This substitute amendment authorizes a town board that is authorized to
exercise village powers to adopt a resolution, that is subject to ratification in a
referendum that the town board must call, declaring that it is a "charter town." The
substitute amendment also allows the town board of a charter town to create a TIF
district; and it allows a charter town board to exercise certain zoning powers, and
exempts the town from being subject to certain city and village extraterritorial
powers. This substitute amendment does not allow such towns to annex territory or
to engage in extraterritorial zoning or plat approval.
The powers granted to towns in this substitute amendment apply only if certain
conditions are met on the date on which the board adopts the resolution. Some of the
conditions that must be satisfied include the following:
1. The population of the town must be at least 2,500.
2. The town board creates a town plan commission and adopts a comprehensive
land use plan.
3. The town board enacts and enforces building code ordinances.
4. The town board enacts a construction site erosion control and storm water
management zoning ordinance.
In addition, certain charter towns are exempt from being subject to city and
village annexation powers and land acquisition powers if certain conditions are met,
and counties must recognize a charter town's official map in the same way that it
recognizes city and village official maps. Some of the conditions that must be met
include the following:
1. At least 10% of the town residents receive water supply or sewage disposal
services, or both, from one of several entities, such as a town sanitary district, a town
utility district, a metropolitan sewerage district, or another city, village, or town.
2. The equalized value of the town must exceed $100,000,000.
3. The town must provide law enforcement services 24 hours a day.
Under current law, if a city, village, or town (municipality) that operates a water
system seeks to serve customers within the municipality but to serve such customers
it is necessary or economically prudent for the municipality to install service
connections within the boundaries of an adjacent municipality, the municipality may
seek the permission of the adjacent municipality to do so. If the adjacent
municipality denies permission, the municipality may apply to the Public Service
Commission (PSC) for permission to install the service connections. Following a
hearing, the PSC may issue an order authorizing the municipality to install service
connections within the boundaries of an adjacent municipality.
Under the substitute amendment, a municipality may not apply to the PSC for
such an order that applies to a town, and the PSC may not issue an order that applies
to an adjacent municipality that is a town.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB136-ASA1,3,122
27.08
(2) (b)
To Except as provided in s. 60.225 (4) and (5), to acquire in the
3name of the city for park, parkway, boulevard or pleasure drive purposes by gift,
4devise, bequest or condemnation, either absolutely or in trust, money, real or
5personal property, or any incorporeal right or privilege. Gifts to any city of money
6or other property, real or personal, either absolutely or in trust, for park, parkway,
7boulevard or pleasure drive purposes shall be accepted only after they shall have
8been recommended by the board to the common council and approved by said council
9by resolution. Subject to the approval of the common council the board may execute
10every trust imposed upon the use of property or property rights by the deed,
11testament or other conveyance transferring the title of such property to the city for
12park, parkway, boulevard or pleasure drive purposes.
AB136-ASA1,4,214
27.08
(2) (c) Subject to the approval of the common council to buy or lease lands
15in the name of the city for park, parkway, boulevard or pleasure drive purposes
16within or without the city and, with the approval of the common council, to sell or
17exchange property no longer required for its purposes. Every city is authorized,
18except as provided in s. 60.225 (4) and (5), upon recommendation of its officers, board
19or body having the control and management of its public parks, to acquire by
20condemnation in the name of the city such lands within or without its corporate
1boundaries as it may need for public parks, parkways, boulevards and pleasure
2drives.
AB136-ASA1,4,7
428.20 Community forests. Any Except as provided in s. 60.225 (4) and (5),
5any city, village, town or school district may acquire land, engage in forestry and
6appropriate funds for such purpose. The forest property may be located outside the
7city, village, town or school district limits.
AB136-ASA1,4,229
59.69
(3) (a) The county zoning agency may direct the preparation of a county
10development plan or parts of the plan for the physical development of the
11unincorporated territory within the county
to which the conditions under s. 60.225
12(4) do not apply; areas within a charter town under s. 60.225, or areas within a town
13to which s. 60.225 (4) applies, whose governing bodies by resolution agree to having
14their areas included in the county's development plan; and areas within incorporated
15jurisdictions whose governing bodies by resolution agree to having their areas
16included in the county's development plan. The plan may be adopted in whole or in
17part and may be amended by the board and endorsed by the governing bodies of
18incorporated jurisdictions included in the plan. The county development plan, in
19whole or in part, in its original form or as amended, is hereafter referred to as the
20development plan. Beginning on January 1, 2010, if the county engages in any
21program or action described in s. 66.1001 (3), the development plan shall contain at
22least all of the elements specified in s. 66.1001 (2).
