4. Address the need for safe and affordable housing to meet the needs of diverse
social and income groups in each municipality that is participating in the preparation of
the plan.
5. Include a statement of why the cooperative plan meets the approval criterion
under sub. (5) (c) 5m.
SB134, s. 28
2Section
28. 66.0307 (4) (b) of the statutes is amended to read:
SB134,18,83
66.0307
(4) (b)
Public hearing. At least
120 60 days after adoption under par.
4(a) of the last resolution by a participating municipality and at least 60 days before
5submitting a cooperative plan to the department for review and approval under sub.
6(5), the participating municipalities shall hold a joint hearing on the proposed plan.
7Notice of the hearing shall be given by each participating municipality by class 3
8notice under ch. 985.
Note: Reduces from 120 to 60 the minimum number of days that must pass, after
the last adoption by a participating municipality of its resolution authorizing
participation in the cooperative plan preparation, before the municipalities may hold the
required public hearing on the proposed plan.
SB134, s. 29
9Section
29
. 66.0307 (4m) of the statutes is created to read:
SB134,19,210
66.0307
(4m) Mediated agreement procedure. (a) 1. As an alternative to the
11parties mutually invoking the procedure under this section, a city, village, or town
1may petition the department for mediation of a cooperative plan under this
2paragraph.
SB134,19,33
2. A city or village may petition for mediation if all of the following apply:
SB134,19,74
a. The city or village adopts an authorizing resolution under sub. (4) (a) (intro.)
5and requests in writing an adjacent town to adopt an authorizing resolution under
6sub. (4) (a) (intro.) and the town fails to adopt the resolution within 60 days after the
7request is received by the town.
SB134,19,88
b. The city or village has adopted a comprehensive plan.
SB134,19,99
3. A town may petition for mediation if all of the following apply:
SB134,19,1310
a. The town adopts an authorizing resolution under sub. (4) (a) (intro.) and
11requests in writing an adjacent city or village to adopt an authorizing resolution
12under sub. (4) (a) (intro.) and the city or village fails to adopt the resolution within
1360 days after the request is received by the city or village.
SB134,19,1414
b. The town has adopted a comprehensive plan.
SB134,20,515
(b) A municipality that is authorized under par. (a) to petition the department
16for mediation and elects to do so shall submit the petition within 90 days after the
17municipality has adopted the authorizing resolution described in par. (a) 2. a. or 3.
18a. Upon receipt of a petition for mediation, the department shall notify the
19nonpetitioning adjacent municipality identified in the petition that the petition has
20been submitted. Within 45 days after receipt of notice from the department that a
21petition has been submitted, the nonpetitioning municipality shall notify the
22department whether it agrees to engage in mediation to develop a cooperative plan
23under this section. Failure of the nonpetitioning municipality to timely notify the
24department is considered notice that the municipality does not agree to engage in
25mediation. The department shall send written notice of the nonpetitioning
1municipality's decision, on whether it will participate, to the petitioning
2municipality. If the nonpetitioning municipality refuses to engage in mediation, the
3petitioning municipality may not submit a petition under this paragraph involving
4the same nonpetitioning municipality for a period of 3 years after the department
5sends notice of the refusal.
SB134,20,86
(c) 1. If a nonpetitioning town refuses under par. (b) to engage in mediation, the
7town may not contest any annexation of its territory to the petitioning city or village
8that is commenced during the shorter of the following periods:
SB134,20,109
a. The period of 270 days beginning after the town refuses under par. (b) to
10engage in mediation.
SB134,20,1211
b. The period beginning on the date the town refuses under par. (b) to engage
12in mediation and ending on the date the town agrees to engage in mediation.
SB134,20,1913
2. If a nonpetitioning city or village refuses under par. (b) to engage in
14mediation, an annexation of territory of the petitioning town to the nonpetitioning
15city or village that is commenced during the shorter of the following periods shall be
16reviewed by the department in the manner described under s. 66.0217 (6), regardless
17of the population of the county in which the annexation proceeding is commenced,
18and, notwithstanding s. 66.0217 (11) (c), may be contested by the town if the
19department determines that the annexation is not in the public interest:
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a. The period of 270 days beginning after the city or village refuses under par.
21(b) to engage in mediation.
SB134,20,2322
b. The period on the date the city or village refuses under par. (b) to engage in
23mediation and ending on the date the city or village agrees to engage in mediation.
SB134,21,524
(d) 1. If both the petitioning municipality and nonpetitioning municipality
25agree to engage in mediation to develop a cooperative plan under this section, the
1municipalities shall select a mediator. The department may assist the
2municipalities in selecting a mediator. If the municipalities are unable to agree on
3the selection of a mediator, the department shall furnish a list of 5 mediators to the
4municipalities. The municipalities shall alternatively strike a name from the list
5until one name remains, who shall be the mediator.
SB134,21,106
2. The mediator shall assist the parties through recognized mediation
7techniques to develop and reach agreement on a cooperative plan under this section.
8Unless the participating municipalities agree to extend the mediation period, the
9mediation period expires after 270 days. Unless they agree otherwise, the
10participating municipalities are equally responsible for the costs of the mediation.
SB134,21,1711
(e) Before the participating municipalities engage in mediation under this
12subsection, each shall adopt a resolution under sub. (4) (a) (intro.) and provide the
13required notice of the resolution. Notwithstanding sub. (4) (b), if the participating
14municipalities agree on a cooperative plan under this subsection, a public hearing
15on the plan shall be held under sub. (4) (b) no sooner than 45 days after agreement
16is reached and at least 45 days before submitting the plan to the department for
17review and approval under sub. (5).
SB134,21,2318
(f) If any litigation contesting annexation of territory of the petitioning or
19nonpetitioning town to the city or village is commenced during the 3-year period
20after the department receives the petition for mediation under par. (b), the judge
21shall under s. 802.12 (2), unless the nonpetitioning municipality objects, order the
22parties to select a settlement alternative under s. 802.12 (1) (i) as a means to attempt
23settlement.
Note: Creates a mediated agreement procedure under the boundary
agreement-by-cooperative plan statute that provides a means for one municipality to
bring an adjacent municipality "to the table" in connection with a common boundary and
related issues.
Paragraph (a) states the conditions under which a municipality may petition DOA
for mediation of a cooperative plan: the petitioning municipality 1) must have adopted
a comprehensive plan and a resolution authorizing participation in the preparation of a
cooperative plan and 2) must have requested the adjacent municipality to adopt an
authorizing resolution for a cooperative plan, which request was not honored within 60
days after the request.
Paragraph (b) establishes time periods for petitioning DOA for the mediated
agreement procedure and for the nonpetitioning municipality to respond to the invitation
to mediate. It also provides that if the nonpetitioning municipality refuses to engage in
mediation, the petitioning municipality may not submit another petition for mediation
involving the same municipality for a period of three years after notice of refusal.
Paragraph (c) provides the incentive to agree to engage in mediation.
If a town refuses to engage in mediation, the town may not contest any annexation
of its territory to the petitioning city or village that is commenced during the shorter of
the following periods: 1) the period of 270 days beginning after the town refuses to engage
in mediation; or 2) the period beginning after the town refuses to engage in mediation
until the town agrees to engage in mediation (the latter assumes that the town may agree
to engage in mediation after first refusing).
If a city or village refuses to engage in mediation, an annexation of territory of the
petitioning town to the nonpetitioning city or village may be contested by the town if DOA
determines that the annexation is not in the public interest and if the annexation is
commenced during the shorter of the following periods: 1) the period of 270 days
beginning after the city or village refuses to engage in mediation; or 2) the period
beginning after the city or village refuses to engage in mediation until the city or village
agrees to engage in mediation (the latter assumes that the city or village may agree to
engage in mediation after first refusing).
Paragraph (d) provides for selection of a mediator, states the general role of the
mediator, establishes a mediation period, and apportions the cost of mediation.
Paragraph (e) links the mediated agreement procedure to other provisions in
current s. 66.0307. Subject to the specified differences, a cooperative plan developed
under the new procedure is subject to the content, procedure, approval, and other
requirements under s. 66.0307.
Paragraph (f) provides that, once the mediated agreement procedure is invoked by
a municipality, any contested annexation commenced within the next three years
involving the petitioning and nonpetitioning municipality is subject to a requirement
that the judge, unless the nonpetitioning municipality objects, order the parties to select
a settlement alternative under the current ADR statute. This provision is not intended
to affect the court's discretionary authority under s. 802.12, notwithstanding the
objection of the nonpetitioning (or petitioning) municipality.
SB134, s. 30
1Section
30. 66.0307 (5) (c) 1. of the statutes is amended to read:
SB134,22,32
66.0307
(5) (c) 1. The content of the plan under sub. (3) (c) to (e) is sufficient
3to enable the department to make the determinations under subds. 2. to
5m 5.
