Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,528,4 " Section 2003xm. 62.23 (7) (e) 7. of the statutes is amended to read:

SB55-ASA1-AA1,528,23 62.23 (7) (e) 7. The board of appeals shall have the following powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto; to hear and decide special exception to the terms of the ordinance upon which such board is required to pass under such ordinance; to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the ordinance, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare. A property owner may establish "unnecessary hardship", as that term is used in this subdivision, by demonstrating that strict compliance with an area zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome.".

SB55-ASA1-AA1,528,24 878. Page 669, line 18: after that line insert:

SB55-ASA1-AA1,529,1 " Section 2004n. 64.03 (1) of the statutes is amended to read:

SB55-ASA1-AA1,529,7 64.03 (1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15, and every petition for a special election referendum on the same, shall state the number of members of which the council herein provided for shall be composed, the term of office of its members, which term shall not exceed 2 years, whether they shall be nominated and elected from aldermanic districts or from the city at large, and the compensation, if any, which they shall receive.

SB55-ASA1-AA1, s. 2004p Section 2004p. 64.39 (3) of the statutes is amended to read:

SB55-ASA1-AA1,529,14 64.39 (3) Upon filing such petition, the mayor shall, by proclamation, submit the questions prescribed in sub. (1) at a special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held at a time specified therein and within 2 months not sooner than 45 days after such petition is filed. The election upon such question shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law for other city elections.

SB55-ASA1-AA1, s. 2004r Section 2004r. 66.0101 (8) of the statutes is amended to read:

SB55-ASA1-AA1,529,24 66.0101 (8) A charter ordinance enacted or approved by a vote of the electors controls over any prior or subsequent act of the legislative body of the city or village. If the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken on the question, within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special an election as provided in called under s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.".

SB55-ASA1-AA1,530,1 879. Page 678, line 22: after that line insert:

SB55-ASA1-AA1,530,2 " Section 2019e. 66.0217 (7) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,530,22 66.0217 (7) (a) 3. If the notice indicates that the petition is for a referendum on the question of annexation, the clerk of the city or village shall file the notice as provided in s. 8.37. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of s. 8.40 requesting a referendum is filed with the town clerk as provided in s. 8.37, signed by at least 20% of the electors residing in the area proposed to be annexed. If a petition requesting a referendum is filed, the clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the receipt of the petition and shall mail a copy of the notice to the clerk of the city or village to which the annexation is proposed. The referendum shall be held at a convenient place within the town to be specified in the notice.

SB55-ASA1-AA1, s. 2019g Section 2019g. 66.0219 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,531,8 66.0219 (4) (b) The referendum election shall be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the filing of the order as provided in s. 8.37, in the territory proposed for annexation, by the electors of that territory as provided in s. 66.0217 (7), so far as applicable. The ballots shall contain the words "For Annexation" and "Against Annexation". The certification of the election inspectors shall be filed with the clerk of the court, and the clerk of any municipality involved, but need not be filed or recorded with the register of deeds.".

SB55-ASA1-AA1,531,9 880. Page 678, line 22: after that line insert:

SB55-ASA1-AA1,531,10 " Section 2019g. 66.0217 (9) (b) of the statutes is amended to read:

SB55-ASA1-AA1,531,18 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources environmental management, one copy to the department of fish, wildlife, parks, and forestry, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.".

SB55-ASA1-AA1,531,19 881. Page 679, line 21: after that line insert:

SB55-ASA1-AA1,531,21 " Section 2019mb. 66.0221 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,532,19 66.0221 (1) Upon its own motion, a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources environmental management, one copy to the department of fish, wildlife, parks, and forestry, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.".

SB55-ASA1-AA1,532,20 882. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,532,21 " Section 2019p. 66.0223 of the statutes is amended to read:

SB55-ASA1-AA1,533,16 66.0223 Annexation of territory owned by a city or village. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources environmental management, one copy to the department of fish, wildlife, parks, and forestry, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Section 66.0217 (11) applies to annexations under this section.