AB136-ASA1,5,424
59.69
(3) (b) The development plan shall include the master plan, if any, of any
25city or village, that was adopted under s. 62.23 (2) or (3)
, or of any town that was
1adopted under s. 60.62 (1) or (4) or 62.23 (2) or (3), as described under s. 60.225 (1)
2(c), and the official map, if any, of such city or village, that was adopted under s. 62.23
3(6)
, or of any town that was adopted under s. 62.23 (6) as described under s. 60.225
4(1) (c) in the county, without change
.
AB136-ASA1,5,106
59.69
(3) (e) A master plan adopted under s. 62.23 (2) and (3) and an official
7map that is established under s. 62.23 (6) shall control in unincorporated territory
8in a county affected thereby,
other than in areas within a charter town under s.
960.225, or areas within a town to which s. 60.225 (4) applies, whether or not such
10action occurs before the adoption of a development plan.
AB136-ASA1,5,1312
60.10
(1) (h)
Approval of resolutions. Approve a resolution adopted by the town
13board under s. 60.225 (1).
AB136-ASA1,5,19
1560.225 Charter towns. (1) Procedure. If a town board is authorized to
16exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may
17adopt a resolution declaring its town to be a charter town that is subject to this
18section if, on the date of adoption of the resolution, all of the following conditions are
19satisfied:
AB136-ASA1,5,2020
(a) The population of the town is at least 2,500.
AB136-ASA1,5,2221
(b) The town board creates and maintains a town plan commission under s.
2262.23.
AB136-ASA1,5,2423
(c) The town board enacts a comprehensive zoning ordinance under s. 60.61,
2460.62, or 62.23, and establishes an official town map under s. 62.23 (6).
AB136-ASA1,5,2525
(d) The town board adopts a comprehensive land use plan under s. 66.1001.
AB136-ASA1,6,2
1(e) The town board enacts a construction site erosion control and storm water
2management zoning ordinance under s. 60.627.
AB136-ASA1,6,33
(f) The town board enacts a subdivision ordinance under s. 236.45.
AB136-ASA1,6,54
(g) The town board enacts and enforces building code ordinances under s. 60.61
5(1m).
AB136-ASA1,6,11
6(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
7town board shall call a referendum to ratify the resolution at the next spring primary
8or election or September primary or general election, to be held not sooner than 45
9days after the ratification referendum is called by the town board. The referendum
10question shall be: "Do you approve the town board resolution declaring .... [name of
11town] to be a charter town?".
AB136-ASA1,6,1612
(b) A resolution adopted by a town board under sub. (1) may not take effect until
13the resolution is approved by the electors in a ratification referendum under par. (a).
14If the resolution is ratified, the town clerk shall certify that fact to the secretary of
15state. The secretary of state shall issue a certificate of charter town status and shall
16record that status in a book kept for that purpose.
AB136-ASA1,7,517
(c) If a resolution adopted by a town board under sub. (1) takes effect under par.
18(b), the town board may adopt a resolution, not sooner than 4 years after the effective
19date of the resolution declaring the town to be a charter town, that revokes the town's
20charter town status. The revocation resolution may not take effect until the
21resolution is approved by the electors in a ratification referendum called by the town
22board for that purpose. The referendum shall comply with the requirements for a
23ratification referendum that is held under par. (a), except that the referendum
24question shall be: "Do you approve the town board resolution that revokes the status
25of .... [name of town] as a charter town?". If the referendum revoking charter town
1status is approved, county zoning ordinances that did not apply to the town because
2of its former charter town status apply to the town on the effective date of the
3revocation resolution. If a county ordinance conflicts with an ordinance enacted by
4the former charter town board, the county ordinance shall take precedence over the
5former charter town ordinance on the effective date of the revocation resolution.
AB136-ASA1,7,10
6(3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no
7town may be subject to any county zoning ordinance that is enacted by a county board
8after a town board adopts a resolution under sub. (1) unless the town board approves
9the ordinance or until the resolution adopted by the town board under sub. (1) is
10defeated in a ratification vote by the referendum under sub. (2).
AB136-ASA1,7,1711
2. If a town board adopts a resolution under sub. (1) and the resolution is
12ratified under sub. (2), a town board may adopt a resolution revoking its approval of
13any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
14if the town board notifies the county board in writing at least 60 days before the
15resolution revoking approval of a county zoning ordinance takes effect. On the
16effective date of the resolution revoking town approval of a county zoning ordinance,
17the town board may act under s. 60.61 (2) or 60.62 (1).
AB136-ASA1,7,2218
(b) No town may be subject to the extraterritorial zoning jurisdiction or
19extraterritorial plat approval jurisdiction of a city or village during the period
20beginning after a town board adopts a resolution under sub. (1) and before a
21ratification vote under sub. (2) or at any time after the electors of the town approve
22the resolution under sub. (2).
AB136-ASA1,8,3
23(4) Protected status. If all of the following apply, no town territory may be
24acquired by a city or village by any of the methods described under sub. (5) during
25the period beginning after a town board adopts a resolution under sub. (1) and before
1a ratification vote under sub. (2) or at any time after the electors of the town approve
2such a resolution under sub. (2), unless the town board approves the proposed
3acquisition:
AB136-ASA1,8,54
(a) The equalized value of the town exceeds $100,000,000, according to the most
5recent assessment.
AB136-ASA1,8,76
(b) At least 10% of the town residents receive either water supply or sewage
7disposal services, or both, from one of the following:
AB136-ASA1,8,88
1. A town sanitary district created by the town under subch. IX.
AB136-ASA1,8,99
2. A town utility district created under s. 66.0827.
AB136-ASA1,8,1110
3. A metropolitan sewerage district created under ss. 200.01 to 200.15 or under
11ss. 200.21 to 200.65.
AB136-ASA1,8,1212
4. A public utility, as defined in s. 196.01 (5).
AB136-ASA1,8,1313
5. A town sanitary district created by another town under subch. IX.
AB136-ASA1,8,1414
6. A city or village.
AB136-ASA1,8,1715
(c) The town provides law enforcement services, 24 hours a day, by establishing
16a town police department or by creating a joint police department with another city,
17village, or town under s. 60.56.
AB136-ASA1,8,20
18(5) Limits on land acquisition. If the conditions described under sub. (4) apply,
19the following city or village methods of acquiring territory in a town are limited as
20provided under sub. (4):
AB136-ASA1,8,2121
(a) Annexation under s. 66.0217, 66.0219, or 66.0223.
AB136-ASA1,8,2322
(b) Acquisition of real or personal property for park-related purposes as
23described in s. 27.08 (2) (b) or (c).
AB136-ASA1,8,2424
(c) Acquisition of land for community forest purposes under s. 28.20.
AB136-ASA1,9,2
1(d) Acquisition of real or personal property for any of the purposes described
2under s. 61.34 (3).
AB136-ASA1,9,43
(e) Acquisition of real or personal property for any of the purposes described
4under s. 62.22 (1) or (1e).
AB136-ASA1,9,106
60.23
(32) Town tax increment powers. If the town is a charter town under s.
760.225, exercise all powers of cities under s. 66.1105. If the town board exercises the
8powers of a city under s. 66.1105, it is subject to the same duties as a common council
9under s. 66.1105 and the town is subject to the same duties and liabilities as a city
10under s. 66.1105.
AB136-ASA1, s. 10
11Section
10. 60.61 (2) (intro.) of the statutes is amended to read:
AB136-ASA1,9,1512
60.61
(2) Extent of authority. (intro.)
Subject If a town board revokes its
13approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs.
