Amendment ASA1-AB770

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:

AB770-ASA1,24,23 236.13 (2) (am) 3. a. With regard to public improvements to which subd. 1. applies, no town or municipality may enact an ordinance relating to the substantial completion of such a public improvement that is inconsistent with subd. 2.

AB770-ASA1,24,25 b. Upon such substantial completion, any outstanding local building permits that are related to, and dependent upon, substantial completion shall be released.

AB770-ASA1,25,7 c. The governing body of a town or municipality shall, upon a subdivider's request, issue a permit to commence construction of a foundation or any other noncombustible structure before substantial completion of a public improvement if all public improvements related to public safety are complete and the security requirement under subd. 1. a. has been met. The subdivider may not commence work on a building until the governing body of the town or municipality approves or issues a permit for the construction of the building.

AB770-ASA1,58 Section 58. 236.34 (1) (ar) 1. of the statutes is amended to read:

AB770-ASA1,25,14 236.34 (1) (ar) 1. Notwithstanding s. 236.45 (2) (ac) and (am), a municipality, town, or county that has established a planning agency may enact an ordinance or adopt a resolution that specifies a maximum number of parcels that is greater than 4 into which land that is situated in the municipality, town, or county and zoned for commercial, multifamily dwelling, as defined in s. 101.971 (2), industrial, or mixed-use development may be divided by certified survey map.

AB770-ASA1,59 Section 59 . 236.45 (6) (am) of the statutes is amended to read:

AB770-ASA1,25,23 236.45 (6) (am) Notwithstanding subs. (1) and (2) (ac), a municipality, town, or county may not, as a condition of approval under this chapter, impose any fees or other charges to fund the acquisition or improvement of land, infrastructure, or other real or personal property, except that a municipality or town may impose a fee or other charge to fund the acquisition or initial improvement of land for public parks if the fee or other charge is imposed under a subdivision ordinance enacted or amended in accordance with the procedures under s. 66.0617 (3) to (5) and meets the requirements under s. 66.0617 (6) to (10).

AB770-ASA1,60 Section 60 . 236.45 (6) (c) of the statutes is created to read:

AB770-ASA1,26,12 236.45 (6) (c) If a subdivision ordinance of a municipality, town, or county requires, as a condition of approval under this chapter, that a subdivider dedicate land for a public park, the municipality, town, or county may offer the subdivider the option of either dedicating the land or paying a fee or other charge under par. (am) in lieu of the dedication. If the subdivider elects to pay a fee or other charge under this paragraph, the fee or other charge is payable by the landowner to the municipality, town, or county upon the issuance of a building permit by the municipality, town, or county. If the subdivider elects to dedicate the land under this paragraph, unless the municipality, town, or county agrees otherwise, the subdivider only may dedicate land that is consistent with the municipality's, town's, or county's park plan or that is contiguous to or within the boundaries of the land being subdivided.

AB770-ASA1,61 Section 61 . 281.33 (6) (a) 1. of the statutes is amended to read:

AB770-ASA1,26,18 281.33 (6) (a) 1. Control storm water quantity or control flooding peak flow to address existing flooding problems or prevent future flooding problems, except that an ordinance under this subdivision may not require more than 90 percent of the difference between the pre-development annual runoff volume at a site and the post-development annual runoff volume at that site to be retained on site.

AB770-ASA1,62 Section 62 . Nonstatutory provisions.

AB770-ASA1,26,25 (1) Notwithstanding Section 63 (4), in any claim or action under section 32.20 of the statutes for the determination of additional items payable that is pending, including any appeal, on the effective date of this subsection, the claimant shall be allowed 45 days to submit a revised claim to the condemnor that includes expenses permitted under section 32.19 (4m) (a) or (b) of the statutes, as affected by this act, whichever is applicable.

AB770-ASA1,63 Section 63 . Initial applicability.

AB770-ASA1,27,4 (1) Local project approvals. The treatment of section 66.10015 (2) (d) and (5) of the statutes first applies to an approval made on the effective date of this subsection.

AB770-ASA1,27,8 (2) Subdivision approval conditions related to public park improvements. The treatment of section 236.45 (6) (am) and (c) of the statutes first applies to a subdivision or other division of land submitted for approval to a municipality, town, or county on the effective date of this subsection.

AB770-ASA1,27,12 (3) Just compensation. The treatment of section 32.09 (1m) (a) and (b) of the statutes first applies to an action for the determination of fair market value in a condemnation proceeding for which title to the subject property has not vested in the condemnor on the effective date of this subsection.

AB770-ASA1,27,17 (4) Relocation benefits. The treatment of sections 32.19 (2) (hm) and (4m) (a) (intro.) and 4. and (b) 1. and 32.20 of the statutes first applies to a claim for expenses filed under section 32.20 of the statutes for the determination of additional items payable, including a claim paid before the effective date of this subsection, on the date that precedes the effective date of this subsection by 2 years.

AB770-ASA1,27,20 (5) Impact fee refunds. The treatment of section 66.0617 (9) (a), (b), (c), and (d) of the statutes first applies to an impact fee imposed on the effective date of this subsection.

AB770-ASA1,27,23 (6) Uniform dwelling code; limitation on local authority. The treatment of section 101.65 (1c) of the statutes first applies to a contract that is entered into on the effective date of this subsection.

AB770-ASA1,27,25 (7) Levy limit exception. The treatment of section 66.0602 (3) (m) of the statutes first applies to a levy that is imposed in December 2019.

AB770-ASA1,28,5 (8) Tax incremental financing. The treatment of section 66.1105 (2) (ab), (f) 3. (intro.), (n) 1. and 2., and (o), (4) (c) and (gm) 4. a., am., and bm. and 6., (4m) (b) 2., (6) (a) 8. and 14. and (g) 3., and (7) (ak) 5. of the statutes first applies to a tax incremental district that is created on October 1, 2018, or whose project plan is amended on October 1, 2018.

AB770-ASA1,64 Section 64. Effective dates. This act takes effect on the day after publication, except as follows:

AB770-ASA1,28,9 (1) The treatment of section 66.10013 of the statutes takes effect on January 1, 2019.

AB770-ASA1,28,10 (End)