SB424, s. 46
18Section
46. 66.0617 (1) (d) of the statutes is amended to read:
SB424,23,2319
66.0617
(1) (d) "Land development" means the construction or modification of
20improvements to real property that creates additional residential dwelling units
21within a political subdivision
or local park and recreation district or that results in
22nonresidential uses that create a need for new, expanded
, or improved public
23facilities within a political subdivision
or local park and recreation district.
SB424, s. 47
24Section
47. 66.0617 (1) (dg) of the statutes is created to read:
SB424,24,2
166.0617
(1) (dg) "Local park and recreation district" has the meaning given for
2district in s. 229.86 (3).
SB424, s. 48
3Section
48. 66.0617 (1) (g) of the statutes is amended to read:
SB424,24,64
66.0617
(1) (g) "Service area" means a geographic area delineated by a political
5subdivision
or local park and recreation district within which there are public
6facilities.
SB424, s. 49
7Section
49. 66.0617 (1) (h) of the statutes is amended to read:
SB424,24,118
66.0617
(1) (h) "Service standard" means a certain quantity or quality of public
9facilities relative to a certain number of persons, parcels of land
, or other appropriate
10measure, as specified by the political subdivision
or local park and recreation
11district.
SB424, s. 50
12Section
50. 66.0617 (2) (a) of the statutes is amended to read:
SB424,24,1613
66.0617
(2) (a) Subject to par. (am), a political subdivision may enact an
14ordinance under this section
, and a local park and recreation district may adopt a
15resolution under this section, that imposes impact fees on developers to pay for the
16capital costs that are necessary to accommodate land development.
SB424, s. 51
17Section
51. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am)
181.
SB424, s. 52
19Section
52. 66.0617 (2) (am) 2. of the statutes is created to read:
SB424,24,2220
66.0617
(2) (am) 2. No local park and recreation district may impose an impact
21fee under this section for any purpose other than park facilities, as defined in s.
22229.86 (7).
SB424, s. 53
23Section
53. 66.0617 (3) of the statutes is amended to read:
SB424,25,624
66.0617
(3) Public hearing; notice. Before
enacting a political subdivision
25enacts an ordinance
or a local park and recreation district adopts a resolution that
1imposes impact fees, or
amending amends an existing ordinance
or resolution that
2imposes impact fees, a political subdivision
or a local park and recreation district 3shall hold a public hearing on the proposed ordinance or amendment. Notice of the
4public hearing shall be published as a class 1 notice under ch. 985, and shall specify
5where a copy of the proposed ordinance or amendment and the public facilities needs
6assessment may be obtained.
SB424, s. 54
7Section
54. 66.0617 (4) (a) (intro.) of the statutes is amended to read:
SB424,25,148
66.0617
(4) (a) (intro.) Before enacting an ordinance
or adopting a resolution 9that imposes impact fees or amending an ordinance
or resolution that imposes
10impact fees by revising the amount of the fee or altering the public facilities for which
11impact fees may be imposed, a political subdivision
or a local park and recreation
12district shall prepare a needs assessment for the public facilities for which it is
13anticipated that impact fees may be imposed. The public facilities needs assessment
14shall include, but not be limited to, the following:
SB424, s. 55
15Section
55. 66.0617 (4) (b) of the statutes is amended to read:
SB424,25,2016
66.0617
(4) (b) A public facilities needs assessment or revised public facilities
17needs assessment that is prepared under this subsection shall be available for public
18inspection and copying in the office of the clerk of the political subdivision
or in the
19office of the secretary of the board of the local park and recreation district at least 20
20days before the hearing under sub. (3).
SB424, s. 56
21Section
56. 66.0617 (5) of the statutes is amended to read:
SB424,25,2422
66.0617
(5) Differential fees, impact fee zones. (a) An ordinance enacted
or
23resolution adopted under this section may impose different impact fees on different
24types of land development.