14(3) and (3m), if a town is located in a county which has not enacted a county zoning
15ordinance under s. 59.69, the town board, by ordinance, may:
AB136-ASA1, s. 11
16Section
11. 60.61 (3) (intro.) of the statutes is amended to read:
AB136-ASA1,9,2117
60.61
(3) Exercise of authority. (intro.) Before exercising authority under
18sub. (2), the town board
of a town that is located in a county that has not adopted a
19county zoning ordinance under s. 59.69 shall petition the county board to initiate, at
20any regular or special meeting, action to enact a county zoning ordinance under s.
2159.69. The town board may proceed under sub. (2) if:
AB136-ASA1,9,2523
60.62
(2) If the county in which the town is located has enacted a zoning
24ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
25approval by the town meeting or by a referendum vote of the electors of the town held
1at the time of any regular or special election
, except that this subsection does not
2apply if a town board revokes its approval of a county zoning ordinance under s.
360.225 (3) (a) 2. The question for the referendum vote shall be filed as provided in
4s. 8.37.
AB136-ASA1,10,96
60.62
(3) In counties having a county zoning ordinance, no zoning ordinance
7or amendment of a zoning ordinance may be adopted under this section unless
8approved by the county board
, except that this subsection does not apply if a town
9board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.
AB136-ASA1,10,2011
61.34
(3) Acquisition and disposal of property. The Except as provided in s.
1260.225 (4) and (5), the village board may acquire property, real or personal, within
13or outside the village, for parks, libraries, recreation, beautification, streets, water
14systems, sewage or waste disposal, harbors, improvement of watercourses, public
15grounds, vehicle parking areas, and for any other public purpose; may acquire real
16property within or contiguous to the village, by means other than condemnation, for
17industrial sites; may improve and beautify the same; may construct, own, lease and
18maintain buildings on such property for instruction, recreation, amusement and
19other public purposes; and may sell and convey such property. Condemnation shall
20be as provided by ch. 32.
AB136-ASA1,11,522
62.22
(1) Purposes. The Except as provided in s. 60.225 (4) and (5), the 23governing body of any city may by gift, purchase or condemnation acquire property,
24real or personal, within or outside the city, for parks, recreation, water systems,
25sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle
1parking areas, and for any other public purpose; may acquire real property within
2or contiguous to the city, by means other than condemnation, for industrial sites; may
3improve and beautify the same; may construct, own, lease and maintain buildings
4on such property for public purposes; and may sell and convey such property. The
5power of condemnation for any such purpose shall be as provided by ch. 32.
AB136-ASA1,11,137
62.22
(1e) Certain industrial sites.
The Except as provided in s. 60.225 (4) and
8(5), the governing body of a 2nd class city which is adjacent to Lake Michigan and
9which is located in a county with a population of less than 110,000, according to the
10most recent estimate by the department of administration, may acquire real
11property by gift outside the city boundaries for industrial sites; may improve and
12beautify the same; may construct, own, lease and maintain buildings on such
13property for public purposes; and may sell and convey such property.
AB136-ASA1,12,915
62.23
(7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
16area
, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of
17a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
18Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.0105
19shall apply and any subsequent alteration of the corporate limits of the city by
20annexation, detachment or consolidation proceedings shall not affect the dividing
21line as initially determined under s. 66.0105. The governing body of the city shall
22specify by resolution the description of the area to be zoned within its extraterritorial
23zoning jurisdiction sufficiently accurate to determine its location and such area shall
24be contiguous to the city. The boundary line of such area shall follow government lot
25or survey section or fractional section lines or public roads, but need not extend to
1the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
2of the resolution the governing body shall declare its intention to prepare a
3comprehensive zoning ordinance for all or part of its extraterritorial zoning
4jurisdiction by the publication of the resolution in a newspaper having general
5circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The
6city clerk shall mail a certified copy of the resolution and a scale map reasonably
7showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
8in which the extraterritorial jurisdiction area is located and to the town clerk of each
9town, any part of which is included in such area.
AB136-ASA1,12,20
1166.0105 Jurisdiction of overlapping extraterritorial powers. The
12extraterritorial powers granted to cities and villages by statute, including ss. 30.745,
1362.23 (2) and (7a), 66.0415, 236.10
, and 254.57, may not be exercised within the
14corporate limits of another city or village
and may not be exercised within the
15corporate limits of a town whose board has adopted a resolution under s. 60.225 (1)
16unless a majority of the votes cast in the ratification vote on the resolution do not
17approve the resolution. Wherever these statutory extraterritorial powers overlap,
18the jurisdiction over the overlapping area shall be divided on a line all points of which
19are equidistant from the boundaries of each municipality concerned so that not more
20than one municipality shall exercise power over any area.
