LRB-0558/1
MES:kmg:ch
2003 - 2004 LEGISLATURE
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
1An Act to amend 27.08 (2) (b), 27.08 (2) (c), 28.20, 59.69 (3) (a), 59.69 (3) (b), 59.69
2(3) (e), 60.61 (2) (intro.), 60.61 (3) (intro.), 60.62 (2), 60.62 (3), 61.34 (3), 62.22
3(1), 62.22 (1e), 62.23 (7a) (a), 66.0105, 66.0217 (3) (intro.), 66.0219 (intro.),
466.0223, 70.99 (8), 196.58 (7) (a) and 236.02 (5);
to create 60.10 (1) (h), 60.225
5and 60.23 (32) of the statutes; and
to affect Laws of 1975, chapter 105, section
61 (1) and (2);
relating to: the powers of certain towns and authorizing the
7creation 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
1Section
1. 27.08 (2) (b) of the statutes is amended to read:
AB136,3,11
127.08
(2) (b)
To Except as provided in s. 60.225 (4) and (5), to acquire in the
2name of the city for park, parkway, boulevard or pleasure drive purposes by gift,
3devise, bequest or condemnation, either absolutely or in trust, money, real or
4personal property, or any incorporeal right or privilege. Gifts to any city of money
5or other property, real or personal, either absolutely or in trust, for park, parkway,
6boulevard or pleasure drive purposes shall be accepted only after they shall have
7been recommended by the board to the common council and approved by said council
8by resolution. Subject to the approval of the common council the board may execute
9every trust imposed upon the use of property or property rights by the deed,
10testament or other conveyance transferring the title of such property to the city for
11park, parkway, boulevard or pleasure drive purposes.
AB136, s. 2
12Section
2. 27.08 (2) (c) of the statutes is amended to read:
AB136,3,2113
27.08
(2) (c) Subject to the approval of the common council to buy or lease lands
14in the name of the city for park, parkway, boulevard or pleasure drive purposes
15within or without the city and, with the approval of the common council, to sell or
16exchange property no longer required for its purposes. Every city is authorized,
17except as provided in s. 60.225 (4) and (5), upon recommendation of its officers, board
18or body having the control and management of its public parks, to acquire by
19condemnation in the name of the city such lands within or without its corporate
20boundaries as it may need for public parks, parkways, boulevards and pleasure
21drives.
AB136, s. 3
22Section
3. 28.20 of the statutes is amended to read:
AB136,4,2
2328.20 Community forests. Any Except as provided in s. 60.225 (4) and (5),
24any city, village, town or school district may acquire land, engage in forestry and
1appropriate funds for such purpose. The forest property may be located outside the
2city, village, town or school district limits.
AB136, s. 4
3Section
4. 59.69 (3) (a) of the statutes is amended to read:
AB136,4,174
59.69
(3) (a) The county zoning agency may direct the preparation of a county
5development plan or parts of the plan for the physical development of the
6unincorporated territory within the county
to which the conditions under s. 60.225
7(4) do not apply; areas within a charter town under s. 60.225, or areas within a town
8to which s. 60.225 (4) applies, whose governing bodies by resolution agree to having
9their areas included in the county's development plan; and areas within incorporated
10jurisdictions whose governing bodies by resolution agree to having their areas
11included in the county's development plan. The plan may be adopted in whole or in
12part and may be amended by the board and endorsed by the governing bodies of
13incorporated jurisdictions included in the plan. The county development plan, in
14whole or in part, in its original form or as amended, is hereafter referred to as the
15development plan. Beginning on January 1, 2010, if the county engages in any
16program or action described in s. 66.1001 (3), the development plan shall contain at
17least all of the elements specified in s. 66.1001 (2).
AB136, s. 5
18Section
5. 59.69 (3) (b) of the statutes is amended to read:
AB136,4,2419
59.69
(3) (b) The development plan shall include the master plan, if any, of any
20city or village, that was adopted under s. 62.23 (2) or (3)
, or of any town that was
21adopted under s. 60.62 (1) or (4) or 62.23 (2) or (3), as described under s. 60.225 (1)
22(c), and the official map, if any, of such city or village, that was adopted under s. 62.23
23(6)
, or of any town that was adopted under s. 62.23 (6) as described under s. 60.225
24(1) (c) in the county, without change
.
