1999 Wisconsin Act 150

(e) Enter into agreements with a housing authority or the federal government respecting action to be taken by the state public body pursuant to any of the powers granted by ss. 66.40 66.1201 to 66.404 66.1211. The agreements may extend over any period, notwithstanding any provision or rule of law to the contrary;.

(f) Do any Any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects ;.

(g) Purchase or legally invest in any of the bonds of a housing authority and exercise all of the rights of any holder of such the bonds; .

150,396 Section 396. 66.403 (8) and (9) of the statutes are renumbered 66.1209 (2) and (3) and amended to read:

66.1209 (2) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall may require any changes to be made in the housing project or the manner of its construction or take any other action relating to such the construction;.

(3) In connection with any public improvements made by a state public body in exercising the powers herein granted, such granted in ss. 66.1201 to 66.1211, the state public body may incur the entire expense thereof of the public improvements. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in ss. 66.40 66.1201 to 66.404 66.1211 may be made by a state public body without appraisal, public notice, advertisement or public bidding.

150,397 Section 397. 66.404 of the statutes is renumbered 66.1211 and amended to read:

66.1211 Housing authorities; contracts with city; assistance to counties and municipalities. (1) Contracts between authority and city. In connection with any housing project located wholly or partly within the area in which it is authorized to act, any city may agree with an authority or government that a certain sum, subject to the limitations imposed by s. 66.40 66.1201 (22), or no sum shall be paid by the authority in lieu of taxes for any year or period of years.

(2) Advances to housing authority. When any housing authority which is created for any city becomes is authorized to transact business and exercise its powers therein, the governing body of the city, may immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of such the housing authority during the first year thereafter after the creation of the housing authority, and may appropriate such the amount to the authority out of any moneys in such the city treasury not appropriated to some other purposes. The moneys so appropriated may be paid to the authority as a donation. Any city, town or incorporated village located in whole or in part within the area of operation of a housing authority shall have the power from time to time to may lend or donate money to the authority or to agree to take such action. The housing authority, when it has money available therefor to pay back loans made under this subsection, shall make reimbursements for all such loans made to it.

(3) Project submitted to planning commission. Before any housing project of the character designated in s. 66.40 66.1201 (9) (a) be is determined upon by the authority, or any real estate acquired or agreed to be acquired for such the project or the construction of any of the buildings begins or any application made for federal loan or grant for such the project, the extent thereof of the project and the general features of the proposed layout indicating in a general way the proposed location of buildings and open spaces shall be submitted to the planning commission, if any, of the city or political subdivision in which the proposed project is located, for the advice of such the planning commission upon on the proposed location, extent, and general features of the layout.

(4) Cooperation with cities, villages and counties. For the purpose of cooperating with and assisting cities, villages and counties, a housing authority may exercise its powers in the that territory within the boundaries of any city, village or county not included in the area in which such that housing authority is then authorized to function, or in any designated portion of such that territory, after the governing body of such the city, village or county, as the case may be, adopts a resolution declaring that there is a need for the authority to function in such the additional territory or in such designated portion thereof. If a housing authority has previously been authorized to exercise its powers in such the additional territory or designated portion, such a resolution shall not be adopted unless such the housing authority finds that ultimate economy would thereby be promoted, and such the housing authority shall not initiate any housing project in such the additional territory or designated portion after before the adoption of such the resolution.

Note: Amends sub. (4) to clarify that if a housing authority finds that a new resolution is necessary to extend its jurisdiction, even though the extension was previously authorized, the housing authority may not begin a housing project in the area of extended jurisdiction until the adoption of the new resolution.

(6) Controlling statutes. Insofar as ss. 66.40 66.1201 to 66.404 66.1211 are inconsistent with any other law, the provisions of ss. 66.40 66.1201 to 66.404 shall be controlling 66.1211 control.

(7) Supplemental nature of statute. The powers conferred by ss. 66.40 66.1201 to 66.404 shall be 66.1211 are in addition and supplemental to the powers conferred by any other law.

150,398 Section 398. 66.405 (title) of the statutes is renumbered 66.1301 (title).

150,399 Section 399. 66.405 (1), (2), (2m) and (3) (intro.) and (a) of the statutes are renumbered 66.1301 (1), (2), (2m) and (3) (intro.) and (a) and amended to read:

66.1301 (1) Short title. Sections 66.405 66.1301 to 66.425 shall be known and 66.1329 may be cited and referred to as the "Urban Redevelopment Law".

(2) Finding and declaration of necessity. It is declared that in the cities of the state substandard and insanitary areas exist which have resulted from inadequate planning, excessive land coverage, lack of proper light, air and open space, defective design and arrangement of buildings, lack of proper sanitary facilities, and the existence of buildings, which, by reason of age, obsolescence, inadequate or outmoded design, or physical deterioration have become economic or social liabilities, or both; that such. These conditions are prevalent in areas where substandard, insanitary, outworn or outmoded industrial, commercial or residential buildings prevail; that such. These conditions impair the economic value of large areas, infecting them with economic blight, and that such these areas are characterized by depreciated values, impaired investments, and reduced capacity to pay taxes, that such. These conditions are chiefly in areas which are so subdivided into small parcels in divided ownerships and frequently with defective titles, that their assembly for purposes of clearance, replanning, rehabilitation and reconstruction is difficult and costly; that the. The existence of such these conditions and the failure to clear, replan, rehabilitate or reconstruct these areas results in a loss of population by the areas and further deterioration, accompanied by added costs to the communities for creation of new public facilities and services elsewhere; that it. It is difficult and uneconomic for individual owners independently to undertake to remedy such these conditions; that it. It is desirable to encourage owners of property or holders of claims thereon on property in such these areas to join together and with outsiders in corporate groups for the purpose of the clearance, replanning, rehabilitation and reconstruction of such these areas by joint action; that it . It is necessary to create, with proper safeguards, inducements and opportunities for the employment of private investment and equity capital in the clearance, replanning, rehabilitation and reconstruction of such these areas; that such. These conditions require the employment of such capital on an investment rather than a speculative basis, allowing however, the widest latitude in the amortization of any indebtedness created thereby; that such. These conditions further require the acquisition at fair prices of adequate areas, the gradual clearance of such the areas through demolition of existing obsolete, inadequate, unsafe and insanitary buildings and the redevelopment of such the areas under proper supervision with appropriate planning, land use and construction policies; that the. The clearance, replanning, rehabilitation and reconstruction of such these areas on a large scale basis are necessary for the public welfare; that the. The clearance, replanning, reconstruction and rehabilitation of such these areas are public uses and purposes for which private property may be acquired; that such substandard. Substandard and insanitary areas constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of the state; that such. These conditions require the aid of redevelopment corporations for the purpose of attaining the ends herein recited; that the in this subsection. The protection and promotion of the health, safety, morals, welfare and reasonable comfort of the citizens of the state are matters of public concern; and the necessity. Sections 66.1301 to 66.1329 are in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

(2m) Discrimination. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.405 66.1301 to 66.425 66.1329 shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.

(3) Definitions. (intro.) The following terms, as used in In ss. 66.405 66.1301 to 66.425, shall 66.1329, unless a different intent clearly appears from the context, be construed as follows:

(a) "Area" means a portion of a city which its planning commission finds to be substandard or insanitary, so that the clearance, replanning, rehabilitation or reconstruction thereof of that portion is necessary or advisable to effectuate the public purposes declared in sub. (2); and may include any. "Area" includes buildings or improvements not in themselves substandard or insanitary, and any real property, whether improved or unimproved, the inclusion of which is deemed considered necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such the buildings, improvements or real property form a part; and also includes vacant land which is in such proximity to other land or structures so as to impair that the economic value thereof of the other land or structures is impaired.

150,400 Section 400. 66.405 (3) (c) of the statutes is repealed.

Note: Repeals a provision that defines a city to be a city. The provision is unnecessary.

150,401 Section 401. 66.405 (3) (d) to (s) of the statutes are renumbered 66.1301 (3) (d) to (s) and amended to read:

66.1301 (3) (d) "Development" shall mean means a specific work, repair or improvement to put into effect a development plan and shall include includes the real property, buildings and improvements owned, constructed, managed or operated by a redevelopment corporation.

(e) "Development area" shall mean means that portion of an area to which a development plan is applicable.

(f) "Development cost" shall mean means the amount determined by the planning commission to be the actual cost of the development, or of the part thereof of the development for which such the determination is made, and shall include. "Development cost" includes, among other costs, all of the following:

1. The reasonable costs of planning the development, including preliminary studies and surveys, neighborhood planning, and architectural and engineering services , and legal and incorporation expense, the.

