66.023(3)(c)5.
5. The acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals described in
subds. 1. to
4.
66.023(3)(c)7.
7. The general location, character and extent of community centers and neighborhood units.
66.023(3)(c)8.
8. The general character, extent and layout of the replanning of blighted districts and slum areas.
66.023(3)(d)
(d)
Content of plan; boundaries and services. The cooperative plan shall:
66.023(3)(d)1.
1. Identify any boundary change and any existing boundary that may not be changed during the planning period.
66.023(3)(d)2.
2. Identify any conditions that must be met before a boundary change may occur.
66.023(3)(d)3.
3. Include a schedule of the period during which a boundary change shall or may occur.
66.023(3)(d)4.
4. Include a statement explaining how any part of the plan related to the location of boundaries meets the approval criteria under
sub. (5) (c) 4. and
5.
66.023(3)(d)5.
5. Describe the services to be provided to the territory covered by the plan, identify the providers of those services and indicate whether the provision of any service has received preliminary approval of any relevant governmental regulatory authority.
66.023(3)(d)6.
6. Include a schedule for delivery of the services described under
subd. 5.
66.023(3)(d)7.
7. Include a statement explaining how provision under the plan for the delivery of necessary municipal services to the territory covered by the plan meets the approval criterion under
sub. (5) (c) 3.
66.023(3)(d)8.
8. Designate the municipalities that are participating in the cooperative plan and that are required to ratify any boundary changes by enacting an ordinance under
sub. (10).
66.023(3)(dm)
(dm)
Content of plan; environmental consequences and housing needs. The cooperative plan shall:
66.023(3)(dm)1.
1. Identify any significant adverse consequences to the natural environment, including air and water pollution, energy use, development outside compact urban areas and contribution to urban sprawl, that may be caused by the proposed physical development of the territory covered by the plan.
66.023(3)(dm)2.
2. Demonstrate that each participating municipality has considered alternatives to the proposed physical development of the territory covered by the plan, in order to minimize or avoid significant adverse environmental consequences, including those under
subd. 1., and include in the plan a description of the alternatives considered.
66.023(3)(dm)3.
3. If the physical development of the territory covered by the plan is subject to federal environmental laws or regulations, state laws or state environmental rules, describe how compliance with the laws, regulations or rules will be achieved.
66.023(3)(dm)4.
4. Address the need for safe and affordable housing to meet the needs of diverse social and income groups in each municipality that is participating in the preparation of the plan.
66.023(3)(e)
(e)
Content of plan; compatibility with existing law. The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under
s. 59.692, municipal regulations and administrative rules that apply to the territory affected by the plan.
66.023(3)(f)
(f)
Content of plan; planning period. The cooperative plan shall specify the duration of the proposed planning period, which shall be for a period of 10 years, except that the duration of the proposed planning period may be for a period greater than 10 years if a duration greater than 10 years is approved by the department.
66.023(3)(g)
(g)
Content of plan; zoning agreement. The cooperative plan shall include all agreements under
sub. (7m).
66.023(3)(h)
(h)
Existing plans may be used. A cooperative plan may be based on, contain elements of or duplicate any existing plan for the same territory.
66.023(4)
(4) Procedure for adopting cooperative plan. 66.023(4)(a)(a)
Authorizing resolution. Each municipality that intends to participate in the preparation of a cooperative plan under this section shall adopt a resolution authorizing participation in the preparation of the plan. Notice of each resolution shall be given in writing, within 5 days after the resolution is adopted, to all of the following:
66.023(4)(a)1.
1. The department, the department of natural resources, the department of agriculture, trade and consumer protection and the department of transportation.
66.023(4)(a)2.
2. The clerks of any municipality, school district, technical college district, sewerage district or sanitary district which has any part of its territory within 5 miles of a participating municipality.
66.023(4)(a)3.
3. The clerk of each county in which a participating municipality is located.
66.023(4)(a)4.
4. Any county zoning agency under
s. 59.69 (2) or regional planning commission whose jurisdiction includes a participating municipality.
66.023(4)(b)
(b)
Public hearing. At least 120 days after adoption under
par. (a) of the last resolution by a participating municipality and at least 60 days before submitting a cooperative plan to the department for review and approval under
sub. (5), the participating municipalities shall hold a joint hearing on the proposed plan. Notice of the hearing shall be given by each participating municipality by class 3 notice under
ch. 985.
