AB127: Bill Text

AB127,5,20 (b) A resolution adopted by a town board under sub. (1) may not take effect until the resolution is approved in a referendum called for by the town board under par. (a). If the referendum is approved by the electors of the town, the town clerk shall certify that fact to the secretary of state. The secretary of state shall issue a certificate of urban town status and shall record that status in a book kept for that purpose.

AB127,5,22 (3) Powers. (a) A town that is subject to this section may exercise any statutory power that a village may exercise, except as follows:

AB127,5,24 1. A town acting under this section does not have home rule powers under article XI, section 3, of the constitution or under s. 61.34 (5).

AB127,6,4 2. A town acting under this section may not exercise extraterritorial zoning powers under s. 62.23 (7a) or 66.32, offensive industry regulation under s. 66.052 (1), extraterritorial plat approval under s. 236.10 or wetlands in shorelands zoning authority under s. 61.351.

AB127,6,6 3. A town acting under this section may not exercise annexation of territory powers under s. 66.021, 66.024 or 66.025.

AB127,6,8 4. A town acting under this section may not create a tax incremental financing district under s. 66.46.

AB127,6,10 5. A town acting under this section may not adopt a village form of governance by acting under ss. 61.19 to 61.325.

AB127,6,15 (b) 1. Except for a wetlands in shorelands zoning ordinance, no town may be subject to any county zoning ordinance that is enacted by a county board after a town board adopts a resolution under sub. (1) unless the town board approves the ordinance or until the resolution adopted by the town board under sub. (1) is defeated in a referendum that is held under sub. (2).

AB127,6,20 2. If a town board adopts a resolution under sub. (1) and the resolution is ratified under sub. (2), a town board may adopt a resolution revoking its approval of any county zoning ordinance, other than a wetlands in shorelands zoning ordinance, if the town board notifies the county board in writing at least 60 days before the resolution revoking approval of a county zoning ordinance takes effect.

AB127,6,23 3. Beginning on the effective date of the resolution revoking town approval of a county zoning ordinance, a town that is subject to this section may enact zoning ordinances only under s. 62.23.

AB127,7,5 (c) No town territory may be annexed by a city or village under s. 66.021, 66.024 or 66.025 during the 3-year period described under sub. (1m) (b), during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve such a resolution under sub. (2), unless the town board approves the proposed annexation or unless the land proposed to be annexed is less than 300 acres and at least 85% of the border of such land is contiguous to the annexing city or village.

AB127,7,10 (d) No town may be subject to the extraterritorial zoning jurisdiction or extraterritorial plat approval jurisdiction of a city or village during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve such a resolution under sub. (2).

AB127,7,15 (e) 1. If a town is a party to a cooperative boundary plan under s. 66.023 or similar cooperative boundary agreement under s. 66.30 on the date on which the town becomes an urban town, the terms of the plan or agreement, or any approved amendments to the plan or agreement, shall remain in effect until the expiration of the planning period that is specified in the plan or the expiration of the agreement.

AB127,7,21 2. A town may become a party to a cooperative boundary plan under s. 66.023 any time before the first day of the 24th month beginning after the effective date of this subdivision .... [revisor inserts date]. If a town becomes a party to such a plan under this subdivision, the terms of the plan, or any approved amendments to the plan, shall remain in effect until the expiration of the planning period that is specified in the plan.

AB127,7,24 3. Except as provided in this paragraph and in par. (c), the boundaries of an urban town may not be changed under s. 66.02 or 66.022, or by the acquisition or disposal of territory by any means, unless the town agrees to the change.

AB127,8,2 (4) Sunset. This section does not apply on or after the first day of the 60th month beginning after the effective date of this subsection .... [revisor inserts date].

AB127, s. 3 Section 3. 60.61 (2) (intro.) of the statutes is amended to read:

AB127,8,6 60.61 (2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town is located in a county which has not enacted a county zoning ordinance under s. 59.69, the town board of a town that is not subject to s. 60.225, by ordinance, may:

AB127, s. 4 Section 4. 60.62 (1) of the statutes is amended to read:

AB127,8,10 60.62 (1) Subject to subs. (2), (3) and (4) and to s. 60.225 (3) (b) 3., if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt enact zoning ordinances under s. 61.35.

AB127, s. 5 Section 5. 60.62 (2) of the statutes is amended to read:

AB127,8,17 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (b) 2.

AB127, s. 6 Section 6. 60.62 (3) of the statutes is amended to read:

AB127,8,23 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted enacted under this section unless it is approved by the county board, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (b) 2.

AB127, s. 7 Section 7. 62.23 (7a) (a) of the statutes is amended to read:

AB127,9,20 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated area, except as provided in s. 60.225 (3) (d), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village. Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.32 shall apply and any subsequent alteration of the corporate limits of the city by annexation, detachment or consolidation proceedings shall not affect the dividing line as initially determined under s. 66.32. The governing body of the city shall specify by resolution the description of the area to be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to determine its location and such area shall be contiguous to the city. The boundary line of such area shall follow government lot or survey section or fractional section lines or public roads, but need not extend to the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption of the resolution the governing body shall declare its intention to prepare a comprehensive zoning ordinance for all or part of its extraterritorial zoning jurisdiction by the publication of the resolution in a newspaper having general circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and a scale map reasonably showing the boundaries of the extraterritorial jurisdiction to the clerk of the county in which the extraterritorial jurisdiction area is located and to the town clerk of each town, any part of which is included in such area.

AB127, s. 8 Section 8. 66.021 (2) (intro.) of the statutes is amended to read:

AB127,9,24 66.021 (2) Methods of annexation. (intro.) Subject to s. 66.023 (7) and except as provided in s. 60.225 (3) (c), territory contiguous to any city or village may be annexed thereto in the following ways:

AB127, s. 9 Section 9. 66.024 (intro.) of the statutes is amended to read:

AB127,10,5 66.024 Annexation by referendum; court order. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.023 (7) and except as provided in s. 60.225 (3) (c), unincorporated territory which contains electors and is contiguous to a city or village may be annexed thereto in the manner hereafter provided. The definitions in s. 66.021 (1) shall apply to this section.

AB127, s. 10 Section 10. 66.025 of the statutes is amended to read:

AB127,10,20 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.023 (7) and except as provided in s. 60.225 (3) (c), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and shall operate to attach the territory to the village or city upon the filing of 6 certified copies thereof in the office of the secretary of state, together with 6 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction.

AB127, s. 11 Section 11. 66.32 of the statutes is amended to read:

AB127,11,7 66.32 Extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052, 236.10 and 254.57, may not be exercised within the corporate limits of another city or village and may not be exercised within the corporate limits of a town during the period beginning after the town board has adopted a resolution under s. 60.225 (1) and before a ratification vote under s. 60.225 (2) or at any time after the electors of the town approve such a resolution under s. 60.225 (2). Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.

AB127, s. 12 Section 12. 236.02 (5) of the statutes is amended to read:

AB127,11,12 236.02 (5) "Extraterritorial plat approval jurisdiction" means the unincorporated area, except as provided in s. 60.225 (3) (d), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.

AB127,11,13 (End)