2. The actual cost, if any, of alleviating hardship to families occupying dwelling accommodations in the development area where such hardship results from the execution of the development plan, the.

3. The reasonable costs of financing the development, including carrying charges during construction, working.

4. Working capital in an amount not exceeding 5 per cent 5% of development cost, the.

5. The actual cost of the real property included in the development, the actual cost of demolition of existing structures, the actual cost and of utilities, landscaping and roadways, the.

6. The amount of special assessments subsequently paid, the.

7. The actual cost of construction, equipment and furnishing of buildings and improvements, including architectural, engineering and builder's fees, the.

8. The actual cost of reconstruction, rehabilitation, remodeling or initial repair of existing buildings and improvements, reasonable.

9. Reasonable management costs until the development is ready for use, and the.

10. The actual cost of improving that portion of the development area which is to remain as open space, together with such additions to development cost as shall that equal the actual cost of additions to or changes in the development in accordance with the original development plan or after approved changes in or amendments thereto to the development plan.

(g) "Development plan" shall mean means a plan for the redevelopment of all or any part of an area, and shall include includes any amendments thereto that are approved in accordance with the requirements of s. 66.407 66.1305 (1).

(h) "Local governing body" shall mean the board of alderpersons, means a common council, council, commission or other board or body vested by the charter of the a city or other law with jurisdiction to adopt or enact ordinances or local laws.

(n) "Mortgage" shall mean means a mortgage, trust indenture, deed of trust, building and loan contract or other instrument creating a lien on real property, and the indebtedness secured by each of them.

(o) "Neighborhood unit" shall mean means a primarily residential district having the facilities necessary for well-rounded family living, such as schools, parks, playgrounds, parking areas and local shopping districts.

(p) "Planning commission" shall mean means the official bureau, board, commission or agency of the a city established under the general city law or under a general or special charter and that is authorized to prepare, adopt and, amend or modify a master plan for the development of the city.

(q) "Real property" shall include includes lands, buildings, improvements, land under water, waterfront property, and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereto in or appurtenant to the real property, legal or equitable, including rights-of-way, terms for years and liens, charges, or encumbrances by mortgage, judgment or otherwise.

(r) "Redevelopment" shall mean means the clearance, replanning, reconstruction or rehabilitation of an area or part thereof of an area, and the provision of such industrial, commercial, residential or public structures or spaces as may be appropriate, including recreational and other facilities incidental or appurtenant thereto to the structures or spaces.

(s) "Redevelopment corporation" shall mean means a corporation carrying out a redevelopment plan under ss. 66.405 66.1301 to 66.425 66.1329.

150,402 Section 402. 66.406 (title) of the statutes is renumbered 66.1303 (title).

150,403 Section 403. 66.406 (1), (2) and (3) (intro.) and (a) to (g) of the statutes are renumbered 66.1303 (1), (2) and (3) (intro.) and (a) to (g) and amended to read:

66.1303 (1) A development plan shall contain such the information as that the planning commission shall, by rule or regulation require requires, including all of the following:

(a) A metes and bounds description of the development area;.

(b) A statement of the real property in the development area fee title to which the city proposes to acquire and a statement of the interests to be acquired in any other real property by the city;.

(c) A statement of the various stages, if more than one is intended, by which the development is proposed to be constructed or undertaken, and the time limit for the completion of each stage, together with a metes and bounds description of the real property to be included in each stage;.

(d) A statement of the existing buildings or improvements in the development area, to be demolished immediately, if any;.

(e) A statement of the existing buildings or improvements, in the development area not to be demolished immediately, if any, and the approximate period of time during which the demolition, if any, of each such building or improvement is to take place;.

(f) A statement of the proposed improvements, if any, to each building not to be demolished immediately, any proposed repairs or alterations to such the building, and the approximate period of time during which such improvements, repairs or alterations are to be made;.

(g) A statement of the type, number and character of each new industrial, commercial, residential or other building or improvement to be erected or made; and a statement of the maximum limitations upon the bulk of such buildings or improvements to be permitted at various stages of the development plan;.