66.023(4)(c)
(c)
Comment on plan. Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by each participating municipality. Any county zoning agency under
s. 59.69 (2) or regional planning commission whose jurisdiction includes any participating municipality shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under
s. 66.945 (9), or development plan adopted by the county board or county planning agency under
s. 59.69 (3), and on the delivery of municipal services, and may comment on any other aspect of the plan. Any county in the regional planning commission's jurisdiction may submit comments on the effect of the cooperative plan on the master plan adopted under
s. 66.945 (9) and on the delivery of county services or on any other matter related to the plan.
66.023(4)(d)1.1. Subject to
subd. 2., after the public hearing under
par. (b) and consideration of comments made on the proposed cooperative plan, the plan participants may revise the plan in response to the comments and may, by resolution adopted by each participating municipality, adopt a final version of the plan.
66.023(4)(d)2.
2. If within 30 days after the public hearing under
par. (b) a petition opposing the plan, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, the final version of the plan may be adopted in that municipality only by an affirmative vote of three-fourths of the members of the municipality's governing body who are present and voting. The petition shall conform to the requirements of
s. 8.40.
66.023(4)(e)1.1. Within 30 days after adoption of a final plan under
par. (d), the governing body of a participating municipality may adopt a resolution calling for an advisory referendum on the plan. An advisory referendum shall be held if, within 30 days after adoption of the final plan under
par. (d), a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, requesting an advisory referendum on the cooperative plan. The petition shall conform to the requirements of
s. 8.40.
66.023(4)(e)2.
2. The advisory referendum shall be held within 30 days after adoption of the resolution under
subd. 1. calling for the referendum or within 30 days after receipt of the petition by the municipal clerk. The municipal clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.
66.023(4)(e)3.
3. The advisory referendum shall be conducted by the municipal election officials. The governing body of the municipality may specify the number of election officials for the referendum. The ballots shall contain the words "For the cooperative plan" and "Against the cooperative plan" and shall otherwise conform to the provisions of
s. 5.64 (2). The election shall be conducted as are other municipal elections in accordance with
chs. 6 and
7, insofar as applicable.
66.023(4)(e)4.
4. The election inspectors shall report the results of the election, showing the total number of votes cast and the numbers cast for and against the cooperative plan. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal clerk. The election inspector shall file a certified report of the results in the office of the clerk of each municipality that is a party to the cooperative plan.
66.023(4)(e)5.
5. The costs of the advisory referendum election shall be borne by the municipality that holds the election.
66.023(4)(f)
(f)
Submittal of final plan to department. If no advisory referendum is held under
par. (e), the plan participants may submit the final version of the cooperative plan to the department for approval under
sub. (5) at least 60 days but not more than 180 days after the public hearing under
par. (b). If an advisory referendum is held under
par. (e), each participating municipality shall determine, by resolution, whether to submit the final version of the cooperative plan to the department for approval under
sub. (5). The resolution shall be adopted within 60 days after the last advisory referendum is held. If any of the plan participants fails or refuses to approve submittal of the cooperative plan to the department, the plan may not be submitted. Any written comment received by a participating municipality on any version of the cooperative plan shall be submitted to the department at the time that the cooperative plan is submitted. If the cooperative plan is not submitted to and approved by the department, it may not be implemented under this section by any of the participating municipalities.
66.023(5)
(5) Department review and approval of local or cooperative plan. 66.023(5)(a)(a)
Generally. The department shall make a written determination of whether to approve a cooperative plan within 90 days after receiving the plan unless the department and the parties to the plan agree to a longer determination period. The department shall consider written comments on the plan received by a municipality under
sub. (4) (c) that is submitted to the department under
sub. (4) (f) or from any other source. The department may request information relating to the cooperative plan, including any comprehensive plan or land use plan currently being utilized by any participating municipality, from that municipality, and from any county or regional planning commission. The department may seek and consider comments from any state agency on whether the cooperative plan is consistent with state laws and administrative rules under the agency's jurisdiction. Any state agency requested to comment on a cooperative plan shall comply with the request. The department shall issue its determination of whether to approve the cooperative plan in writing, supported by specific findings based on the criteria under
par. (c). The approval or disapproval of a cooperative plan by the department under this section is not a contested case, as defined in
s. 227.01 (3), for purposes of
ch. 227.
66.023(5)(b)
(b)
Hearing. Any person may request a public hearing before the department on a cooperative plan submitted to the department for approval. A request for a public hearing shall be in writing and shall be submitted to the department within 10 days after the cooperative plan is received by the department. If requested, the department shall, and on its own motion the department may, hold a public hearing on the cooperative plan. If requested to hold a public hearing, the department is required to hold only one hearing, regardless of the number of requests for a hearing. Any public hearing under this paragraph shall be held in a municipality that is a party to the cooperative plan.
66.023(5)(c)
(c)
Approval of cooperative plan. A cooperative plan shall be approved by the department if the department determines that all of the following apply:
66.023(5)(c)1.
1. The content of the plan under
sub. (3) (c) to
(e) is sufficient to enable the department to make the determinations under
subds. 2. to
5m.
66.023(5)(c)2.
2. The cooperative plan is consistent with current state laws, municipal regulations and administrative rules that apply to the territory affected by the plan.
66.023(5)(c)3.
3. Adequate provision is made in the cooperative plan for the delivery of necessary municipal services to the territory covered by the plan.
66.023(5)(c)4.
4. Any boundary maintained or any boundary change under the cooperative plan is reasonably compatible with the characteristics of the surrounding community, taking into consideration present and potential transportation, sewer, water and storm drainage facilities and other infrastructure, fiscal capacity, previous political boundaries, boundaries of school districts and shopping and social customs.
66.023(5)(c)5.
5. The shape of any boundary maintained or any boundary change under the cooperative plan is not the result of arbitrariness and reflects due consideration for compactness of area. Considerations relevant to the criteria under this subdivision include quantity of land affected by the boundary maintenance or boundary change and compatibility of the proposed boundary maintenance or boundary change with natural terrain including general topography, major watersheds, soil conditions and such features as rivers, lakes and major bluffs.
66.023(5)(c)5m.
5m. The cooperative plan adequately identifies and addresses the significant adverse environmental consequences to the natural environment that may be caused by the proposed physical development of the territory covered by the plan, the municipalities submitting the plan have adequately identified and considered alternatives to minimize or avoid the significant adverse environmental consequences, the proposals in the plan for compliance with federal environmental laws or regulations and state environmental laws or rules are adequate and the need for safe and affordable housing for a diversity of social and income groups in each community has been met.
66.023(5)(c)6.
6. Any proposed planning period exceeding 10 years is consistent with the plan.
66.023(5)(d)
(d)
Return and resubmittal of plan. The department may return a cooperative plan, with comments, if the department determines that the cooperative plan, if revised, may constitute a plan that can be approved by the department. If a cooperative plan is returned under this paragraph, each participating municipality may revise the plan, as directed by the department, adopt the revised plan by resolution and resubmit the plan to the department within 90 days after the plan is returned. After receiving a resubmitted cooperative plan, the department shall make a determination on approval within 30 days.
66.023(6)
(6) Binding elements of cooperative plan. If a cooperative plan is approved by the department under
sub. (5) or an amended plan is approved under
sub. (8), provisions in the plan to maintain existing boundaries, the boundary changes in the plan, the schedule for those changes, the plan for delivery of services and the schedule for those services are binding on the parties to the plan and have the force and effect of a contract.
66.023(7)(a)(a)
Other procedures after hearing. After the joint hearing under
sub. (4) (b) is held, no other procedure, except the procedure under
s. 281.43 (1m), for altering a municipality's boundaries may be used to alter a boundary included in the proposed cooperative plan under
sub. (3) (d) 1. until the boundary is no longer included in the proposed cooperative plan, the municipality withdraws from the proposed cooperative plan or the proposed cooperative plan fails to receive approval from the department, whichever occurs first.
66.023(7)(b)
(b)
Other boundary procedures during the planning period. During the planning period specified under
sub. (3) (f), no other procedure for altering a municipality's boundaries may be used to alter a boundary that is included in the cooperative plan under
sub. (3) (d) 1., except if an annexation is conducted under
s. 281.43 (1m), regardless of whether the boundary is proposed to be maintained or changed or is allowed to be changed under the plan. After the planning period has expired, the boundary may be altered.
