Amendment AA2-ASA1-AB760

LRBa3008/1

MES&PJK:lmk:jf

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 760

April 27, 2006 - Offered by Representative Albers.

AB760-ASA1-AA2,1,1 At the locations indicated, amend the substitute amendment as follows:

AB760-ASA1-AA2,1,3 1. Page 1, line 7: after "statutes" insert ", approval of subdivision plats by town boards,".

AB760-ASA1-AA2,1,4 2. Page 7, line 9: after that line insert:

AB760-ASA1-AA2,1,5 " Section 7m. 59.69 (3m) of the statutes is created to read:

AB760-ASA1-AA2,1,6 59.69 (3m) Joint planning body. (a) In this subsection:

AB760-ASA1-AA2,1,10 1. "Applicant" means a person who applies for a permit or approval from a county to comply with a zoning ordinance adopted under this section or a permit or approval from a town to comply with a zoning ordinance adopted under s. 60.62, including authority exercised under s. 60.62 (1), or both.

AB760-ASA1-AA2,2,3 2. "Overlapping jurisdiction" means territory that is subject to a county ordinance adopted under this section and a town ordinance adopted under s. 60.62, including authority exercised under s. 60.62 (1).

AB760-ASA1-AA2,2,6 3. "Rural district" means a county board supervisory district in which more than 50 percent of the electors live in portions of towns that are not subject to city or village extraterritorial zoning jurisdictions.

AB760-ASA1-AA2,2,11 (b) 1. Except as provided in subd. 2., if any territory in the county is subject to overlapping jurisdiction, any applicant who is subject to such overlapping jurisdiction may request the creation of a joint planning body, as described in par. (c), to ensure that the applicant receives a timely decision on the applicant's request for the necessary permit or approval from both the county and the town.

AB760-ASA1-AA2,2,16 2. If the overlapping jurisdiction is subject to a boundary agreement under s. 66.0307, the terms of the boundary agreement shall control as to whether the applicant's permit or other approval request may be granted. To the extent that the boundary agreement does not cover the applicant's permit or other approval request, the applicant may request the creation of the joint planning body under subd. 1.

AB760-ASA1-AA2,2,23 (c) 1. A joint planning body shall be created upon the request of an applicant under par. (b) 1. The joint planning body shall have 3 members selected by the county, 3 members selected by the town, and one member selected by the county board chair, as provided in subd. 2. Except as provided in subd. 2., the county board and town board shall determine how the members are selected, but all 7 members shall be selected not later than 30 days after the applicant requests that a joint planning body be created.

AB760-ASA1-AA2,3,3 2. The joint planning body member appointed by the county board chair shall be a county supervisor who represents a rural district, and he or she may vote only if the vote of the other members of the joint planning body is tied.

AB760-ASA1-AA2,3,11 3. The joint planning body shall hold a public hearing on the applicant's request as soon as possible after all 7 members are selected and shall have the power to approve or reject the applicant's permit request or other approval sought by the applicant. A vote of a majority of a quorum of the members of the joint planning body is required to issue a permit or grant an approval requested by the applicant, and such action by the body shall be considered to be final approval from the county and the town. To constitute a quorum, at least 4 members of the joint planning body must be present at the meeting at which the body votes on the applicant's request.

AB760-ASA1-AA2,3,14 4. As soon as possible after voting on the applicant's request, the joint planning body shall issue a written decision that explains its reason for approving or rejecting the applicant's request.

AB760-ASA1-AA2,3,17 5. After issuing its written decision, the joint planning body is disbanded. If another applicant requests the creation of a joint planning body, the county and town may select the same members or different members to serve on the body.".

AB760-ASA1-AA2,3,18 3. Page 11, line 10: after that line insert:

AB760-ASA1-AA2,3,19 " Section 14e. 62.23 (7a) (c) of the statutes is amended to read:

AB760-ASA1-AA2,5,5 62.23 (7a) (c) If the governing body of the city adopts a resolution under par. (a), it shall direct the plan commission to formulate tentative recommendations for the district plan and regulations within all or a part of the extraterritorial zoning jurisdiction as described in the resolution adopted under par. (a). When the plan commission is engaged in the preparation of such district plan and regulations, or amendments thereto, a joint extraterritorial zoning committee shall be established. Such The joint committee shall consist of 3 citizen members of the plan commission, or 3 members of the plan commission designated by the mayor if there are no citizen members of the commission, and 3 town members from each town affected by the proposed plan and regulations, or amendments thereto, and one person appointed by the county board chair of the county in which the town is located. The 3 town members shall be appointed by the town board for 3 year terms and shall be residents of the town and persons of recognized experience and qualifications. The joint committee member appointed by the county board chair shall be a county supervisor who represents a rural district, as defined in s. 59.69 (3m) (a) 3., and he or she may vote only if the vote of the other members of the joint committee is tied. Town board members are eligible to serve. If the town board fails to appoint the 3 members, or the county board chair fails to appoint one member, within 30 days following receipt of the certified resolution under par. (a), the town board and the county board chair shall be subject to a mandamus proceeding which may be instituted by any resident of the area to be zoned or by the city adopting such resolution. The entire plan commission shall participate with the joint committee in the preparation of the plan and regulations, or amendments thereto. Only the members of the joint committee shall vote on matters relating to the extraterritorial plan and regulations, or amendments thereto. A separate vote shall be taken on the plan and regulations for each town and the town members of the joint committee shall vote only on matters affecting the particular town which they represent. A quorum of at least 4 members of the joint committee is required for the committee to take any action under this paragraph, and at least 2 members in the quorum shall be town board appointees and at least 2 members of the quorum shall be citizen members of the plan commission or designees of the mayor. The governing body shall not adopt the proposed plan and regulations, or amendments thereto, unless the proposed plan and regulations, or amendments thereto, receive a favorable vote of a majority of the 6 a quorum of the members of the joint committee. Such vote shall be deemed action taken by the entire plan commission.".

AB760-ASA1-AA2,5,6 4. Page 13, line 15: delete lines 15 to 23 and substitute:

AB760-ASA1-AA2,5,7 " Section 20c. 236.10 (1m) of the statutes is created to read:

AB760-ASA1-AA2,5,10 236.10 (1m) Notwithstanding sub. (1) (b), if a subdivision lies within the extraterritorial plat approval jurisdiction of a municipality, the final plat of the subdivision may be recorded if all of the following apply:

AB760-ASA1-AA2,5,11 (a) The plat is approved by the town board.

AB760-ASA1-AA2,5,17 (b) The plat is consistent with the town's zoning ordinance enacted under s. 60.62 and with the town's comprehensive plan enacted under s. 66.1001 or, if the town has not enacted a comprehensive plan or is not authorized under s. 60.10 (2) (c) to exercise village powers, the plat is consistent with the comprehensive plan of the county, enacted under s. 66.1001, in which the town is located, or with a county zoning ordinance enacted under s. 59.69.".

AB760-ASA1-AA2,5,18 5. Page 14, line 5: after that line insert:

AB760-ASA1-AA2,5,19 " Section 23c. Initial applicability.

AB760-ASA1-AA2,5,23 (1) Approval of plats and certified survey maps. The treatment of sections 236.10 (1m) and 236.13 (4) of the statutes first applies to a certified survey map or a preliminary plat or, if no preliminary plat was submitted, a final plat that is submitted for approval on the effective date of this subsection.".

AB760-ASA1-AA2,5,24 (End)