Amendment SSA1-SB36

2007 - 2008 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2007 SENATE BILL 36

November 2, 2007 - Offered by Senator Breske.

SB36-SSA1,1,6 An Act to amend 59.69 (3) (a), 59.69 (3) (b), 59.69 (3) (e), 60.61 (2) (intro.), 60.61 (3) (intro.), 60.62 (2), 60.62 (3), 62.23 (7a) (a), 66.0105, 70.99 (8) and 236.02 (5); and to create 60.10 (1) (h), 60.225 and 60.23 (33) of the statutes; relating to: the powers of certain towns, authorizing the creation of charter towns by certain town boards, and expanding the authority of charter towns to create tax incremental financing districts.

Analysis by the Legislative Reference Bureau

Under current law, if a town meeting authorizes a town board to do so, the town board may exercise powers relating to villages and conferred on village boards by statute, except those powers that conflict with statutes relating to towns and town boards. For example, a town board exercising village powers may not create a tax incremental financing (TIF) district other than for very limited purposes related to agricultural, forestry, tourism or manufacturing projects; annex territory; exercise extraterritorial zoning jurisdiction over another town; or, in counties that have adopted a county zoning ordinance, enact a town zoning ordinance unless it is approved by the county board. If a town board exercises village powers, the town is still subject to annexation by a city or village and may be subject to extraterritorial zoning powers exercised by a city or village. Current law also authorizes towns that enter into a cooperative boundary agreement with a city or village that will annex all or part of the town to create a TIF district.

This substitute amendment authorizes a town board that is authorized to exercise village powers to adopt a resolution, which is subject to ratification in a referendum that the town board must call, declaring that it is a "charter town." The substitute amendment allows the town board of a charter town to create a TIF district to the same extent as a city or village; it allows a charter town board to revoke its approval of certain county zoning ordinances and exercise certain zoning powers; and it exempts the town from being subject to certain city and village extraterritorial zoning powers. The substitute amendment does not allow charter towns to annex territory or to engage in extraterritorial zoning or plat approval. Under the substitute amendment, counties must recognize a charter town's official map in the same way that it recognizes city and village official maps.

The powers granted to towns in this substitute amendment apply only if certain conditions are met on the date on which the board adopts the resolution. Some of the conditions that must be satisfied include the following:

1. The population of the town must be at least 2,500.

2. The town board creates a town plan commission and adopts a comprehensive land use plan.

3. The town board enacts and enforces building code ordinances.

4. The town board enacts a construction site erosion control and storm water management zoning ordinance.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB36-SSA1, s. 1 Section 1. 59.69 (3) (a) of the statutes is amended to read:

SB36-SSA1,3,4 59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts of the plan for the physical development of the unincorporated territory within the county; areas within a charter town under s. 60.225 whose governing bodies by resolution agree to having their areas included in the county's development plan; and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010, if the county engages in any program or action described in s. 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.1001 (2).

SB36-SSA1, s. 2 Section 2. 59.69 (3) (b) of the statutes is amended to read:

SB36-SSA1,3,11 59.69 (3) (b) The development plan shall include the master plan, if any, of any city or village, that was adopted under s. 62.23 (2) or (3), or of any town that was adopted under s. 60.62 (1) or (4) or 62.23 (2) or (3), as described under s. 60.225 (1) (c), and the official map, if any, of such city or village, that was adopted under s. 62.23 (6), or of any town that was adopted under s. 62.23 (6), as described under s. 60.225 (1) (c), in the county, without change .

SB36-SSA1, s. 3 Section 3. 59.69 (3) (e) of the statutes is amended to read:

SB36-SSA1,3,16 59.69 (3) (e) A master plan adopted under s. 62.23 (2) and (3) and an official map that is established under s. 62.23 (6) shall control in unincorporated territory in a county affected thereby, other than in areas within a charter town under s. 60.225, whether or not such action occurs before the adoption of a development plan.

SB36-SSA1, s. 4 Section 4. 60.10 (1) (h) of the statutes is created to read:

SB36-SSA1,3,19 60.10 (1) (h) Approval of resolutions. Approve a resolution adopted by the town board under s. 60.225 (1).

