appellate court review prior to judicial review under ch. 227. Petition to Incorporate Powers Lake Village, 171 W (2d) 659, 492 NW (2d) 342 (Ct. App. 1992).
66.018
66.018
Referendum procedure. 66.018(1)
(1)
Order. The circuit court's order for an incorporation referendum shall specify the voting place and the date of the referendum, which shall be not less than 6 weeks from the date of the order, and name 3 inspectors of election. If the order is for a city incorporation referendum the order shall further specify that 7 alderpersons shall be elected at large from the proposed city. The city council at its first meeting shall determine the number and boundaries of wards in compliance with
s. 5.15 (1) and
(2), and the combination of wards into aldermanic districts. The number of alderpersons per aldermanic district shall be determined by charter ordinance.
66.018(2)
(2) Notice of referendum. Notice of the referendum shall be given by publication of the order of the circuit court in a newspaper having general circulation in the territory. Such publication shall be once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.
66.018(3)
(3) Return. An incorporation referendum shall be conducted in the same manner as an annexation referendum under
s. 66.021 (5) insofar as applicable except that the ballot shall contain the words "For a city [village]" and "Against a city [village]". The inspectors shall make a return to the circuit court.
66.018(4)
(4) Costs. If the referendum is against incorporation, the costs of the election shall be borne by the towns involved in the proportion that the number of electors of each town within the territory proposed to be incorporated, voting in the referendum, bears to the total number of electors in the territory voting in the referendum. If the referendum is for a village or city, the costs shall be charged against the municipality in the apportionment of town assets.
66.018(5)
(5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of state and supply the secretary of state with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat thereof. Within 10 days of receipt of the description and plat, the secretary of state shall forward 2 copies to the department of transportation, one copy to the department of administration, one copy to the department of revenue and one copy to the department of commerce. The secretary of state shall issue a certificate of incorporation and record the same.