(h) A statement of those portions, if any, of the development area which may be permitted or will be required to be left as open space, the use to which each such open space is to be put, the period of time each such open space will be required to remain an open space and the manner in which it will be improved and maintained, if at all; .

(i) A statement of the proposed changes, if any, in zoning ordinances or maps, necessary or desirable for the development and its protection against blighting influences;.

(j) A statement of the proposed changes, if any, in streets or street levels and any of proposed street closings;.

(k) A statement of the character of the existing dwelling accommodations, if any, in the development area, the approximate number of families residing therein in the development area, together with a schedule of the rentals being paid by them, and a schedule of the vacancies in such the accommodations, together with the rental demanded therefor; for the vacant accommodations.

(L) A statement of the character, approximate number of units, approximate rentals and approximate date of availability of the proposed dwelling accommodations, if any, to be furnished during construction and upon completion of the development;.

(m) A statement of the proposed method of financing the development, in sufficient detail to evidence the probability that the redevelopment corporation will be able to finance or arrange to finance the development;.

(n) A statement of persons who it is proposed will be active in or associated with the management of the redevelopment corporation during a period of at least one year from the date of the approval of the development plan.

(o) The development plan, and any application to the planning commission or local governing body for approval thereof, may contain in addition such other Other statements or material as may be deemed that are considered relevant by the proposer thereof applicant, including suggestions for the clearance, replanning, reconstruction or rehabilitation of one or more areas which may be larger than the development area but which include it, and any other provisions for the redevelopment of such area or areas.

(2) No development shall may be actually initiated until the adoption of a resolution of approval of the development plan therefor by both the planning commission and the local governing body.

(3) (intro.) The planning commission may approve a development plan after a public hearing, and shall determine all of the following:

(a) That the area within which the development area is included is substandard or insanitary and that the redevelopment of the development area in accordance with the development plan is necessary or advisable to effectuate the public purposes declared in s. 66.405 66.1301 (2); if the area is comprised of vacant land it shall be established that such the vacant land impairs the economic value of surrounding areas in accordance with the general purposes expressed in s. 66.405 66.1301 (2);.

(b) That the development plan is in accord with the master plan, if any, of the city;.

(c) That the development area is not less than 100,000 square feet in area, except that it may be smaller in area when undertaken in connection with a public improvement, but in any event if it is of sufficient size to allow its redevelopment in an efficient and economically satisfactory manner and to contribute substantially to the improvement of the area in which the development is located; but whenever. If the local governing body makes a finding to the effect that an area is in urgent need of development, and that such development will contribute to the progress and expansion of an area whose economic growth is vital to the community, then in such instance the development area shall may not be less than 25,000 square feet subject to the requirements of par. (d);.

(d) That the various stages, if any, by which the development is proposed to be constructed or undertaken, as stated in the development plan, are practicable and in the public interest and where the area to be developed consists either of vacant land or of substandard or insanitary buildings or structures as provided in s. 66.405 66.1301 (3) (a), and such the area is less than 100,000 square feet but more than 25,000 square feet as provided in par. (c) then the new structures to be constructed on such the vacant land shall may not be less than 1,000,000 cubic feet in area;.

(e) That the public facilities, based on whether the development be a is residential, industrial or commercial one, are presently adequate or will be adequate at the time that the development is ready for use to serve the development area;.

(f) That the proposed changes, if any, in the city map, in zoning ordinances or maps and in streets and street levels, or any proposed street closings, are necessary or desirable for the development and its protection against blighting influences and for the city as a whole;.

(g) Upon data submitted by or on behalf of the redevelopment corporation, or upon data otherwise available to the planning commission, that there will be available for occupation by families, if any, then occupying dwelling accommodations in the development area legal accommodations at substantially similar rentals in the development area or elsewhere in a suitable location in the city, and that the carrying into effect of implementing the development plan will not cause undue hardship to such those families. The notice of the public hearing to be held by the planning commission prior to its approval by it of the development plan shall contain separate statements to the effect that before the development plan is approved, the planning commission must make the determination required in this paragraph, and that if the development plan is approved, real property in the development area is subject to condemnation.

150,404 Section 404. 66.406 (3) (h) of the statutes is renumbered 66.1303 (3m) and amended to read:

66.1303 (3m) Any such A determination upon approval by the local governing body, shall be made under sub. (3) is conclusive evidence of the facts so determined except upon proof of fraud or wilful misfeasance. In arriving at such the determination, the planning commission shall consider only those elements of the development plan relevant to such the determination under pars. (a) to (g) sub. (3) and to the type of development which is physically desirable for the development area concerned from a city planning viewpoint, and from a neighborhood unit viewpoint, if the development plan provides that the development area is to be primarily residential.

150,405 Section 405. 66.406 (4) (intro.), (a) and (b) of the statutes are renumbered 66.1303 (4) (intro.), (a) and (b), and 66.1303 (4) (intro.), as renumbered, is amended to read:

66.1303 (4) (intro.) The local governing body, by a two-thirds vote of the members elect thereof members-elect, may approve a development plan, but no resolution of approval shall may be adopted by it unless and until the planning commission shall has first have approved thereof the development plan and there has the plan and planning commission determination have been filed with the local governing body the development plan, the determination by the planning commission, and unless and until the local governing body shall determine determines all of the following:

150,406 Section 406. 66.406 (4) (c) of the statutes is renumbered 66.1303 (4m) and amended to read:

66.1303 (4m) Any such A determination shall be under sub. (4) is conclusive evidence of the facts so determined except upon proof of fraud or wilful misfeasance. In considering whether or not a resolution of approval of the development plan shall will be adopted, the local governing body shall consider those elements of the development plan relevant to such the determination under pars. (a) and (b) sub. (4).

150,407 Section 407. 66.406 (5) to (8) of the statutes are renumbered 66.1303 (5) to (8) and amended to read:

66.1303 (5) The planning commission and the local governing body, by a two-thirds vote of the members elect thereof members-elect, may approve an amendment or amendments to a development plan, but no such amendment to a development plan which has theretofore been approved by the planning commission and the local governing body shall be approved unless and until if an application therefor for the amendment has been filed with the planning commission by the redevelopment corporation containing that part of the material required by sub. (1) which shall be is relevant to the proposed amendment, and unless and until if the planning commission and the local governing body shall make the determinations required by sub. (3) or (4) which shall be are relevant to the proposed amendment.

(6) The planning commission and the local governing body may, for the guidance of prospective proponents of development plans, fix general standards to which a development plan shall conform. Variations from such the standards may be allowed for the accomplishment of the purposes of ss. 66.405 66.1301 to 66.425. Such 66.1329. The standards may contain provisions more restrictive than those imposed by applicable planning, zoning, sanitary and building laws, ordinances and regulations.

(7) Local housing authorities organized under ss. 66.40 66.1201 to 66.404 66.1211, redevelopment authorities organized under s. 66.431 66.1333, and community development authorities organized under s. 66.4325 66.1335 may render such advisory services in connection with the preliminary surveys, studies and preparation of a development plan as may be requested by the city planning commission or the local governing body and charge fees for such advisory services based on the their actual cost thereof.

(8) Notwithstanding any other provision of law, the local legislative body may designate, by ordinance or resolution, the local housing authority, the local redevelopment authority, or both jointly, or the local community development authority, to perform all acts, except the development of the general plan of the city, which are otherwise performed by the planning commission under ss. 66.405 66.1301 to 66.425 66.1329.

150,408 Section 408. 66.407 of the statutes is renumbered 66.1305, and 66.1305 (1) (intro.) and (a) to (h), as renumbered, are amended to read:

66.1305 (1) (intro.) No redevelopment corporation shall may do any of the following:

(a) Undertake any clearance, reconstruction, improvement, alteration or construction in connection with any development until the approvals required by s. 66.406 66.1303 have been made;.

(b) Change, alter, amend, add to or depart from Amend the development plan until the planning commission and the local governing body have approved that portion of such change, alteration, amendment, addition or departure the amendment relevant to the determination required to be made by it as set forth in s. 66.406; 66.1303.

(c) After a development has been commenced, sell, transfer or assign any real property in the development area without first obtaining the consent of the local governing body, which consent. Consent may be withheld only if the sale, transfer or assignment is made for the purpose of evading the provisions of ss. 66.405 66.1301 to 66.425; 66.1329.

(d) Pay as compensation for services to, or enter into contracts for the payment of compensation for services to, its officers or employes in an amount greater than the limit thereon contained in the development plan, or in if a default thereof of the development plan occurs, then in an amount greater than the reasonable value of the services performed or to be performed by such the officers or employes;.