SB36-SSA1, s. 5 Section 5. 60.225 of the statutes is created to read:

SB36-SSA1,3,25 60.225 Charter towns. (1) Procedure. If a town board is authorized to exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may adopt a resolution declaring its town to be a charter town that is subject to this section if, on the date of adoption of the resolution, all of the following conditions are satisfied:

SB36-SSA1,4,1 (a) The population of the town is at least 2,500.

SB36-SSA1,4,3 (b) The town board creates and maintains a town plan commission under s. 62.23.

SB36-SSA1,4,5 (c) The town board enacts a comprehensive zoning ordinance under s. 60.61, 60.62, or 62.23, and establishes an official town map under s. 62.23 (6).

SB36-SSA1,4,6 (d) The town board adopts a comprehensive land use plan under s. 66.1001.

SB36-SSA1,4,8 (e) The town board enacts a construction site erosion control and storm water management zoning ordinance under s. 60.627.

SB36-SSA1,4,9 (f) The town board enacts a subdivision ordinance under s. 236.45.

SB36-SSA1,4,11 (g) The town board enacts and enforces building code ordinances under s. 60.61 (1m).

SB36-SSA1,4,17 (2) Ratification. (a) If a town board adopts a resolution under sub. (1), the town board shall call a referendum to ratify the resolution at the next spring primary or election or September primary or general election, to be held not sooner than 45 days after the ratification referendum is called by the town board. The referendum question shall be: "Do you approve the town board resolution declaring .... [name of town] to be a charter town?"

SB36-SSA1,4,22 (b) A resolution adopted by a town board under sub. (1) may not take effect until the resolution is approved by the electors in a ratification referendum under par. (a). If the resolution is ratified, the town clerk shall certify that fact to the secretary of state. The secretary of state shall issue a certificate of charter town status and shall record that status in a book kept for that purpose.

SB36-SSA1,5,11 (c) If a resolution adopted by a town board under sub. (1) takes effect under par. (b), the town board may adopt a resolution, not sooner than 4 years after the effective date of the resolution declaring the town to be a charter town, that revokes the town's charter town status. The revocation resolution may not take effect until the resolution is approved by the electors in a ratification referendum called by the town board for that purpose. The referendum shall comply with the requirements for a ratification referendum that is held under par. (a), except that the referendum question shall be: "Do you approve the town board resolution that revokes the status of .... [name of town] as a charter town?" If the referendum revoking charter town status is approved, county zoning ordinances that did not apply to the town because of its former charter town status apply to the town on the effective date of the revocation resolution. If a county ordinance conflicts with an ordinance enacted by the former charter town board, the county ordinance shall take precedence over the former charter town ordinance on the effective date of the revocation resolution.

SB36-SSA1,5,16 (3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no town may be subject to any county zoning ordinance that is enacted by a county board after a town board adopts a resolution under sub. (1) unless the town board approves the ordinance or until the resolution adopted by the town board under sub. (1) is defeated in a ratification vote by the referendum under sub. (2).

SB36-SSA1,5,23 2. If a town board adopts a resolution under sub. (1) and the resolution is ratified under sub. (2), a town board may adopt a resolution revoking its approval of any county zoning ordinance, other than a wetlands in shorelands zoning ordinance, if the town board notifies the county board in writing at least 60 days before the resolution revoking approval of a county zoning ordinance takes effect. On the effective date of the resolution revoking town approval of a county zoning ordinance, the town board may act under s. 60.61 (2) or 60.62 (1).

SB36-SSA1,6,3 (b) No town may be subject to the extraterritorial zoning jurisdiction or extraterritorial plat approval jurisdiction of a city or village during the period beginning after a town board adopts a resolution under sub. (1) and before a ratification vote under sub. (2) or at any time after the electors of the town approve the resolution under sub. (2).

SB36-SSA1, s. 6 Section 6. 60.23 (33) of the statutes is created to read:

SB36-SSA1,6,13 60.23 (33) Town tax increment powers. (a) Subject to par. (b), if the town is a charter town under s. 60.225, exercise all powers of cities under s. 66.1105. If the town board exercises the powers of a city under s. 66.1105, it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105. If a charter town that has created a tax incremental district as provided in this paragraph revokes its charter town status, the town, and the department of revenue, shall continue to administer the district, until the district terminates, as if the town had not revoked its charter town status.

