LRB-2488/1
MES:wlj:rs
2005 - 2006 LEGISLATURE
April 12, 2005 - Introduced by Senators Kedzie, Breske, Kapanke and A. Lasee,
cosponsored by Representatives
Owens, Kerkman, Ainsworth, Albers, Bies,
Davis, Gronemus, Gunderson, Freese, Hahn, Hines, Hundertmark,
Jeskewitz, Kestell, Krawczyk, F. Lasee, Lothian, McCormick, Musser, Ott,
Petrowski, Pettis, Pridemore, Towns, Vos and Ballweg. Referred to
Committee on Job Creation, Economic Development and Consumer Affairs.
SB165,1,7
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 (1), 70.99 (8) and 236.02 (5); and
to create 60.10 (1) (h), 60.225 and
560.23 (32) of the statutes;
relating to: the powers of certain towns, authorizing
6the creation of charter towns by certain town boards, and expanding the
7authority of charter towns to create tax incremental financing districts.
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 other than for very limited purposes related to
agricultural, forestry, or manufacturing projects; 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, which is subject to ratification in a referendum that the town
board must call, declaring that it is a "charter town." The bill also allows the town
board of a charter town to create a TIF district to the same extent as a city or village;
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 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 percent 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.
For further information see the state and 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:
SB165, s. 1
1Section
1. 27.08 (2) (b) of the statutes is amended to read:
SB165,3,62
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,
1boulevard or pleasure drive purposes shall be accepted only after they shall have
2been recommended by the board to the common council and approved by said council
3by resolution. Subject to the approval of the common council the board may execute
4every trust imposed upon the use of property or property rights by the deed,
5testament or other conveyance transferring the title of such property to the city for
6park, parkway, boulevard or pleasure drive purposes.
SB165, s. 2
7Section
2. 27.08 (2) (c) of the statutes is amended to read:
SB165,3,168
27.08
(2) (c) Subject to the approval of the common council to buy or lease lands
9in the name of the city for park, parkway, boulevard or pleasure drive purposes
10within or without the city and, with the approval of the common council, to sell or
11exchange property no longer required for its purposes. Every city is authorized,
12except as provided in s. 60.225 (4) and (5), upon recommendation of its officers, board
13or body having the control and management of its public parks, to acquire by
14condemnation in the name of the city such lands within or without its corporate
15boundaries as it may need for public parks, parkways, boulevards and pleasure
16drives.
SB165, s. 3
17Section
3. 28.20 of the statutes is amended to read:
SB165,3,21
1828.20 Community forests. Any Except as provided in s. 60.225 (4) and (5),
19any city, village, town or school district may acquire land, engage in forestry and
20appropriate funds for such purpose. The forest property may be located outside the
21city, village, town or school district limits.
SB165, s. 4
22Section
4. 59.69 (3) (a) of the statutes is amended to read:
SB165,4,1123
59.69
(3) (a) The county zoning agency may direct the preparation of a county
24development plan or parts of the plan for the physical development of the
25unincorporated territory within the county
to which the conditions under s. 60.225
1(4) do not apply; areas within a charter town under s. 60.225, or areas within a town
2to which s. 60.225 (4) applies, whose governing bodies by resolution agree to having
3their areas included in the county's development plan; and areas within incorporated
4jurisdictions whose governing bodies by resolution agree to having their areas
5included in the county's development plan. The plan may be adopted in whole or in
6part and may be amended by the board and endorsed by the governing bodies of
7incorporated jurisdictions included in the plan. The county development plan, in
8whole or in part, in its original form or as amended, is hereafter referred to as the
9development plan. Beginning on January 1, 2010, if the county engages in any
10program or action described in s. 66.1001 (3), the development plan shall contain at
11least all of the elements specified in s. 66.1001 (2).
