Subject to several conditions, this bill authorizes a town board that is
authorized to exercise village powers to adopt a resolution declaring that the town
is an urban town. Under certain circumstances and subject to several limitations,
the bill allows a town board that has adopted such a resolution to exercise any
statutory power that a village may exercise, including the power to create a housing
authority for the elderly. Before the town board may adopt a resolution declaring
that the town is an urban town, the town must either: attempt, and fail, to

consolidate with a city or village and have attempted to incorporate as a city or village
between 1988 and 1998; or attempt to consolidate with a city or village and attempt,
and fail, to incorporate as a city or village within three years after commencing the
procedures that are required to become an urban town. The town board may adopt
a resolution declaring that the town is an urban town only after its attempts to
consolidate or incorporate fail. Once the town board adopts an urban town
resolution, the resolution may take effect only after the resolution is approved by the
electors of the town in a referendum.
The bill also allows the board of an urban town to exercise certain zoning powers
and to remove the town from coverage of county zoning ordinances, other than a
county shorelands zoning ordinance, and exempts the town from being subject to
certain city and village annexation and extraterritorial powers. If the town is a party
to a cooperative boundary plan or agreement on the date that it becomes an urban
town, the terms of the plan or agreement remain in effect until the expiration of the
plan or agreement. Also under the bill, town residents may attempt to enact direct
legislation. This bill does not extend constitutional or statutory home rule powers
to urban towns, nor does it allow such towns to create a tax incremental financing
district, to adopt a village form of government, to annex territory or to engage in
extraterritorial zoning or plat approval.
The powers granted to urban towns in this bill apply only if certain conditions
are met on the date on which the town board adopts the resolution. Some of the
conditions that must be satisfied include the following:
1. The population of the town must be at least 7,500.
2. The equalized value of the town must exceed $360,000,000 and must be at
least $40,000 on a per person basis.
3. The town must provide law enforcement, fire protection and emergency
medical services 24 hours a day.
4. At least 30% of the town residents must receive water supply and sewage
disposal services from one of several entities, such as a town sanitary district, a town
utility district, a metropolitan sewerage district or another city, village or town.
5. The town must adopt a comprehensive land use plan as part of a master plan.
6. The town board must consist of five supervisors.
The bill also contains a sunset provision, such that the provisions allowing the
creation of an urban town remain in effect for only five years.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB127, s. 1 1Section 1. 60.10 (1) (g) of the statutes is created to read:
AB127,2,32 60.10 (1) (g) Approval of resolutions. Approve a resolution adopted by the town
3board under s. 60.225 (1).
AB127, s. 2
1Section 2. 60.225 of the statutes is created to read:
AB127,3,6 260.225 Urban towns. (1) Process; requirements. Subject to sub. (1m), if a
3town board is authorized to exercise village powers under s. 60.10 (2) (c), and subject
4to sub. (2), a town board may adopt a resolution declaring its town to be an urban
5town that is subject to this section if, on the date of adoption of the resolution, all of
6the following conditions are satisfied:
AB127,3,77 (a) The population of the town is at least 7,500.
AB127,3,88 (b) The equalized value of the town exceeds all of the following amounts:
AB127,3,99 1. According to the most recent assessment, $360,000,000.
AB127,3,1010 2. On a per person basis, $40,000 according to the most recent assessment.
AB127,3,1311 (c) The town provides law enforcement services, 24 hours a day, by establishing
12a town police department, by creating a joint police department with another city,
13village or town under s. 60.56 or by contracting with another person under s. 60.56.
AB127,3,1614 (d) The town provides fire protection services, 24 hours a day, by establishing
15a town fire department or by creating a joint fire department with another city,
16village or town under s. 60.55.
AB127,3,1817 (e) The town provides emergency medical technician services, 24 hours a day,
18by an emergency medical technician, as defined in s. 146.50 (1) (e).
AB127,3,2119 (f) The town board adopts a comprehensive land use plan as part of a master
20plan under s. 62.23 (2) and (3) that is administered by a planner who is employed by
21the town.
