AB838: Bill Text

AB838,12,5 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.

AB838,12,8 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.

AB838,12,11 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.

AB838,12,13 (b) Quality of resources goal. To maintain and improve the quality of wildlife and land resources.

AB838,12,15 (c) Recreation goal. To maintain and enhance recreational opportunities for residents of this state and visitors to this state. To achieve this goal:

AB838,12,17 1. Growth should not significantly diminish the value and availability of outdoor recreational activities.

AB838,12,20 2. Public access to noncommercial outdoor recreational opportunities, such as lakes and hiking trails, should be identified, provided and protected wherever appropriate.

AB838,12,22 (d) Housing goal. To ensure the availability of safe and affordable housing for residents of the state. To achieve this goal:

AB838,12,25 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.

AB838,13,3 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.

AB838,13,7 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.

AB838,13,10 (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:

AB838,13,14 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.

AB838,13,16 2. The rate of growth should not exceed the ability of the community and the area to provide facilities and services.

AB838,13,20 (8) Establishment of residential transition areas proximate 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 if all of the following apply:

AB838,13,21 (a) The town board adopts a town plan under this section.

AB838,13,22 (b) The city or village agrees to the town plan under sub. (10).

AB838,13,23 (c) If necessary, the department approves the plan under sub. (14).

AB838,14,2 (9) Establishment of other residential transition areas. (a) If a town has a common boundary with a city or village, the town may establish a residential transition area within the town that is outside of the town's transition area jurisdiction if all of the following apply:

AB838,14,3 1. The town board adopts a town plan under this section.

AB838,14,4 2. The city or village agrees to the town plan under sub. (10).

AB838,14,6 3. Any other town with which the town has a common boundary agrees to the town plan under sub. (11).

AB838,14,7 4. If necessary, the department approves the plan under sub. (14).

AB838,14,10 (b) If a town does not have a common boundary with a city or village, the town may establish a residential transition area within the town if the town adopts a town plan under this section.

AB838,14,18 (10) Agreement to town plan by adjoining city or village. (a) If a town board adopts a town plan under sub. (8) (a) or (9) (a) 1. the city or village with the common boundary, by resolution, shall agree to or object to the plan within 45 days after the town adopts the plan, unless the 45-day period is extended by the town. A copy of the resolution shall be sent to the clerk of the county in which the town that adopted the plan is located. Failure of a city or village to agree to or object to a town plan within the 45-day or extended period constitutes agreement to the plan and has the same effect as adoption of a resolution by the city or village agreeing to the plan.

AB838,15,9 (b) 1. If the city or village objects to the town plan and the parties are unable to reach agreement on the town's plan, the mediation committee under subd. 2. shall resolve the dispute if the governing body of the town or of the city or village adopts, and sends a copy to the committee, a resolution requesting that the committee settle the dispute and sends a copy of the resolution to the clerk of the other unit of government that is a party to the dispute. Both parties to the dispute shall submit written documents to the committee, in a form specified by the committee, that describe their position on what provisions the town plan should contain. The documents shall be submitted to the committee within 60 days after the adoption of a resolution requesting that the committee settle the dispute. Within 60 days after receipt of the written documents, the committee shall issue a written decision that determines the provisions of the town plan. The committee's decision shall be considered to be an agreement between the parties on the town plan, except that the committee's decision may be appealed by either party to the land use board under par. (c). Under the land use board's review, the committee's decision may be affirmed, modified or vacated.

AB838,15,17 2. Unless a mediation committee has been created under sub. (11), the mediation committee shall consist of 5 members, who are appointed by the county executive of the county in which the town is located or, if the county does not have an executive, by the chair of the county board. Three members of the committee constitute a quorum, and the affirmative votes of 3 members are needed to take action on any issue that is before the committee. All appointees shall be confirmed by the county board. All appointees serve at the pleasure of the appointing authority. The members of the committee shall consist of the following:

AB838,15,18 a. One person who is a town chair.

AB838,15,19 b. One person who is a mayor or city manager.

AB838,15,20 c. One person who is a realtor or a developer.

AB838,15,21 d. One person who is a superintendent of schools.

