66.1001(3)(i)
(i) Extraterritorial plat review within a city's or village's extraterritorial plat approval jurisdiction, as is defined in
s. 236.02 (5).
66.1001(3)(m)
(m) An improvement of a transportation facility that is undertaken under
s. 84.185.
66.1001(3)(s)
(s) Any other ordinance, plan or regulation of a local governmental unit that relates to land use.
66.1001(4)
(4) Procedures for adopting comprehensive plans. A local governmental unit shall comply with all of the following before its comprehensive plan may take effect:
66.1001(4)(a)
(a) The governing body of a local governmental unit shall adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing body and for the governing body to respond to such written comments.
66.1001(4)(b)
(b) The plan commission or other body of a local governmental unit that is authorized to prepare or amend a comprehensive plan may recommend the adoption or amendment of a comprehensive plan only by adopting a resolution by a majority vote of the entire commission. The vote shall be recorded in the official minutes of the plan commission or other body. The resolution shall refer to maps and other descriptive materials that relate to one or more elements of a comprehensive plan. One copy of an adopted comprehensive plan, or of an amendment to such a plan, shall be sent to all of the following:
66.1001(4)(b)1.
1. Every governmental body that is located in whole or in part within the boundaries of the local governmental unit.
66.1001(4)(b)2.
2. The clerk of every local governmental unit that is adjacent to the local governmental unit that is the subject of the plan that is adopted or amended as described in
par. (b) (intro.).
66.1001 Note
NOTE: Subd. 2. is shown as affected by two acts of the 1999 legislature and as merged by the revisor under s. 13.93 (2) (c).
66.1001(4)(b)4.
4. After September 1,
2003, the department of administration.
66.1001(4)(b)5.
5. The regional planning commission in which the local governmental unit is located.
66.1001(4)(b)6.
6. The public library that serves the area in which the local governmental unit is located.
66.1001(4)(c)
(c) No comprehensive plan that is recommended for adoption or amendment under
par. (b) may take effect until the local governmental unit enacts an ordinance that adopts the plan or amendment. The local governmental unit may not enact an ordinance under this paragraph unless the comprehensive plan contains all of the elements specified in
sub. (2). An ordinance may be enacted under this paragraph only by a majority vote of the members-elect, as defined in
s. 59.001 (2m), of the governing body. An ordinance that is enacted under this paragraph, and the plan to which it relates, shall be filed with at least all of the entities specified under
par. (b).
66.1001(4)(d)
(d) No local governmental unit may enact an ordinance under
par. (c) unless the local governmental unit holds at least one public hearing at which the proposed ordinance is discussed. That hearing must be preceded by a class 1 notice under
ch. 985 that is published at least 30 days before the hearing is held. The local governmental unit may also provide notice of the hearing by any other means it considers appropriate. The class 1 notice shall contain at least the following information:
66.1001(4)(d)2.
2. A summary, which may include a map, of the proposed comprehensive plan or amendment to such a plan.
66.1001(4)(d)3.
3. The name of an individual employed by the local governmental unit who may provide additional information regarding the proposed ordinance.
66.1001(4)(d)4.
4. Information relating to where and when the proposed comprehensive plan or amendment to such a plan may be inspected before the hearing, and how a copy of the plan or amendment may be obtained.
66.1001 History
History: 1999 a. 9,
148;
1999 a. 150 s.
74; Stats. 1999 s. 66.1001;
1999 a. 185 s.
57;
1999 a. 186 s.
42; s. 13.93 (2) (c).
66.1003
66.1003
Discontinuance of a public way. 66.1003(1)
(1) In this section, "public way" means all or any part of a road, street, slip, pier, lane or paved alley.
66.1003(2)
(2) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of a public way upon the written petition of the owners of all the frontage of the lots and lands abutting upon the public way sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder of the public way which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as is within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to
s. 80.11.
66.1003(3)
(3) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of an unpaved alley upon the written petition of the owners of more than 50% of the frontage of the lots and lands abutting upon the portion of the unpaved alley sought to be discontinued. The beginning and ending of an unpaved alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to
s. 80.11.
66.1003(4)(a)(a) Notwithstanding
subs. (2) and
(3), proceedings covered by this section may be initiated by the common council or village or town board by the introduction of a resolution declaring that since the public interest requires it, a public way or an unpaved alley is vacated and discontinued. No discontinuance of a public way under this subsection may result in a landlocked parcel of property.
66.1003(4)(b)
(b) A hearing on the passage of a resolution under
par. (a) shall be set by the common council or village or town board on a date which shall not be less than 40 days after the date on which the resolution is introduced. Notice of the hearing shall be given as provided in
sub. (8), except that in addition notice of the hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the public way or unpaved alley sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before the hearing. When service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner's last-known address at least 30 days before the hearing.
