Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,509,11 59.69 (5) (f) The county zoning agency shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment, or any amendment of a development plan under sub. (3), that affects the allowable use of the person's property. If the county zoning agency completes a draft of a proposed zoning ordinance under par. (a), if the agency receives a petition under par. (e) 2., or if the agency acts under sub. (3), the agency shall send a notice, which contains a copy of the proposed ordinance, petition, or plan to each person on the list. The notice shall be by mail, electronic mail or in any reasonable form that is agreed to by the person and the agency. The agency may charge each person on the list a fee for the notice of $12 each year or an annual fee that does not exceed the approximate cost of providing the notice to the person.".

SB55-ASA1-AA1,509,12 867. Page 668, line 13: after that line insert:

SB55-ASA1-AA1,509,13 " Section 2003ws. 59.694 (7) (c) of the statutes is amended to read:

SB55-ASA1-AA1,509,22 59.694 (7) (c) To authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. A property owner may establish "unnecessary hardship", as that term is used in this paragraph, by demonstrating that strict compliance with an area zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome.".

SB55-ASA1-AA1,509,23 868. Page 669, line 11: after that line insert:

SB55-ASA1-AA1,509,24 " Section 2003p. 59.74 (2) (g) of the statutes is amended to read:

SB55-ASA1-AA1,510,3 59.74 (2) (g) Every land surveyor and every officer of the department of natural resources fish, wildlife, parks, and forestry and the district attorney shall enforce this subsection.".

SB55-ASA1-AA1,510,4 869. Page 669, line 11: after that line insert:

SB55-ASA1-AA1,510,5 " Section 2003pc. 60.10 (1) (g) of the statutes is created to read:

SB55-ASA1-AA1,510,8 60.10 (1) (g) Hourly wage of certain employees. Establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, unless the authority has been delegated to the town board under sub. (2) (L).

SB55-ASA1-AA1, s. 2003pd Section 2003pd. 60.10 (2) (g) of the statutes is amended to read:

SB55-ASA1-AA1,510,12 60.10 (2) (g) Disposal of property. Authorize the town board to dispose of town real property, real or personal, other than property donated to and required to be held by the town for a special purpose.

SB55-ASA1-AA1, s. 2003pe Section 2003pe. 60.10 (2) (L) of the statutes is created to read:

SB55-ASA1-AA1,510,16 60.10 (2) (L) Hourly wage of certain employees. Authorize the town board to establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, other than a town board supervisor.".

SB55-ASA1-AA1,510,17 870. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,510,18 " Section 2003tc. 60.627 (1) of the statutes is amended to read:

SB55-ASA1-AA1,510,20 60.627 (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.71 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,511,2 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce and the department of natural resources environmental management at least 10 days prior to the hearing.

SB55-ASA1-AA1, s. 2003th Section 2003th. 60.71 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,511,11 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of commerce and of the department of natural resources environmental management may attend the hearing and advise the town board.

SB55-ASA1-AA1, s. 2003tL Section 2003tL. 60.71 (7) of the statutes is amended to read:

SB55-ASA1-AA1,511,16 60.71 (7) Filing and recording the order. The town board shall file copies of the order establishing the town sanitary district with the department of natural resources environmental management and record the order with the register of deeds in each county in which the district is located.

SB55-ASA1-AA1, s. 2003tp Section 2003tp. 60.72 (title) and (1) of the statutes are amended to read:

SB55-ASA1-AA1,511,21 60.72 (title) Creation of town sanitary district by order of the department of natural resources environmental management. (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003tr Section 2003tr. 60.73 of the statutes is amended to read:

SB55-ASA1-AA1,512,6 60.73 Review of orders creating town sanitary districts. Any person aggrieved by any act of the town board or the department of natural resources environmental management in establishing a town sanitary district may bring an action in the circuit court of the county in which his or her lands are located, to set aside the final determination of the town board or the department of natural resources environmental management, within 90 days after the final determination, as provided under s. 893.73 (2). If no action is taken within the 90-day period, the determination by the town board or the department of natural resources environmental management is final.

SB55-ASA1-AA1, s. 2003tu Section 2003tu. 60.782 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,512,10 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 23.434 (4).

