LRBs0378/1
MES:jlg:jf
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 114
January 15, 1998 - Offered by Representative Ladwig.
AB114-ASA1,1,4
1An Act to amend 60.61 (2) (intro.), 60.62 (1), 60.62 (2), 60.62 (3), 62.23 (7a) (a),
266.021 (2) (intro.), 66.024 (intro.), 66.025, 66.32 and 236.02 (5); and
to create
360.10 (1) (g) and 60.225 of the statutes;
relating to: the authority of certain
4towns to become urban towns.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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60.10
(1) (g)
Approval of resolutions. Approve a resolution adopted by the town
7board under s. 60.225 (1).
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960.225 Urban towns. (1) Process; requirements. Subject to sub. (1m), if a
10town board is authorized to exercise village powers under s. 60.10 (2) (c), and subject
11to sub. (2), a town board may adopt a resolution declaring its town to be an urban
1town that is subject to this section if, on the date of adoption of the resolution, all of
2the following conditions are satisfied:
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(a) The population of the town is at least 7,500.
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(b) The equalized value of the town exceeds all of the following amounts:
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1. According to the most recent assessment, $360,000,000.
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2. On a per person basis, $40,000 according to the most recent assessment.
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(c) The town provides law enforcement services, 24 hours a day, by establishing
8a town police department, by creating a joint police department with another city,
9village or town under s. 60.56 or by contracting with another person under s. 60.56.
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(d) The town provides fire protection services, 24 hours a day, by establishing
11a town fire department or by creating a joint fire department with another city,
12village or town under s. 60.55.
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(e) The town provides emergency medical technician services, 24 hours a day,
14by an emergency medical technician, as defined in s. 146.50 (1) (e).
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(f) The town board adopts a comprehensive land use plan as part of a master
16plan under s. 62.23 (2) and (3) that is administered by a planner who is employed by
17the town.
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(g) At least 30% of the town residents receive water supply and sanitary sewage
19disposal services from one of the following:
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1. A town sanitary district created by the town under subch. IX.
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2. A town utility district created under s. 66.072.
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3. A metropolitan sewerage district created under ss. 66.20 to 66.26 or under
23ss. 66.88 to 66.918.
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4. A public utility created under s. 196.01 (5).
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5. A town sanitary district created by another town under subch. IX.
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16. A city or village.
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7. A city-owned treatment works or village-owned treatment works in which
3the town has an interest under an intergovernmental cooperation agreement under
4s. 66.30.
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(h) The town board consists of 5 supervisors.
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6(1m) Procedure. (a) Subject to par. (c) and except as provided in par. (b), a town
7board may proceed under sub. (1) only if the town board adopts a resolution declaring
8its intent to proceed under this paragraph and only if the town board institutes
9proceedings under s. 66.02 to consolidate the town with a city or village on or after
10the effective date of this paragraph .... [revisor inserts date], and if, between 1986 and
111996, the town board has done one of the following:
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1. Instituted proceedings to incorporate the town as a city or village under s.
1366.012.
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2. Instituted proceedings to incorporate the town as a city or village under ss.
1566.013 to 66.019.
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(b) Subject to par. (c), if a town board has not instituted one of the proceedings
17under par. (a) 1. or 2. between 1986 and 1996, the town board may proceed under sub.
18(1) only if the town board adopts a resolution declaring its intent to proceed under
19this paragraph and only if the town board, within a 3-year period beginning on the
20date of the adoption of the resolution declaring its intent to proceed under this
21paragraph, institutes proceedings under s. 66.02 to consolidate the town with a city
22or village and the town board institutes proceedings described under par. (a) 1. or 2.
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(c) The town board may adopt a resolution under sub. (1) only if the town board
24institutes the proceedings under par. (a) or under par. (b) and the proceedings do not
1result in either a consolidation under s. 66.02 or the incorporation of the town as a
2city or village under s. 66.012 or under ss. 66.013 to 66.019.
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3(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
4town board shall call a referendum to approve the resolution adopted under sub. (1).
5The referendum shall be called for that purpose at the next spring primary or election
6or September primary or general election, or the town board may call and conduct
7a special referendum under s. 8.55, to be held not sooner than 45 days after the
8referendum is called by the town board. The town board shall call for a referendum
9under this subsection not later than 90 days after the adoption of a resolution under
10sub. (1). The referendum question shall be: "Do you approve of the town board's
11adoption of the resolution declaring the Town of .... [insert name of town] to be an
12urban town?".
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(b) A resolution adopted by a town board under sub. (1) may not take effect until
14the resolution is approved in a referendum called for by the town board under par.
15(a). If the referendum is approved by the electors of the town, the town clerk shall
16certify that fact to the secretary of state. The secretary of state shall issue a
17certificate of urban town status and shall record that status in a book kept for that
18purpose.
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19(3) Powers. (a) A town that is subject to this section may exercise any statutory
20power that a village may exercise, except as follows:
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1. A town acting under this section does not have home rule powers under
22article XI, section 3, of the constitution or under s. 61.34 (5).