SB165, s. 5
12Section
5. 59.69 (3) (b) of the statutes is amended to read:
SB165,4,1813
59.69
(3) (b) The development plan shall include the master plan, if any, of any
14city or village, that was adopted under s. 62.23 (2) or (3)
, or of any town that was
15adopted under s. 60.62 (1) or (4) or 62.23 (2) or (3), as described under s. 60.225 (1)
16(c), and the official map, if any, of such city or village, that was adopted under s. 62.23
17(6)
, or of any town that was adopted under s. 62.23 (6) as described under s. 60.225
18(1) (c) in the county, without change
.
SB165, s. 6
19Section
6. 59.69 (3) (e) of the statutes is amended to read:
SB165,4,2420
59.69
(3) (e) A master plan adopted under s. 62.23 (2) and (3) and an official
21map that is established under s. 62.23 (6) shall control in unincorporated territory
22in a county affected thereby,
other than in areas within a charter town under s.
2360.225, or areas within a town to which s. 60.225 (4) applies, whether or not such
24action occurs before the adoption of a development plan.
SB165, s. 7
25Section
7. 60.10 (1) (h) of the statutes is created to read:
SB165,5,2
160.10
(1) (h)
Approval of resolutions. Approve a resolution adopted by the town
2board under s. 60.225 (1).
SB165, s. 8
3Section
8. 60.225 of the statutes is created to read:
SB165,5,8
460.225 Charter towns. (1) Procedure. If a town board is authorized to
5exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may
6adopt a resolution declaring its town to be a charter town that is subject to this
7section if, on the date of adoption of the resolution, all of the following conditions are
8satisfied:
SB165,5,99
(a) The population of the town is at least 2,500.
SB165,5,1110
(b) The town board creates and maintains a town plan commission under s.
1162.23.
SB165,5,1312
(c) The town board enacts a comprehensive zoning ordinance under s. 60.61,
1360.62, or 62.23, and establishes an official town map under s. 62.23 (6).
SB165,5,1414
(d) The town board adopts a comprehensive land use plan under s. 66.1001.
SB165,5,1615
(e) The town board enacts a construction site erosion control and storm water
16management zoning ordinance under s. 60.627.
SB165,5,1717
(f) The town board enacts a subdivision ordinance under s. 236.45.
SB165,5,1918
(g) The town board enacts and enforces building code ordinances under s. 60.61
19(1m).
SB165,5,25
20(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
21town board shall call a referendum to ratify the resolution at the next spring primary
22or election or September primary or general election, to be held not sooner than 45
23days after the ratification referendum is called by the town board. The referendum
24question shall be: "Do you approve the town board resolution declaring .... [name of
25town] to be a charter town?"
SB165,6,5
1(b) A resolution adopted by a town board under sub. (1) may not take effect until
2the resolution is approved by the electors in a ratification referendum under par. (a).
3If the resolution is ratified, the town clerk shall certify that fact to the secretary of
4state. The secretary of state shall issue a certificate of charter town status and shall
5record that status in a book kept for that purpose.
SB165,6,196
(c) If a resolution adopted by a town board under sub. (1) takes effect under par.
7(b), the town board may adopt a resolution, not sooner than 4 years after the effective
8date of the resolution declaring the town to be a charter town, that revokes the town's
9charter town status. The revocation resolution may not take effect until the
10resolution is approved by the electors in a ratification referendum called by the town
11board for that purpose. The referendum shall comply with the requirements for a
12ratification referendum that is held under par. (a), except that the referendum
13question shall be: "Do you approve the town board resolution that revokes the status
14of .... [name of town] as a charter town?" If the referendum revoking charter town
15status is approved, county zoning ordinances that did not apply to the town because
16of its former charter town status apply to the town on the effective date of the
17revocation resolution. If a county ordinance conflicts with an ordinance enacted by
18the former charter town board, the county ordinance shall take precedence over the
19former charter town ordinance on the effective date of the revocation resolution.
SB165,6,24
20(3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no
21town may be subject to any county zoning ordinance that is enacted by a county board
22after a town board adopts a resolution under sub. (1) unless the town board approves
23the ordinance or until the resolution adopted by the town board under sub. (1) is
24defeated in a ratification vote by the referendum under sub. (2).
