AB510: Bill Text

AB510, s. 49 Section 49. 59.69 (7) of the statutes is amended to read:

AB510,26,2 59.69 (7) Continued effect of ordinance. Whenever an area which has been subject to a county zoning ordinance petitions to become part of a city or village, the regulations imposed by the county zoning ordinance shall continue in effect, without change, and shall be enforced by the city or village until the regulations have been changed by official action of the governing body of the city or village, except that in the event an ordinance of annexation is contested in the courts, the county zoning shall prevail and the county shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action. Whenever an area which has been subject to a county zoning ordinance becomes part of a metropolitan service district under subch. VI of ch. 229 and the metropolitan service district provides zoning services under s. 229.863 (2) (e), that town territory is not subject to a county zoning ordinance and the county zoning ordinance may not be enforced within the town.

AB510, s. 50 Section 50. 60.61 (3) (d) of the statutes is created to read:

AB510,26,5 60.61 (3) (d) The town is not subject to zoning authority that is exercised by a municipal service district under s. 229.863 (2) (e).

AB510, s. 51 Section 51. 60.62 (1) of the statutes is amended to read:

AB510,26,9 60.62 (1) Subject to subs. (2), (3), (3m), and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35.

AB510, s. 52 Section 52. 60.62 (3m) of the statutes is created to read:

AB510,26,13 60.62 (3m) The town board may not exercise authority under sub. (1) if the town is part of a metropolitan service district that exercises zoning authority under s. 229.863 (2) (e).

AB510, s. 53 Section 53. 61.65 (1) (a) 2. of the statutes is amended to read:

AB510,26,18 61.65 (1) (a) 2. Contracting for police protective services with a city or town, with another village or with the county in which the village is located. A village that contracts for police protective services under this subdivision shall pay the full cost of services provided.

AB510, s. 54 Section 54. 61.65 (1) (a) 4. of the statutes is created to read:

AB510,26,21 61.65 (1) (a) 4. Contracting for police protective services with a metropolitan services district that provides such service under s. 229.863 (2) (h) and (3) (d).

AB510, s. 55 Section 55. 61.65 (2) (a) 2. of the statutes is amended to read:

AB510,26,25 61.65 (2) (a) 2. Contracting for fire protection services with a city or town or with another village. A village that contracts for fire protection services under this subdivision shall pay the full cost of services provided.

AB510, s. 56 Section 56. 61.65 (2) (a) 5. of the statutes is created to read:

AB510,27,3 61.65 (2) (a) 5. Contracting for fire protection services with a metropolitan service district that provides such services under s. 229.863 (2) (c) and (3) (d).

AB510, s. 57 Section 57. 62.13 (1) of the statutes is amended to read:

AB510,27,11 62.13 (1) Commissioners. Except as provided in sub. subs. (2m) and (2s), each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings.

AB510, s. 58 Section 58. 62.13 (2s) of the statutes is created to read:

AB510,27,15 62.13 (2s) Metropolitan service districts, contract services. A city may provide for police protective services by contracting with a metropolitan service district that provides such services under s. 229.863 (2) (h) and (3) (d).

AB510, s. 59 Section 59. 62.13 (8) of the statutes is amended to read:

AB510,27,25 62.13 (8) Fire department. The council may provide by ordinance for either a paid or a volunteer fire department and for the management and equipment of either insofar as not otherwise provided for by law. In the case where a combination of paid and volunteer fire department is provided for, such city shall be reimbursed by the department of transportation, not to exceed $500 for any fire calls on a state trunk highway or on any highway that is a part of the national system of interstate highways and is maintained by the department of transportation. A city may also provide for fire protection services by contracting with a metropolitan services district that provides such services under s. 229.863 (2) (c) and (3) (d).

AB510, s. 60 Section 60. 66.0217 (2) of the statutes is amended to read:

AB510,28,14 66.0217 (2) Direct annexation by unanimous approval. If Except as provided in s. 229.864 (4), if a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (4). In an annexation under this subsection, subject to sub. (6), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

AB510, s. 61 Section 61. 66.0217 (3) (a) (intro.) of the statutes is amended to read:

AB510,28,18 66.0217 (3) (a) Direct annexation by one-half approval. (intro.) A Except as provided in s. 229.864 (4), a petition for direct annexation may be filed with the city or village clerk if it has been signed by either of the following:

AB510, s. 62 Section 62. 66.0217 (3) (b) (intro.) of the statutes is amended to read:

AB510,28,25 66.0217 (3) (b) Annexation by referendum. (intro.) A Except as provided in s. 229.864 (4), a petition for a referendum on the question of annexation may be filed with the city or village clerk signed by a number of qualified electors residing in the territory equal to at least 20% of the votes cast for governor in the territory at the last gubernatorial election, and the owners of at least 50% of the real property either in area or assessed value. The petition shall conform to the requirements of s. 8.40.