66.023(7m)
(7m) Zoning in town territory. If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city or village to adopt a zoning ordinance under
s. 60.61,
61.35 or
62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection is not subject to
s. 60.61 (3) or
60.62 (3). If a county zoning ordinance applies to the town territory covered by the plan, that ordinance and amendments to it continue until a zoning ordinance is adopted under this subsection. If a zoning ordinance is adopted under this subsection, that zoning ordinance continues in effect after the planning period ceases until a different zoning ordinance for the territory is adopted under other applicable law. This subsection does not affect zoning ordinances adopted under
ss. 59.692,
87.30 or
91.71 to
91.78.
66.023(8)
(8) Amendments to cooperative plan. 66.023(8)(a)(a)
Authority to amend plan. A cooperative plan may be amended during the planning period if all the parties to the plan agree to the amendment and if the amendment is approved by the department.
66.023(8)(b)
(b)
When full procedure required. An amendment to a cooperative plan that proposes to change a municipality's boundary or to change the approved planning period shall follow the same procedure as that required for an original plan.
66.023(8)(c)
(c)
When expedited procedure may occur. An amendment to a cooperative plan that does not propose to change a boundary or the planning period shall follow the same procedure as that required for an original plan except that the hearing under
sub. (4) (b) is not required unless objection to the amendment is made in writing by any person to the clerk of a participating municipality. An amendment under this paragraph shall be adopted by resolution of each of the participating municipalities. Notice of the amendment and adopting resolution shall follow the procedures specified in
sub. (4) (a). Notice that the amendment will be submitted directly to the department unless objection is made in writing shall be given by each participating municipality by a class 3 notice under
ch. 985. If no written objection to the amendment is received within 7 days after the last required notice is published, the amendment may be submitted directly to the department for approval. If written objection is timely made, the public hearing and other requirements under
sub. (4) (b) and
(c) apply.
66.023(9)
(9) Court review of department decision. The decision of the department under
sub. (5) (c) or
(d) or
(8) to approve or not to approve a cooperative plan or an amendment to a plan is subject to judicial review under
ch. 227.
66.023(10)
(10) Boundary change ordinance; filing and recording requirements. A boundary change under a cooperative plan shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the plan. The filing and recording requirements under
s. 66.021 (8) (a), as they apply to cities and villages under
s. 66.021 (8) (a), apply to municipalities under this subsection. The requirements for the secretary of state shall be the same as those required in
s. 66.021 (8) (b).
66.023(11)
(11) Time for bringing action. No action to contest the validity of a cooperative plan under this section or an amendment to a cooperative plan, regardless of the grounds for the action, may be commenced after 60 days from the date on which the department approves the cooperative plan under
sub. (5) or the amendment under
sub. (8), respectively. No action relating to compliance with a binding element of a cooperative plan may be commenced later than 180 days after the failure to comply.
66.024
66.024
Annexation by referendum; court order. As a complete alternative to any other annexation procedure, and subject to
s. 66.023 (7), unincorporated territory which contains electors and is contiguous to a city or village may be annexed thereto in the manner hereafter provided. The definitions in
s. 66.021 (1) shall apply to this section.
66.024(1)(a)(a) The governing body of the city or village to which it is proposed to annex territory shall, by resolution adopted by two-thirds of the members-elect, declare its intention to apply to the circuit court for an order for an annexation referendum, and shall publish the resolution in a newspaper having general circulation in the area proposed to be annexed, as a class 1 notice, under
ch. 985, and shall cause to be made a scale map of such territory showing it in relation to the annexing city or village. The resolution shall contain a description of the territory to be affected, sufficiently accurate to determine its location, the name of the municipalities directly affected and the name and post-office address of the municipal official causing the resolution to be published. The person who causes the resolution to be published shall serve a copy of the resolution together with the scale map upon the clerk of the town or towns from which the territory is to be detached within 5 days of the date of publication of the resolution. Such service may be either by personal service or by registered mail and if by registered mail an affidavit must be on file with the annexing body indicating the date said resolution was mailed. The annexation shall be deemed commenced upon publication of the resolution.
66.024(1)(b)
(b) Application to the circuit court shall be by petition subscribed by the officers designated by the governing body, and shall have attached as a part thereof: the scale map, a certified copy of the resolution of the governing body and an affidavit of the publication and filing required under
par. (a). Such petition shall be filed in the circuit court not less than 30 days but no more than 45 days after the publication of the notice of intention.