SB424,26,8
1(b) An ordinance enacted
or resolution adopted under this section may
2delineate geographically defined zones within the political subdivision
or local park
3and recreation district and may impose impact fees on land development in a zone
4that differ from impact fees imposed on land development in other zones within the
5political subdivision
or local park and recreation district. The public facilities needs
6assessment that is required under sub. (4) shall explicitly identify the differences,
7such as land development or the need for those public facilities, which justify the
8differences between zones in the amount of impact fees imposed.
SB424, s. 57
9Section
57. 66.0617 (6) (intro.) of the statutes is amended to read:
SB424,26,1110
66.0617
(6) Standards for impact fees. (intro.) Impact fees imposed by an
11ordinance enacted
or resolution adopted under this section:
SB424, s. 58
12Section
58. 66.0617 (6) (b) of the statutes is amended to read:
SB424,26,1513
66.0617
(6) (b) May not exceed the proportionate share of the capital costs that
14are required to serve land development, as compared to existing uses of land within
15the political subdivision
or local park and recreation district.
SB424, s. 59
16Section
59. 66.0617 (6) (h) of the statutes is created to read:
SB424,26,1917
66.0617
(6) (h) Shall be payable, no sooner than 90 days after final plat
18approval, by the developer to the local park and recreation district either in full or
19in installment payments that are approved by the park and recreation district.
SB424, s. 60
20Section
60. 66.0617 (7) of the statutes is amended to read:
SB424,27,221
66.0617
(7) Low-cost housing. An ordinance enacted
or resolution adopted 22under this section may provide for an exemption from, or a reduction in the amount
23of, impact fees on land development that provides low-cost housing, except that no
24amount of an impact fee for which an exemption or reduction is provided under this
25subsection may be shifted to any other development in the land development in
1which the low-cost housing is located or to any other land development in the
2political subdivision
or local park and recreation district.
SB424, s. 61
3Section
61. 66.0617 (8) of the statutes is amended to read:
SB424,27,84
66.0617
(8) Requirements for impact fee revenues. Revenues from impact
5fees shall be placed in a segregated, interest-bearing account and shall be accounted
6for separately from the other funds of the political subdivision
or local park and
7recreation district. Impact fee revenues and interest earned on impact fee revenues
8may be expended only for capital costs for which the impact fees were imposed.
SB424, s. 62
9Section
62. 66.0617 (9) of the statutes is amended to read:
SB424,27,2010
66.0617
(9) Refund of impact fees. An ordinance enacted
or resolution adopted 11under this section shall specify that impact fees that are imposed and collected by
12a political subdivision
or local park and recreation district but are not used within
13a reasonable period of time after they are collected to pay the capital costs for which
14they were imposed shall be refunded to the current owner of the property with
15respect to which the impact fees were imposed. The ordinance
or resolution shall
16specify, by type of public facility, reasonable time periods within which impact fees
17must be spent or refunded under this subsection. In determining the length of the
18time periods under the ordinance, a political subdivision
or local park and recreation
19district shall consider what are appropriate planning and financing periods for the
20particular types of public facilities for which the impact fees are imposed.
SB424, s. 63
21Section
63. 66.0617 (10) of the statutes is amended to read:
SB424,28,222
66.0617
(10) Appeal. A political subdivision that enacts an impact fee
23ordinance under this section shall, by ordinance,
and a local park and recreation
24district that adopts an impact fee resolution under this section shall, by resolution, 25specify a procedure under which a developer upon whom an impact fee is imposed
1has the right to contest the amount, collection
, or use of the impact fee to the
2governing body of the political subdivision
or local park and recreation district.
SB424, s. 64
3Section
64. 66.0617 (11) of the statutes is created to read:
SB424,28,94
66.0617
(11) Transfer of unused impact fees. If a city, village, or town
5transfers title to its municipal park facilities to a local park and recreation district,
6as described in s. 229.861 (5) (a) 4., and if the city, village, or town has unspent impact
7fees that were to be used for municipal park facilities, as defined in s. 229.86 (5), the
8city, village, or town shall transfer such impact fees to the local park and recreation
9district.
SB424, s. 65
10Section
65. 67.01 (5) of the statutes is amended to read:
SB424,28,1811
67.01
(5) "Municipality" means any of the following which is authorized to levy
12a tax: a county, city, village, town, school district, board of park commissioners,
13technical college district, metropolitan sewerage district created under ss. 200.01 to
14200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60,
local park
15and recreation district under subch. VI of ch. 229, public inland lake protection and
16rehabilitation district established under s. 33.23, 33.235
, or 33.24
, and any other
17public body empowered to borrow money and issue obligations to repay the money
18out of public funds or revenues. "Municipality" does not include the state.
SB424, s. 66
19Section
66. 70.11 (37m) of the statutes is created to read:
SB424,28,2120
70.11
(37m) Local park and recreation district. The property of a local park
21and recreation district under subch. VI of ch. 229.
SB424, s. 67
22Section
67. 71.26 (1) (bm) of the statutes, as affected by 2001 Wisconsin Act
23.... (Assembly Bill 512), is amended to read:
SB424,29,324
71.26
(1) (bm)
Certain local districts. Income of a local exposition district
25created under subch. II of ch. 229, a local professional baseball park district created
1under subch. III of ch. 229, a local professional football stadium district created
2under subch. IV of ch. 229,
or a local cultural arts district created under subch. V of
3ch. 229
, or a local park and recreation district created under subch. VI of ch. 229.
SB424, s. 68
4Section
68. 77.25 (18m) of the statutes is created to read:
SB424,29,55
77.25
(18m) To a local park and recreation district under subch. VI of ch. 229.
SB424, s. 69
6Section
69. 77.54 (9a) (i) of the statutes is created to read:
SB424,29,77
77.54
(9a) (i) A local park and recreation district under subch. VI of ch. 229.
SB424, s. 70
8Section
70. 79.03 (3) (b) 4. a. of the statutes is amended to read:
SB424,29,189
79.03
(3) (b) 4. a. "Local general purpose taxes" means the portion of tax
10increments collected for payment to a municipality under s. 66.1105 which is
11attributable to that municipality's own levy, the portion of environmental
12remediation tax increments collected for payment to a municipality or county under
13s. 66.1106 that is attributable to that municipality's or county's own levy, general
14property taxes, excluding taxes for a county children with disabilities education
15board, collected to finance the general purpose government unit, property taxes
16collected for sewage and sanitary districts,
property taxes collected for local park and
17recreation districts, mobile home fees, the proceeds of county sales and use taxes and
18municipal and county vehicle registration fees under s. 341.35 (1).
SB424, s. 71
19Section
71. Subchapter VI of chapter 229 [precedes 229.86] of the statutes is
20created to read:
SB424,29,2121
CHAPTER 229
SB424,29,2422
subchapter vi
23
local park and
24
recreation districts
SB424,29,25
25229.86 Definitions. In this subchapter:
SB424,30,1
1(1) "Board of directors" means the board of directors of a district.
SB424,30,5
2(2) "Chief executive officer" means, as to a sponsoring municipality or as to a
3municipality that is wholly within the jurisdiction of a district, the mayor or city
4manager of a city, the village president of a village, or the town board chairperson of
5a town.
SB424,30,6
6(3) "District" means a special purpose district created under this subchapter.
SB424,30,9
7(4) "Enabling resolution" means a resolution, or an amendment of a resolution,
8adopted by the governing body of a municipality and signed by the chief executive
9officer to create a district.
SB424,30,11
10(5) "Municipal park facilities" means a public park or recreational facility,
11including improvements, that is owned by a municipality.
SB424,30,15
12(6) "Municipality" means any city other than a city that has a majority of its
13territory located in a county with a population greater than 500,000; any village
14other than a village that has a majority of its territory located in a county with a
15population greater than 500,000; or any town.
SB424,30,17
16(7) "Park facilities" means a public park or recreational facility, including
17improvements, that is owned by a district.
SB424,30,19
18(8) "Sponsoring municipality" means any municipality that creates a district
19in combination with another municipality.
SB424,30,24
20229.861 Creation, organization, and administration.
(1) Subject to sub.
21(5), 2 or more municipalities may create a special purpose district that is a unit of
22government, that is a body corporate and politic, that is separate and distinct from,
23and independent of, the state and the sponsoring municipalities, and that has the
24powers under s. 229.863, if the sponsoring municipalities do all of the following:
SB424,31,2
1(a) Adopt an enabling resolution, subject to sub. (2), that does all of the
2following:
SB424,31,33
1. Declares the need for establishing the district.
SB424,31,44
2. Contains findings of public purpose.
SB424,31,55
3. Contains a detailed description of the boundaries of the proposed district.
SB424,31,76
4. Declares an intention to negotiate with a county the termination of any
7agreement entered into under s. 27.075 (1), (2), or (4).
SB424,31,98
(b) File copies of the enabling resolution with the clerk of each municipality and
9county that is wholly or partly within the boundaries of the proposed district.
SB424,31,14
10(2) Subject to sub. (5), a district shall consist of at least 2 municipalities. Each
11sponsoring municipality shall be identified in a substantially similar enabling
12resolution that is adopted by the governing body of each sponsoring municipality
13within a 90-day period beginning with the date of adoption of the first enabling
14resolution.
SB424,31,16
15(3) A district consisting of 2 or more municipalities may also be created, subject
16to subs. (4) and (5), by a petition and referendum if all of the following occur:
SB424,31,2117
(a) A petition that conforms to the requirements of s. 8.40, which contains a
18detailed description and scale map of the proposed district, on the question of the
19creation of a district is circulated on or after December 1 and filed not later than 5
20p.m. on the first Tuesday in January in each municipality that is within the
21boundaries of the proposed district.
SB424,31,2422
(b) The petition is signed by a number of qualified electors residing in the
23municipality equal to at least 15% of the votes cast for governor in the municipality
24at the last gubernatorial election.
SB424,32,2
1(c) The signed petition is filed with the clerk of each municipality in which the
2petition is circulated.
SB424,32,15
3(4) If all of the steps in sub. (3) occur, each municipality in which petitions
4containing the requisite number of signatures are submitted to the clerk shall hold
5a referendum at the next succeeding spring election. Subject to sub. (5), if the
6question submitted at the referendum is approved by a majority of the electors who
7vote in the referendum at the spring election in at least 2 municipalities, a special
8purpose district that is a unit of government, that is a body corporate and politic, that
9is separate and distinct from, and independent of, the state and each municipality,
10and that has the powers under s. 229.863 is created, the boundaries of which include
11each municipality in which the question is approved. The referendum question shall
12be substantially as follows: "Shall a local park and recreation district, the territory
13of which includes in whole the .... [name of municipality], be created?" If a
14referendum question is not approved in at least 2 municipalities, no district may be
15created.
SB424,32,22
16(5) (a) Before a district may be created, the governing bodies of each
17municipality that has adopted a resolution under sub. (1) or in which a referendum
18question has been approved under sub. (4) shall adopt a resolution or enact an
19ordinance, not later than September 1 of the year in which the resolution under sub.
20(1) or the referendum question is approved, that, subject to pars. (b) and (c), contains
21an agreement among each of the governing bodies which addresses at least all of the
22following provisions:
SB424,33,223
1. A mechanism that provides, from each of the municipalities, a loan of
24start-up funds for the initial operating costs of the district. The loaned start-up
1funds shall be sufficient to sustain the district until it receives the first amount of
2proceeds from a tax that is imposed under s. 229.863 (8).
SB424,33,53
2. A method of appointing temporary members to the board of directors under
4sub. (6) (am) to serve until the initial members are elected at the spring election and
5qualified to take office.
SB424,33,96
3. An apportionment plan for the election of the board of directors of the district
7board under sub. (6) (b), unless the governing bodies of all of the municipalities of
8which the district is initially comprised provide for the election of members of the
9board of directors without an apportionment plan.
SB424,33,1110
4. A method to transfer title of the municipal park facilities within their
11individual jurisdictions to the district.
SB424,33,1512
5. The maximum property tax levy rate that the district may impose under s.
13229.863 (8) (a). The maximum property tax levy rate may be no less than 0.7 mills
14nor more than 1.4 mills for each dollar of the district's equalized valuation, as
15determined under s. 70.57.
SB424,33,2316
(b) 1. Before the municipalities may consider a resolution or ordinance that is
17described in par. (a), all of the municipalities shall enter into an agreement on the
18selection of an arbitrator who will decide any of the issues under par. (a) that are not
19resolved by the municipalities by September 1 of the year described under par. (a),
20except as provided in subd. 2. If the municipalities are unable to reach agreement
21on any of the items listed in par. (a), the arbitrator shall enter a binding decision,
22which resolves all such outstanding items, not later than November 1 of the year
23described under par. (a).
SB424,34,224
2. If the municipalities are unable to reach an agreement concerning whether
25the members of the board of directors shall be elected with or without an
1apportionment plan under sub. (6) (b), the board of directors shall be elected
2pursuant to an apportionment plan.
SB424,34,93
(c) Before the municipalities may consider a resolution or ordinance that is
4described under par. (a), each municipality that is subject to an agreement or
5contract with a county under s. 27.075 (1), (2), or (4) shall negotiate with the county
6the termination of any such agreements or contracts. If a municipality is unable to
7negotiate the termination of any agreements or contracts under s. 27.075, the
8municipality may not become part of a district until the agreements or contracts
9expire or are otherwise terminated.
SB424,34,13
10(6) (a) 1. The district is governed by its board of directors. The board of directors
11may adopt bylaws to govern the district's activities, subject to this subchapter.
12Except as provided in s. 229.862, the board of directors shall consist of 9 members
13who are elected at-large.
SB424,34,2414
2. The board of directors shall be elected at the spring election pursuant to an
15apportionment plan under par. (b) unless the governing bodies of each of the
16municipalities of which the district is comprised by resolution determine, no later
17than November 1 preceding any spring election, that the members of the board of
18directors shall be elected at that election and thereafter without an apportionment
19plan. If the governing bodies of each municipality of which the district is comprised
20determine to elect members of the board of directors without an apportionment plan,
21the governing bodies may, no later than November 1 preceding a spring election, by
22resolution determine to elect members of the board of directors at that election and
23thereafter pursuant to an apportionment plan, if an identical plan is adopted by each
24of those governing bodies by that date.
SB424,35,5
13. The first election of members of the board of directors shall occur in April of
2the year following the year described in sub. (5) (a). Temporary members shall be
3appointed according to the agreement reached under sub. (5) (a) 2. or imposed by an
4arbitrator under sub. (5) (b) to serve until the initial members are elected at the
5spring election and qualified to take office.
SB424,35,206
(b) 1. Each apportionment plan shall divide the entire district into apportioned
7geographic areas for the election of members of the board of directors. The
8boundaries of the apportioned areas shall remain unchanged unless the governing
9bodies of each of the municipalities of which the district is comprised agree, by
10resolution adopted no later than November 1 preceding a spring election, to prescribe
11revised boundaries for the election of members of the board of directors at that
12election and thereafter, and except that, if a municipality becomes a part of the
13district after its creation, the governing bodies of the municipalities of which the
14district is comprised shall, by resolution, prescribe identical revised boundaries of
15the apportioned areas no later than September 1 preceding the first spring election
16at which members of the board of directors are to be elected from the new district.
17If the governing bodies are unable to reach an agreement concerning an identical
18apportionment plan by September 1 preceding that spring election, an arbitrator
19appointed pursuant to sub. (5) (b) 1. shall resolve the dispute no later than November
201 preceding that election.
SB424,35,2421
2. If the members of the board of directors are elected pursuant to an
22apportionment plan, each candidate for member of the board of directors shall state
23on the face of his or her declaration of candidacy and nomination papers the
24apportioned area for which the candidate seeks office.