AB770: Bill Text

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:

AB770,25,22 66.1105 (6) (g) 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable workforce housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.

AB770,49 Section 49. 66.1105 (7) (ak) 5. of the statutes is created to read:

AB770,25,25 66.1105 (7) (ak) 5. For a workforce housing development district, 15 years after the district is created.

AB770,50 Section 50. 66.1108 of the statutes is created to read:

AB770,26,2 66.1108 Limitation on weekend work. (1) Definitions. In this section:

AB770,26,5 (a) “Construction project” means a project involving the erection, construction, repair, remodeling, or demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure.

AB770,26,6 (b) “Political subdivision” means a city, village, town, or county.

AB770,26,12 (2) Construction projects; weekend work. (a) A political subdivision may not prohibit a private person from working on a construction project on a Saturday or Sunday. A political subdivision may not impose conditions that apply to a private person who works on a construction project on a Saturday or Sunday that are inapplicable to, or more restrictive than the conditions that apply to, such a person who works on a construction project during weekdays.

AB770,26,15 (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.

AB770,51 Section 51. 101.65 (1) (a) of the statutes is amended to read:

AB770,26,22 101.65 (1) (a) Exercise Subject to sub. (1c), exercise jurisdiction over the construction and inspection of new dwellings by passage of ordinances , provided such ordinances meet the requirements of the one- and 2-family dwelling code adopted in accordance with this subchapter. Except as provided by s. 101.651, a county ordinance shall apply in any city, village, or town which that has not enacted such ordinance those ordinances.

AB770,52 Section 52. 101.65 (1c) of the statutes is created to read:

AB770,27,7 101.65 (1c) May not make or enforce an ordinance under sub. (1) that is applied to a dwelling and that does not conform to this subchapter and the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter. If any provision of a contract between a city, village, town, or county and an owner requires the owner to comply with an ordinance that does not conform to this subchapter or the uniform dwelling code adopted by the department under this subchapter or is contrary to an order of the department under this subchapter, the owner may waive the provision, and the provision, if waived, is void and unenforceable.

AB770,53 Section 53. 236.13 (2) (a) 1. of the statutes is renumbered 236.13 (2) (am) 1. a. and amended to read:

AB770,27,25 236.13 (2) (am) 1. a. As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider provide security to ensure that he or she the subdivider will make those improvements within a reasonable time. The governing body may not require the subdivider to provide security at the commencement of a project in an amount that is more than 120 110 percent of the estimated total cost to complete the required public improvements. It is the subdivider's option whether to execute a performance bond or whether to provide a letter of credit to satisfy the governing body's requirement that the subdivider provide security to ensure that the public improvements are made within a reasonable time The estimated total cost to complete the required public improvements may not exceed the bona fide bid from the subdivider's contractor to complete the required public improvements or, if the subdivider has not obtained a bid, an estimate of the total cost to complete the required public improvements, as mutually agreed upon by the subdivider's engineer and the town's or municipality's engineer.

AB770,28,8 b. The subdivider may construct the project in such phases as the governing body of the town or municipality approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of security required by the governing body shall be under subd. 1. a. is limited to the phase of the project that is currently being constructed. The governing body may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.

AB770,28,16 c. If the governing body of the town or municipality requires a subdivider to provide security under this paragraph subd. 1. a., the governing body may not require the subdivider to provide the security for more than 14 months after the date the public improvements for which the security is provided are substantially completed and upon substantial completion of the public improvements, the amount of the security the subdivider is required to provide may be no more than an amount equal to the total cost to complete any uncompleted public improvements plus 10 percent of the total cost of the completed public improvements.

AB770,28,18 d. This paragraph applies to all preliminary and final plats, regardless of whether submitted for approval before, on, or after August 1, 2014.

AB770,54 Section 54. 236.13 (2) (a) 2. of the statutes is renumbered 236.13 (2) (am) 2. and amended to read:

AB770,29,2 236.13 (2) (am) 2. For purposes of subd. 1., public improvements reasonably necessary for a project or a phase of a project are considered to be substantially completed at the time upon the installation of the asphalt or concrete binder coat is installed course on roads to be dedicated or, if the required public improvements do not include a road to be dedicated, at the time that 90 percent of the public improvements by cost are completed.

AB770,55 Section 55. 236.13 (2) (ad) of the statutes is created to read:

AB770,29,4 236.13 (2) (ad) In this subsection:

AB770,29,6 1. “Binder course” means the non-surface-level course that is attached to the packed-level gravel course.

AB770,29,12 2. “Land disturbing activity” means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of this state. “Land disturbing activity” includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling, and grading activities.

AB770,29,15 3. “Total cost to complete a public improvement” includes the cost to make and install storm water facilities. “Total cost to complete a public improvement” does not include any of the following:

AB770,29,16 a. Any fees charged by the governing body of the town or municipality.

AB770,29,18 b. Land disturbing activities that are necessary to achieve the desired subgrade for public improvements.

AB770,56 Section 56. 236.13 (2) (am) 1m. of the statutes is created to read:

AB770,29,23 236.13 (2) (am) 1m. a. If the governing body of the town or municipality requires a subdivider to provide security under subd. 1. a., the governing body shall accept a performance bond or a letter of credit, or any combination thereof, at the subdivider's option, to satisfy the requirement.

AB770,30,4 b. The subdivider and the governing body of the town or municipality may agree that all or part of the requirement to provide security under subd. 1. a. may be satisfied by a performance bond provided by the subdivider's contractor that names the town or municipality as an additional obligee provided that the form of the contractor's performance bond is acceptable to the governing body of the town or municipality.

