AB93: Bill Text

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.

AB93,7,2 (i) "Transition area jurisdiction" means the unincorporated area within 3 miles of the corporate limits of a 1st, 2nd or 3rd class city, or within 1.5 miles of a 4th class city or a village, except that if transition area jurisdictions overlap the transition area of each city or village is the overlapping area divided by a line, all points of which are equidistant from the boundaries of each city or village.

AB93,7,13 (2) Areas where residential development prohibited. Residential development may not occur in a town outside of a residential transition area, except that residential development may occur on a lot that, on the effective date of this subsection .... [revisor inserts date], is included in a preliminary or final subdivision plat that has been submitted for approval under s. 236.11 or in a subdivision plat that has been recorded under s. 236.25 if the residential development is permitted by a zoning ordinance that is in effect on the effective date of this subsection .... [revisor inserts date], or if no zoning ordinance applies to the lot. This subsection does not prevent the enactment of a zoning ordinance on or after the effective date of this subsection .... [revisor inserts date], that prevents or regulates residential development on the lot, subject to sub. (13).

AB93,7,20 (3) Annexation limitations. (a) After the effective date of this paragraph .... [revisor inserts date], no city or village may annex any town territory under s. 66.021, 66.024 or 66.025 unless the town board of a town from which territory is proposed to be annexed adopts a plan under this section and the governing body of the city or village agrees to the plan under sub. (10). If the governing body of the city or village agrees to the town plan under sub. (10), annexation and other boundary changes are subject to sub. (18).

AB93,7,24 (b) If the governing body of a city or village agrees to a town plan under sub. (10) and department approval of the plan is necessary under sub. (14), the prohibition on annexation under par. (a) continues until the department approves or disapproves the plan.

AB93,8,4 (4) Procedure for adopting town plan. (a) Authorizing resolution. Before preparing a town plan under this section, a town shall adopt a resolution authorizing the preparation of the plan. Notice of the resolution shall be given in writing, within 5 days after the resolution is adopted, to all of the following:

AB93,8,7 1. The department of administration, the department of agriculture, trade and consumer protection, the department of natural resources and the department of transportation.

AB93,8,10 2. The clerks of any city, village, town, school district, technical college district, sewerage district or sanitary district which has any part of its territory within 5 miles of the town.

AB93,8,11 3. The clerk of the county in which the town is located.

AB93,8,13 4. Any county zoning agency under s. 59.69 (2) or regional planning commission whose jurisdiction includes the town.

AB93,8,17 (b) Public hearing. At least 120 days after adoption of the resolution under par. (a), the town shall hold a public hearing on the proposed plan. Notice of the hearing shall be given by class 3 notice under ch. 985. Notice of the hearing may not be given until the proposed plan is available for public inspection.

AB93,9,6 (c) Comment on plan. Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by the town. Any county zoning agency under s. 59.69 (2) or regional planning commission whose jurisdiction includes the town shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under s. 66.945 (9), or development plan adopted by the county board or county planning agency under s. 59.69 (3), and on the delivery of municipal services, and may comment on any other aspect of the plan. Any county in the regional planning commission's jurisdiction may submit comments on the effect of the plan on the master plan adopted under s. 66.945 (9) and on the delivery of county services or on any other matter related to the plan. If agreement to a town plan is required by the governing body of a city or village under sub. (8) (b) or (9) (a) 2. before the plan may take effect, that city or village shall comment in writing on the plan's effect on the city's or village's master plan, adopted under s. 62.23 (3).

AB93,9,10 (d) Adoption of final plan. After the public hearing under par. (b) and consideration of comments made on the proposed town plan, the town board may revise the plan in response to the comments and may, by resolution, adopt a final version of the plan.

AB93,9,14 (5) Required elements of town plans. Unless an element is incompatible with or inapplicable to the plan and the reasons for the incompatibility or inapplicability are stated as required under sub. (6), a town plan prepared under this section shall contain all of the following:

AB93,9,21 (a) A statement of objectives, policies and programs of the town to guide the future growth and development of land, public services and facilities; to identify and protect historical and socially significant structures; and to protect the environment. The statement shall include identification of any existing land use plan or comprehensive plan, required or voluntary, being utilized by the town and an explanation of how the town plan is consistent, or inconsistent, with the existing land use plan or comprehension plan.

AB93,9,25 (b) A statement of how the town plan is consistent with the goals under sub. (7). If a goal under sub. (7) is, in whole or in part, incompatible with or inapplicable to the plan, the plan shall identify the incompatible or inapplicable goal and state the reasons for the incompatibility or inapplicability.