SB55-ASA1-AA1, s. 2019r Section 2019r. 66.0235 (5) of the statutes is amended to read:

SB55-ASA1-AA1,534,22 66.0235 (5) Apportionment board. The boards or councils of the local governmental units, or committees selected for that purpose, acting together, constitute an apportionment board. When a local governmental unit is dissolved because all of its territory is transferred the board or council of the local governmental unit existing at the time of dissolution shall, for the purpose of this section, continue to exist as the governing body of the local governmental unit until there has been an apportionment of assets by agreement of the interested local governmental units or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested local governmental units, or an order of the circuit court becomes final, a copy of the apportionment agreement, or of the order, certified to by the clerks of the interested local governmental units, shall be filed with the department of revenue, the department of natural resources environmental management, the department of fish, wildlife, parks, and forestry, the department of transportation, the state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any local governmental unit, or with any other entity from which payment would have become due if the dissolved local governmental unit had continued in existence. Subject to ss. 79.006 and 86.303 (4), payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a local governmental unit, or from any other entity from which payments would have become due if the dissolved local governmental unit had continued in existence, shall be paid to the interested local governmental unit as provided by the agreement for apportionment of assets or by any order of apportionment by the circuit court and the payments have the same force and effect as if made to the dissolved local governmental unit.

SB55-ASA1-AA1, s. 2019t Section 2019t. 66.0307 (4) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,535,2 66.0307 (4) (a) 1. The department, the department of natural resources environmental management, the department of fish, wildlife, parks, and forestry, the department of agriculture, trade and consumer protection and the department of transportation.

SB55-ASA1-AA1, s. 2020k Section 2020k. 66.0407 (5) of the statutes is amended to read:

SB55-ASA1-AA1,535,8 66.0407 (5) This section does not apply to Canada thistle or annual noxious weeds that are located on land that the department of natural resources fish, wildlife, parks, and forestry owns, occupies or controls and that is maintained in whole or in part as habitat for wild birds by the department of natural resources fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,535,9 883. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,535,10 " Section 2020m. 66.0609 (3) of the statutes is amended to read:

SB55-ASA1-AA1,535,14 66.0609 (3) The ordinance under sub. (1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed or certified under ch. 442 and designated by the governing body.".

SB55-ASA1-AA1,535,15 884. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,535,16 " Section 2023j. 66.0617 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,536,2 66.0617 (1) (a) "Capital costs" means the capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the political subdivision municipality can demonstrate that its legal, engineering, and design costs which that relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand , or improve public facilities or the costs of equipment to construct, expand, or improve public facilities.

SB55-ASA1-AA1, s. 2023jb Section 2023jb. 66.0617 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,536,6 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a political subdivision municipality under this section.

SB55-ASA1-AA1, s. 2023jc Section 2023jc. 66.0617 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,536,12 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision municipality or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision municipality.

SB55-ASA1-AA1, s. 2023jd Section 2023jd. 66.0617 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,536,15 66.0617 (1) (e) "Political subdivision Municipality" means a city, village, or town or county.

SB55-ASA1-AA1, s. 2023je Section 2023je. 66.0617 (1) (f) of the statutes is amended to read:

SB55-ASA1-AA1,536,25 66.0617 (1) (f) "Public facilities" means highways, as defined in s. 340.01 (22), and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing, and distributing water, parks, playgrounds and other recreational facilities, solid waste and recycling facilities, lands for parks, fire protection facilities, law enforcement facilities, and emergency medical facilities and libraries except that, with regard to counties, "public facilities" does not include highways, as defined in s. 340.01 (22), other transportation facilities or traffic control devices. "Public facilities" does not include facilities owned by a school district.

SB55-ASA1-AA1, s. 2023jg Section 2023jg. 66.0617 (1) (g) of the statutes is amended to read:

SB55-ASA1-AA1,537,3 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision municipality within which there are public facilities.

SB55-ASA1-AA1, s. 2023jh Section 2023jh. 66.0617 (1) (h) of the statutes is amended to read:

SB55-ASA1-AA1,537,7 66.0617 (1) (h) "Service standard" means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land , or other appropriate measure, as specified by the political subdivision municipality.

SB55-ASA1-AA1, s. 2023ji Section 2023ji. 66.0617 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,537,11 66.0617 (2) (a) Subject to par. (am), a political subdivision A municipality may enact an ordinance under this section that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

SB55-ASA1-AA1, s. 2023jj Section 2023jj. 66.0617 (2) (am) of the statutes is repealed.

SB55-ASA1-AA1, s. 2023jk Section 2023jk. 66.0617 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,537,19 66.0617 (2) (b) Subject to par. (c), this section does not prohibit or limit the authority of a political subdivision municipality to finance public facilities by any other means authorized by law, except that the amount of an impact fee imposed by a political subdivision municipality shall be reduced, under sub. (6) (d), to compensate for any other costs of public facilities imposed by the political subdivision municipality on developers to provide or pay for capital costs.

SB55-ASA1-AA1, s. 2023jL Section 2023jL. 66.0617 (2) (c) of the statutes is amended to read:

SB55-ASA1-AA1,537,22 66.0617 (2) (c) Beginning on May 1, 1995, a political subdivision municipality may impose and collect impact fees only under this section.

SB55-ASA1-AA1, s. 2023jm Section 2023jm. 66.0617 (3) of the statutes is amended to read:

SB55-ASA1-AA1,538,4 66.0617 (3) Public hearing; notice. Before enacting an ordinance that imposes impact fees, or amending an existing ordinance that imposes impact fees, a political subdivision municipality shall hold a public hearing on the proposed ordinance or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or amendment and the public facilities needs assessment may be obtained.

SB55-ASA1-AA1, s. 2023jn Section 2023jn. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,538,11 66.0617 (4) (a) (intro.) Before enacting an ordinance that imposes impact fees or amending an ordinance that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a political subdivision municipality shall prepare a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. The public facilities needs assessment shall include, but not be limited to, the following:

SB55-ASA1-AA1, s. 2023jo Section 2023jo. 66.0617 (4) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,538,17 66.0617 (4) (a) 3. A detailed estimate of the capital costs of providing the new public facilities or the improvements or expansions in existing public facilities identified in subd. 2., including an estimate of the effect of recovering these capital costs through impact fees on the availability of affordable housing within the political subdivision municipality.

SB55-ASA1-AA1, s. 2023jp Section 2023jp. 66.0617 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,538,22 66.0617 (4) (b) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the clerk of the political subdivision municipality at least 20 days before the hearing under sub. (3).

SB55-ASA1-AA1, s. 2023jq Section 2023jq. 66.0617 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA1,539,6 66.0617 (5) (b) An ordinance enacted under this section may delineate geographically defined zones within the political subdivision municipality and may impose impact fees on land development in a zone that differ from impact fees imposed on land development in other zones within the political subdivision municipality. The public facilities needs assessment that is required under sub. (4) shall explicitly identify the differences, such as land development or the need for those public facilities, which justify the differences between zones in the amount of impact fees imposed.

SB55-ASA1-AA1, s. 2023jr Section 2023jr. 66.0617 (6) (b) of the statutes is amended to read:

SB55-ASA1-AA1,539,10 66.0617 (6) (b) May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the political subdivision municipality.

SB55-ASA1-AA1, s. 2023js Section 2023js. 66.0617 (6) (d) of the statutes is amended to read:

SB55-ASA1-AA1,539,16 66.0617 (6) (d) Shall be reduced to compensate for other capital costs imposed by the political subdivision municipality with respect to land development to provide or pay for public facilities, including special assessments, special charges, land dedications, or fees in lieu of land dedications under ch. 236 or any other items of value.

SB55-ASA1-AA1, s. 2023jt Section 2023jt. 66.0617 (6) (g) of the statutes is amended to read:

SB55-ASA1-AA1,539,23 66.0617 (6) (g) Shall be payable by the developer to the political subdivision municipality, either in full or in instalment installment payments that are approved by the political subdivision, before municipality, and may not be due on a date that is earlier than the date on which a building permit may be for the construction of a dwelling or other structure within the land development is issued or other required approval may be given by the political subdivision.

