LRBs0157/1
MES:wlj:pg
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 79
November 2, 2007 - Offered by Representative Kerkman.
AB79-ASA1,1,6
1An Act to amend 59.69 (3) (a), 59.69 (3) (b), 59.69 (3) (e), 60.61 (2) (intro.), 60.61
2(3) (intro.), 60.62 (2), 60.62 (3), 62.23 (7a) (a), 66.0105, 70.99 (8) and 236.02 (5);
3and
to create 60.10 (1) (h), 60.225 and 60.23 (33) of the statutes;
relating to:
4the powers of certain towns, authorizing the creation of charter towns by
5certain town boards, and expanding the authority of charter towns to create tax
6incremental 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, tourism 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. Current law also authorizes towns that
enter into a cooperative boundary agreement with a city or village that will annex
all or part of the town to create a TIF district.
This substitute amendment 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
substitute amendment allows the town board of a charter town to create a TIF
district to the same extent as a city or village; it allows a charter town board to revoke
its approval of certain county zoning ordinances and exercise certain zoning powers;
and it exempts the town from being subject to certain city and village extraterritorial
zoning powers. The substitute amendment does not allow charter towns to annex
territory or to engage in extraterritorial zoning or plat approval. Under the
substitute amendment, counties must recognize a charter town's official map in the
same way that it recognizes city and village official maps.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB79-ASA1, s. 1
1Section
1. 59.69 (3) (a) of the statutes is amended to read:
AB79-ASA1,3,42
59.69
(3) (a) The county zoning agency may direct the preparation of a county
3development plan or parts of the plan for the physical development of the
4unincorporated territory within the county
; areas within a charter town under s.
560.225 whose governing bodies by resolution agree to having their areas included in
6the county's development plan; and areas within incorporated jurisdictions whose
7governing bodies by resolution agree to having their areas included in the county's
8development plan. The plan may be adopted in whole or in part and may be amended
9by the board and endorsed by the governing bodies of incorporated jurisdictions
10included in the plan. The county development plan, in whole or in part, in its original
1form or as amended, is hereafter referred to as the development plan. Beginning on
2January 1, 2010, if the county engages in any program or action described in s.
366.1001 (3), the development plan shall contain at least all of the elements specified
4in s. 66.1001 (2).
AB79-ASA1, s. 2
5Section
2. 59.69 (3) (b) of the statutes is amended to read:
AB79-ASA1,3,116
59.69
(3) (b) The development plan shall include the master plan, if any, of any
7city or village, that was adopted under s. 62.23 (2) or (3)
, or of any town that was
8adopted under s. 60.62 (1) or (4) or 62.23 (2) or (3), as described under s. 60.225 (1)
9(c), and the official map, if any, of such city or village, that was adopted under s. 62.23
10(6)
, or of any town that was adopted under s. 62.23 (6), as described under s. 60.225
11(1) (c), in the county, without change
.
AB79-ASA1, s. 3
12Section
3. 59.69 (3) (e) of the statutes is amended to read:
AB79-ASA1,3,1613
59.69
(3) (e) A master plan adopted under s. 62.23 (2) and (3) and an official
14map that is established under s. 62.23 (6) shall control in unincorporated territory
15in a county affected thereby,
other than in areas within a charter town under s.
1660.225, whether or not such action occurs before the adoption of a development plan.
AB79-ASA1, s. 4
17Section
4. 60.10 (1) (h) of the statutes is created to read:
AB79-ASA1,3,1918
60.10
(1) (h)
Approval of resolutions. Approve a resolution adopted by the town
19board under s. 60.225 (1).
AB79-ASA1,3,25
2160.225 Charter towns. (1) Procedure. If a town board is authorized to
22exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may
23adopt a resolution declaring its town to be a charter town that is subject to this
24section if, on the date of adoption of the resolution, all of the following conditions are
25satisfied:
AB79-ASA1,4,1
1(a) The population of the town is at least 2,500.
AB79-ASA1,4,32
(b) The town board creates and maintains a town plan commission under s.
362.23.
AB79-ASA1,4,54
(c) The town board enacts a comprehensive zoning ordinance under s. 60.61,
560.62, or 62.23, and establishes an official town map under s. 62.23 (6).
AB79-ASA1,4,66
(d) The town board adopts a comprehensive land use plan under s. 66.1001.
AB79-ASA1,4,87
(e) The town board enacts a construction site erosion control and storm water
8management zoning ordinance under s. 60.627.
AB79-ASA1,4,99
(f) The town board enacts a subdivision ordinance under s. 236.45.
AB79-ASA1,4,1110
(g) The town board enacts and enforces building code ordinances under s. 60.61
11(1m).
AB79-ASA1,4,17
12(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
13town board shall call a referendum to ratify the resolution at the next spring primary
14or election or September primary or general election, to be held not sooner than 45
15days after the ratification referendum is called by the town board. The referendum
16question shall be: "Do you approve the town board resolution declaring .... [name of
17town] to be a charter town?"