SB55-ASA1-AA1, s. 2003ty Section 2003ty. 60.785 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,512,23 60.785 (2) (a) Any town sanitary district may be consolidated with a contiguous town sanitary district by resolution passed by a two-thirds vote of all of the commissioners of each district, fixing the terms of the consolidation and ratified by the qualified electors of each district at a referendum held in each district. The resolution shall be filed as provided in s. 8.37. The ballots shall contain the words "for consolidation", consolidation," and "against consolidation". consolidation." If a majority of the votes cast on the referendum in each town sanitary district are for consolidation, the resolutions are effective and have the force of a contract. Certified copies of the resolutions and the results of the referendum shall be filed with the secretary of natural resources environmental management, and the original documents shall be recorded with the register of deeds in each county in which the consolidated district is situated.

SB55-ASA1-AA1, s. 2003vc Section 2003vc. 61.351 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,512,25 61.351 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

SB55-ASA1-AA1, s. 2003vg Section 2003vg. 61.351 (2) of the statutes is amended to read:

SB55-ASA1-AA1,513,6 61.351 (2) Filled wetlands. Any wetlands which that are filled prior to the date on which a village receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which that affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

SB55-ASA1-AA1, s. 2003vn Section 2003vn. 61.351 (3) of the statutes is amended to read:

SB55-ASA1-AA1,513,14 61.351 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which that are within its incorporated area at any time.

SB55-ASA1-AA1, s. 2003vr Section 2003vr. 61.351 (6) of the statutes is amended to read:

SB55-ASA1-AA1,513,24 61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, or if the department of natural resources environmental management, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental management shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

SB55-ASA1-AA1, s. 2003vw Section 2003vw. 61.354 (1) of the statutes is amended to read:

SB55-ASA1-AA1,514,2 61.354 (1) Definition. As used in this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003yc Section 2003yc. 62.231 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,514,4 62.231 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

SB55-ASA1-AA1, s. 2003yg Section 2003yg. 62.231 (2) of the statutes is amended to read:

SB55-ASA1-AA1,514,10 62.231 (2) Filled wetlands. Any wetlands which that are filled prior to the date on which a city receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which that affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

SB55-ASA1-AA1, s. 2003yL Section 2003yL. 62.231 (3) of the statutes is amended to read:

SB55-ASA1-AA1,514,18 62.231 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which that are within its incorporated area at any time.

SB55-ASA1-AA1, s. 2003yp Section 2003yp. 62.231 (6) of the statutes is amended to read:

SB55-ASA1-AA1,515,3 62.231 (6) Failure to adopt ordinance. If any city does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, or if the department of natural resources environmental management, after notice and hearing, determines that a city adopted an ordinance which that fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental management shall adopt an ordinance for the city. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

SB55-ASA1-AA1, s. 2003yt Section 2003yt. 62.231 (6m) of the statutes is amended to read:

SB55-ASA1-AA1,515,10 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department of natural resources environmental management may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.

SB55-ASA1-AA1, s. 2003yx Section 2003yx. 62.234 (1) of the statutes is amended to read:

SB55-ASA1-AA1,515,13 62.234 (1) Definition. As used in this section, "department" means the department of natural resources environmental management.".

SB55-ASA1-AA1,515,14 871. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,515,15 " Section 2003rm. 60.34 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,515,18 60.34 (1) (a) Receive Except as provided in s. 66.0608, receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607.

SB55-ASA1-AA1, s. 2003rn Section 2003rn. 61.26 (2) of the statutes is amended to read:

SB55-ASA1-AA1,515,21 61.26 (2) Receive Except as provided in s. 66.0608, receive all moneys belonging or accruing to the village or directed by law to be paid to the treasurer.

SB55-ASA1-AA1, s. 2003ve Section 2003ve. 61.26 (3) of the statutes is amended to read:

SB55-ASA1-AA1,516,4 61.26 (3) Deposit Except as provided in s. 66.0608, deposit upon receipt the funds of the village in the name of the village in the public depository designated by the board. Failure to comply with this subsection shall be prima facie grounds for removal from office. When the money is deposited, the treasurer and bonders are not liable for the losses defined by s. 34.01 (2), and the interest shall be paid into the village treasury.