AB136, s. 6
25Section
6. 59.69 (3) (e) of the statutes is amended to read:
AB136,5,5
159.69
(3) (e) A master plan adopted under s. 62.23 (2) and (3) and an official
2map that is established under s. 62.23 (6) shall control in unincorporated territory
3in a county affected thereby,
other than in areas within a charter town under s.
460.225, or areas within a town to which s. 60.225 (4) applies, whether or not such
5action occurs before the adoption of a development plan.
AB136, s. 7
6Section
7. 60.10 (1) (h) of the statutes is created to read:
AB136,5,87
60.10
(1) (h)
Approval of resolutions. Approve a resolution adopted by the town
8board under s. 60.225 (1).
AB136, s. 8
9Section
8. 60.225 of the statutes is created to read:
AB136,5,14
1060.225 Charter towns. (1) Procedure. If a town board is authorized to
11exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may
12adopt a resolution declaring its town to be a charter town that is subject to this
13section if, on the date of adoption of the resolution, all of the following conditions are
14satisfied:
AB136,5,1515
(a) The population of the town is at least 2,500.
AB136,5,1716
(b) The town board creates and maintains a town plan commission under s.
1762.23.
AB136,5,1918
(c) The town board enacts a comprehensive zoning ordinance under s. 60.61,
1960.62, or 62.23, and establishes an official town map under s. 62.23 (6).
AB136,5,2020
(d) The town board adopts a comprehensive land use plan under s. 66.1001.
AB136,5,2221
(e) The town board enacts a construction site erosion control and storm water
22management zoning ordinance under s. 60.627.
AB136,5,2323
(f) The town board enacts a subdivision ordinance under s. 236.45.
AB136,5,2524
(g) The town board enacts and enforces building code ordinances under s. 60.61
25(1m).
AB136,6,6
1(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
2town board shall call a referendum to ratify the resolution at the next spring primary
3or election or September primary or general election, to be held not sooner than 45
4days after the ratification referendum is called by the town board. The referendum
5question shall be: "Do you approve the town board resolution declaring .... [name of
6town] to be a charter town?".
AB136,6,117
(b) A resolution adopted by a town board under sub. (1) may not take effect until
8the resolution is approved by the electors in a ratification referendum under par. (a).
9If the resolution is ratified, the town clerk shall certify that fact to the secretary of
10state. The secretary of state shall issue a certificate of charter town status and shall
11record that status in a book kept for that purpose.
AB136,6,2512
(c) If a resolution adopted by a town board under sub. (1) takes effect under par.
13(b), the town board may adopt a resolution, not sooner than 4 years after the effective
14date of the resolution declaring the town to be a charter town, that revokes the town's
15charter town status. The revocation resolution may not take effect until the
16resolution is approved by the electors in a ratification referendum called by the town
17board for that purpose. The referendum shall comply with the requirements for a
18ratification referendum that is held under par. (a), except that the referendum
19question shall be: "Do you approve the town board resolution that revokes the status
20of .... [name of town] as a charter town?". If the referendum revoking charter town
21status is approved, county zoning ordinances that did not apply to the town because
22of its former charter town status apply to the town on the effective date of the
23revocation resolution. If a county ordinance conflicts with an ordinance enacted by
24the former charter town board, the county ordinance shall take precedence over the
25former charter town ordinance on the effective date of the revocation resolution.
AB136,7,5
1(3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no
2town may be subject to any county zoning ordinance that is enacted by a county board
3after a town board adopts a resolution under sub. (1) unless the town board approves
4the ordinance or until the resolution adopted by the town board under sub. (1) is
5defeated in a ratification vote by the referendum under sub. (2).
AB136,7,126
2. If a town board adopts a resolution under sub. (1) and the resolution is
7ratified under sub. (2), a town board may adopt a resolution revoking its approval of
8any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
9if the town board notifies the county board in writing at least 60 days before the
10resolution revoking approval of a county zoning ordinance takes effect. On the
11effective date of the resolution revoking town approval of a county zoning ordinance,
12the town board may act under s. 60.61 (2) or 60.62 (1).
AB136,7,1713
(b) No town may be subject to the extraterritorial zoning jurisdiction or
14extraterritorial plat approval jurisdiction of a city or village during the period
15beginning after a town board adopts a resolution under sub. (1) and before a
16ratification vote under sub. (2) or at any time after the electors of the town approve
17the resolution under sub. (2).