AB770: Bill Text

AB770,15 Section 15. 66.0617 (7) of the statutes is amended to read:

AB770,15,8 66.0617 (7) Low-cost , workforce housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing, except that no or workforce housing, as defined in s. 66.1105 (2) (n). Under no circumstances may the amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing or workforce housing is located or to any other land development in the municipality.

AB770,16 Section 16. 66.0617 (9) (a) of the statutes is renumbered 66.0617 (9) and amended to read:

AB770,15,24 66.0617 (9) Refund of impact fees. Subject to pars. (b), (c), and (d), and with regard to an impact fee that is collected after April 10, 2006, an ordinance enacted under this section shall specify that impact Impact fees that are collected by a municipality within 7 years of the effective date of the ordinance, but are not used within 10 8 years after the effective date of the ordinance they are collected to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 10-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

AB770,17 Section 17. 66.0617 (9) (b) of the statutes is repealed.

AB770,18 Section 18. 66.0617 (9) (c) of the statutes is repealed.

AB770,19 Section 19. 66.0617 (9) (d) of the statutes is repealed.

AB770,20 Section 20. 66.0628 (4) (a) of the statutes is amended to read:

AB770,16,11 66.0628 (4) (a) Any person aggrieved by a fee imposed by a political subdivision because the person does not believe that the fee bears a reasonable relationship to the service for which the fee is imposed may appeal the reasonableness of the fee to the tax appeals commission by filing a petition with the commission within 60 days after the fee's imposition, as provided under s. 73.01 (5) with respect to income or franchise tax cases, and the fee is paid. The commission's decision may be reviewed under s. 73.015. For appeals brought under this subsection, the filing fee required under s. 73.01 (5) (a) does not apply.

AB770,21 Section 21. 66.0821 (4) (c) of the statutes is amended to read:

AB770,17,2 66.0821 (4) (c) For the purpose of making equitable charges for all services rendered by a storm water and surface water sewerage system to users, the property served may be classified, taking into consideration the volume or peaking of storm water or surface water discharge that is caused by the area of impervious surfaces, topography, impervious surfaces and other surface characteristics, extent and reliability of mitigation or treatment measures available to service the property, apart from measures provided by the storm water and surface water sewerage system, and any other considerations that are reasonably relevant to a use made of the storm water and surface water sewerage system. The charges may also include standby charges to property not yet developed with significant impervious surfaces for which capacity has been made available in the storm water and surface water sewerage system. No new and additional charge for services rendered by a storm and surface water system may be made for a property that retains at least 90 percent of storm water falling on the subject property.

AB770,22 Section 22. 66.10013 of the statutes is created to read:

AB770,17,5 66.10013 Housing affordability report. (1) In this section, “municipality” means a city or village with a population of 10,000 or more.

AB770,17,9 (2) Not later than January 1, 2020, a municipality shall prepare a report of the municipality's implementation of the housing element of the municipality's comprehensive plan under s. 66.1001. The municipality shall update the report annually, not later than January 31. The report shall contain all of the following:

AB770,17,11 (a) The number of subdivision plats, certified survey maps, condominium plats, and building permit applications approved in the prior year.

AB770,17,14 (b) The total number of new residential dwelling units proposed in all subdivision plats, certified survey maps, condominium plats, and building permit applications that were approved by the municipality in the prior year.

AB770,17,16 (c) A list and map of undeveloped parcels in the municipality that are zoned for residential development.

AB770,17,20 (d) A list of all undeveloped parcels in the municipality that are suitable for, but not zoned for, residential development, including vacant sites and sites that have potential for redevelopment, and a description of the zoning requirements and availability of public facilities and services for each property.

AB770,18,2 (e) An analysis of the municipality's residential development regulations, such as land use controls, site improvement requirements, fees and land dedication requirements, and permit procedures. The analysis shall calculate the financial impact that each regulation has on the cost of each new subdivision. The analysis shall identify ways in which the municipality can modify its construction and development regulations, lot sizes, approval processes, and related fees to do each of the following:

AB770,18,3 1. Meet existing and forecasted housing demand.

AB770,18,5 2. Reduce the time and cost necessary to approve and develop a new residential subdivision in the municipality by 20 percent.

AB770,18,8 (3) A municipality shall post the report under sub. (2) on the municipality's Internet site on a web page dedicated solely to the report and titled “Housing Affordability Analysis.”

AB770,23 Section 23. 66.10014 of the statutes is created to read:

AB770,18,12 66.10014 Development fee report. (1) Not later than January 1, 2019, a municipality shall prepare a report of the municipality's development fees. The report shall contain all of the following:

AB770,18,15 (a) Whether the municipality imposes any of the following fees or other requirements for purposes related to residential construction, remodeling, or development and, if so, the amount of each fee:

AB770,18,16 1. Building permit fee.

AB770,18,17 2. Impact fee.

AB770,18,18 3. Park fee.

