AB202: Bill Text

LRB-0044/1

MES:cmh&kg:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 202

March 15, 1999 - Introduced by Representatives Owens, Ainsworth, Freese, Goetsch, Gunderson, Handrick, Hasenohrl, Ladwig, F. Lasee and Skindrud, cosponsored by Senator Schultz. Referred to Committee on Urban and Local Affairs.

AB202,1,6 An Act to amend 60.61 (2) (intro.), 60.61 (3) (intro.), 60.62 (2), 60.62 (3), 62.23 (7a) (a), 66.021 (2) (intro.), 66.024 (intro.), 66.025, 66.32, 70.99 (8) and 236.02 (5); to create 60.10 (1) (g), 60.225 and 60.23 (32) of the statutes; and to affect Laws of 1975, chapter 105, section 1 (1) and (2); relating to: the powers of certain towns and authorizing the creation of charter towns by certain town boards.

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 district, 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.

This bill authorizes a town board that is authorized to exercise village powers to adopt a resolution, that is subject to ratification in a referendum that the town board must call, declaring that it is a "charter town" and that, under certain circumstances and subject to several limitations, allows the town board to create a tax incremental financing district. The bill also allows a charter town board to exercise certain zoning powers, and exempts the town from being subject to certain city and village extraterritorial powers. This bill does not allow such towns to annex territory or to engage in extraterritorial zoning or plat approval.

The powers granted to towns in this bill 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 enacts and enforces building code ordinances.

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

In addition, certain charter towns are exempt from being subject to city and village annexation powers if certain conditions are met. Some of the conditions that must be met include the following:

1. At least 10% of the town residents receive water supply or sewage disposal services, or both, from one of several entities, such as a town sanitary district, a town utility district, a metropolitan sewerage district or another city, village or town.

2. The equalized value of the town must exceed $100,000,000.

3. The town must provide law enforcement services 24 hours a day.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

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

AB202, s. 1 Section 1. 60.10 (1) (g) of the statutes is created to read:

AB202,2,3 60.10 (1) (g) Approval of resolutions. Approve a resolution adopted by the town board under s. 60.225 (1).

AB202, s. 2 Section 2. 60.225 of the statutes is created to read:

AB202,2,9 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:

AB202,3,1 (a) The population of the town is at least 2,500.

AB202,3,3 (b) The town board creates and maintains a town plan commission under s. 62.23.

AB202,3,5 (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).

AB202,3,7 (d) The town board adopts a comprehensive land use plan that is similar to a county development plan described under s. 59.69 (3) (b) and (c).

AB202,3,9 (e) The town board enacts a construction site erosion control and storm water management zoning ordinance under s. 60.627.

AB202,3,10 (f) The town board enacts a subdivision ordinance under s. 236.45.

AB202,3,11 (g) The town enacts and enforces building code ordinances under s. 60.61 (1m).

AB202,3,17 (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?".

AB202,3,22 (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.

AB202,4,11 (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.

AB202,4,16 (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).

AB202,4,23 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).

AB202,5,3 (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).

AB202,5,9 (4) Protected status. If all of the following apply, no town territory may be annexed by a city or village under s. 66.021, 66.024 or 66.025 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 such a resolution under sub. (2), unless the town board approves the proposed annexation:

AB202,5,11 (a) The equalized value of the town exceeds $100,000,000, according to the most recent assessment.

AB202,5,13 (b) At least 10% of the town residents receive either water supply or sewage disposal services, or both, from one of the following:

AB202,5,14 1. A town sanitary district created by the town under subch. IX.

AB202,5,15 2. A town utility district created under s. 66.072.

AB202,5,17 3. A metropolitan sewerage district created under ss. 66.20 to 66.26 or under ss. 66.88 to 66.918.

AB202,5,18 4. A public utility created under s. 196.01 (5).

AB202,5,19 5. A town sanitary district created by another town under subch. IX.

AB202,5,20 6. A city or village.

AB202,5,23 (c) The town provides law enforcement services, 24 hours a day, by establishing a town police department or by creating a joint police department with another city, village or town under s. 60.56.

AB202, s. 3 Section 3. 60.23 (32) of the statutes is created to read:

AB202,6,4 60.23 (32) Town tax increment powers. Exercise all powers of cities under s. 66.46. If the town board exercises the powers of a city under s. 66.46, it is subject to the same duties as a common council under s. 66.46 and the town is subject to the same duties and liabilities as a city under s. 66.46.