66.024(2)
(2) Protest to court by electors; hearing. 66.024(2)(a)(a) If prior to the date set for hearing upon such application, there is filed with the court a petition signed by a number of qualified electors residing in the territory equal to at least a majority of the votes cast for governor in the territory at the last gubernatorial election or the owners of more than one-half of the real property in assessed value in such territory, protesting against the annexation of such territory, the court shall deny the application for an annexation referendum. Whenever a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with
s. 60.74 (6).
66.024(2)(b)
(b) If a petition protesting the annexation is found insufficient the court shall proceed to hear all parties interested for or against the application. The court may in its discretion adjourn such hearing from time to time, direct a survey to be made and refer any question for examination and report thereon. Any town whose territory is involved in the proposed annexation shall, upon application, be a party and entitled to be heard on any matter pertaining thereto.
66.024(3)
(3) Dismissal. If for any reason the proceedings are dismissed, the court may, in its discretion, order entry of judgment against the city or village for such disbursements or any part thereof as have been incurred by the parties opposing the annexation.
66.024(4)
(4) Referendum election; when ordered and held. 66.024(4)(a)(a) If the court, after such hearing, is satisfied as to the correctness of the description of the territory or any survey and that the provisions of this section have been complied with, it shall make an order so declaring and shall direct a referendum election within the territory which shall be described in the order, on the question, whether such area should be annexed. Such order shall direct 3 electors named therein residing in the town in which the territory proposed to be annexed lies, to perform the duties of inspectors of election.
66.024(4)(b)
(b) The referendum election shall be held within 30 days after the entry of the order, in the territory proposed for annexation, by the electors of such territory as provided in
s. 66.021 (5), so far as applicable. The ballots shall contain the words "For Annexation" and "Against Annexation". The certification of the election inspectors shall be filed with the clerk of the court, and the clerk of any municipality involved, but need not be filed or recorded with the register of deeds.
66.024(4)(c)
(c) All costs of the referendum election shall be borne by the petitioning city or village.
66.024(5)(a)(a) If a majority of the votes cast at such referendum election is against annexation, no other proceeding under this section affecting the same territory or part thereof, shall be commenced by the same municipality, until 6 months after the date of the referendum election.
66.024(5)(b)
(b) If a majority of the votes cast at such referendum election is for annexation, the territory shall be annexed to the petitioning city or village upon compliance with
s. 66.021 (8).
66.024(5m)
(5m) Temporary zoning of area proposed to be annexed. An interim zoning ordinance to become effective only upon approval of the annexation at the referendum election may be enacted by the governing body of the city or village. Subject to
s. 59.692 (7), the ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in
s. 62.23 (7) (d). The proposed interim zoning ordinance shall be referred to and recommended by the plan commission prior to introduction. Authority to make such temporary classification shall not be effective when the county zoning ordinance prevails during litigation as provided in
s. 59.69 (7).
66.024(6)
(6) Appeal. Any appeal from the order of the circuit court shall be limited to contested issues determined by such court. Such appeal shall not stay the conduct of the referendum election provided herein, if one is ordered, but the statement of the election results and the copies of the certificate and plat shall not be filed with the secretary of state until the appeal has been determined.
66.024(8)
(8) Territory excepted. This section shall not apply to any territory located in an area for which a certificate of incorporation was issued prior to February 24, 1959, by the secretary of state, even if the incorporation of the territory is later held to be invalid by a court.
66.024 Cross-reference
Cross-reference: See s.
281.43 (1m) for provision authorizing use of this section when the DNR orders sewer service to areas outside municipal limits.
66.024 Annotation
Finding of the trial court that no facts evinced a need of the city to acquire the proposed territory, thereby violating the rule of reason, would not be disturbed where it could be reasonably concluded from the adjudicative facts that (a) the irregular shape and boundaries of the territory were designed arbitrarily and capriciously solely to assure success of the annexation and overcome the opposition of a majority of the electors residing in the towns; (b) reasonable need for the annexation based on the claimed growth of the city and overflow of population into adjoining areas was not established; and (c) aside from a nursing home some 2 miles distant from the city boundary, there was no showing that the proposed annexation area was in need of the city's services which were adequately supplied by the towns. City of Beloit v. Town of Beloit, 47 W (2d) 377, 177 NW (2d) 361.