AB770,18,19 4. Land dedication or fee in lieu of land dedication requirement.

AB770,18,20 5. Plat approval fee.

AB770,18,21 6. Storm water management fee.

AB770,18,22 7. Water or sewer hook-up fee.

AB770,19,2 (b) The total amount of fees under par. (a) that the municipality imposed for purposes related to residential construction, remodeling, or development in the prior year and an amount calculated by dividing the total amount of fees under this paragraph by the number of new residential dwelling units approved in the municipality in the prior year.

AB770,19,8 (2) (a) A municipality shall post the report under sub. (1) on the municipality's Internet site on a web page dedicated solely to the report and titled “Development Fee Report.” If a municipality does not have an Internet site, the county in which the municipality is located shall post the information under this paragraph on its Internet site on a web page dedicated solely to development fee information for the municipality.

AB770,19,10 (b) A municipality shall provide a copy of the report under sub. (1) to each member of the governing body of the municipality.

AB770,19,12 (3) If a fee or the amount of a fee under sub. (1) (a) is not posted as required under sub. (2) (a), the municipality may not charge the fee.

AB770,24 Section 24. 66.10015 (1) (f) of the statutes is created to read:

AB770,19,15 66.10015 (1) (f) “Zoning ordinance” means an ordinance enacted by a political subdivision under s. 59.69, 60.61, 60.62, 61.35, or 62.23.

AB770,25 Section 25. 66.10015 (2) (d) of the statutes is repealed.

AB770,26 Section 26. 66.10015 (5) of the statutes is created to read:

AB770,19,20 66.10015 (5) Expiration dates. A political subdivision may not establish an expiration date for an approval related to a planned development district of less than 5 years after the date of the last approval required for completion of the project.

AB770,27 Section 27. 66.10015 (6) of the statutes is created to read:

AB770,20,4 66.10015 (6) Zoning limitations, inspections. (a) If a political subdivision or a utility district requires the installation of a water meter station for a political subdivision, neither the political subdivision nor the utility district may require a developer to install a water meter that is larger than a utility-type box, and may not require a developer to include heating, air conditioning, or a restroom in the water meter station. Any requirements for such a project that go beyond the limitations specified in this paragraph must be funded entirely by the political subdivision or utility district.

AB770,20,9 (b) 1. If a political subdivision employs a building inspector to enforce its zoning ordinance or other ordinances related to building, and a developer requests the building inspector to perform an inspection that is part of the inspector's duties, the inspector shall complete the inspection not later than 14 business days after the building inspector receives the request for an inspection.

AB770,20,13 2. If a building inspector does not complete a requested inspection as required under subd. 1., the developer may request a state building inspector to provide the requested inspection, provided that the state inspector has a comparable level of qualification as the local building inspector.

AB770,20,19 3. If a developer provides a political subdivision with a certificate of inspection from a state building inspector from an inspection described under subd. 2., which meets the requirements of the inspection that was supposed to be provided by the local building inspector, the political subdivision must accept the certificate provided by the state building inspector as if it had been provided by the political subdivision's building inspector.

AB770,28 Section 28. 66.1015 (title) of the statutes is amended to read:

AB770,20,21 66.1015 (title) Municipal rent control, inclusionary zoning, prohibited.

AB770,29 Section 29. 66.1015 (3) of the statutes is created to read:

AB770,20,23 66.1015 (3) Inclusionary zoning prohibited. (a) In this subsection:

AB770,21,3 1. “Inclusionary zoning ordinance” means a zoning ordinance, as defined in s. 66.10015 (1) (e), that prescribes that a certain number or percentage of new or existing residential dwelling units in a land development be made available for rent or sale to an individual or family with a family income at or below a certain percentage of the median income.

AB770,21,4 2. “Median income” has the meaning given in s. 234.49 (1) (g).

AB770,21,6 (b) No city, village, town, or county may enact or enforce an inclusionary zoning ordinance.

AB770,30 Section 30. 66.1102 (title) of the statutes is amended to read:

AB770,21,9 66.1102 (title) Land development; notification; records requests; construction site development.

AB770,31 Section 31. 66.1102 (1) (a) of the statutes is renumbered 66.1102 (1) (bm).

AB770,32 Section 32. 66.1102 (1) (ae) of the statutes is created to read:

AB770,21,13 66.1102 (1) (ae) “Construction site” means the site of the construction, alteration, painting, or repair of a building, structure, or other work.

AB770,33 Section 33. 66.1102 (1) (b) of the statutes is renumbered 66.1102 (1) (bs).

AB770,34 Section 34. 66.1102 (5) of the statutes is created to read:

AB770,21,20 66.1102 (5) Construction site fences. (a) Except for an ordinance that is related to health or safety concerns, no political subdivision may enact an ordinance or adopt a resolution that limits the ability of any person who is the owner, or other person in lawful possession or control, of a construction site to install a banner over the entire height and length of a fence surrounding the construction site.

AB770,21,23 (b) If a political subdivision has enacted an ordinance or adopted a resolution before the effective date of this paragraph .... [LRB inserts date], that is inconsistent with par. (a), the ordinance or resolution does not apply and may not be enforced.

AB770,35 Section 35. 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n) (intro.) and amended to read:

AB770,22,6 66.1105 (2) (n) (intro.) “Affordable Workforce housing" means housing that costs a household no more than 30 percent of the household's gross monthly income. to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5 year average median income and housing costs as calculated by the U.S. bureau of census in its American community survey:

AB770,36 Section 36. 66.1105 (2) (f) 3. (intro.) of the statutes is amended to read:

AB770,22,13 66.1105 (2) (f) 3. (intro.) Notwithstanding subd. 1., project costs may include any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city for newly platted residential development only for any tax incremental district for which a project plan is approved before September 30, 1995, for any workforce housing development, or for a mixed-use development tax incremental district to which one of the following applies:

AB770,37 Section 37. 66.1105 (2) (n) 1. of the statutes is created to read:

AB770,22,16 66.1105 (2) (n) 1. The housing costs a household no more than 30 percent of the household's gross monthly income.

AB770,38 Section 38. 66.1105 (2) (n) 2. of the statutes is created to read:

AB770,22,20 66.1105 (2) (n) 2. With regard to a workforce housing development district, the construction cost per housing unit, including rental housing, is no more than 80 percent of the median price for new residential construction in the county.

AB770,39 Section 39. 66.1105 (2) (o) of the statutes is created to read:

AB770,22,24 66.1105 (2) (o) “Workforce housing development” means development that contains only newly platted residential uses, and 100 percent of the residential development must be workforce housing.

AB770,40 Section 40. 66.1105 (4) (c) of the statutes is amended to read:

AB770,23,8 66.1105 (4) (c) Identification of the specific property to be included under par. (gm) 4. as blighted, in need of workforce housing, or in need of rehabilitation or conservation work. Owners of the property identified shall be notified of the proposed finding and the date of the hearing to be held under par. (e) at least 15 days prior to the date of the hearing. In cities with a redevelopment authority under s. 66.1333, the notification required under this paragraph may be provided with the notice required under s. 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days prior to the date of the hearing to be held under par. (e).

AB770,41 Section 41. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

AB770,23,14 66.1105 (4) (gm) 4. a. Not Except as provided in subd. 4. am., not less than 50 percent, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

AB770,42 Section 42. 66.1105 (4) (gm) 4. am. of the statutes is created to read:

AB770,23,18 66.1105 (4) (gm) 4. am. If the district is a workforce housing development district, 100 percent, by area, of the real property within the district is suitable for a workforce housing development district and will be used for workforce housing.

AB770,43 Section 43. 66.1105 (4) (gm) 4. bm. of the statutes, as affected by 2017 Wisconsin Act 15, is amended to read:

AB770,23,25 66.1105 (4) (gm) 4. bm. The project costs relate directly to eliminating blight, directly serve to rehabilitate or conserve the area, directly increase workforce housing, or directly serve to promote industrial or mixed-use development, consistent with the purpose for which the tax incremental district is created under subd. 4. a. or am.; and

AB770,44 Section 44. 66.1105 (4) (gm) 6. of the statutes is amended to read:

AB770,24,9 66.1105 (4) (gm) 6. Declares that the district is a blighted area district, a rehabilitation or conservation district, an industrial district, a workforce housing development district, or a mixed-use district based on the identification and classification of the property included within the district under par. (c) and subd. 4. a. or am. If the district is not exclusively blighted, rehabilitation or conservation, industrial, workforce housing, or mixed use, the declaration under this subdivision shall be based on which classification is predominant with regard to the area described in subd. 4. a.

AB770,45 Section 45. 66.1105 (4m) (b) 2. of the statutes is amended to read:

AB770,25,2 66.1105 (4m) (b) 2. No tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5) (h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a majority vote within 45 days after receiving the resolution, except that with regard to a workforce housing development district, the board must approve the resolution adopted under sub. (4) (gm) or (h) 1. by a unanimous vote. With regard to a multijurisdictional tax incremental district created under this section, each public member of a participating city must be part of the majority that votes for approval of the resolution or the district may not be created. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under sub. (17) (a), such a district would be the only existing district created under that subsection by that city.

AB770,46 Section 46. 66.1105 (6) (a) 8. of the statutes is amended to read:

AB770,25,14 66.1105 (6) (a) 8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7. or 14. If the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB770,47 Section 47. 66.1105 (6) (a) 14. of the statutes is created to read:

AB770,25,17 66.1105 (6) (a) 14. Fifteen years after the tax incremental district is created if the district is a workforce housing development district.

AB770,48 Section 48. 66.1105 (6) (g) 3. of the statutes is amended to read: