SB370: Bill Text

SB370, s. 48 Section 48. 236.11 (2) of the statutes is amended to read:

SB370,24,5 236.11 (2) (a) The body or bodies having authority to approve plats shall approve or reject the final plat within 60 days of its submission, unless the time is extended by agreement with the subdivider and except for review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm).

SB370,24,9 (b) When the approving authority is a municipality and determines to approve the plat, it shall give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat but failure to give such notice shall not invalidate any such plat.

SB370,24,12 (c) If a plat is rejected, the reasons therefor shall be stated in the minutes of the meeting and a copy thereof or a written statement of the reasons supplied the subdivider.

SB370,24,18 (d) If the approving authority fails to act within 60 days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved, and, upon demand, a certificate to that effect shall be made on the face of the plat by the clerk of the authority which has failed to act. This paragraph does not apply to review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm).

Note: Creates an exception to one of the approval-by-default provisions in subdivision plat approval. Failure by the county to approve or disapprove a final subdivision plat for compliance with the county agricultural preservation plan within 60 days after submission does not constitute approval.

SB370, s. 49 Section 49. 236.12 (3) of the statutes is amended to read:

SB370,25,12 236.12 (3) Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the 20-day limit it shall be deemed to have no objection to the plat, except that the 20-day limit does not apply to review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm). No approving authority may inscribe its approval on a plat prior to the affixing of the certificates under either sub. (4) or (6).

Note: Creates an exception to one of the approval-by-default provisions in the procedure for subdivision plat approval. Failure by the county to approve or disapprove a final subdivision plat for compliance with the county agricultural preservation plan within 20 days after submission does not constitute approval.

SB370, s. 50 Section 50. 236.12 (6) of the statutes is amended to read:

SB370,26,8 236.12 (6) In lieu of the procedure under subs. (2) to (5), the subdivider or the subdivider's agent may submit the original plat to the department which shall forward 2 copies to each of the agencies authorized by sub. (2) to object. The department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider, and all agencies having the authority to object, of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the department. After each agency and the department have certified that they have no objection or that their objections have been satisfied, the department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of copies of the plat, and the department fails to act within 30 days of receipt of the original plat it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified on the face of the plat by the department. The 20-day and 30-day limits do not apply to review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm).

Note: Creates an exception to one of the approval-by-default provisions in the procedure for subdivision plat approval. Failure by the county or DATCP to approve or disapprove a final subdivision plat for compliance with the county agricultural preservation plan within the 20- and 30-day limits after submission does not constitute approval.

SB370, s. 51 Section 51. 236.13 (1) (bm) of the statutes is created to read:

SB370,26,11 236.13 (1) (bm) Any county agricultural preservation plan that is certified under s. 91.06.

Note: Requires that a preliminary or final subdivision plat must be in compliance with the county agricultural preservation plan. Plats are submitted to the county and the county makes the determination of compliance. If the plat does not comply, this bill creates a procedure for plan revision in s. 91.63, as a condition of plat approval.

SB370, s. 52 Section 52. 301.046 (1) of the statutes is amended to read:

SB370,27,5 301.046 (1) Institution status. The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. ss. 32.035 and 32.036 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

SB370, s. 53 Section 53. 301.048 (4) (b) of the statutes is amended to read:

SB370,27,16 301.048 (4) (b) The department shall operate the program as a correctional institution. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. ss. 32.035 and 32.036 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

SB370, s. 54 Section 54. 301.16 (2) of the statutes is amended to read:

SB370,27,19 301.16 (2) Construction or establishment of the institutions shall be in compliance with all state laws except s. ss. 32.035 and 32.036 and ch. 91.

Note: The previous 3 Sections exempt community residential confinement facilities, intensive sanctions facilities and certain medium/maximum security institutions from the requirement to comply with county agricultural preservation plans. These facilities are currently exempted from the requirement to obtain an agricultural impact statement from the DATCP and from regulation under the farmland preservation program.

SB370, s. 55 Section 55. Nonstatutory provisions; agriculture, trade and consumer protection.

SB370,28,4 (1)  Committee for rule drafting. The department of agriculture, trade and consumer protection shall appoint a committee under section 227.13 of the statutes to assist in the drafting of rules required under sections 91.52 and 91.72 of the statutes, as created by this act.

Note: Requires the DATCP to convene an advisory committee for the purposes of drafting rules that establish guidelines for county agricultural preservation plans and for rezoning land zoned for exclusive agricultural use.

SB370, s. 56 Section 56. Initial applicability.

SB370,28,7 (1)  The treatment of sections 71.05 (6) (a) 17. and (b) 22., 71.26 (1) (i) and 71.61 (2) of the statutes first applies to taxable years beginning on January 1, 1996.

SB370,28,12 (2)  The treatment of sections 20.835 (2) (dm) and (r), 71.58 (1) (h) and (8), 71.59 (1) (a) and (d) 5. and (2) (b) and (c), 71.60 (title), (1) (intro.) and (2) and 71.605 of the statutes first applies to farmland preservation credits that are claimed for taxable years beginning on January 1, 1996, and that are based on property taxes accrued in the previous year.

SB370,28,15 (3)  The treatment of section 91.73 (2) of the statutes first applies to exclusive agricultural zoning ordinances adopted or amended on the effective date of this subsection.

Note: Subsection (1) applies the exclusion of farmland preservation credits from the calculation of income and franchise taxes to taxable years beginning on or after January 1, 1996.

Subsection (2) provides that farmland subject to exclusive agricultural zoning may continue to receive farmland preservation credits under the current formula through 1995, after which the new formula for such credits applies.

Subsection (3) provides that the requirement for a county to establish a county agricultural preservation plan as a condition of adopting exclusive agricultural zoning first applies to zoning ordinances adopted or amended on the effective date of this act.

SB370, s. 57 Section 57. Effective dates. This act takes effect on the day after publication, except as follows:

SB370,29,2 (1)  The treatment of section 66.021 (11) (b) (by Section 6) and (d) (by Section 9) of the statutes takes effect on July 1, 1996.

SB370,29,3 (End)