SB36-SSA1,6,15 (b) If a town creates a tax incremental district under s. 60.85, the town may not take any action with regard to that district except by acting under s. 60.85.

SB36-SSA1,6,17 (c) If a town creates a tax incremental district under sub. (32), the town may not take any action with regard to that district except by acting under sub. (32).

SB36-SSA1, s. 7 Section 7. 60.61 (2) (intro.) of the statutes is amended to read:

SB36-SSA1,6,22 60.61 (2) Extent of authority. (intro.) Subject If a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs. (3) and (3m), if a town is located in a county which has not enacted a county zoning ordinance under s. 59.69, the town board, by ordinance, may:

SB36-SSA1, s. 8 Section 8. 60.61 (3) (intro.) of the statutes is amended to read:

SB36-SSA1,7,3 60.61 (3) Exercise of authority. (intro.) Before exercising authority under sub. (2), the town board of a town that is located in a county that has not adopted a county zoning ordinance under s. 59.69 shall petition the county board to initiate, at any regular or special meeting, action to enact a county zoning ordinance under s. 59.69. The town board may proceed under sub. (2) if:

SB36-SSA1, s. 9 Section 9. 60.62 (2) of the statutes is amended to read:

SB36-SSA1,7,11 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2. The question for the referendum vote shall be filed as provided in s. 8.37.

SB36-SSA1, s. 10 Section 10. 60.62 (3) of the statutes is amended to read:

SB36-SSA1,7,16 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board, except that this subsection does not apply if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.

SB36-SSA1, s. 11 Section 11. 62.23 (7a) (a) of the statutes is amended to read:

SB36-SSA1,8,12 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village. Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.0105 shall apply and any subsequent alteration of the corporate limits of the city by annexation, detachment or consolidation proceedings shall not affect the dividing line as initially determined under s. 66.0105. The governing body of the city shall specify by resolution the description of the area to be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to determine its location and such area shall be contiguous to the city. The boundary line of such area shall follow government lot or survey section or fractional section lines or public roads, but need not extend to the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption of the resolution the governing body shall declare its intention to prepare a comprehensive zoning ordinance for all or part of its extraterritorial zoning jurisdiction by the publication of the resolution in a newspaper having general circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and a scale map reasonably showing the boundaries of the extraterritorial jurisdiction to the clerk of the county in which the extraterritorial jurisdiction area is located and to the town clerk of each town, any part of which is included in such area.

SB36-SSA1, s. 12 Section 12. 66.0105 of the statutes is amended to read:

SB36-SSA1,8,23 66.0105 Jurisdiction of overlapping extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.0415, 236.10, and 254.57, may not be exercised within the corporate limits of another city or village and may not be exercised within the corporate limits of a town whose board has adopted a resolution under s. 60.225 (1) unless a majority of the votes cast in the ratification vote on the resolution do not approve the resolution. Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.

SB36-SSA1, s. 13 Section 13. 70.99 (8) of the statutes is amended to read:

SB36-SSA1,9,8 70.99 (8) Each city, town, and village assessor duly appointed or elected and qualified to make the assessment for a city, town, or village shall continue in office for all purposes of completing the functions of assessor with respect to such current year's assessment, but is divested of all authority in respect to the January 1 assessment that comes under the jurisdiction of the county assessor , except that a town assessor of any charter town under s. 60.225 is not divested of his or her authority under this subsection and a county assessor does not have jurisdiction in a charter town.

SB36-SSA1, s. 14 Section 14. 236.02 (5) of the statutes is amended to read:

SB36-SSA1,9,13 236.02 (5) "Extraterritorial plat approval jurisdiction" means the unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.

SB36-SSA1, s. 15 Section 15. Effective dates. This act takes effect on the day after publication, except as follows:

SB36-SSA1,9,17 (1) The treatment of section 60.23 (33) of the statutes takes effect on October 1, 2008.

SB36-SSA1,9,18 (End)