Amendment ASA1-AB770

AB770-ASA1,24 Section 24. 66.10015 (5) of the statutes is created to read:

AB770-ASA1,12,23 66.10015 (5) Expiration dates. A political subdivision may not establish an expiration date for an approval related to a planned development district of less than 5 years after the date of the last approval required for completion of the project. This section does not prohibit a political subdivision from establishing timelines for completion of work related to an approval.

AB770-ASA1,25 Section 25 . 66.10015 (6) of the statutes is created to read:

AB770-ASA1,13,8 66.10015 (6) Zoning limitations, inspections. (a) If a political subdivision or a utility district requires the installation of a water meter station for a political subdivision, neither the political subdivision nor the utility district may require a developer to install a water meter that is larger than a utility-type box, and may not require a developer to include heating, air conditioning, or a restroom in the water meter station. Any requirements for such a project that go beyond the limitations specified in this paragraph must be funded entirely by the political subdivision or utility district.

AB770-ASA1,13,13 (b) 1. If a political subdivision employs a building inspector to enforce its zoning ordinance or other ordinances related to building, and a developer requests the building inspector to perform an inspection that is part of the inspector's duties, the inspector shall complete the inspection not later than 14 business days after the building inspector receives the request for an inspection.

AB770-ASA1,13,17 2. If a building inspector does not complete a requested inspection as required under subd. 1., the developer may request a state building inspector to provide the requested inspection, provided that the state inspector has a comparable level of zoning and building inspection qualification as the local building inspector.

AB770-ASA1,13,23 3. If a developer provides a political subdivision with a certificate of inspection from a state building inspector from an inspection described under subd. 2., which meets the requirements of the inspection that was supposed to be provided by the local building inspector, the political subdivision must accept the certificate provided by the state building inspector as if it had been provided by the political subdivision's building inspector.

AB770-ASA1,26 Section 26 . 66.1009 (1) of the statutes is amended to read:

AB770-ASA1,14,3 66.1009 (1) The area which will be subject to ss. 59.69 (4g) and (5) (e) 2. and 5m., 60.61 (2) (e) and (4) (c) 1. and 3. and 62.23 (7) (d) 2. and 2m. b. respectively, except that no part of the area may be more than 3 miles from the boundaries of the airport.

AB770-ASA1,27 Section 27 . 66.1015 (title) of the statutes is amended to read:

AB770-ASA1,14,5 66.1015 (title) Municipal rent control , inclusionary zoning, prohibited.

AB770-ASA1,28 Section 28 . 66.1015 (3) of the statutes is created to read:

AB770-ASA1,14,7 66.1015 (3) Inclusionary zoning prohibited. (a) In this subsection:

AB770-ASA1,14,12 1. “Inclusionary zoning” means a zoning ordinance, as defined in s. 66.10015 (1) (e), regulation, or policy that prescribes that a certain number or percentage of new or existing residential dwelling units in a land development be made available for rent or sale to an individual or family with a family income at or below a certain percentage of the median income.

AB770-ASA1,14,13 2. “Median income” has the meaning given in s. 234.49 (1) (g).

AB770-ASA1,14,15 (b) No city, village, town, or county may enact, impose, or enforce an inclusionary zoning requirement.

AB770-ASA1,29 Section 29. 66.1102 (title) of the statutes is amended to read:

AB770-ASA1,14,18 66.1102 (title) Land development; notification; records requests; construction site development.

AB770-ASA1,30 Section 30. 66.1102 (1) (a) of the statutes is renumbered 66.1102 (1) (bm).

AB770-ASA1,31 Section 31. 66.1102 (1) (ae) of the statutes is created to read:

AB770-ASA1,14,22 66.1102 (1) (ae) “Construction site” means the site of the construction, alteration, painting, or repair of a building, structure, or other work.

AB770-ASA1,32 Section 32. 66.1102 (1) (b) of the statutes is renumbered 66.1102 (1) (bs).

AB770-ASA1,33 Section 33. 66.1102 (5) of the statutes is created to read:

AB770-ASA1,15,5 66.1102 (5) Construction site fences. (a) Except for an ordinance that is related to health or safety concerns, no political subdivision may enact an ordinance or adopt a resolution that limits the ability of any person who is the owner, or other person in lawful possession or control, of a construction site to install a banner over the entire height and length of a fence surrounding the construction site.