AB127,3,2322 (g) At least 30% of the town residents receive water supply and sanitary sewage
23disposal services from one of the following:
AB127,3,2424 1. A town sanitary district created by the town under subch. IX.
AB127,3,2525 2. A town utility district created under s. 66.072.
AB127,4,2
13. A metropolitan sewerage district created under ss. 66.20 to 66.26 or under
2ss. 66.88 to 66.918.
AB127,4,33 4. A public utility created under s. 196.01 (5).
AB127,4,44 5. A town sanitary district created by another town under subch. IX.
AB127,4,55 6. A city or village.
AB127,4,86 7. A city-owned treatment works or village-owned treatment works in which
7the town has an interest under an intergovernmental cooperation agreement under
8s. 66.30.
AB127,4,99 (h) The town board consists of 5 supervisors.
AB127,4,15 10(1m) Procedure. (a) Subject to par. (c) and except as provided in par. (b), a town
11board may proceed under sub. (1) only if the town board adopts a resolution declaring
12its intent to proceed under this paragraph and only if the town board institutes
13proceedings under s. 66.02 to consolidate the town with a city or village on or after
14the effective date of this paragraph .... [revisor inserts date], and if, between 1988 and
151998, the town board has done one of the following:
AB127,4,1616 1. Instituted proceedings to incorporate the town as a city under s. 66.012.
AB127,4,1817 2. Instituted proceedings to incorporate the town as a city or village under ss.
1866.013 to 66.019.
AB127,4,2519 (b) Subject to par. (c), if a town board has not instituted one of the proceedings
20under par. (a) 1. or 2. between 1988 and 1998, the town board may proceed under sub.
21(1) only if the town board adopts a resolution declaring its intent to proceed under
22this paragraph and only if the town board, within a 3-year period beginning on the
23date of the adoption of the resolution declaring its intent to proceed under this
24paragraph, institutes proceedings under s. 66.02 to consolidate the town with a city
25or village and the town board institutes proceedings described under par. (a) 1. or 2.
AB127,5,4
1(c) The town board may adopt a resolution under sub. (1) only if the town board
2institutes the proceedings under par. (a) or under par. (b) and the proceedings do not
3result in either a consolidation under s. 66.02 or the incorporation of the town as a
4city under s. 66.012 or as a city or village under ss. 66.013 to 66.019.
AB127,5,14 5(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
6town board shall call a referendum to approve the resolution adopted under sub. (1).
7The referendum shall be called for that purpose at the next spring primary or election
8or September primary or general election, or the town board may call and conduct
9a special referendum under s. 8.55, to be held not sooner than 45 days after the
10referendum is called by the town board. The town board shall call for a referendum
11under this subsection not later than 90 days after the adoption of a resolution under
12sub. (1). The referendum question shall be: "Do you approve the town board's
13adoption of the resolution declaring the Town of .... [insert name of town] to be an
14urban town?"
AB127,5,2015 (b) A resolution adopted by a town board under sub. (1) may not take effect until
16the resolution is approved in a referendum called for by the town board under par.
17(a). If the referendum is approved by the electors of the town, the town clerk shall
18certify that fact to the secretary of state. The secretary of state shall issue a
19certificate of urban town status and shall record that status in a book kept for that
20purpose.
AB127,5,22 21(3) Powers. (a) A town that is subject to this section may exercise any statutory
22power that a village may exercise, except as follows:
AB127,5,2423 1. A town acting under this section does not have home rule powers under
24article XI, section 3, of the constitution or under s. 61.34 (5).
AB127,6,4
12. A town acting under this section may not exercise extraterritorial zoning
2powers under s. 62.23 (7a) or 66.32, offensive industry regulation under s. 66.052 (1),
3extraterritorial plat approval under s. 236.10 or wetlands in shorelands zoning
4authority under s. 61.351.
AB127,6,65 3. A town acting under this section may not exercise annexation of territory
6powers under s. 66.021, 66.024 or 66.025.
AB127,6,87 4. A town acting under this section may not create a tax incremental financing
8district under s. 66.46.
AB127,6,109 5. A town acting under this section may not adopt a village form of governance
10by acting under ss. 61.19 to 61.325.