AB136-ASA1, s. 19
21Section
19. 66.0217 (3) (intro.) of the statutes is amended to read:
AB136-ASA1,12,2422
66.0217
(3) Other methods of annexation. (intro.) Subject to s. 66.0307 (7)
23and except as provided in s. 60.225 (4) and (5), territory contiguous to a city or village
24may be annexed to the city or village in the following ways:
AB136-ASA1,13,6
166.0219 Annexation by referendum initiated by city or village. (intro.)
2As a complete alternative to any other annexation procedure, and subject to s.
366.0307 (7)
and except as provided in s. 60.225 (4) and (5), unincorporated territory
4which contains electors and is contiguous to a city or village may be annexed to the
5city or village under this section. The definitions in s. 66.0217 (1) apply to this
6section.
AB136-ASA1,13,25
866.0223 Annexation of territory owned by a city or village. In addition
9to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7)
and
10except as provided in s. 60.225 (4) and (5), territory owned by and lying near but not
11necessarily contiguous to a village or city may be annexed to a village or city by
12ordinance enacted by the board of trustees of the village or the common council of the
13city, provided that in the case of noncontiguous territory the use of the territory by
14the city or village is not contrary to any town or county zoning regulation. The
15ordinance shall contain the exact description of the territory annexed and the names
16of the towns from which detached, and attaches the territory to the village or city
17upon the filing of 7 certified copies of the ordinance in the office of the secretary of
18state, together with 7 copies of a plat showing the boundaries of the territory
19attached. Two copies of the ordinance and plat shall be forwarded by the secretary
20of state to the department of transportation, one copy to the department of
21administration, one copy to the department of natural resources, one copy to the
22department of revenue and one copy to the department of public instruction. Within
2310 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
24or delivered to the clerk of the county in which the annexed territory is located.
25Section 66.0217 (11) applies to annexations under this section.
AB136-ASA1,14,92
70.99
(8) Each city, town and village assessor duly appointed or elected and
3qualified to make the assessment for a city, town or village shall continue in office
4for all purposes of completing the functions of assessor with respect to such current
5year's assessment, but is divested of all authority in respect to the January 1
6assessment that comes under the jurisdiction of the county assessor
, except that a
7town assessor of any charter town under s. 60.225 is not divested of his or her
8authority under this subsection and a county assessor does not have jurisdiction in
9a charter town.
AB136-ASA1,15,911
196.58
(7) (a) If a municipality operating a water system seeks to serve
12consumers of an area which is part of the municipality and in the same county, but
13in order to serve such consumers it is necessary or economically prudent for the
14municipality to install mains, transmission lines, pipes or service connections
15through, upon or under a public street, highway, road, public thoroughfare or alley
16located within the boundaries of any adjacent municipality, the municipality seeking
17the installation may file a petition with the clerk of the legislative body of the
18adjacent municipality requesting approval for the installation of the mains,
19transmission lines, pipes or service connections. The governing body of the adjacent
20municipality shall act on the petition within 15 days after the petition is filed. If the
21governing body of the adjacent municipality fails to act within the 15-day period, the
22petition shall be deemed approved and the municipality may proceed with the
23installations required for service to its consumers. If, however, the governing body
24of the adjacent municipality rejects the petition, the municipality may make
25application to the commission for authority to install within the boundaries of the
1adjacent municipality
, other than a town, the installations necessary to provide
2service to its consumers. The commission shall hold a hearing upon the application
3of the municipality. If the commission determines that it is necessary or economically
4prudent that the municipality seeking to serve its consumers make the installations
5within the boundaries of the adjacent municipality, the commission shall promptly
6issue an order authorizing the municipality to proceed to make the installation
in the
7adjacent municipality, except that the commission may not issue such an order if the
8adjacent municipality is a town. In the order, the commission may establish the
9manner of making the installation.