AB770-ASA1,15,9 (b) If a political subdivision has enacted an ordinance or adopted a resolution before the effective date of this paragraph .... [LRB inserts date], that is inconsistent with par. (a), that portion of the ordinance or resolution does not apply and may not be enforced.

AB770-ASA1,34 Section 34 . 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n) (intro.) and amended to read:

AB770-ASA1,15,17 66.1105 (2) (n) (intro.) “Affordable Workforce housing" means housing that costs a household no more than 30 percent of the household's gross monthly income. to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5 year average median income and housing costs as calculated by the U.S. bureau of census in its American community survey:

AB770-ASA1,35 Section 35 . 66.1105 (2) (f) 3. (intro.) of the statutes is amended to read:

AB770-ASA1,15,24 66.1105 (2) (f) 3. (intro.) Notwithstanding subd. 1., project costs may include any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city for newly platted residential development only for any tax incremental district for which a project plan is approved before September 30, 1995, for any workforce housing development, or for a mixed-use development tax incremental district to which one of the following applies:

AB770-ASA1,36 Section 36 . 66.1105 (2) (n) 1. of the statutes is created to read:

AB770-ASA1,16,2 66.1105 (2) (n) 1. The housing costs a household no more than 30 percent of the household's gross monthly income.

AB770-ASA1,37 Section 37 . 66.1105 (2) (n) 2. of the statutes is created to read:

AB770-ASA1,16,6 66.1105 (2) (n) 2. With regard to a workforce housing development district, the construction cost per housing unit, including rental housing, is no more than 80 percent of the median price for new residential construction in the county.

AB770-ASA1,38 Section 38 . 66.1105 (2) (o) of the statutes is created to read:

AB770-ASA1,16,10 66.1105 (2) (o) “Workforce housing development” means development that contains only newly platted single-family dwelling units, and 100 percent of the residential development must be workforce housing.

AB770-ASA1,39 Section 39 . 66.1105 (4) (c) of the statutes is amended to read:

AB770-ASA1,16,19 66.1105 (4) (c) Identification of the specific property to be included under par. (gm) 4. as blighted, in need of workforce housing, or in need of rehabilitation or conservation work. Owners of the property identified shall be notified of the proposed finding and the date of the hearing to be held under par. (e) at least 15 days prior to the date of the hearing. In cities with a redevelopment authority under s. 66.1333, the notification required under this paragraph may be provided with the notice required under s. 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days prior to the date of the hearing to be held under par. (e).

AB770-ASA1,40 Section 40 . 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

AB770-ASA1,16,25 66.1105 (4) (gm) 4. a. Not Except as provided in subd. 4. am., not less than 50 percent, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

AB770-ASA1,41 Section 41. 66.1105 (4) (gm) 4. am. of the statutes is created to read:

AB770-ASA1,17,4 66.1105 (4) (gm) 4. am. If the district is a workforce housing development district, 100 percent, by area, of the real property within the district is suitable for a workforce housing development district and will be used for workforce housing.

AB770-ASA1,42 Section 42 . 66.1105 (4) (gm) 4. bm. of the statutes, as affected by 2017 Wisconsin Act 15, is amended to read:

AB770-ASA1,17,11 66.1105 (4) (gm) 4. bm. The project costs relate directly to eliminating blight, directly serve to rehabilitate or conserve the area, directly increase workforce housing, or directly serve to promote industrial or mixed-use development, consistent with the purpose for which the tax incremental district is created under subd. 4. a. or am.; and

AB770-ASA1,43 Section 43 . 66.1105 (4) (gm) 6. of the statutes is amended to read:

AB770-ASA1,17,20 66.1105 (4) (gm) 6. Declares that the district is a blighted area district, a rehabilitation or conservation district, an industrial district, a workforce housing development district, or a mixed-use district based on the identification and classification of the property included within the district under par. (c) and subd. 4. a. or am. If the district is not exclusively blighted, rehabilitation or conservation, industrial, workforce housing, or mixed use, the declaration under this subdivision shall be based on which classification is predominant with regard to the area described in subd. 4. a.

AB770-ASA1,44 Section 44 . 66.1105 (4m) (b) 2. of the statutes is amended to read:

AB770-ASA1,18,13 66.1105 (4m) (b) 2. No tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5) (h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a majority vote within 45 days after receiving the resolution , except that with regard to a workforce housing development district, the board must approve the resolution adopted under sub. (4) (gm) or (h) 1. by a three-fourths vote. With regard to a multijurisdictional tax incremental district created under this section, each public member of a participating city must be part of the majority that votes for approval of the resolution or the district may not be created. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under sub. (17) (a), such a district would be the only existing district created under that subsection by that city.

AB770-ASA1,45 Section 45 . 66.1105 (6) (a) 8. of the statutes is amended to read:

AB770-ASA1,18,25 66.1105 (6) (a) 8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7. or 14. If the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB770-ASA1,46 Section 46. 66.1105 (6) (a) 14. of the statutes is created to read:

AB770-ASA1,19,3 66.1105 (6) (a) 14. Fifteen years after the tax incremental district is created if the district is a workforce housing development district.

AB770-ASA1,47 Section 47 . 66.1105 (6) (g) 3. of the statutes is amended to read:

AB770-ASA1,19,8 66.1105 (6) (g) 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable workforce housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.

AB770-ASA1,48 Section 48 . 66.1105 (7) (ak) 5. of the statutes is created to read:

AB770-ASA1,19,11 66.1105 (7) (ak) 5. For a workforce housing development district, 15 years after the district is created.

AB770-ASA1,49 Section 49. 66.1108 of the statutes is created to read:

AB770-ASA1,19,13 66.1108 Limitation on weekend work. (1) Definitions. In this section:

AB770-ASA1,19,18 (a) “Construction project” means a project involving the erection, construction, repair, remodeling, or demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure that is directly related to onsite work of a residential or commercial real estate development project.

AB770-ASA1,19,19 (b) “Political subdivision” means a city, village, town, or county.

AB770-ASA1,19,25 (2) Construction projects; weekend work. (a) A political subdivision may not prohibit a private person from working on the job site of a construction project on a Saturday or Sunday. A political subdivision may not impose conditions that apply to a private person who works on a construction project on a Saturday or Sunday that are inapplicable to, or more restrictive than the conditions that apply to, such a person who works on a construction project during weekdays.

AB770-ASA1,20,4 (b) If a political subdivision has enacted an ordinance or adopted a resolution before the effective date of this paragraph .... [LRB inserts date], that is inconsistent with par. (a), that portion of the ordinance or resolution does not apply and may not be enforced.

AB770-ASA1,50 Section 50 . 101.65 (1) (a) of the statutes is amended to read:

AB770-ASA1,20,11 101.65 (1) (a) Exercise Subject to sub. (1c), exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances , provided such ordinances meet the requirements of the one- and 2-family dwelling code adopted in accordance with this subchapter. Except as provided by s. 101.651, a county ordinance shall apply in any city, village, or town which that has not enacted such ordinance those ordinances.

AB770-ASA1,51 Section 51 . 101.65 (1c) of the statutes is created to read:

AB770-ASA1,20,21 101.65 (1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable.

AB770-ASA1,52 Section 52 . 236.13 (2) (a) 1. of the statutes is renumbered 236.13 (2) (am) 1. a. and amended to read:

AB770-ASA1,21,9 236.13 (2) (am) 1. a. As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider provide security to ensure that he or she the subdivider will make those improvements within a reasonable time. The governing body may not require the subdivider to provide security at the commencement of a project in an amount that is more than 120 percent of the estimated total cost to complete the required public improvements. It is the subdivider's option whether to execute a performance bond or whether to provide a letter of credit to satisfy the governing body's requirement that the subdivider provide security to ensure that the public improvements are made within a reasonable time, as determined under subd. 1d.

AB770-ASA1,21,17 b. The subdivider may construct the project in such phases as the governing body of the town or municipality approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of security required by the governing body shall be under subd. 1. a. is limited to the phase of the project that is currently being constructed. The governing body may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.

AB770-ASA1,21,25 c. If the governing body of the town or municipality requires a subdivider to provide security under this paragraph subd. 1. a., the governing body may not require the subdivider to provide the security for more than 14 months after the date the public improvements for which the security is provided are substantially completed and upon substantial completion of the public improvements, the amount of the security the subdivider is required to provide may be no more than an amount equal to the total cost to complete any uncompleted public improvements plus 10 percent of the total cost of the completed public improvements.