SB134, s. 31
4Section
31. 66.0307 (5) (c) 2. of the statutes is amended to read:
SB134,23,3
166.0307
(5) (c) 2. The cooperative plan is consistent with
each participating
2municipality's comprehensive plan and with current state laws, municipal
3regulations
, and administrative rules that apply to the territory affected by the plan.
Note: Revises one of DOA's approval criteria for a cooperative plan to reflect the
new general requirement that the cooperative plan be consistent with each municipality's
comprehensive plan.
SB134, s. 32
4Section
32
. 66.0307 (5) (c) 4. of the statutes is repealed.
Note: Repeals the following DOA approval criterion as unnecessary in light of the
general requirement that the cooperative plan be consistent with each municipality's
comprehensive plan:
66.0307 (5) (c) 4. Any boundary maintained or any boundary change under the
cooperative plan is reasonably compatible with the characteristics of the surrounding
community, taking into consideration present and potential transportation, sewer, water
and storm drainage facilities and other infrastructure, fiscal capacity, previous political
boundaries, boundaries of school districts and shopping and social customs.
SB134, s. 33
5Section
33. 66.0307 (5) (c) 5m. of the statutes is repealed.
Note: Repeals the following approval provision, reflecting the repeal of s. 66.0307
(3) (dm) by Sec. 27 of the bill:
66.0307 (5) (c) 5m. The cooperative plan adequately identifies and addresses the
significant adverse environmental consequences to the natural environment that may be
caused by the proposed physical development of the territory covered by the plan, the
municipalities submitting the plan have adequately identified and considered
alternatives to minimize or avoid the significant adverse environmental consequences,
the proposals in the plan for compliance with federal environmental laws or regulations
and state environmental laws or rules are adequate and the need for safe and affordable
housing for a diversity of social and income groups in each community has been met.
SB134, s. 34
6Section
34. 66.1105 (4) (gm) 1. of the statutes is amended to read:
SB134,25,27
66.1105
(4) (gm) 1. Describes the boundaries, which may, but need not, be the
8same as those recommended by the planning commission, of a tax incremental
9district with sufficient definiteness to identify with ordinary and reasonable
10certainty the territory included in the district. The boundaries of the tax incremental
11district may not include any annexed territory that was not within the boundaries
12of the city on January 1, 2004, unless at least 3 years have elapsed since the territory
13was annexed by the city, unless the city enters into a cooperative plan boundary
14agreement, under s.
66.0301 (6) or 66.0307, with the town from which the territory
1was annexed, or unless the city and town enter into another kind of agreement
2relating to the annexation except that, notwithstanding these conditions, the city
3may include territory that was not within the boundaries of the city on January 1,
42004, if the city pledges to pay the town an amount equal to the property taxes levied
5on the territory by the town at the time of the annexation for each of the next 5 years.
6If, as the result of a pledge by the city to pay the town an amount equal to the property
7taxes levied on the territory by the town at the time of the annexation for each of the
8next 5 years, the city includes territory in a tax incremental district that was not
9within the boundaries of the city on January 1, 2004, the city's pledge is enforceable
10by the town from which the territory was annexed. The boundaries shall include only
11those whole units of property as are assessed for general property tax purposes.
12Property standing vacant for an entire 7-year period immediately preceding
13adoption of the resolution creating a tax incremental district may not comprise more
14than 25 percent of the area in the tax incremental district, unless the tax incremental
15district is suitable under subd. 4. a. for either industrial sites or mixed use
16development and the local legislative body implements an approved project plan to
17promote industrial development within the meaning of s. 66.1101 if the district has
18been designated as suitable for industrial sites, or
mixed-used mixed-use 19development if the district has been designated as suitable for mixed-use
20development. In this subdivision, "vacant property" includes property where the fair
21market value or replacement cost value of structural improvements on the parcel is
22less than the fair market value of the land. In this subdivision, "vacant property"
23does not include property acquired by the local legislative body under ch. 32, property
24included within the abandoned Park East freeway corridor or the abandoned Park
1West freeway corridor in Milwaukee County, or property that is contaminated by
2environmental pollution, as defined in s. 66.1106 (1) (d).
SB134, s. 35
3Section
35. 117.132 (1m) (a) of the statutes is amended to read:
SB134,25,54
117.132
(1m) (a) "Annexed" means annexed or attached under s. 66.0217,
566.0219, 66.0221, 66.0223, 66.0225, 66.0227
, 66.0301 (6), or 66.0307.