AB770,30,10 c. The governing body of a town or municipality shall accept a bond under this subdivision if the person submitting the bond demonstrates that the bond is consistent with a standard surety bond form used by a company that, on the date the bond is obtained, is listed as an acceptable surety on federal bonds in the most recent circular 570 published by the U.S. department of the treasury, as required under 31 CFR 223.16.

AB770,57 Section 57. 236.13 (2) (am) 3. of the statutes is created to read:

AB770,30,14 236.13 (2) (am) 3. a. With regard to public improvements to which subd. 1. applies, no town or municipality may enact an ordinance relating to the substantial completion of such a public improvement that is inconsistent with subd. 2.

AB770,30,16 b. Upon such substantial completion, any outstanding local building permits that are related to, and dependent upon, substantial completion shall be released.

AB770,30,23 c. The governing body of a town or municipality shall, upon a subdivider's request, issue a permit to commence construction of a foundation or any other noncombustible structure before substantial completion of a public improvement if all public improvements related to public safety are complete and the security requirement under subd. 1. a. has been met. The subdivider may not commence work on a building until the governing body of the town or municipality approves or issues a permit for the construction of the building.

AB770,58 Section 58. 236.34 (1) (ar) 1. of the statutes is amended to read:

AB770,31,6 236.34 (1) (ar) 1. Notwithstanding s. 236.45 (2) (ac) and (am), a municipality, town, or county that has established a planning agency may enact an ordinance or adopt a resolution that specifies a maximum number of parcels that is greater than 4 into which land that is situated in the municipality, town, or county and zoned for commercial, multifamily dwelling, as defined in s. 101.971 (2), industrial, or mixed-use development may be divided by certified survey map.

AB770,59 Section 59. 236.45 (6) (am) of the statutes is amended to read:

AB770,31,15 236.45 (6) (am) Notwithstanding subs. (1) and (2) (ac), a municipality, town, or county may not, as a condition of approval under this chapter, impose any fees or other charges to fund the acquisition or improvement of land, infrastructure, or other real or personal property, except that a municipality or town may impose a fee or other charge to fund the acquisition or initial improvement of land for public parks if the fee or other charge is imposed under a subdivision ordinance enacted or amended in accordance with the procedures under s. 66.0617 (3) to (5) and meets the requirements under s. 66.0617 (6) to (10).

AB770,60 Section 60. 236.45 (6) (c) of the statutes is created to read:

AB770,31,24 236.45 (6) (c) If a subdivision ordinance of a municipality, town, or county requires, as a condition of approval under this chapter, that a subdivider dedicate land for a public park, the municipality, town, or county may offer the subdivider the option of either dedicating the land or paying a fee or other charge under par. (am) in lieu of the dedication. If the subdivider elects to pay a fee or other charge under this paragraph, the fee or other charge is payable by the landowner to the municipality, town, or county upon the issuance of a building permit by the municipality, town, or county.

AB770,61 Section 61. 281.33 (6) of the statutes is repealed.

AB770,62 Section 62. Nonstatutory provisions.

AB770,32,7 (1) Notwithstanding Section 63 (4), in any claim or action under section 32.20 of the statutes for the determination of additional items payable that is pending, including any appeal, on the effective date of this subsection, the claimant shall be allowed 45 days to submit a revised claim to the condemnor that includes expenses permitted under section 32.19 (4m) (a) or (b) of the statutes, as affected by this act, whichever is applicable.

AB770,63 Section 63 . Initial applicability.

AB770,32,11 (1) Local project approvals. The treatment of section 66.10015 (2) (d) and (5) of the statutes first applies to an approval made on the effective date of this subsection.

AB770,32,15 (2) Subdivision approval conditions related to public park improvements. The treatment of section 236.45 (6) (am) and (c) of the statutes first applies to a subdivision or other division of land submitted for approval to a municipality, town, or county on the effective date of this subsection.

AB770,32,19 (3) Just compensation. The treatment of section 32.09 (1m) (a) and (b) of the statutes first applies to an action for the determination of fair market value in a condemnation proceeding for which title to the subject property has not vested in the condemnor on the effective date of this subsection.

AB770,32,23 (4) Relocation benefits. The treatment of sections 32.19 (2) (hm) and (4m) (a) (intro.) and 4. and (b) 1. and 32.20 of the statutes first applies to a claim for expenses filed under section 32.20 of the statutes for the determination of additional items payable on the effective date of this subsection.

AB770,33,3 (5) Impact fee refunds. The treatment of section 66.0617 (9) (a), (b), (c), and (d) of the statutes first applies to an impact fee imposed on the effective date of this subsection.

AB770,33,6 (6) Uniform dwelling code; limitation on local authority. The treatment of section 101.65 (1c) of the statutes first applies to a contract that is entered into on the effective date of this subsection.

AB770,33,8 (7) Levy limit exception. The treatment of section 66.0602 (3) (m) of the statutes first applies to a levy that is imposed in December 2018.

AB770,33,11 (8) Zoning amendment protest. The treatment of section 62.23 (7) (d) 2m. a. of the statutes first applies to a zoning ordinance amendment adopted on the effective date of this subsection.

AB770,64 Section 64. Effective dates. This act takes effect on the day after publication, except as follows:

AB770,33,15 (1) The treatment of section 66.10013 of the statutes takes effect on January 1, 2019.

AB770,33,16 (End)