AB93,10,10 (c) A land use element, designating the proposed general distribution, general location and interrelationship of land use for residential, commercial, industrial, open space, vacant space and vacant facilities, recreational facilities, agriculture, forestry and other categories of public and private uses of land. The land use element shall include a map, indicating the current and proposed general land use and indicating the residential transition area of any unincorporated area covered by the plan. The land use element shall include the present and prospective location, amount, intensity and character of land uses, the present and prospective population densities and the appropriate timing or sequence of land development activities in relation to the provision of necessary community facilities and services.

AB93,10,16 (d) A transportation element, consisting of a map and statement of present and prospective transportation facilities and the capacity of such facilities, showing existing and proposed highways and streets by type and, where applicable, parking facilities, transit routes, terminals, bicycle paths and trails and other recreational trails, scenic roads, airports, railroads and port facilities, and other similar facilities or uses, with indications of priority of need.

AB93,10,25 (e) A utility and facility element, consisting of a map and statement of present and prospective community facilities and public utilities and the capacity of such facilities and utilities, showing existing and proposed educational, recreational and other public sites, buildings and facilities, including hospitals, libraries, power-generating plants and transmission lines, water supply, sewage disposal, refuse disposal, storm drainage, recycling and other similar facilities and activities, and recommendations to meet the town's future needs for facilities and services, with indications of priority of need, cost and method of financing the expansion or creation of such facilities, services and utilities.

AB93,11,4 (f) An implementation element that specifies the term of the planning period and the plan, and that defines and schedules, for the term of the plan, the specific public actions to be undertaken in order to achieve the goals and objectives of the plan.

AB93,11,7 (g) A boundary element which shall, concerning any common boundary between the town and city, village or other town that is covered by the plan, do all of the following:

AB93,11,9 1. Identify any boundary change and any existing boundary that may not be changed during the planning period.

AB93,11,11 2. Identify any conditions that must be met before a boundary change may occur.

AB93,11,13 3. Designate the party to the plan that is required to ratify any boundary changes by enacting an ordinance under sub. (19).

AB93,11,17 (6) Exception to required plan elements. If a plan element required under sub. (5) is, in whole or in part, inapplicable to or incompatible with a town plan, the plan shall identify the inapplicable or incompatible element and state the reasons for the inapplicability or incompatibility.

AB93,11,21 (7) Goals of town plans. Unless a goal is incompatible with or inapplicable to the plan and the reasons for the incompatibility or inapplicability are stated as required under sub. (5) (b), a town plan prepared under this section shall address in writing the following goals:

AB93,11,24 (a) Settlement pattern goal. To plan development that results in a settlement pattern of compact urban areas separated by rural countryside or undeveloped open space. To achieve this goal:

AB93,11,25 1. Plans should clearly delineate between urban and rural areas.

AB93,12,5 2. Residential and commercial development should occur primarily in compact urban areas, and strip development which intrudes in rural countryside or open space, and other development which contributes to urban sprawl, should be discouraged. When possible, existing territory within an urban area should be developed before new territory on the edge of an urban area is developed.

AB93,12,8 3. Public investments, including the construction of new or modification of existing infrastructure, should reinforce the general character and planned growth patterns of the area.

AB93,12,11 4. Economic growth, consistent with public infrastructure plans, should occur primarily within existing urban areas and secondarily in other growth areas as specified in the town plan.

AB93,12,13 (b) Quality of resources goal. To maintain and improve the quality of wildlife and land resources.

AB93,12,15 (c) Recreation goal. To maintain and enhance recreational opportunities for residents of this state and visitors to this state. To achieve this goal:

AB93,12,17 1. Growth should not significantly diminish the value and availability of outdoor recreational activities.

AB93,12,20 2. Public access to noncommercial outdoor recreational opportunities, such as lakes and hiking trails, should be identified, provided and protected wherever appropriate.

AB93,12,22 (d) Housing goal. To ensure the availability of safe and affordable housing for residents of the state. To achieve this goal:

AB93,12,25 1. Housing should be encouraged to meet the needs of diverse social and income groups in each town, particularly for those residents who have low or moderate income and to avoid segregation of income groups.

AB93,13,3 2. New and rehabilitated housing should be safe, sanitary, located conveniently to employment and commercial centers and coordinated with the provision of necessary public facilities and utilities.

AB93,13,7 3. Sites for multifamily and manufactured housing should be readily available in locations with similar access to employment and commercial centers and similar amenities as the locations for single-family conventional dwellings in the same community.

AB93,13,10 (e) Public services and utilities goal. To plan for, finance and provide an efficient system of public facilities and services to meet future needs. To achieve this goal:

AB93,13,14 1. Public facilities and services should meet all of the needs of the community, including fire and police protection, emergency medical services, schools, water supply and distribution, sanitary sewer systems, solid waste disposal, storm water management and erosion control systems.