AB770-ASA1,22,2 d. This paragraph applies to all preliminary and final plats, regardless of whether submitted for approval before, on, or after August 1, 2014.

AB770-ASA1,53 Section 53 . 236.13 (2) (a) 2. of the statutes is renumbered 236.13 (2) (am) 2. and amended to read:

AB770-ASA1,22,10 236.13 (2) (am) 2. For purposes of subd. 1., public improvements reasonably necessary for a project or a phase of a project are considered to be substantially completed at the time upon the installation of the asphalt or concrete binder coat is installed course on roads to be dedicated or, if the required public improvements do not include a road to be dedicated, at the time that 90 percent of the public improvements by cost are completed.

AB770-ASA1,54 Section 54 . 236.13 (2) (ad) of the statutes is created to read:

AB770-ASA1,22,12 236.13 (2) (ad) In this subsection:

AB770-ASA1,22,14 1. “Binder course” means the non-surface-level course that is attached to the packed-level gravel course.

AB770-ASA1,22,20 2. “Land disturbing activity” means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of this state. “Land disturbing activity” includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling, and grading activities.

AB770-ASA1,22,23 3. “Total cost to complete a public improvement” includes the cost to make and install storm water facilities. “Total cost to complete a public improvement” does not include any of the following:

AB770-ASA1,22,24 a. Any fees charged by the governing body of the town or municipality.

AB770-ASA1,23,2 b. Land disturbing activities that are necessary to achieve the desired subgrade for public improvements.

AB770-ASA1,55 Section 55 . 236.13 (2) (am) 1d. of the statutes is created to read:

AB770-ASA1,23,5 236.13 (2) (am) 1d. The estimated total cost to complete the required public improvements under subd. 1. shall be determined as follows:

AB770-ASA1,23,9 a. A governing body of the town or municipality may provide an initial estimate to the subdivider of the estimated total cost to complete the required public improvements. If the subdivider accepts the initial estimate, then the initial estimate is the estimated total cost to complete the required public improvements.

AB770-ASA1,23,15 b. If the governing body of the town or municipality does not provide an initial estimate to the subdivider or the subdivider rejects the initial estimate, the subdivider shall provide the governing body with a bona fide bid from the subdivider's contractor to complete the required public improvements in the event of a default. If the governing body accepts the subdivider's bona fide bid, the bona fide bid is the estimated total cost to complete the required public improvements.

AB770-ASA1,23,24 c. If the governing body of the town or municipality rejects the subdivider's bona fide bid, the governing body shall provide the subdivider with an estimate for the cost to complete the public improvements in the event of a default. If the governing body's estimate does not exceed the subdivider's bona fide bid by more than 10 percent, the governing body's estimate is the estimated total cost to complete the required public improvements. If the governing body's estimate exceeds the subdivider's bona fide bid by 10 percent or more, the estimated total cost to complete the required public improvements is the amount agreed upon by the subdivider's engineer and the governing body's engineer.

AB770-ASA1,56 Section 56 . 236.13 (2) (am) 1m. of the statutes is created to read:

AB770-ASA1,24,4 236.13 (2) (am) 1m. a. If the governing body of the town or municipality requires a subdivider to provide security under subd. 1. a., the governing body shall accept a performance bond or a letter of credit, or any combination thereof, at the subdivider's option, to satisfy the requirement.

AB770-ASA1,24,10 b. The subdivider and the governing body of the town or municipality may agree that all or part of the requirement to provide security under subd. 1. a. may be satisfied by a performance bond provided by the subdivider's contractor that names the town or municipality as an additional obligee provided that the form of the contractor's performance bond is acceptable to the governing body of the town or municipality.

AB770-ASA1,24,19 c. Unless the governing body of a town or municipality demonstrates that a bond form does not sufficiently ensure performance in the event of default, the governing body of the town or municipality shall accept a performance bond under this subdivision if the person submitting the performance bond demonstrates that the performance bond is consistent with a standard surety bond form used by a company that, on the date the bond is obtained, is listed as an acceptable surety on federal bonds in the most recent circular 570 published by the federal department of the treasury, as required under 31 CFR 223.16, and the performance bond is issued by a surety company licensed to do business in this state.

AB770-ASA1,57 Section 57 . 236.13 (2) (am) 3. of the statutes is created to read: