AB770-ASA1,21,25 18c. If the governing body of the town or municipality requires a subdivider to
19provide security under this paragraph subd. 1. a., the governing body may not
20require the subdivider to provide the security for more than 14 months after the date
21the public improvements for which the security is provided are substantially
22completed and upon substantial completion of the public improvements, the amount
23of the security the subdivider is required to provide may be no more than an amount
24equal to the total cost to complete any uncompleted public improvements plus 10
25percent of the total cost of the completed public improvements.
AB770-ASA1,22,2
1d. This paragraph applies to all preliminary and final plats, regardless of
2whether submitted for approval before, on, or after August 1, 2014.
AB770-ASA1,53 3Section 53 . 236.13 (2) (a) 2. of the statutes is renumbered 236.13 (2) (am) 2.
4and amended to read:
AB770-ASA1,22,105 236.13 (2) (am) 2. For purposes of subd. 1., public improvements reasonably
6necessary for a project or a phase of a project are considered to be substantially
7completed at the time upon the installation of the asphalt or concrete binder coat is
8installed
course on roads to be dedicated or, if the required public improvements do
9not include a road to be dedicated, at the time that 90 percent of the public
10improvements by cost are completed.
AB770-ASA1,54 11Section 54 . 236.13 (2) (ad) of the statutes is created to read:
AB770-ASA1,22,1212 236.13 (2) (ad) In this subsection:
AB770-ASA1,22,1413 1. “Binder course” means the non-surface-level course that is attached to the
14packed-level gravel course.
AB770-ASA1,22,2015 2. “Land disturbing activity” means any man-made alteration of the land
16surface resulting in a change in the topography or existing vegetative or
17nonvegetative soil cover, that may result in runoff and lead to an increase in soil
18erosion and movement of sediment into waters of this state. “Land disturbing
19activity” includes clearing and grubbing, demolition, excavating, pit trench
20dewatering, filling, and grading activities.
AB770-ASA1,22,2321 3. “Total cost to complete a public improvement” includes the cost to make and
22install storm water facilities. “Total cost to complete a public improvement” does not
23include any of the following:
AB770-ASA1,22,2424 a. Any fees charged by the governing body of the town or municipality.
AB770-ASA1,23,2
1b. Land disturbing activities that are necessary to achieve the desired subgrade
2for public improvements.
AB770-ASA1,55 3Section 55 . 236.13 (2) (am) 1d. of the statutes is created to read:
AB770-ASA1,23,54 236.13 (2) (am) 1d. The estimated total cost to complete the required public
5improvements under subd. 1. shall be determined as follows:
AB770-ASA1,23,96 a. A governing body of the town or municipality may provide an initial estimate
7to the subdivider of the estimated total cost to complete the required public
8improvements. If the subdivider accepts the initial estimate, then the initial
9estimate is the estimated total cost to complete the required public improvements.
AB770-ASA1,23,1510 b. If the governing body of the town or municipality does not provide an initial
11estimate to the subdivider or the subdivider rejects the initial estimate, the
12subdivider shall provide the governing body with a bona fide bid from the
13subdivider's contractor to complete the required public improvements in the event
14of a default. If the governing body accepts the subdivider's bona fide bid, the bona
15fide bid is the estimated total cost to complete the required public improvements.
AB770-ASA1,23,2416 c. If the governing body of the town or municipality rejects the subdivider's
17bona fide bid, the governing body shall provide the subdivider with an estimate for
18the cost to complete the public improvements in the event of a default. If the
19governing body's estimate does not exceed the subdivider's bona fide bid by more
20than 10 percent, the governing body's estimate is the estimated total cost to complete
21the required public improvements. If the governing body's estimate exceeds the
22subdivider's bona fide bid by 10 percent or more, the estimated total cost to complete
23the required public improvements is the amount agreed upon by the subdivider's
24engineer and the governing body's engineer.
AB770-ASA1,56 25Section 56 . 236.13 (2) (am) 1m. of the statutes is created to read:
AB770-ASA1,24,4
1236.13 (2) (am) 1m. a. If the governing body of the town or municipality
2requires a subdivider to provide security under subd. 1. a., the governing body shall
3accept a performance bond or a letter of credit, or any combination thereof, at the
4subdivider's option, to satisfy the requirement.
AB770-ASA1,24,105 b. The subdivider and the governing body of the town or municipality may
6agree that all or part of the requirement to provide security under subd. 1. a. may
7be satisfied by a performance bond provided by the subdivider's contractor that
8names the town or municipality as an additional obligee provided that the form of
9the contractor's performance bond is acceptable to the governing body of the town or
10municipality.
AB770-ASA1,24,1911 c. Unless the governing body of a town or municipality demonstrates that a
12bond form does not sufficiently ensure performance in the event of default, the
13governing body of the town or municipality shall accept a performance bond under
14this subdivision if the person submitting the performance bond demonstrates that
15the performance bond is consistent with a standard surety bond form used by a
16company that, on the date the bond is obtained, is listed as an acceptable surety on
17federal bonds in the most recent circular 570 published by the federal department
18of the treasury, as required under 31 CFR 223.16, and the performance bond is issued
19by a surety company licensed to do business in this state.
AB770-ASA1,57 20Section 57 . 236.13 (2) (am) 3. of the statutes is created to read:
AB770-ASA1,24,2321 236.13 (2) (am) 3. a. With regard to public improvements to which subd. 1.
22applies, no town or municipality may enact an ordinance relating to the substantial
23completion of such a public improvement that is inconsistent with subd. 2.
AB770-ASA1,24,2524 b. Upon such substantial completion, any outstanding local building permits
25that are related to, and dependent upon, substantial completion shall be released.
AB770-ASA1,25,7
1c. The governing body of a town or municipality shall, upon a subdivider's
2request, issue a permit to commence construction of a foundation or any other
3noncombustible structure before substantial completion of a public improvement if
4all public improvements related to public safety are complete and the security
5requirement under subd. 1. a. has been met. The subdivider may not commence work
6on a building until the governing body of the town or municipality approves or issues
7a permit for the construction of the building.
AB770-ASA1,58 8Section 58. 236.34 (1) (ar) 1. of the statutes is amended to read:
AB770-ASA1,25,149 236.34 (1) (ar) 1. Notwithstanding s. 236.45 (2) (ac) and (am), a municipality,
10town, or county that has established a planning agency may enact an ordinance or
11adopt a resolution that specifies a maximum number of parcels that is greater than
124 into which land that is situated in the municipality, town, or county and zoned for
13commercial, multifamily dwelling, as defined in s. 101.971 (2), industrial, or
14mixed-use development may be divided by certified survey map.
AB770-ASA1,59 15Section 59 . 236.45 (6) (am) of the statutes is amended to read:
AB770-ASA1,25,2316 236.45 (6) (am) Notwithstanding subs. (1) and (2) (ac), a municipality, town,
17or county may not, as a condition of approval under this chapter, impose any fees or
18other charges to fund the acquisition or improvement of land, infrastructure, or other
19real or personal property, except that a municipality or town may impose a fee or
20other charge to fund the acquisition or initial improvement of land for public parks
21if the fee or other charge is imposed under a subdivision ordinance enacted or
22amended in accordance with the procedures under s. 66.0617 (3) to (5) and meets the
23requirements under s. 66.0617 (6) to (10)
.
AB770-ASA1,60 24Section 60 . 236.45 (6) (c) of the statutes is created to read:
AB770-ASA1,26,12
1236.45 (6) (c) If a subdivision ordinance of a municipality, town, or county
2requires, as a condition of approval under this chapter, that a subdivider dedicate
3land for a public park, the municipality, town, or county may offer the subdivider the
4option of either dedicating the land or paying a fee or other charge under par. (am)
5in lieu of the dedication. If the subdivider elects to pay a fee or other charge under
6this paragraph, the fee or other charge is payable by the landowner to the
7municipality, town, or county upon the issuance of a building permit by the
8municipality, town, or county. If the subdivider elects to dedicate the land under this
9paragraph, unless the municipality, town, or county agrees otherwise, the subdivider
10only may dedicate land that is consistent with the municipality's, town's, or county's
11park plan or that is contiguous to or within the boundaries of the land being
12subdivided.
AB770-ASA1,61 13Section 61 . 281.33 (6) (a) 1. of the statutes is amended to read:
AB770-ASA1,26,1814 281.33 (6) (a) 1. Control storm water quantity or control flooding peak flow to
15address existing flooding problems or prevent future flooding problems, except that
16an ordinance under this subdivision may not require more than 90 percent of the
17difference between the pre-development annual runoff volume at a site and the
18post-development annual runoff volume at that site to be retained on site
.
AB770-ASA1,62 19Section 62 . Nonstatutory provisions.
AB770-ASA1,26,2520 (1) Notwithstanding Section 63 (4), in any claim or action under section 32.20
21of the statutes for the determination of additional items payable that is pending,
22including any appeal, on the effective date of this subsection, the claimant shall be
23allowed 45 days to submit a revised claim to the condemnor that includes expenses
24permitted under section 32.19 (4m) (a) or (b) of the statutes, as affected by this act,
25whichever is applicable.
AB770-ASA1,63
1Section 63 . Initial applicability.
AB770-ASA1,27,42 (1) Local project approvals. The treatment of section 66.10015 (2) (d) and (5)
3of the statutes first applies to an approval made on the effective date of this
4subsection.
AB770-ASA1,27,85 (2) Subdivision approval conditions related to public park improvements.
6The treatment of section 236.45 (6) (am) and (c) of the statutes first applies to a
7subdivision or other division of land submitted for approval to a municipality, town,
8or county on the effective date of this subsection.
AB770-ASA1,27,129 (3) Just compensation. The treatment of section 32.09 (1m) (a) and (b) of the
10statutes first applies to an action for the determination of fair market value in a
11condemnation proceeding for which title to the subject property has not vested in the
12condemnor on the effective date of this subsection.
AB770-ASA1,27,1713 (4) Relocation benefits. The treatment of sections 32.19 (2) (hm) and (4m) (a)
14(intro.) and 4. and (b) 1. and 32.20 of the statutes first applies to a claim for expenses
15filed under section 32.20 of the statutes for the determination of additional items
16payable, including a claim paid before the effective date of this subsection, on the
17date that precedes the effective date of this subsection by 2 years.
AB770-ASA1,27,2018 (5) Impact fee refunds. The treatment of section 66.0617 (9) (a), (b), (c), and
19(d) of the statutes first applies to an impact fee imposed on the effective date of this
20subsection.
AB770-ASA1,27,2321 (6) Uniform dwelling code; limitation on local authority. The treatment of
22section 101.65 (1c) of the statutes first applies to a contract that is entered into on
23the effective date of this subsection.
AB770-ASA1,27,2524 (7) Levy limit exception. The treatment of section 66.0602 (3) (m) of the
25statutes first applies to a levy that is imposed in December 2019.
AB770-ASA1,28,5
1(8) Tax incremental financing. The treatment of section 66.1105 (2) (ab), (f)
23. (intro.), (n) 1. and 2., and (o), (4) (c) and (gm) 4. a., am., and bm. and 6., (4m) (b)
32., (6) (a) 8. and 14. and (g) 3., and (7) (ak) 5. of the statutes first applies to a tax
4incremental district that is created on October 1, 2018, or whose project plan is
5amended on October 1, 2018.
AB770-ASA1,64 6Section 64. Effective dates. This act takes effect on the day after publication,
7except as follows:
AB770-ASA1,28,98 (1) The treatment of section 66.10013 of the statutes takes effect on January
91, 2019.
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