AB93: Bill Text

LRB-0463/1

MES:kg:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 93

February 4, 1999 - Introduced by Representatives Wood, Goetsch, Kelso and Powers, cosponsored by Senators Risser and George. Referred to Committee on Urban and Local Affairs.

AB93,1,5 An Act to amend 60.10 (2) (h), 60.61 (3) (intro.), 60.62 (3), 66.021 (2) (intro.), 66.024 (intro.) and 66.025; and to create 15.105 (14), 16.965, 20.505 (4) (if) and 66.011 of the statutes; relating to: limitations on residential development in towns, plans for residential development in towns, limitations on annexation of town territory, creating the land use board and making an appropriation.

Analysis by the Legislative Reference Bureau

Currently, in general, there are no statutory provisions that restrict residential development in towns. Also under current law, town territory that is contiguous to any city or village may be annexed to that city or village under several methods. Two of the methods are: 1) direct annexation, under which a petition for annexation that was signed by the required number of electors and landowners is filed with the city or village clerk; and 2) annexation by referendum, under which a petition for referendum that was signed by the required number of electors and landowners is filed with the city or village clerk and a referendum is held and passes in the town. Under both of these methods, in a county with a population of at least 50,000, the department of administration (DOA) is authorized to mail to the clerks of the town and city or village involved in the proposed annexation a notice that states that in the opinion of DOA the annexation is against the public interest. Upon receiving such notice, the annexing municipality is required to review DOA's advice before final action is taken.

Subject to 2 general exceptions, this bill prohibits residential development in a town outside of a "residential transition area". Such an area is defined as town territory that is identified as a transition area by a town plan that is prepared according to procedures that are created in the bill. The exceptions to the general prohibition on residential development are for certain dwellings on farmland and for residential development on a lot that, on the effective date of the bill, is included in a preliminary or final subdivision plat that has been submitted for approval or in a subdivision plat that has been recorded if the development is permitted by an existing zoning ordinance or to which no zoning ordinance applies.

Also under the bill, no city or village may annex any town territory unless the town board of the town from which the territory is proposed to be annexed adopts a plan according to the requirements under the bill and the governing body of the city or village agrees to the town plan. Under certain circumstances, approval of the plan by DOA is required and the prohibition on annexation continues until DOA either approves or disapproves the plan.

Under the bill, the adoption by a town of a plan that designates a residential transition area requires a number of steps and procedures. The town plan may be prepared by a single town, or may be cooperatively developed by any combination of cities, villages and towns. The required steps and procedures include notice to DOA and other state agencies, the clerks of various units of government that have any of their territory within five miles of the town, the clerk of the county in which the town is located and any county zoning agency or regional planning commission whose jurisdiction includes the town; public hearing requirements; and public comment requirements. The plan is also required to have a number of elements and must address a number of goals, unless the required elements or goals are inapplicable to or incompatible with the town plan and the reasons for the inapplicability or incompatibility are stated in the plan.

Required plan elements include a statement to guide future growth and development of the town, a statement of objectives to protect the environment, a statement of how the plan is consistent with the goals that are addressed in the plan, a land use element, a transportation element, a utility and facility element, an implementation element and a boundary element. Goals that must be addressed by the plan include a settlement pattern goal, a quality of wildlife and land resources goal, a recreation goal, a housing goal and a public services and utilities goal.

The requirements for establishing a town plan vary depending on whether the town has a common boundary with a city or village and on the proximity of the residential transition area to a city or village. If a town has a common boundary with a city or village, the town may establish a residential transition area within the town's "transition area jurisdiction", which is defined as the unincorporated area within three miles of the corporate limits of a first, second or third class city, or within 1.5 miles of a fourth class city or a village, if the town board approves a plan, if the city or village approves the plan and, if necessary, DOA approves the plan. If a town has a common boundary with a city or village, the town may establish a residential transition area outside of the town's transition area jurisdiction if, in addition to the requirements for establishing a residential transition area within the town's transition area jurisdiction, any other town with which the town has a common border approves the town plan. If the town has no common boundaries with a city or village, the town may establish a residential transition area within the town if the town adopts a plan as provided in the bill. If a town plan is adopted by a town in a county with a population of at least 50,000, any elector of the town adopting the plan or of a city or village agreeing to the plan may request that DOA review and approve the plan. DOA is required to approve the plan if it complies with the required plan elements and is consistent with the goals that the plan must address. DOA's decision to approve or disapprove a town plan is subject to judicial review.

If a town and a city or a village, or a town and another town, are unable to reach an agreement on the provisions of a town plan a mediation committee, which is made up of five appointees of the county executive or chair of the county board, is required to resolve the dispute upon the request of one of the parties and determine the provisions of the town plan. The committee's decision is considered to be an agreement between the parties on the town plan, except that the committee's decision is subject to review by the state land use board, which is created in the bill. The land use board is required to resolve the dispute upon the request of one of the parties and determine the provisions of the town plan. The board's decision is considered to be an agreement between the parties on the town plan, except that the board's decision is subject to judicial review.

A town plan that is agreed to by a city or village and, if necessary, approved by DOA, is binding to the extent that it designates a residential transition area and to the extent that the plan provides for boundary freezes or adjustments. The plan may also specify other elements of the plan that, if agreed upon, are binding. Unless a city or village agrees to do so, no town plan may require a city or village to provide or extend public services or make public improvements.

Under the bill, no residential development may commence in the residential transition area until a zoning ordinance, that is consistent with the town plan, is in effect. The town may enact a zoning ordinance, notwithstanding current law limitations on the exercise of town zoning in relation to county zoning, or the town may choose to continue to operate under the zoning ordinance of another jurisdiction that applies to town territory that is included in the plan. The zoning provisions in the bill do not affect shoreland, wetlands or exclusive agricultural zoning, or airport approach ordinances.

A town plan may be amended during the term of the plan that is specified in the original plan. An amendment to a town plan is subject to agreement by the same city, village or other town that approved the original plan, and to DOA approval if DOA had to approve the original plan. If the amendment to the plan proposes to change or freeze a municipal boundary, or change the designation of a residential transition area, the same procedures that are required for the original plan must be followed for the amendment, otherwise an expedited procedure, which does not include the same hearing requirements, may be used in most cases.

For further information see the state and 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:

AB93, s. 1 Section 1. 15.105 (14) of the statutes is created to read:

AB93,4,3 15.105 (14) Land use board. (a) Creation. There is created a land use board attached to the department of administration under s. 15.03.

AB93,4,5 (b) Members. The board consists of 3 members, to serve for 3-year terms. Members may be removed from the board only for just cause.

AB93,4,8 (c) Meetings. The chairperson shall call a meeting of the board as soon as possible after receiving a copy of a resolution that is described in s. 66.011 (10) (c) and (11) (c).

AB93, s. 2 Section 2. 16.965 of the statutes is created to read:

AB93,4,11 16.965 Land use board. (1) Definition. In this section, "board" means the land use board.

AB93,4,17 (2) Board duties. The board shall resolve disputes between a town and a city or village, or between 2 or more towns, that relate to a town plan that is adopted by a town under s. 66.011 and results in a dispute that is described in s. 66.011 (10) (c) and (11) (c). After reviewing the documents that are submitted to the board by the parties to the dispute, the board shall issue a written decision that determines the contents of a town plan, as described in s. 66.011 (10) (c) and (11) (c).

AB93, s. 3 Section 3. 20.505 (4) (if) of the statutes is created to read:

AB93,4,20 20.505 (4) (if) Land use board. A sum sufficient for the general program operations of the board under s. 16.965.

AB93, s. 4 Section 4. 60.10 (2) (h) of the statutes is amended to read:

AB93,5,4 60.10 (2) (h) Exercise of certain zoning authority. In Except as provided in s. 66.011 (13) (b), in a town located in a county which has enacted a zoning ordinance under s. 59.69, authorize, under s. 60.62 (2), the town board to enact town zoning ordinances under s. 61.35.

AB93, s. 5 Section 5. 60.61 (3) (intro.) of the statutes is amended to read:

AB93,5,9 60.61 (3) Exercise of authority. (intro.) Before Except as provided in s. 66.011 (13) (b), before exercising authority under sub. (2), the town board shall petition the county board to initiate, at any regular or special meeting, action to enact a county zoning ordinance under s. 59.69. The town board may proceed under sub. (2) if:

AB93, s. 6 Section 6. 60.62 (3) of the statutes is amended to read:

AB93,5,13 60.62 (3) In Except as provided in s. 66.011 (13) (b), in counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board.

AB93, s. 7 Section 7. 66.011 of the statutes is created to read:

AB93,5,16 66.011 Residential development in towns; town plans; and annexation of town territory. (1) Definitions. In this section:

AB93,5,17 (a) "Agricultural use" has the meaning given in s. 91.01 (1).

AB93,5,21 (b) "Common boundary" means the area at which the boundary of a city, village or town meets the boundary of another city, village or town, except that a common boundary must be greater than a single point of intersection between the 2 municipalities.

AB93,5,22 (c) "Department" means the department of administration.

AB93,6,3 (d) "Dwelling" means any building that contains 1 or 2 dwelling units or an apartment building, rowhouse, town house, condominium or manufactured building, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units the initial construction of which is begun on or after January 1, 1993. "Dwelling" does not include a facility licensed under ch. 50.

AB93,6,7 (dm) "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. "Dwelling" does not include a facility licensed under ch. 50.

AB93,6,10 (e) "Farmland" means a parcel of 35 or more acres of contiguous real property that is in agricultural use and that customarily produces, each year, not less than $6,000 in gross farm profits resulting from agricultural use.

AB93,6,11 (f) "Municipality" means a city, village or town.

AB93,6,13 (g) "Residential development" means the construction of a dwelling, other than the construction of a dwelling on farmland which is occupied by any of the following:

AB93,6,14 1. An owner, as defined in s. 91.01 (9), of the parcel.

AB93,6,16 2. A person who, or a family at least one adult member of which, earns the majority of his or her gross income from conducting the farm operations on the parcel.

AB93,6,18 3. A parent or child of an owner who conducts the majority of the farm operations on the parcel.

AB93,6,20 4. A parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel.

AB93,6,22 (h) "Residential transition area" means that territory of a town identified as a transition area by a town plan that is approved under this section.