AB79-ASA1,4,2218
(b) A resolution adopted by a town board under sub. (1) may not take effect until
19the resolution is approved by the electors in a ratification referendum under par. (a).
20If the resolution is ratified, the town clerk shall certify that fact to the secretary of
21state. The secretary of state shall issue a certificate of charter town status and shall
22record that status in a book kept for that purpose.
AB79-ASA1,5,1123
(c) If a resolution adopted by a town board under sub. (1) takes effect under par.
24(b), the town board may adopt a resolution, not sooner than 4 years after the effective
25date of the resolution declaring the town to be a charter town, that revokes the town's
1charter town status. The revocation resolution may not take effect until the
2resolution is approved by the electors in a ratification referendum called by the town
3board for that purpose. The referendum shall comply with the requirements for a
4ratification referendum that is held under par. (a), except that the referendum
5question shall be: "Do you approve the town board resolution that revokes the status
6of .... [name of town] as a charter town?" If the referendum revoking charter town
7status is approved, county zoning ordinances that did not apply to the town because
8of its former charter town status apply to the town on the effective date of the
9revocation resolution. If a county ordinance conflicts with an ordinance enacted by
10the former charter town board, the county ordinance shall take precedence over the
11former charter town ordinance on the effective date of the revocation resolution.
AB79-ASA1,5,16
12(3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no
13town may be subject to any county zoning ordinance that is enacted by a county board
14after a town board adopts a resolution under sub. (1) unless the town board approves
15the ordinance or until the resolution adopted by the town board under sub. (1) is
16defeated in a ratification vote by the referendum under sub. (2).
AB79-ASA1,5,2317
2. If a town board adopts a resolution under sub. (1) and the resolution is
18ratified under sub. (2), a town board may adopt a resolution revoking its approval of
19any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
20if the town board notifies the county board in writing at least 60 days before the
21resolution revoking approval of a county zoning ordinance takes effect. On the
22effective date of the resolution revoking town approval of a county zoning ordinance,
23the town board may act under s. 60.61 (2) or 60.62 (1).
AB79-ASA1,6,324
(b) No town may be subject to the extraterritorial zoning jurisdiction or
25extraterritorial plat approval jurisdiction of a city or village during the period
1beginning after a town board adopts a resolution under sub. (1) and before a
2ratification vote under sub. (2) or at any time after the electors of the town approve
3the resolution under sub. (2).
AB79-ASA1,6,135
60.23
(33) Town tax increment powers. (a) Subject to par. (b), if the town is
6a charter town under s. 60.225, exercise all powers of cities under s. 66.1105. If the
7town board exercises the powers of a city under s. 66.1105, it is subject to the same
8duties as a common council under s. 66.1105 and the town is subject to the same
9duties and liabilities as a city under s. 66.1105. If a charter town that has created
10a tax incremental district as provided in this paragraph revokes its charter town
11status, the town, and the department of revenue, shall continue to administer the
12district, until the district terminates, as if the town had not revoked its charter town
13status.
AB79-ASA1,6,1514
(b) If a town creates a tax incremental district under s. 60.85, the town may not
15take any action with regard to that district except by acting under s. 60.85.
AB79-ASA1,6,1716
(c) If a town creates a tax incremental district under sub. (32), the town may
17not take any action with regard to that district except by acting under sub. (32).
AB79-ASA1, s. 7
18Section
7. 60.61 (2) (intro.) of the statutes is amended to read:
AB79-ASA1,6,2219
60.61
(2) Extent of authority. (intro.)
Subject If a town board revokes its
20approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs.
21(3) and (3m), if a town is located in a county which has not enacted a county zoning
22ordinance under s. 59.69, the town board, by ordinance, may:
AB79-ASA1, s. 8
23Section
8. 60.61 (3) (intro.) of the statutes is amended to read:
AB79-ASA1,7,324
60.61
(3) Exercise of authority. (intro.) Before exercising authority under
25sub. (2), the town board
of a town that is located in a county that has not adopted a
1county zoning ordinance under s. 59.69 shall petition the county board to initiate, at
2any regular or special meeting, action to enact a county zoning ordinance under s.
359.69. The town board may proceed under sub. (2) if:
AB79-ASA1,7,115
60.62
(2) If the county in which the town is located has enacted a zoning
6ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
7approval by the town meeting or by a referendum vote of the electors of the town held
8at the time of any regular or special election
, except that this subsection does not
9apply if a town board revokes its approval of a county zoning ordinance under s.
1060.225 (3) (a) 2. The question for the referendum vote shall be filed as provided in
11s. 8.37.
AB79-ASA1,7,1613
60.62
(3) In counties having a county zoning ordinance, no zoning ordinance
14or amendment of a zoning ordinance may be adopted under this section unless
15approved by the county board
, except that this subsection does not apply if a town
16board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.