AB838,15,22 e. One person who is a county or regional planner.

AB838,16,12 (c) If one of the parties under par. (b) objects to the mediation committee's decision, the land use board under s. 16.965 shall resolve the dispute if the governing body of the town or of the city or village adopts, and sends a copy to the board, a resolution requesting that the board settle the dispute and sends a copy of the resolution to the clerk of the other unit of government that is a party to the dispute. Both parties to the dispute shall submit written documents to the board, in a form specified by the board, that describe their position on what provisions the town plan should contain. The documents shall be submitted to the board within 60 days after the adoption of a resolution requesting that the board settle the dispute. Within 60 days after receipt of the written documents, the board shall issue a written decision that determines the provisions of the town plan. The board's decision shall be considered to be an agreement between the parties on the town plan, except that the board's decision is subject to judicial review under ch. 227. Under the judicial review, the board's decision may be affirmed, modified or vacated. If the board's decision is vacated, no agreement between the parties exists.

AB838,16,21 (11) Agreement to town plan by adjoining town. (a) If a town board adopts a town plan under sub. (9) (a) 1. and another town has a common boundary with the town, the other town, by resolution, shall agree to or object to the plan within 45 days after the plan is adopted, unless the 45-day period is extended by the town that has adopted the plan. A copy of the resolution shall be sent to the clerk of the county in which the town that adopted the plan is located. Failure of a town to agree to or object to a town plan within the 45-day or extended period constitutes agreement to the plan and has the same effect as adoption of a resolution by the town agreeing to the plan.

AB838,17,12 (b) 1. If a town that has a common boundary with a town that adopts a plan under sub. (9) (a) 1. objects to the town plan and the parties are unable to reach agreement on the town's plan, the mediation committee under subd. 2. shall resolve the dispute if the governing body of one of the towns adopts, and sends a copy to the committee, a resolution requesting that the committee settle the dispute and sends a copy of the resolution to the clerk of the other town that is a party to the dispute. Both parties to the dispute shall submit written documents to the committee, in a form specified by the committee, that describe their position on what provisions the town plan should contain. The documents shall be submitted to the committee within 60 days after the adoption of a resolution requesting that the committee settle the dispute. Within 60 days after receipt of the written documents, the committee shall issue a written decision that determines the provisions of the town plan. The committee's decision shall be considered to be an agreement between the parties on the town plan, except that the committee's decision may be appealed by either party to the land use board under par. (c). Under the land use board's review, the committee's decision may be affirmed, modified or vacated.

AB838,17,21 2. Unless a mediation committee has been created under sub. (10), the mediation committee shall consist of 5 members, who are appointed by the county executive of the county in which the town that has adopted the plan is located or, if the county does not have an executive, by the chair of the county board. Three members of the committee constitute a quorum, and the affirmative votes of 3 members are needed to take action on any issue that is before the committee. All appointees shall be confirmed by the county board. All appointees serve at the pleasure of the appointing authority. The members of the committee shall consist of the following:

AB838,17,22 a. One person who is a town chair.

AB838,17,23 b. One person who is a mayor or city manager.

AB838,17,24 c. One person who is a realtor or a developer.

AB838,17,25 d. One person who is a superintendent of schools.

AB838,18,1 e. One person who is a county or regional planner.

AB838,18,16 (c) If one of the parties under par. (b) objects to the mediation committee's decision, the land use board under s. 16.965 shall resolve the dispute if the governing body of one of the towns adopts, and sends a copy to the board, a resolution requesting that the board settle the dispute and sends a copy of the resolution to the clerk of the other town that is a party to the dispute. Both parties to the dispute shall submit written documents to the board, in a form specified by the board, that describe their position on what provisions the town plan should contain. The documents shall be submitted to the board within 60 days after the adoption of a resolution requesting that the board settle the dispute. Within 60 days after receipt of the written documents, the board shall issue a written decision that determines the provisions of the town plan. The board's decision shall be considered to be an agreement between the parties on the town plan, except that the board's decision is subject to judicial review under ch. 227. Under the judicial review, the board's decision may be affirmed, modified or vacated. If the board's decision is vacated, no agreement between the parties exists.

AB838,19,2 (12) Binding elements; scope of town plan. (a) The boundary element of a town plan under sub. (5) (g) and the designation of a residential transition area in a town plan under sub. (5) (c) are binding during the term of the plan on the town and the governing body of any city, village or town that has agreed to the plan under sub. (10) or (11). The town plan shall specify which, if any, other elements of the plan have been agreed to by a city, village or town, whether such elements will be binding and on whom they will be binding. The elements of a town plan that are binding have the force and effect of a contract and may be enforced by this state or by any city, village or town whose agreement to the plan was required under sub. (8) (b) or (9) (a) 2. or 3. 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.

AB838,19,6 (b) The territorial scope of a town plan is determined by the plan. The territorial scope of a town plan shall include at a minimum the area designated by the plan as a residential transition area. The territorial scope of a town plan may include areas within the town that are outside of the residential transition area.

AB838,19,12 (13) Implementation of town plan by zoning. (a) No residential development may commence in a residential transition area until a zoning ordinance, that is consistent with the town plan that designates the residential transition area, is in effect. The zoning ordinance shall apply to the territory that is included in the town plan. Subject to par. (b), the zoning may be enacted by any municipality or county that has zoning jurisdiction over the territory that is included in the town plan.

AB838,20,3 (b) A town may enact a zoning ordinance under s. 60.61 or, notwithstanding s. 60.22 (3), under s. 62.23 for the town territory included in a town plan. The exercise of zoning authority by a town under this paragraph is not subject to s. 60.10 (2) (c) and (h), 60.61 (3) or 60.62 (3). If a zoning ordinance of another jurisdiction applies to town territory that is included in a town plan, that ordinance continues until a zoning ordinance is enacted under this paragraph, except that if a residential development has commenced in a town in an area that is subject to a zoning ordinance of another jurisdiction before a town enacts a zoning ordinance under this paragraph and the residential development has received zoning approval from that jurisdiction, the residential development may continue after the town enacts a zoning ordinance under this paragraph if, at the time the residential development commenced, the lot on which the development commenced 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. This subsection does not affect zoning ordinances enacted under s. 59.692, 87.30 or 91.71 to 91.78 or ordinances enacted under s. 114.136 (1).

AB838,20,5 (c) A town may contract for planning and enforcement of the zoning required under this subsection.

AB838,20,12 (14) Department review and approval of certain plans. (a) If a town located in a county having a population of 50,000 or more adopts a town plan and the town plan is agreed to under sub. (8) (b) or (9) (a) 2. and 3., any elector of the town adopting the plan or of a city or village agreeing to the plan may, within 30 days after the plan is adopted or, if agreement is required before the plan may take effect, within 30 days after the plan is agreed to or is considered to have been agreed to, request in writing that the department review and approve the plan.

AB838,20,22 (b) If a request is made under par. (a), the department shall request the town to submit the plan for review and within 10 days after receiving the department's request, the town shall submit the plan. After receiving the plan, the department shall notify immediately the person who requested the review. The department shall approve the plan within 60 days after submittal if the plan complies with sub. (5) and is consistent with the goals under sub. (7), to the extent the goals are compatible with and relevant to the plan. The department shall issue its determination whether to approve the town plan in writing. Notwithstanding s. 227.42, a request for review of a plan under par. (a) may not be treated as a contested case, as defined in s. 227.01 (3), for purposes of ch. 227.

AB838,21,4 (c) Any person may request a public hearing before the department on a town plan submitted to the department for approval. A request for a public hearing shall be in writing and shall be submitted to the department within 20 days after a review has been requested. If requested, the department shall hold a public hearing on the plan in the town that adopted the plan. If requested to hold a public hearing, the department is required to hold only one hearing, regardless of the number of requests for a hearing.

AB838,21,7 (d) If a request under par. (a) is made for department approval of a town plan, the plan may not go into effect until the plan is approved or the request is withdrawn, whichever occurs first.

AB838,21,10 (15) Court review of department decision. The decision of the department under sub. (14) to approve or not to approve a town plan or an amendment to a plan is subject to judicial review under ch. 227.

AB838,21,15 (16) Amendments to town plan. (a) Authority to amend plan. A town plan may be amended during the term of the plan that is specified in sub. (5) (f). An amendment to a town plan is subject to agreement by the same city, village or other town that approved the underlying town plan, and is also subject to department approval if the department approved the original plan.

AB838,21,18 (b) When full procedure required. An amendment to a town plan that proposes to change or freeze a municipal boundary or change the designation of a residential transition area shall follow the same procedure as that required for an original plan.

AB838,22,5 (c) When expedited procedure may occur. An amendment to a town plan that does not propose to change a boundary shall follow the same procedure as that required for an original plan except that the hearing under sub. (4) (b) is not required unless objection to the amendment is made in writing by any person to the clerk of a participating municipality. An amendment under this paragraph shall be adopted by resolution. Notice of the amendment and adopting resolution shall follow the procedures specified in sub. (4) (a). Notice that the amendment will be adopted without a public hearing unless objection is made in writing shall be given by a class 3 notice under ch. 985. If no written objection to the amendment is received within 7 days after the last required notice is published, the amendment may be adopted without a public hearing. If written objection is timely made, the public hearing and other requirements under sub. (4) (b) and (c) apply.

AB838,22,11 (17) Cooperative development of town plans; other agreements. Any combination of municipalities may cooperatively develop a town plan under this section. Cooperative development of a town plan may be done in conjunction with other land use plans and other intergovernmental agreements, including agreements under ss. 66.023, 66.028 and 66.30. A town may contract with any person in developing a town plan.

AB838,22,18 (18) Certain boundary changes restricted. Subject to a cooperative plan under s. 66.023, if the governing body of a city or village agrees to a town plan under sub. (10), the town board of another town agrees to the town plan under sub. (11), if necessary, and the plan is approved by the department under sub. (14), if necessary, the common boundary between the city or village and the town that is covered by the town plan under this section may be revised during the term of the plan only as provided under the town plan.

AB838,22,25 (19) Boundary change ordinance; filing and recording requirements. A boundary change under a town plan shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the plan. The filing and recording requirements under s. 66.021 (8) (a), as they apply to cities and villages under s. 66.021 (8) (a), apply to municipalities under this subsection. The requirements for the secretary of state shall be the same as those required in s. 66.021 (8) (b).

AB838,23,5 (20) Time for bringing action. No action to contest the validity of a town plan under this section or an amendment to a plan, regardless of the grounds for the action, may be commenced after 60 days from the date on which the plan or the amendment takes effect. No action relating to compliance with a binding element of a town plan may be commenced later than 180 days after the failure to comply.

AB838, s. 8 Section 8. 66.021 (2) (intro.) of the statutes is amended to read:

AB838,23,9 66.021 (2) Methods of annexation. (intro.) Subject to s. 66.023 (7) and to a town plan enacted under s. 66.011, territory contiguous to any city or village may be annexed thereto in the following ways:

AB838, s. 9 Section 9. 66.024 (intro.) of the statutes is amended to read:

AB838,23,15 66.024 Annexation by referendum; court order. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.023 (7) and to a town plan enacted under s. 66.011, unincorporated territory which contains electors and is contiguous to a city or village may be annexed thereto in the manner hereafter provided. The definitions in s. 66.021 (1) shall apply to this section.

AB838, s. 10 Section 10. 66.025 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB838,24,6 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. s. 59.692 (7), a town plan enacted under 66.011, and subject to s. 66.023 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and shall operate to attach the territory to the village or city upon the filing of 6 certified copies thereof in the office of the secretary of state, together with 6 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction.

AB838, s. 11 Section 11. Nonstatutory provisions.

AB838,24,13 (1) Land use board. Notwithstanding the length of term specified in section 15.105 (14) (b) of the statutes, as created by this act, the initial term of one of the members appointed under section 15.105 (14) (b) of the statutes, as created by this act, shall expire on July 1, 1999, the initial term of another one of the members so appointed shall expire on July 1, 2000, and the initial term of another one of the members so appointed shall expire on July 1, 2001.

AB838,24,14 (End)