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2. A town acting under this section may not exercise extraterritorial zoning
24powers under s. 62.23 (7a) or 66.32, offensive industry regulation under s. 66.052 (1),
1extraterritorial plat approval under s. 236.10 or wetlands in shorelands zoning
2authority under s. 61.351.
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3. A town acting under this section may not exercise annexation of territory
4powers under s. 66.021, 66.024 or 66.025.
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4. A town acting under this section may not create a tax incremental financing
6district under s. 66.46.
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5. A town acting under this section may not adopt a village form of governance
8by acting under ss. 61.19 to 61.325.
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(b) 1. Except for a wetlands in shorelands zoning ordinance, no town may be
10subject to any county zoning ordinance that is enacted by a county board after a town
11board adopts a resolution under sub. (1) unless the town board approves the
12ordinance or until the resolution adopted by the town board under sub. (1) is defeated
13in a referendum that is held under sub. (2).
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2. If a town board adopts a resolution under sub. (1) and the resolution is
15ratified under sub. (2), a town board may adopt a resolution revoking its approval of
16any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
17if the town board notifies the county board in writing at least 60 days before the
18resolution revoking approval of a county zoning ordinance takes effect.
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3. Beginning on the effective date of the resolution revoking town approval of
20a county zoning ordinance, a town that is subject to this section may enact zoning
21ordinances only under s. 62.23.
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(c) No town territory may be annexed by a city or village under s. 66.021, 66.024
23or 66.025 during the 3-year period described under sub. (1m) (b), during the period
24beginning after a town board adopts a resolution under sub. (1) and before a
25ratification vote under sub. (2) or at any time after the electors of the town approve
1such a resolution under sub. (2), unless the town board approves the proposed
2annexation or unless the land proposed to be annexed is less than 300 acres and at
3least 85% of the border of such land is contiguous to the annexing city or village.
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(d) No town may be subject to the extraterritorial zoning jurisdiction or
5extraterritorial plat approval jurisdiction of a city or village during the period
6beginning after a town board adopts a resolution under sub. (1) and before a
7ratification vote under sub. (2) or at any time after the electors of the town approve
8such a resolution under sub. (2).
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(e) 1. If a town is a party to a cooperative boundary plan under s. 66.023 or
10similar cooperative boundary agreement under s. 66.30 on the date on which the
11town becomes an urban town, the terms of the plan or agreement, or any approved
12amendments to the plan or agreement, shall remain in effect until the expiration of
13the planning period that is specified in the plan or the expiration of the agreement.
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2. A town may become a party to a cooperative boundary plan under s. 66.023
15any time before the first day of the 24th month beginning after the effective date of
16this subdivision .... [revisor inserts date]. If a town becomes a party to such a plan
17under this subdivision, the terms of the plan, or any approved amendments to the
18plan, shall remain in effect until the expiration of the planning period that is
19specified in the plan.
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3. Except as provided in this paragraph and in par. (c), the boundaries of an
21urban town may not be changed under s. 66.02 or 66.022, or by the acquisition or
22disposal of territory by any means, unless the town agrees to the change.
AB114-ASA1, s. 3
23Section
3. 60.61 (2) (intro.) of the statutes is amended to read:
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160.61
(2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town
2is located in a county which has not enacted a county zoning ordinance under s. 59.69,
3the town board
of a town that is not subject to s. 60.225, by ordinance, may:
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60.62
(1) Subject to subs. (2), (3) and (4)
and to s. 60.225 (3) (b) 3., if a town board
7has been granted authority to exercise village powers under s. 60.10 (2) (c), the board
8may
adopt enact zoning ordinances under s. 61.35.
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60.62
(2) If the county in which the town is located has enacted a zoning
11ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
12approval by the town meeting or by a referendum vote of the electors of the town held
13at the time of any regular or special election
, except that this subsection does not
14apply if a town board revokes its approval of a county zoning ordinance under s.
1560.225 (3) (b) 2.
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60.62
(3) In counties having a county zoning ordinance, no zoning ordinance
18or amendment of a zoning ordinance may be
adopted
enacted under this section
19unless
it is approved by the county board
, except that this subsection does not apply
20if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3)
21(b) 2.
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22Section
7. 62.23 (7a) (a) of the statutes is amended to read:
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62.23
(7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
24area
, except as provided in s. 60.225 (3) (d), within 3 miles of the corporate limits of
25a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
1Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.32
2shall apply and any subsequent alteration of the corporate limits of the city by
3annexation, detachment or consolidation proceedings shall not affect the dividing
4line as initially determined under s. 66.32. The governing body of the city shall
5specify by resolution the description of the area to be zoned within its extraterritorial
6zoning jurisdiction sufficiently accurate to determine its location and such area shall
7be contiguous to the city. The boundary line of such area shall follow government lot
8or survey section or fractional section lines or public roads, but need not extend to
9the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
10of the resolution the governing body shall declare its intention to prepare a
11comprehensive zoning ordinance for all or part of its extraterritorial zoning
12jurisdiction by the publication of the resolution in a newspaper having general
13circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The
14city clerk shall mail a certified copy of the resolution and a scale map reasonably
15showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
16in which the extraterritorial jurisdiction area is located and to the town clerk of each
17town, any part of which is included in such area.