AB136: Bill Text

LRB-0558/1

MES:kmg:ch

2003 - 2004 LEGISLATURE

2003 Assembly BILL 136

March 6, 2003 - Introduced by Representatives Owens, Ainsworth, Albers, Bies, Freese, Gunderson, Hahn, Hines, Kerkman, Krawczyk, Ladwig, F. Lasee, McCormick, Musser, Pettis, Powers, Seratti and Towns, cosponsored by Senators A. Lasee and Schultz. Referred to Committee on Rural Affairs.

AB136,1,7 An Act to amend 27.08 (2) (b), 27.08 (2) (c), 28.20, 59.69 (3) (a), 59.69 (3) (b), 59.69 (3) (e), 60.61 (2) (intro.), 60.61 (3) (intro.), 60.62 (2), 60.62 (3), 61.34 (3), 62.22 (1), 62.22 (1e), 62.23 (7a) (a), 66.0105, 66.0217 (3) (intro.), 66.0219 (intro.), 66.0223, 70.99 (8), 196.58 (7) (a) and 236.02 (5); to create 60.10 (1) (h), 60.225 and 60.23 (32) of the statutes; and to affect Laws of 1975, chapter 105, section 1 (1) and (2); relating to: the powers of certain towns and authorizing the creation of charter towns by certain town boards.

Analysis by the Legislative Reference Bureau

Under current law, if a town meeting authorizes a town board to do so, the town board may exercise powers relating to villages and conferred on village boards by statute, except those powers that conflict with statutes relating to towns and town boards. For example, a town board exercising village powers may not create a tax incremental financing (TIF) district, annex territory, exercise extraterritorial zoning jurisdiction over another town, or, in counties that have adopted a county zoning ordinance, enact a town zoning ordinance unless it is approved by the county board. If a town board exercises village powers, the town is still subject to annexation by a city or village and may be subject to extraterritorial zoning powers exercised by a city or village.

This bill 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" and that, under certain circumstances and subject to several limitations, allows the town board to create a TIF district. The bill also 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 bill does not allow such towns to annex territory or to engage in extraterritorial zoning or plat approval.

The powers granted to towns in this bill 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 bill, 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.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB136, s. 1 Section 1. 27.08 (2) (b) of the statutes is amended to read:

AB136,3,11 27.08 (2) (b) To Except as provided in s. 60.225 (4) and (5), to acquire in the name of the city for park, parkway, boulevard or pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege. Gifts to any city of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall be accepted only after they shall have been recommended by the board to the common council and approved by said council by resolution. Subject to the approval of the common council the board may execute every trust imposed upon the use of property or property rights by the deed, testament or other conveyance transferring the title of such property to the city for park, parkway, boulevard or pleasure drive purposes.

AB136, s. 2 Section 2. 27.08 (2) (c) of the statutes is amended to read:

AB136,3,21 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands in the name of the city for park, parkway, boulevard or pleasure drive purposes within or without the city and, with the approval of the common council, to sell or exchange property no longer required for its purposes. Every city is authorized, except as provided in s. 60.225 (4) and (5), upon recommendation of its officers, board or body having the control and management of its public parks, to acquire by condemnation in the name of the city such lands within or without its corporate boundaries as it may need for public parks, parkways, boulevards and pleasure drives.

AB136, s. 3 Section 3. 28.20 of the statutes is amended to read:

AB136,4,2 28.20 Community forests. Any Except as provided in s. 60.225 (4) and (5), any city, village, town or school district may acquire land, engage in forestry and appropriate funds for such purpose. The forest property may be located outside the city, village, town or school district limits.

AB136, s. 4 Section 4. 59.69 (3) (a) of the statutes is amended to read:

AB136,4,17 59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts of the plan for the physical development of the unincorporated territory within the county to which the conditions under s. 60.225 (4) do not apply; areas within a charter town under s. 60.225, or areas within a town to which s. 60.225 (4) applies, whose governing bodies by resolution agree to having their areas included in the county's development plan; and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010, if the county engages in any program or action described in s. 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.1001 (2).

AB136, s. 5 Section 5. 59.69 (3) (b) of the statutes is amended to read:

AB136,4,24 59.69 (3) (b) The development plan shall include the master plan, if any, of any city or village, that was adopted under s. 62.23 (2) or (3), or of any town that was adopted under s. 60.62 (1) or (4) or 62.23 (2) or (3), as described under s. 60.225 (1) (c), and the official map, if any, of such city or village, that was adopted under s. 62.23 (6), or of any town that was adopted under s. 62.23 (6) as described under s. 60.225 (1) (c) in the county, without change .

AB136, s. 6 Section 6. 59.69 (3) (e) of the statutes is amended to read:

AB136,5,5 59.69 (3) (e) A master plan adopted under s. 62.23 (2) and (3) and an official map that is established under s. 62.23 (6) shall control in unincorporated territory in a county affected thereby, other than in areas within a charter town under s. 60.225, or areas within a town to which s. 60.225 (4) applies, whether or not such action occurs before the adoption of a development plan.

AB136, s. 7 Section 7. 60.10 (1) (h) of the statutes is created to read:

AB136,5,8 60.10 (1) (h) Approval of resolutions. Approve a resolution adopted by the town board under s. 60.225 (1).

AB136, s. 8 Section 8. 60.225 of the statutes is created to read:

AB136,5,14 60.225 Charter towns. (1) Procedure. If a town board is authorized to exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may adopt a resolution declaring its town to be a charter town that is subject to this section if, on the date of adoption of the resolution, all of the following conditions are satisfied:

AB136,5,15 (a) The population of the town is at least 2,500.

AB136,5,17 (b) The town board creates and maintains a town plan commission under s. 62.23.

AB136,5,19 (c) The town board enacts a comprehensive zoning ordinance under s. 60.61, 60.62, or 62.23, and establishes an official town map under s. 62.23 (6).

AB136,5,20 (d) The town board adopts a comprehensive land use plan under s. 66.1001.

AB136,5,22 (e) The town board enacts a construction site erosion control and storm water management zoning ordinance under s. 60.627.

AB136,5,23 (f) The town board enacts a subdivision ordinance under s. 236.45.

AB136,5,25 (g) The town board enacts and enforces building code ordinances under s. 60.61 (1m).

AB136,6,6 (2) Ratification. (a) If a town board adopts a resolution under sub. (1), the town board shall call a referendum to ratify the resolution at the next spring primary or election or September primary or general election, to be held not sooner than 45 days after the ratification referendum is called by the town board. The referendum question shall be: "Do you approve the town board resolution declaring .... [name of town] to be a charter town?".

AB136,6,11 (b) A resolution adopted by a town board under sub. (1) may not take effect until the resolution is approved by the electors in a ratification referendum under par. (a). If the resolution is ratified, the town clerk shall certify that fact to the secretary of state. The secretary of state shall issue a certificate of charter town status and shall record that status in a book kept for that purpose.

AB136,6,25 (c) If a resolution adopted by a town board under sub. (1) takes effect under par. (b), the town board may adopt a resolution, not sooner than 4 years after the effective date of the resolution declaring the town to be a charter town, that revokes the town's charter town status. The revocation resolution may not take effect until the resolution is approved by the electors in a ratification referendum called by the town board for that purpose. The referendum shall comply with the requirements for a ratification referendum that is held under par. (a), except that the referendum question shall be: "Do you approve the town board resolution that revokes the status of .... [name of town] as a charter town?". If the referendum revoking charter town status is approved, county zoning ordinances that did not apply to the town because of its former charter town status apply to the town on the effective date of the revocation resolution. If a county ordinance conflicts with an ordinance enacted by the former charter town board, the county ordinance shall take precedence over the former charter town ordinance on the effective date of the revocation resolution.

AB136,7,5 (3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no town may be subject to any county zoning ordinance that is enacted by a county board after a town board adopts a resolution under sub. (1) unless the town board approves the ordinance or until the resolution adopted by the town board under sub. (1) is defeated in a ratification vote by the referendum under sub. (2).

AB136,7,12 2. If a town board adopts a resolution under sub. (1) and the resolution is ratified under sub. (2), a town board may adopt a resolution revoking its approval of any county zoning ordinance, other than a wetlands in shorelands zoning ordinance, if the town board notifies the county board in writing at least 60 days before the resolution revoking approval of a county zoning ordinance takes effect. On the effective date of the resolution revoking town approval of a county zoning ordinance, the town board may act under s. 60.61 (2) or 60.62 (1).

AB136,7,17 (b) No town may be subject to the extraterritorial zoning jurisdiction or extraterritorial plat approval jurisdiction of a city or village during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve the resolution under sub. (2).

AB136,7,23 (4) Protected status. If all of the following apply, no town territory may be acquired by a city or village by any of the methods described under sub. (5) during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve such a resolution under sub. (2), unless the town board approves the proposed acquisition:

AB136,7,25 (a) The equalized value of the town exceeds $100,000,000, according to the most recent assessment.

AB136,8,2 (b) At least 10% of the town residents receive either water supply or sewage disposal services, or both, from one of the following:

AB136,8,3 1. A town sanitary district created by the town under subch. IX.

AB136,8,4 2. A town utility district created under s. 66.0827.

AB136,8,6 3. A metropolitan sewerage district created under ss. 200.01 to 200.15 or under ss. 200.21 to 200.65.

AB136,8,7 4. A public utility, as defined in s. 196.01 (5).