AB127,6,1511 (b) 1. Except for a wetlands in shorelands zoning ordinance, no town may be
12subject to any county zoning ordinance that is enacted by a county board after a town
13board adopts a resolution under sub. (1) unless the town board approves the
14ordinance or until the resolution adopted by the town board under sub. (1) is defeated
15in a referendum that is held under sub. (2).
AB127,6,2016 2. If a town board adopts a resolution under sub. (1) and the resolution is
17ratified under sub. (2), a town board may adopt a resolution revoking its approval of
18any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
19if the town board notifies the county board in writing at least 60 days before the
20resolution revoking approval of a county zoning ordinance takes effect.
AB127,6,2321 3. Beginning on the effective date of the resolution revoking town approval of
22a county zoning ordinance, a town that is subject to this section may enact zoning
23ordinances only under s. 62.23.
AB127,7,524 (c) No town territory may be annexed by a city or village under s. 66.021, 66.024
25or 66.025 during the 3-year period described under sub. (1m) (b), during the period

1beginning after a town board adopts a resolution under sub. (1) and before a
2ratification vote under sub. (2) or at any time after the electors of the town approve
3such a resolution under sub. (2), unless the town board approves the proposed
4annexation or unless the land proposed to be annexed is less than 300 acres and at
5least 85% of the border of such land is contiguous to the annexing city or village.
AB127,7,106 (d) No town may be subject to the extraterritorial zoning jurisdiction or
7extraterritorial plat approval jurisdiction of a city or village during the period
8beginning after a town board adopts a resolution under sub. (1) and before a
9ratification vote under sub. (2) or at any time after the electors of the town approve
10such a resolution under sub. (2).
AB127,7,1511 (e) 1. If a town is a party to a cooperative boundary plan under s. 66.023 or
12similar cooperative boundary agreement under s. 66.30 on the date on which the
13town becomes an urban town, the terms of the plan or agreement, or any approved
14amendments to the plan or agreement, shall remain in effect until the expiration of
15the planning period that is specified in the plan or the expiration of the agreement.
AB127,7,2116 2. A town may become a party to a cooperative boundary plan under s. 66.023
17any time before the first day of the 24th month beginning after the effective date of
18this subdivision .... [revisor inserts date]. If a town becomes a party to such a plan
19under this subdivision, the terms of the plan, or any approved amendments to the
20plan, shall remain in effect until the expiration of the planning period that is
21specified in the plan.
AB127,7,2422 3. Except as provided in this paragraph and in par. (c), the boundaries of an
23urban town may not be changed under s. 66.02 or 66.022, or by the acquisition or
24disposal of territory by any means, unless the town agrees to the change.
AB127,8,2
1(4) Sunset. This section does not apply on or after the first day of the 60th
2month beginning after the effective date of this subsection .... [revisor inserts date].
AB127, s. 3 3Section 3. 60.61 (2) (intro.) of the statutes is amended to read:
AB127,8,64 60.61 (2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town
5is located in a county which has not enacted a county zoning ordinance under s. 59.69,
6the town board of a town that is not subject to s. 60.225, by ordinance, may:
AB127, s. 4 7Section 4. 60.62 (1) of the statutes is amended to read:
AB127,8,108 60.62 (1) Subject to subs. (2), (3) and (4) and to s. 60.225 (3) (b) 3., if a town board
9has been granted authority to exercise village powers under s. 60.10 (2) (c), the board
10may adopt enact zoning ordinances under s. 61.35.
AB127, s. 5 11Section 5. 60.62 (2) of the statutes is amended to read:
AB127,8,1712 60.62 (2) If the county in which the town is located has enacted a zoning
13ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
14approval by the town meeting or by a referendum vote of the electors of the town held
15at the time of any regular or special election, except that this subsection does not
16apply if a town board revokes its approval of a county zoning ordinance under s.
1760.225 (3) (b) 2
.
AB127, s. 6 18Section 6. 60.62 (3) of the statutes is amended to read:
AB127,8,2319 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance
20or amendment of a zoning ordinance may be adopted enacted under this section
21unless it is approved by the county board, except that this subsection does not apply
22if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3)
23(b) 2
.
AB127, s. 7 24Section 7. 62.23 (7a) (a) of the statutes is amended to read:
AB127,9,20
162.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
2area, except as provided in s. 60.225 (3) (d), within 3 miles of the corporate limits of
3a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
4Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.32
5shall apply and any subsequent alteration of the corporate limits of the city by
6annexation, detachment or consolidation proceedings shall not affect the dividing
7line as initially determined under s. 66.32. The governing body of the city shall
8specify by resolution the description of the area to be zoned within its extraterritorial
9zoning jurisdiction sufficiently accurate to determine its location and such area shall
10be contiguous to the city. The boundary line of such area shall follow government lot
11or survey section or fractional section lines or public roads, but need not extend to
12the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
13of the resolution the governing body shall declare its intention to prepare a
14comprehensive zoning ordinance for all or part of its extraterritorial zoning
15jurisdiction by the publication of the resolution in a newspaper having general
16circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The
17city clerk shall mail a certified copy of the resolution and a scale map reasonably
18showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
19in which the extraterritorial jurisdiction area is located and to the town clerk of each
20town, any part of which is included in such area.
AB127, s. 8 21Section 8. 66.021 (2) (intro.) of the statutes is amended to read:
AB127,9,2422 66.021 (2) Methods of annexation. (intro.) Subject to s. 66.023 (7) and except
23as provided in s. 60.225 (3) (c)
, territory contiguous to any city or village may be
24annexed thereto in the following ways:
AB127, s. 9 25Section 9. 66.024 (intro.) of the statutes is amended to read:
AB127,10,5
166.024 Annexation by referendum; court order. (intro.) As a complete
2alternative to any other annexation procedure, and subject to s. 66.023 (7) and except
3as provided in s. 60.225 (3) (c)
, unincorporated territory which contains electors and
4is contiguous to a city or village may be annexed thereto in the manner hereafter
5provided. The definitions in s. 66.021 (1) shall apply to this section.
AB127, s. 10 6Section 10. 66.025 of the statutes is amended to read:
AB127,10,20 766.025 Annexation of owned territory. In addition to other methods
8provided by law and subject to ss. 59.692 (7) and 66.023 (7) and except as provided
9in s. 60.225 (3) (c)
, territory owned by and lying near but not necessarily contiguous
10to a village or city may be annexed to a village or city by ordinance enacted by the
11board of trustees of the village or the common council of the city, provided that in the
12case of noncontiguous territory the use of the territory by the city or village is not
13contrary to any town or county zoning regulation. The ordinance shall contain the
14exact description of the territory annexed and the names of the towns from which
15detached, and shall operate to attach the territory to the village or city upon the filing
16of 6 certified copies thereof in the office of the secretary of state, together with 6 copies
17of a plat showing the boundaries of the territory attached. Two copies of the
18ordinance and plat shall be forwarded by the secretary of state to the department of
19transportation, one copy to the department of natural resources, one copy to the
20department of revenue and one copy to the department of public instruction.
AB127, s. 11 21Section 11. 66.32 of the statutes is amended to read:
AB127,11,7 2266.32 Extraterritorial powers. The extraterritorial powers granted to cities
23and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052, 236.10 and
24254.57, may not be exercised within the corporate limits of another city or village and
25may not be exercised within the corporate limits of a town during the period

1beginning after the town board has adopted a resolution under s. 60.225 (1) and
2before a ratification vote under s. 60.225 (2) or at any time after the electors of the
3town approve such a resolution under s. 60.225 (2)
. Wherever these statutory
4extraterritorial powers overlap, the jurisdiction over the overlapping area shall be
5divided on a line all points of which are equidistant from the boundaries of each
6municipality concerned so that not more than one municipality shall exercise power
7over any area.
AB127, s. 12 8Section 12. 236.02 (5) of the statutes is amended to read:
AB127,11,129 236.02 (5) "Extraterritorial plat approval jurisdiction" means the
10unincorporated area, except as provided in s. 60.225 (3) (d), within 3 miles of the
11corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city
12or a village.
AB127,11,1313 (End)
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