SB55-ASA1-AA1, s. 2023ju Section 2023ju. 66.0617 (7) of the statutes is amended to read:

SB55-ASA1-AA1,540,6 66.0617 (7) Low-cost housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing, except that no amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing is located or to any other land development in the political subdivision municipality.

SB55-ASA1-AA1, s. 2023jv Section 2023jv. 66.0617 (8) of the statutes is amended to read:

SB55-ASA1-AA1,540,12 66.0617 (8) Requirements for impact fee revenues. Revenues from impact fees shall be placed in a segregated, interest-bearing account and shall be accounted for separately from the other funds of the political subdivision municipality. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.

SB55-ASA1-AA1, s. 2023jw Section 2023jw. 66.0617 (9) of the statutes is amended to read:

SB55-ASA1-AA1,540,24 66.0617 (9) Refund of impact fees. An ordinance enacted under this section shall specify that impact fees that are imposed and collected by a political subdivision municipality but are not used within a reasonable period of time after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed. The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection. In determining the length of the time periods under the ordinance, a political subdivision municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

SB55-ASA1-AA1, s. 2023jx Section 2023jx. 66.0617 (10) of the statutes is amended to read:

SB55-ASA1-AA1,541,5 66.0617 (10) Appeal. A political subdivision municipality that enacts an impact fee ordinance under this section shall, by ordinance, specify a procedure under which a developer upon whom an impact fee is imposed has the right to contest the amount, collection, or use of the impact fee to the governing body of the political subdivision municipality.

SB55-ASA1-AA1, s. 2023ke Section 2023ke. 66.0627 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,541,12 66.0627 (3) (a) Except as provided in par. (b), before a special charge may be imposed a public hearing shall be held on the imposition of the proposed special charge by the governing body of the city, village, or town may determine the manner of providing notice of a special charge. Notice of the hearing shall be by class 1 notice under ch. 985, and the notice shall specify where a copy of the proposed ordinance relating to the special charge may be obtained.

SB55-ASA1-AA1, s. 2023ks Section 2023ks. 66.0821 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,541,21 66.0821 (4) (b) For the purpose of making equitable charges for all services rendered by the sanitary sewerage system to the municipality or to citizens, corporations, and other users, the property benefited thereby may be classified, taking into consideration the volume of water, including surface or drain waters, the character of the sewage or waste and the nature of the use made of the sewerage system, including the sewage disposal plant. The Subject to sub. (8), the charges may also include standby charges to property not connected but for which such facilities have been made available.

SB55-ASA1-AA1, s. 2023ksb Section 2023ksb. 66.0821 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,542,9 66.0821 (4) (c) For the purpose of making equitable charges for all services rendered by a storm water and surface water sewerage system to users, the property served may be classified, taking into consideration the volume or peaking of storm water or surface water discharge that is caused by the area of impervious surfaces, topography, impervious surfaces and other surface characteristics, extent and reliability of mitigation or treatment measures available to service the property, apart from measures provided by the storm water and surface water sewerage system, and any other considerations that are reasonably relevant to a use made of the storm water and surface water sewerage system. The Subject to sub. (8), the charges may also include standby charges to property not yet developed with significant impervious surfaces for which capacity has been made available in the storm water and surface water sewerage system.

SB55-ASA1-AA1, s. 2023kse Section 2023kse. 66.0821 (8) of the statutes is created to read:

SB55-ASA1-AA1,542,13 66.0821 (8) No municipality may impose any charges under this section that are not uniformly assessed against all users of the system, unless the charges that are imposed meet the standards under s. 66.0617 (6).".

SB55-ASA1-AA1,542,14 885. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,542,15 " Section 2022m. 66.0436 of the statutes is created to read:

SB55-ASA1-AA1,542,17 66.0436 Discrimination; federally chartered corporations. (1) Definitions. In this section: