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7. A city-owned treatment works or village-owned treatment works in which
7the town has an interest under an intergovernmental cooperation agreement under
8s. 66.30.
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(h) The town board consists of 5 supervisors.
AB114,4,15
10(1m) Procedure. (a) Subject to par. (c) and except as provided in par. (b), a town
11board may proceed under sub. (1) only if the town board adopts a resolution declaring
12its intent to proceed under this paragraph and only if the town board institutes
13proceedings under s. 66.02 to consolidate the town with a city or village on or after
14the effective date of this paragraph .... [revisor inserts date], and if, between 1986 and
151996, the town board has done one of the following:
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1. Instituted proceedings to incorporate the town as a city or village under s.
1766.012.
AB114,4,1918
2. Instituted proceedings to incorporate the town as a city or village under ss.
1966.013 to 66.019.
AB114,5,220
(b) Subject to par. (c), if a town board has not instituted one of the proceedings
21under par. (a) 1. or 2. between 1986 and 1996, the town board may proceed under sub.
22(1) only if the town board adopts a resolution declaring its intent to proceed under
23this paragraph and only if the town board, within a 3-year period beginning on the
24date of the adoption of the resolution declaring its intent to proceed under this
1paragraph, institutes proceedings under s. 66.02 to consolidate the town with a city
2or village and the town board institutes proceedings described under par. (a) 1. or 2.
AB114,5,63
(c) The town board may adopt a resolution under sub. (1) only if the town board
4institutes the proceedings under par. (a) or under par. (b) and the proceedings do not
5result in either a consolidation under s. 66.02 or the incorporation of the town as a
6city or village under s. 66.012 or under ss. 66.013 to 66.019.
AB114,5,16
7(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
8town board shall call a referendum to approve the resolution adopted under sub. (1).
9The referendum shall be called for that purpose at the next spring primary or election
10or September primary or general election, or the town board may call and conduct
11a special referendum under s. 8.55, to be held not sooner than 45 days after the
12referendum is called by the town board. The town board shall call for a referendum
13under this subsection not later than 90 days after the adoption of a resolution under
14sub. (1). The referendum question shall be: "Do you approve of the town board's
15adoption of the resolution declaring the Town of .... [insert name of town] to be an
16urban town?".
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(b) A resolution adopted by a town board under sub. (1) may not take effect until
18the resolution is approved in a referendum called for by the town board under par.
19(a). If the referendum is approved by the electors of the town, the town clerk shall
20certify that fact to the secretary of state. The secretary of state shall issue a
21certificate of urban town status and shall record that status in a book kept for that
22purpose.
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23(3) Powers. (a) A town that is subject to this section may exercise any statutory
24power that a village may exercise, except as follows:
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11. A town acting under this section does not have home rule powers under
2article XI, section 3, of the constitution or under s. 61.34 (5).
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2. A town acting under this section may not exercise extraterritorial zoning
4powers under s. 62.23 (7a) or 66.32, offensive industry regulation under s. 66.052 (1),
5extraterritorial plat approval under s. 236.10 or wetlands in shorelands zoning
6authority under s. 61.351.
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3. A town acting under this section may not exercise annexation of territory
8powers under s. 66.021, 66.024 or 66.025.
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4. A town acting under this section may not create a tax incremental financing
10district under s. 66.46.
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5. A town acting under this section may not adopt a village form of governance
12by acting under ss. 61.19 to 61.325.
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(b) 1. Except for a wetlands in shorelands zoning ordinance, no town may be
14subject to any county zoning ordinance that is enacted by a county board after a town
15board adopts a resolution under sub. (1) unless the town board approves the
16ordinance or until the resolution adopted by the town board under sub. (1) is defeated
17in a referendum that is held under sub. (2).
AB114,6,2218
2. If a town board adopts a resolution under sub. (1) and the resolution is
19ratified under sub. (2), a town board may adopt a resolution revoking its approval of
20any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
21if the town board notifies the county board in writing at least 60 days before the
22resolution revoking approval of a county zoning ordinance takes effect.
AB114,6,2523
3. Beginning on the effective date of the resolution revoking town approval of
24a county zoning ordinance, a town that is subject to this section may enact zoning
25ordinances only under s. 62.23.
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1(c) No town territory may be annexed by a city or village under s. 66.021, 66.024
2or 66.025 during the 3-year period described under sub. (1m) (b), during the period
3beginning after a town board adopts a resolution under sub. (1) and before a
4ratification vote under sub. (2) or at any time after the electors of the town approve
5such a resolution under sub. (2), unless the town board approves the proposed
6annexation or unless the land proposed to be annexed is less than 300 acres and at
7least 85% of the border of such land is contiguous to the annexing city or village.
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(d) No town may be subject to the extraterritorial zoning jurisdiction or
9extraterritorial plat approval jurisdiction of a city or village during the period
10beginning after a town board adopts a resolution under sub. (1) and before a
11ratification vote under sub. (2) or at any time after the electors of the town approve
12such a resolution under sub. (2).
AB114, s. 3
13Section
3. 60.61 (2) (intro.) of the statutes is amended to read:
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60.61
(2) Extent of authority. (intro.) Subject to subs. (3) and (3m), if a town
15is located in a county which has not enacted a county zoning ordinance under s. 59.69,
16the town board
of a town that is not subject to s. 60.225, by ordinance, may:
AB114, s. 4
17Section
4. 60.62 (1) of the statutes is amended to read:
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60.62
(1) Subject to subs. (2) and (3)
and to s. 60.225 (3) (b) 3., if a town board
19has been granted authority to exercise village powers under s. 60.10 (2) (c), the board
20may
adopt enact zoning ordinances under s. 61.35.
AB114, s. 5
21Section
5. 60.62 (2) of the statutes is amended to read:
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60.62
(2) If the county in which the town is located has enacted a zoning
23ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
24approval by the town meeting or by a referendum vote of the electors of the town held
25at the time of any regular or special election
, except that this subsection does not
1apply if a town board revokes its approval of a county zoning ordinance under s.
260.225 (3) (b) 2.
AB114, s. 6
3Section
6. 60.62 (3) of the statutes is amended to read:
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60.62
(3) In counties having a county zoning ordinance, no zoning ordinance
5or amendment of a zoning ordinance may be
adopted
enacted under this section
6unless
it is approved by the county board
, except that this subsection does not apply
7if a town board revokes its approval of a county zoning ordinance under s. 60.225 (3)
8(b) 2.
AB114, s. 7
9Section
7. 62.23 (7a) (a) of the statutes is amended to read:
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62.23
(7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
11area
, except as provided in s. 60.225 (3) (d), within 3 miles of the corporate limits of
12a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
13Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.32
14shall apply and any subsequent alteration of the corporate limits of the city by
15annexation, detachment or consolidation proceedings shall not affect the dividing
16line as initially determined under s. 66.32. The governing body of the city shall
17specify by resolution the description of the area to be zoned within its extraterritorial
18zoning jurisdiction sufficiently accurate to determine its location and such area shall
19be contiguous to the city. The boundary line of such area shall follow government lot
20or survey section or fractional section lines or public roads, but need not extend to
21the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
22of the resolution the governing body shall declare its intention to prepare a
23comprehensive zoning ordinance for all or part of its extraterritorial zoning
24jurisdiction by the publication of the resolution in a newspaper having general
25circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The
1city clerk shall mail a certified copy of the resolution and a scale map reasonably
2showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
3in which the extraterritorial jurisdiction area is located and to the town clerk of each
4town, any part of which is included in such area.
AB114, s. 8
5Section
8. 66.021 (2) (intro.) of the statutes is amended to read:
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66.021
(2) Methods of annexation. (intro.) Subject to s. 66.023 (7)
and except
7as provided in s. 60.225 (3) (c), territory contiguous to any city or village may be
8annexed thereto in the following ways:
AB114, s. 9
9Section
9. 66.024 (intro.) of the statutes is amended to read:
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1066.024 Annexation by referendum; court order. (intro.) As a complete
11alternative to any other annexation procedure, and subject to s. 66.023 (7)
and except
12as provided in s. 60.225 (3) (c), unincorporated territory which contains electors and
13is contiguous to a city or village may be annexed thereto in the manner hereafter
14provided. The definitions in s. 66.021 (1) shall apply to this section.
AB114, s. 10
15Section
10. 66.025 of the statutes is amended to read:
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1666.025 Annexation of owned territory. In addition to other methods
17provided by law and subject to ss. 59.692 (7) and 66.023 (7)
and except as provided
18in s. 60.225 (3) (c), territory owned by and lying near but not necessarily contiguous
19to a village or city may be annexed to a village or city by ordinance enacted by the
20board of trustees of the village or the common council of the city, provided that in the
21case of noncontiguous territory the use of the territory by the city or village is not
22contrary to any town or county zoning regulation. The ordinance shall contain the
23exact description of the territory annexed and the names of the towns from which
24detached, and shall operate to attach the territory to the village or city upon the filing
25of 6 certified copies thereof in the office of the secretary of state, together with 6 copies
1of a plat showing the boundaries of the territory attached. Two copies of the
2ordinance and plat shall be forwarded by the secretary of state to the department of
3transportation, one copy to the department of natural resources, one copy to the
4department of revenue and one copy to the department of
education public
5instruction.
AB114, s. 11
6Section
11. 66.32 of the statutes is amended to read:
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766.32 Extraterritorial powers. The extraterritorial powers granted to cities
8and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052, 236.10 and
9254.57, may not be exercised within the corporate limits of another city or village
and
10may not be exercised within the corporate limits of a town whose board has adopted
11a resolution under s. 60.225 (1). Wherever these statutory extraterritorial powers
12overlap, the jurisdiction over the overlapping area shall be divided on a line all points
13of which are equidistant from the boundaries of each municipality concerned so that
14not more than one municipality shall exercise power over any area.
AB114, s. 12
15Section
12. 236.02 (5) of the statutes is amended to read:
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236.02
(5) "Extraterritorial plat approval jurisdiction" means the
17unincorporated area
, except as provided in s. 60.225 (3) (d), within 3 miles of the
18corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city
19or a village.