SB55-ASA1-AA1, s. 2003we Section 2003we. 62.09 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,516,9 62.09 (9) (a) The Except as provided in s. 66.0608, the treasurer shall collect all city, school, county, and state taxes, receive all moneys belonging to the city or which by law are directed to be paid to the treasurer, and pay over the money in the treasurer's hands according to law.

SB55-ASA1-AA1, s. 2003wg Section 2003wg. 62.09 (9) (e) of the statutes is amended to read:

SB55-ASA1-AA1,516,18 62.09 (9) (e) The Except as provided in s. 66.0608, the treasurer shall deposit immediately upon receipt thereof the funds of the city in the name of the city in the public depository designated by the council. Such deposit may be in either a demand deposit or in a time deposit, maturing in not more than one year. Failure to comply with the provisions hereof shall be prima facie grounds for removal from office. When the money is so deposited, the treasurer and the treasurer's bonders shall not be liable for such losses as are defined by s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury.".

SB55-ASA1-AA1,516,19 872. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,516,20 " Section 2003tm. 60.77 (6) (a) of the statutes is amended to read:

SB55-ASA1-AA1,516,24 60.77 (6) (a) Let contracts for any work or purchase that involves an expenditure of $5,000 $15,000 or more to the lowest responsible bidder in the manner prescribed by the commission. Section 66.0901 applies to contracts let under this paragraph.".

SB55-ASA1-AA1,517,1 873. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,517,2 " Section 2003sc. 60.323 of the statutes is amended to read:

SB55-ASA1-AA1,517,5 60.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one official capacity or office of the town at the same time.

SB55-ASA1-AA1, s. 2003se Section 2003se. 60.37 (1) of the statutes is amended to read:

SB55-ASA1-AA1,517,12 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

SB55-ASA1-AA1, s. 2003sg Section 2003sg. 60.37 (4) of the statutes is created to read:

SB55-ASA1-AA1,517,21 60.37 (4) Elected officers serving as employees. (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 (1).

SB55-ASA1-AA1,517,23 (b) 1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.

SB55-ASA1-AA1,518,3 2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee.".

SB55-ASA1-AA1,518,4 874. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,518,5 " Section 2003rc. 60.23 (32) of the statutes is created to read:

SB55-ASA1-AA1,518,11 60.23 (32) Town withdrawal from county zoning. (a) Subject to pars. (b) and (c), after December 31, 2003, and before January 1, 2005; after December 31, 2010, and before January 1, 2012; and for one year every 5 years after January 1, 2011, a town board may enact an ordinance withdrawing the town from coverage of a county zoning ordinance that had previously been approved under s. 59.69 (5) (c) and from coverage by a county development plan that has been enacted under s. 59.69 (3) (a).

SB55-ASA1-AA1,518,13 (b) Subject to par. (c), an ordinance enacted under par. (a) may not take effect until all of the following occur:

SB55-ASA1-AA1,518,16 1. Not later than 60 days before enacting an ordinance under par. (a), the town clerk notifies the county clerk, in writing, of the town's intent to enact an ordinance under par. (a).

SB55-ASA1-AA1,518,19 2. The town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s. 66.1001, and an official map under s. 62.23 (6), and the town clerk sends certified copies of such documents to the county clerk.

SB55-ASA1-AA1,518,24 (c) A zoning ordinance enacted under s. 60.62, a comprehensive plan enacted under s. 66.1001, and an official map established under s. 62.23 (6), that are enacted in conjunction with an ordinance enacted under par. (a), shall all take effect on the first day of the 3rd month beginning after certified copies of the documents are sent to the county clerk under par. (b) 2.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.62 (1) of the statutes is amended to read:

SB55-ASA1-AA1,519,6 60.62 (1) Subject to subs. (2), (3) and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35, except that after December 31, 2003, a town board may adopt zoning ordinances under s. 61.35 without being granted the authority to exercise village powers.

SB55-ASA1-AA1, s. 2003tf Section 2003tf. 60.62 (2) of the statutes is amended to read:

SB55-ASA1-AA1,519,12 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) before January 1, 2004, is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election. The question for the referendum vote shall be filed as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003tg Section 2003tg. 60.62 (3) of the statutes is amended to read:

SB55-ASA1-AA1,519,17 60.62 (3) 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, except that this subsection does not apply to a town that has withdrawn from county zoning under s. 60.23 (32).