SB165,7,7
12. If a town board adopts a resolution under sub. (1) and the resolution is
2ratified under sub. (2), a town board may adopt a resolution revoking its approval of
3any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
4if the town board notifies the county board in writing at least 60 days before the
5resolution revoking approval of a county zoning ordinance takes effect. On the
6effective date of the resolution revoking town approval of a county zoning ordinance,
7the town board may act under s. 60.61 (2) or 60.62 (1).
SB165,7,128
(b) No town may be subject to the extraterritorial zoning jurisdiction or
9extraterritorial plat approval jurisdiction of a city or village during the period
10beginning after a town board adopts a resolution under sub. (1) and before a
11ratification vote under sub. (2) or at any time after the electors of the town approve
12the resolution under sub. (2).
SB165,7,18
13(4) Protected status. If all of the following apply, no town territory may be
14acquired by a city or village by any of the methods described under sub. (5) during
15the period beginning after a town board adopts a resolution under sub. (1) and before
16a ratification vote under sub. (2) or at any time after the electors of the town approve
17such a resolution under sub. (2), unless the town board approves the proposed
18acquisition:
SB165,7,2019
(a) The equalized value of the town exceeds $100,000,000, according to the most
20recent assessment.
SB165,7,2221
(b) At least 10 percent of the town residents receive either water supply or
22sewage disposal services, or both, from one of the following:
SB165,7,2323
1. A town sanitary district created by the town under subch. IX.
SB165,7,2424
2. A town utility district created under s. 66.0827.
SB165,8,2
13. A metropolitan sewerage district created under ss. 200.01 to 200.15 or under
2ss. 200.21 to 200.65.
SB165,8,33
4. A public utility, as defined in s. 196.01 (5).
SB165,8,44
5. A town sanitary district created by another town under subch. IX.
SB165,8,55
6. A city or village.
SB165,8,86
(c) The town provides law enforcement services, 24 hours a day, by establishing
7a town police department or by creating a joint police department with another city,
8village, or town under s. 60.56.
SB165,8,11
9(5) Limits on land acquisition. If the conditions described under sub. (4) apply,
10the following city or village methods of acquiring territory in a town are limited as
11provided under sub. (4):
SB165,8,1212
(a) Annexation under s. 66.0217, 66.0219, or 66.0223.
SB165,8,1413
(b) Acquisition of real or personal property for park-related purposes as
14described in s. 27.08 (2) (b) or (c).
SB165,8,1515
(c) Acquisition of land for community forest purposes under s. 28.20.
SB165,8,1716
(d) Acquisition of real or personal property for any of the purposes described
17under s. 61.34 (3).
SB165,8,1918
(e) Acquisition of real or personal property for any of the purposes described
19under s. 62.22 (1) or (1e).
SB165, s. 9
20Section
9. 60.23 (32) of the statutes is created to read:
SB165,8,2521
60.23
(32) Town tax increment powers. (a) Subject to par. (b), if the town is
22a charter town under s. 60.225, exercise all powers of cities under s. 66.1105. If the
23town board exercises the powers of a city under s. 66.1105, it is subject to the same
24duties as a common council under s. 66.1105 and the town is subject to the same
25duties and liabilities as a city under s. 66.1105.
SB165,9,2
1(b) If a town creates a tax incremental district under s. 60.85, the town may not
2take any action with regard to that district except by acting under s. 60.85.
SB165, s. 10
3Section
10. 60.61 (2) (intro.) of the statutes is amended to read:
SB165,9,74
60.61
(2) Extent of authority. (intro.)
Subject If a town board revokes its
5approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs.
6(3) and (3m), if a town is located in a county which has not enacted a county zoning
7ordinance under s. 59.69, the town board, by ordinance, may:
SB165, s. 11
8Section
11. 60.61 (3) (intro.) of the statutes is amended to read: