Amendment ASA1-AB760

AB760-ASA1, s. 10 Section 10. 60.23 (33) of the statutes is created to read:

AB760-ASA1,8,19 60.23 (33) Official town map. Adopt an official map. A town board that is authorized to exercise village powers under s. 60.10 (2) (c) may adopt an official map under this subsection only by acting under s. 62.23 (6), and the town board and town officers have the same authority and responsibilities as a common council and city officers acting under that s. 62.23 (6).

AB760-ASA1, s. 11 Section 11. 60.23 (34) of the statutes is created to read:

AB760-ASA1,9,5 60.23 (34) Town withdrawal from county zoning. (a) Subject to pars. (b), (c), and (d), and if authorized to exercise village powers under s. 60.10 (2) (c), during the 24-month period described in s. 59.69 (5) (d), enact an ordinance withdrawing the town from coverage of a county zoning ordinance that had previously been approved under s. 59.69 (5) (c) and from coverage by a county development plan that has been enacted under s. 59.69 (3) (a). A town acting under this paragraph may withdraw completely, or only partially, from coverage of a county zoning ordinance, but the town may withdraw partially only if the county and town agree on the extent to which the town withdraws from, and the extent to which the town remains covered by, the county zoning ordinance.

AB760-ASA1,9,7 (b) Subject to par. (c), an ordinance enacted under par. (a) may not take effect until all of the following occur:

AB760-ASA1,9,10 1. Not later than 60 days before enacting an ordinance under par. (a), the town clerk notifies the county clerk, in writing, of the town's intent to enact an ordinance under par. (a).

AB760-ASA1,9,13 2. The town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s. 66.1001, and an official map under s. 62.23 (6), and the town clerk sends certified copies of such documents to the county clerk.

AB760-ASA1,9,18 (c) A zoning ordinance enacted under s. 60.62, a comprehensive plan enacted under s. 66.1001, and an official map established under s. 62.23 (6), that are enacted in conjunction with an ordinance enacted under par. (a), shall all take effect on the first day of the 3rd month beginning after certified copies of the documents are sent to the county clerk under par. (b) 2.

AB760-ASA1,9,20 (d) A town that acts under par. (a) is still subject to a county shorelands zoning ordinance enacted under s. 59.692.

AB760-ASA1, s. 12 Section 12. 60.62 (5) of the statutes is created to read:

AB760-ASA1,9,25 60.62 (5) (a) Not later than 60 days before a town board that wishes to withdraw from county zoning and the county development plan may enact an ordinance under s. 60.23 (34), the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.

AB760-ASA1, s. 13 Section 13. 60.62 (6) of the statutes is created to read:

AB760-ASA1,10,6 60.62 (6) (a) A town that has enacted a zoning ordinance and comprehensive plan as described under sub. (5) shall provide at least as many hours of town employee staff time enforcing the ordinance as the county provided to enforce the county zoning ordinance in the town when the town was subject to the county zoning ordinance, based on the formula described under par. (b) and subject to par. (c).

AB760-ASA1,10,9 (b) 1. The town shall determine the total number of hours of spent by the county, on average, on a weekly basis, spent by county employees on enforcement of the county zoning ordinance.

AB760-ASA1,10,11 2. The town shall divide the amount determined under subd. 1. by the population of the county.

AB760-ASA1,10,14 3. The town shall multiply the amount determined under subd. 2. by the population of the town to determine the average weekly number of hours of enforcement that town employees must spend enforcing the town zoning ordinance.

AB760-ASA1,10,17 (c) The number of hours of enforcement of the town zoning ordinance that a town must provide, as described under par. (a), may not include the number of hours spent by a county enforcing a shorelands zoning ordinance enacted under s. 59.692.

AB760-ASA1, s. 14 Section 14. 62.23 (7) (d) 1. b. of the statutes, as affected by 2005 Wisconsin Act 26, is amended to read:

AB760-ASA1,11,10 62.23 (7) (d) 1. b. The council may make changes in the tentative recommendations after first submitting the proposed changes to the plan commission, board of public land commissioners or plan committee for recommendation and report and after publishing a class 2 notice, under ch. 985, of the proposed changes and hearings thereon as well as the notice to the clerk of any contiguous municipality and to the commanding officer, or the officer's designee, of any military base or installation, with at least 200 assigned military personnel or that contains at least 2,000 acres, that is located in or near the city, as required in subd. 1. a. Hearings on the proposed changes may be held by, at the council's option, the council, the plan commission, the board of public land commissioners or the plan committee. The entity holding the hearing shall consider any comments made, or submitted, by the commanding officer, or the officer's designee, of a military base or installation, with at least 200 assigned military personnel or that contains at least 2,000 acres, that is located in or near the city. The class 2 notice required under this subdivision may also include any required notice for a hearing to be held by the plan commission or the common council on a proposal to amend the city's master plan.

AB760-ASA1, s. 15 Section 15. 66.1001 (3) (intro.) of the statutes is amended to read:

AB760-ASA1,11,18 66.1001 (3) Actions, procedures that must be consistent with comprehensive plans. (intro.) Beginning on January 1, 2010, if a local governmental unit engages in any of the following actions, those actions shall be consistent with that local governmental unit's comprehensive plan, and the local governmental unit shall issue written findings, which shall include the local governmental unit's reasons and reasoning, that indicate how the actions are consistent with its own comprehensive plan:

AB760-ASA1, s. 16 Section 16. 66.1001 (3m) of the statutes is created to read:

AB760-ASA1,12,6 66.1001 (3m) Actions challenging consistency with comprehensive plans. If a case is filed in circuit court that challenges the validity of a comprehensive plan, including whether an action described under sub. (3) is consistent with the comprehensive plan of the local governmental body that is taking the action, a court shall presume that the plan is valid. The court shall presume that the action described under sub. (3) is valid if the local governmental unit has issued written findings that describe the reasons for the action it has taken. The court shall conclude that the action is consistent with the comprehensive plan unless there is no rational basis for the action in any aspect of any of the elements of the comprehensive plan. Only property owners have standing to file a case under this subsection. The circuit court may not permit the local governmental unit to introduce any information that is not contained in the written findings it has issued.

AB760-ASA1, s. 17 Section 17. 66.1001 (4) (a) of the statutes is amended to read:

AB760-ASA1,12,22 66.1001 (4) (a) The governing body of a local governmental unit shall adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services, the solicitation and submission of written comments as described under par. (f), and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide distribution of proposed, alternative, or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing body and for the governing body to respond to such written comments. The written procedures shall describe the methods the governing body of a local governmental unit will use to distribute proposed, alternative, or amended elements of a comprehensive plan to owners of property, or to persons who have a leasehold interest in property pursuant to which the persons may extract nonmetallic mineral resources in or on property, in which the allowable use or intensity of use of the property is changed by the comprehensive plan.

AB760-ASA1, s. 18 Section 18. 66.1001 (4) (f) of the statutes is created to read:

AB760-ASA1,13,6 66.1001 (4) (f) At the initial stage of the preparation of a comprehensive plan, a local governmental unit shall invite written comments from property owners on the property owners' proposed or contemplated uses for their property over the next 10 years. A property owner may submit such written comments not later than the 60th day beginning after the local governmental unit solicits the comments. The plan commission or other body of a local governmental unit that is authorized to prepare a comprehensive plan shall consider all written comments that are submitted under this paragraph.

AB760-ASA1, s. 19 Section 19. 66.1001 (4) (g) of the statutes is created to read:

AB760-ASA1,13,14 66.1001 (4) (g) At least 30 days before the public hearing described in par. (d) is held, a local governmental unit shall hold at least one public forum at which the proposed ordinance or resolution is discussed. That forum must be preceded by a class 1 notice under ch. 985 that is published at least 30 days before the forum is held. Notice of the forum shall also be sent to every governmental body described in par. (b) 1. and to any state agency which the local governmental unit believes would be interested in attending, or being made aware of, the forum.

AB760-ASA1, s. 20 Section 20. 236.10 (1) (b) (intro.) of the statutes is renumbered 236.10 (1) (b) and amended to read:

AB760-ASA1,13,22 236.10 (1) (b) If within the extraterritorial plat approval jurisdiction of a municipality:, a joint committee consisting of 3 town members and 3 citizen members of the municipality, if it has adopted a subdivision ordnance or an official map under s. 62.23. The 3 citizen members of the municipality shall be appointed by the mayor. The 3 town members shall be appointed by the town board for 3-year terms, shall be residents of the town, and shall be persons experienced in plat review.

AB760-ASA1, s. 21 Section 21. 236.10 (1) (b) 1. to 3. of the statutes are repealed.

AB760-ASA1, s. 22 Section 22. 236.13 (4) of the statutes is amended to read:

AB760-ASA1,14,5 236.13 (4) Where more than one governing body or other agency has authority to approve or to object to a plat and the requirements of such bodies or agencies are conflicting, the plat shall comply with the most restrictive requirements, except that a county may object to a plat only if the plat is subject to a county plan under s. 59.69 or a boundary agreement under s. 66.0307 to which the county is a party.

AB760-ASA1,14,6 (End)