AB510, s. 63 Section 63. 66.0219 (intro.) of the statutes is amended to read:

AB510,29,6 66.0219 Annexation by referendum initiated by city or village. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.0307 (7) and s. 229.864 (4), unincorporated territory which contains electors and is contiguous to a city or village may be annexed to the city or village under this section. The definitions in s. 66.0217 (1) apply to this section.

AB510, s. 64 Section 64. 66.0221 (1) of the statutes is amended to read:

AB510,30,3 66.0221 (1) Upon its own motion and except as provided in s. 229.864 (4), a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB510, s. 65 Section 65. 66.0223 of the statutes is amended to read:

AB510,30,22 66.0223 Annexation of territory owned by a city or village. In addition to other methods provided by law and subject to ss. 59.692 (7) and, 66.0307 (7), and 229.864 (4), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Section 66.0217 (11) applies to annexations under this section.

AB510, s. 66 Section 66. 66.0301 (1) (a) of the statutes is amended to read:

AB510,31,11 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, metropolitan service district created under subch. VI of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

AB510, s. 67 Section 67. 66.0309 (8) (c) of the statutes is created to read:

AB510,31,16 66.0309 (8) (c) 1. Subject to subd. 2., not later than the first day of the 7th month after the effective date of this subdivision .... [revisor inserts date], each regional planning commission shall designate the boundaries of all urbanized areas in the region, based on at least all of the following factors:

AB510,31,17 a. Population density.

AB510,31,18 b. Compactness.

AB510,31,19 c. Community of interests.

AB510,31,20 d. Cost effectiveness of service delivery.

AB510,31,24 2. Following an initial designation of urbanized areas under this paragraph, a regional planning commission shall redesignate urbanized areas of the region every 10 years, based on the factors listed in subd. 1., unless an earlier redesignation is requested under s. 229.863 (4) (n).

AB510,32,2 3. The boundaries of an urbanized area may consist of any combination of the whole of any city, the whole of any village, or the whole or part of any town.

AB510, s. 68 Section 68. 66.0615 (1) (bs) of the statutes is created to read:

AB510,32,5 66.0615 (1) (bs) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 69 Section 69. 66.0615 (1m) (a) of the statutes is amended to read:

AB510,32,22 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), and a metropolitan service district, under par. (em), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph is not subject to the selective sales tax imposed by s. 77.52 (2) (a) 1. and may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and may be forwarded to a commission if one is created under par. (c), as provided in par. (d). A tax imposed under this paragraph by a metropolitan service district shall be paid to the district. Except as provided in par. (am), a tax imposed under this paragraph by a municipality or by a metropolitan service district may not exceed 8%. Except as provided in par. (am), if a tax greater than 8% under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8%, effective on June 1, 1994.

AB510, s. 70 Section 70. 66.0615 (1m) (em) of the statutes is created to read:

AB510,33,6 66.0615 (1m) (em) 1. The governing body of a metropolitan service district may adopt a resolution imposing a room tax under par. (a) if none of the municipalities within the metropolitan service district's jurisdiction under s. 229.862, that are also part of the district, impose such a tax and if all such municipalities enact an ordinance authorizing the metropolitan service district to impose the tax under par. (a). A tax imposed under par. (a) applies within every municipality that is both located within the metropolitan service district's jurisdiction and that is part of the metropolitan service district.

AB510,33,9 2. If a metropolitan service district stops imposing and collecting a room tax, the municipalities within the district's jurisdiction that are also a part of the district may impose a room tax under par. (a).

AB510, s. 71 Section 71. 66.0615 (2) (intro.) of the statutes is amended to read:

AB510,33,15 66.0615 (2) (intro.) As a means of enforcing the collection of any room tax imposed by a municipality or, a district , or a metropolitan service district under sub. (1m), the municipality or, district, or metropolitan service district may exchange audit and other information with the department of revenue and may do any of the following:

AB510, s. 72 Section 72. 66.0615 (2) (a) of the statutes is amended to read:

AB510,33,22 66.0615 (2) (a) If a municipality or, district, or metropolitan service district has probable cause to believe that the correct amount of room tax has not been assessed or that the tax return is not correct, inspect and audit the financial records of any person subject to sub. (1m) pertaining to the furnishing of accommodations to determine whether the correct amount of room tax is assessed and whether any room tax return is correct.

AB510, s. 73 Section 73. 66.0615 (2) (d) of the statutes is amended to read:

AB510,34,5 66.0615 (2) (d) Require each person who is subject to par. (c) to pay an amount of taxes that the municipality or, district, or metropolitan service district determines to be due under par. (c) plus interest at the rate of 1% per month on the unpaid balance. No refund or modification of the payment determined may be granted until the person files a correct room tax return and permits the municipality or, district, or metropolitan service district to inspect and audit his or her financial records under par. (a).

AB510, s. 74 Section 74. 66.0615 (3) of the statutes is amended to read:

AB510,34,15 66.0615 (3) The municipality shall provide by ordinance and the district or metropolitan service district shall provide by resolution for the confidentiality of information obtained under sub. (2) but shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of a court. The municipality or, district, or metropolitan service district may provide for the publishing of statistics classified so as not to disclose the identity of particular returns. The municipality or, district, or metropolitan service district shall provide that persons violating ordinances or resolutions enacted under this subsection may be required to forfeit not less than $100 nor more than $500.

AB510, s. 75 Section 75. 66.0617 (1) (a) of the statutes is amended to read:

AB510,35,2 66.0617 (1) (a) "Capital costs" means the capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the political subdivision or metropolitan service district can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand, or improve public facilities or the costs of equipment to construct, expand, or improve public facilities.

AB510, s. 76 Section 76. 66.0617 (1) (c) of the statutes is amended to read:

AB510,35,6 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a political subdivision or a metropolitan service district under this section.

AB510, s. 77 Section 77. 66.0617 (1) (d) of the statutes is amended to read:

AB510,35,12 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision or metropolitan service district or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision or metropolitan service district.

AB510, s. 78 Section 78. 66.0617 (1) (dg) of the statutes is created to read:

AB510,35,15 66.0617 (1) (dg) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 79 Section 79. 66.0617 (1) (g) of the statutes is amended to read:

AB510,35,18 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision or metropolitan service district within which there are public facilities.

AB510, s. 80 Section 80. 66.0617 (1) (h) of the statutes is amended to read:

AB510,35,22 66.0617 (1) (h) "Service standard" means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land , or other appropriate measure, as specified by the political subdivision or metropolitan service district.

AB510, s. 81 Section 81. 66.0617 (2) (a) of the statutes is amended to read:

AB510,36,2 66.0617 (2) (a) Subject to par. (am), a political subdivision may enact an ordinance under this section, and a metropolitan service district may adopt a resolution under this section, that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

AB510, s. 82 Section 82. 66.0617 (2) (am) of the statutes is renumbered 66.0617 (2) (am) 1.

AB510, s. 83 Section 83. 66.0617 (2) (am) 2. of the statutes is created to read:

AB510,36,8 66.0617 (2) (am) 2. No metropolitan service district may impose an impact fee under this section for any purpose other than a purpose that is related to a service under s. 229.863 (2) and (3) that the district provides or has agreed to provide.

AB510, s. 84 Section 84. 66.0617 (3) of the statutes is amended to read:

AB510,36,17 66.0617 (3) Public hearing; notice. Before enacting a political subdivision enacts an ordinance or a metropolitan service district adopts a resolution that imposes impact fees, or amending amends an existing ordinance or resolution that imposes impact fees, a political subdivision or a metropolitan service district shall hold a public hearing on the proposed ordinance or resolution or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or resolution or amendment and the public facilities needs assessment may be obtained.

AB510, s. 85 Section 85. 66.0617 (4) (a) (intro.) of the statutes is amended to read:

AB510,36,25 66.0617 (4) (a) (intro.) Before enacting an ordinance or adopting a resolution that imposes impact fees or amending an ordinance or resolution that imposes impact fees by revising the amount of the fee or altering the public facilities for which impact fees may be imposed, a political subdivision or a metropolitan service district shall prepare a needs assessment for the public facilities for which it is anticipated that impact fees may be imposed. The public facilities needs assessment shall include, but not be limited to, the following:

AB510, s. 86 Section 86. 66.0617 (4) (b) of the statutes is amended to read:

AB510,37,6 66.0617 (4) (b) A public facilities needs assessment or revised public facilities needs assessment that is prepared under this subsection shall be available for public inspection and copying in the office of the clerk of the political subdivision or in the office of the secretary of the metropolitan service district commission at least 20 days before the hearing under sub. (3).

AB510, s. 87 Section 87. 66.0617 (5) of the statutes is amended to read:

AB510,37,10 66.0617 (5) Differential fees, impact fee zones. (a) An ordinance enacted or resolution adopted under this section may impose different impact fees on different types of land development.

AB510,37,18 (b) An ordinance enacted or resolution adopted under this section may delineate geographically defined zones within the political subdivision or metropolitan service district and may impose impact fees on land development in a zone that differ from impact fees imposed on land development in other zones within the political subdivision or metropolitan service district. The public facilities needs assessment that is required under sub. (4) shall explicitly identify the differences, such as land development or the need for those public facilities, which justify the differences between zones in the amount of impact fees imposed.

AB510, s. 88 Section 88. 66.0617 (6) (intro.) of the statutes is amended to read:

AB510,37,21 66.0617 (6) Standards for impact fees. (intro.) Impact fees imposed by an ordinance enacted or resolution adopted under this section:

AB510, s. 89 Section 89. 66.0617 (6) (b) of the statutes is amended to read:

AB510,37,25 66.0617 (6) (b) May not exceed the proportionate share of the capital costs that are required to serve land development, as compared to existing uses of land within the political subdivision or metropolitan service district.