66.1003(4)(c)
(c) Except as provided in this paragraph, no discontinuance of the whole or any part of a public way may be ordered under this subsection if a written objection to the proposed discontinuance is filed with the city, village or town clerk by any of the owners abutting on the public way sought to be discontinued or by the owners of more than one-third of the frontage of the lots and lands abutting on the remainder of the public way which lies within 2,650 feet from the ends of the public way proposed to be discontinued or which lies within that portion of the 2,650 feet that is within the corporate limits of the city, village or town. If a written objection is filed, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance. An owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in
ch. 32. The beginning and ending of an alley shall be considered to be within the block in which it is located.
66.1003(4)(d)
(d) No discontinuance of an unpaved alley shall be ordered if a written objection to a proposed discontinuance is filed with the city, village or town clerk by the owner of one parcel of land that abuts the portion of the alley to be discontinued and if the alley provides the only access to off-street parking for the parcel of land owned by the objector.
66.1003(5)
(5) For the purpose of this section, the narrowing, widening, extending or other alteration of any road, street, lane or alley does not constitute a discontinuance of any part of the former road, street, lane or alley, including any right-of-way, which is included within the right-of-way for the new road, street, lane or alley.
66.1003(6)
(6) Whenever any of the lots or lands subject to this section is owned by the state, county, city, village or town, or by a minor or incompetent person, or the title to the lots or lands is held in trust, petitions for discontinuance or objections to discontinuance may be signed by the governor, chairperson of the board of supervisors of the county, mayor of the city, president of the village, chairperson of the town board, guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any private corporation may be made by its president, secretary or other principal officer or managing agent.
66.1003(7)
(7) The city council or village or town board may by resolution discontinue any alley or any portion of an alley which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion of an alley for a period of 5 years next preceding the date of notice provided for in
sub. (8) shall be considered an abandonment for the purpose of this section.
66.1003(8)
(8) Notice stating when and where the petition or resolution under this section will be acted upon and stating what public way or unpaved alley is proposed to be discontinued shall be published as a class 3 notice under
ch. 985.
66.1003(9)
(9) In proceedings under this section,
s. 840.11 shall be considered as a part of the proceedings.
66.1003 History
History: 1973 c. 189 s.
20; Sup. Ct. Order,
67 Wis. 2d 585, 774 (1975);
1975 c. 46;
1993 a. 184,
246,
491;
1995 a. 239;
1999 a. 150 ss.
265,
337 to
343; Stats. 1999 s. 66.1003.
66.1003 Cross-reference
Cross-reference: See s.
236.43 for other provisions for vacating streets.
66.1003 Annotation
The enactment of sub. (2m) did not eliminate any vested rights of abutting property owners. Miller v. City of Wauwatosa,
87 Wis. 2d 676,
275 N.W.2d 876 (1979).
66.1003 Annotation
Who are a property owners with veto rights under sub. (2) (c) is discussed. Voss v. City of Middleton,
162 Wis. 2d 737,
470 N.W.2d 625 (1991).
66.1007
66.1007
Architectural conservancy districts. 66.1007(1)(a)
(a) "Architectural conservancy district" means an area within a municipality consisting of contiguous parcels subject to general real estate taxes, other than railroad rights-of-way.
66.1007(1)(b)
(b) "Board" means an architectural conservancy district board appointed under
sub. (3) (a).
66.1007(1)(c)
(c) "Chief executive officer" means a mayor, city manager, village president or town chairperson.
66.1007(1)(cm)
(cm) "Historic property" means any building or structure that is any of the following:
66.1007(1)(cm)1.
1. Listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places.
66.1007(1)(cm)2.
2. Included in a district that is listed on, or has been nominated by the state historical society for listing on, the national register of historic places in Wisconsin or the state register of historic places, and has been determined by the state historical society to contribute to the historic significance of the district.
66.1007(1)(cm)3.
3. Included on a list of properties that have been determined by the state historical society to be eligible for listing on the national register of historic places in Wisconsin or the state register of historic places.
66.1007(1)(d)
(d) "Local legislative body" means a common council, village board of trustees or town board of supervisors.
66.1007(1)(f)
(f) "Operating plan" means a plan that is adopted or amended under this section for the development, redevelopment, maintenance, operation and promotion of an architectural conservancy district and that includes all of the following:
66.1007(1)(f)1.
1. The special assessment method applicable to the architectural conservancy district.
66.1007(1)(f)2.
2. The kind, number and location of all proposed expenditures within the architectural conservancy district.
66.1007(1)(f)3.
3. A description of the methods of financing all estimated expenditures and the time when related costs will be incurred.
66.1007(1)(f)4.
4. A description of how the creation of the architectural conservancy district promotes the orderly development of the municipality, including its relationship to any municipal master plan.
66.1007(1)(g)
(g) "Planning commission" means a plan commission under
s. 62.23 or, if one does not exist, a board of public land commissioners or, if neither exists, a planning committee of the local legislative body.
66.1007(2)
(2) A municipality may create an architectural conservancy district and adopt its operating plan if all of the following are met:
66.1007(2)(a)
(a) An owner of real property located in the proposed architectural conservancy district designated under
par. (b) petitions the municipality for creation of an architectural conservancy district.
66.1007(2)(am)
(am) At least 50% of the properties included within the proposed architectural conservancy district are historic properties.
66.1007(2)(b)
(b) The planning commission designates a proposed architectural conservancy district and adopts its proposed initial operating plan.
66.1007(2)(c)
(c) At least 30 days before the creation of the architectural conservancy district and adoption of its initial operating plan by the municipality, the planning commission holds a public hearing on the proposed architectural conservancy district and initial operating plan. Notice of the hearing shall be published as a class 2 notice under
ch. 985. Before publication of the notice, a copy of that notice, a copy of the proposed initial operating plan and a copy of a detail map showing the boundaries of the proposed architectural conservancy district shall be sent by certified mail to all owners of real property within the proposed architectural conservancy district. The notice shall state the boundaries of the proposed architectural conservancy district and shall indicate that copies of the proposed initial operating plan are available on request from the planning commission.
66.1007(2)(d)
(d) Within 30 days after the hearing under
par. (c), the owners of property to be assessed under the proposed initial operating plan having a valuation equal to more than 40% of the valuation of all property to be assessed under the proposed initial operating plan, using the method of valuation specified in the proposed initial operating plan, or the owners of property to be assessed under the proposed initial operating plan having an assessed valuation equal to more than 40% of the assessed valuation of all property to be assessed under the proposed initial operating plan, have not filed a petition with the planning commission protesting the proposed architectural conservancy district or its proposed initial operating plan.
66.1007(2)(e)
(e) The local legislative body votes to adopt the proposed initial operating plan for the municipality.
66.1007(3)(a)(a) The chief executive officer shall appoint members to an architectural conservancy district board to implement the operating plan. Board members shall be confirmed by the local legislative body and shall serve staggered terms designated by the local legislative body. The board shall have at least 5 members. A majority of board members shall own or occupy real property in the architectural conservancy district.
66.1007(3)(b)
(b) The board shall annually consider and may make changes to the operating plan, which may include termination of the plan, for its architectural conservancy district. The board shall then submit the operating plan to the local legislative body for its approval. If the local legislative body disapproves the operating plan, the board shall consider and may make changes to the operating plan and may continue to resubmit the operating plan until local legislative body approval is obtained. Any change to the special assessment method applicable to the architectural conservancy district shall be approved by the local legislative body.
66.1007(3)(c)
(c) The board shall prepare and make available to the public annual reports describing the current status of the architectural conservancy district, including expenditures and revenues. The report shall include an independent certified audit of the implementation of the operating plan that shall be obtained by the municipality. The municipality shall obtain an additional independent certified audit upon termination of the architectural conservancy district.
66.1007(3)(d)
(d) Either the board or the municipality, as specified in the operating plan as adopted, or as amended and approved under
par. (b), shall have all powers necessary or convenient to implement the operating plan, including the power to contract.
66.1007(4)
(4) All special assessments received from an architectural conservancy district, all other appropriations by the municipality and all other moneys received for the benefit of the architectural conservancy district shall be placed in a segregated account in the municipal treasury. No disbursements from the account may be made except to reimburse the municipality for appropriations other than special assessments, to pay the costs of audits required under
sub. (3) (c) or on order of the board for the purpose of implementing the operating plan. On termination of the architectural conservancy district by the municipality, all moneys collected by special assessment that remain in the account shall be disbursed to the owners of specially assessed property in the architectural conservancy district in the same proportion as the last collected special assessment.
66.1007(5)
(5) A municipality shall terminate an architectural conservancy district if the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, file a petition with the planning commission requesting termination of the architectural conservancy district, subject to all of the following conditions:
66.1007(5)(a)
(a) A petition may not be filed under this subsection earlier than one year after the date on which the municipality first adopts the operating plan for the architectural conservancy district.
66.1007(5)(b)
(b) On and after the date on which a petition is filed under this subsection, neither the board nor the municipality may enter into any new obligations by contract or otherwise to implement the operating plan until 30 days after the date of hearing under
par. (c) and unless the architectural conservancy district is not terminated under
par. (e).
66.1007(5)(c)
(c) Within 30 days after the filing of a petition under this subsection, the planning commission shall hold a public hearing on the proposed termination. Notice of the hearing shall be published as a class 2 notice under
ch. 985. Before publication of the notice, a copy of that notice, a copy of the operating plan and a copy of a detail map showing the boundaries of the architectural conservancy district shall be sent by certified mail to all owners of real property within the architectural conservancy district. The notice shall state the boundaries of the architectural conservancy district and shall indicate that copies of the operating plan are available on request from the planning commission.
66.1007(5)(d)
(d) Within 30 days after the hearing held under
par. (c), every owner of property assessed under the operating plan may send written notice to the planning commission indicating, if the owner signed a petition under this subsection, that the owner retracts the owner's request to terminate the architectural conservancy district or, if the owner did not sign the petition, that the owner requests termination of the architectural conservancy district.
66.1007(5)(e)
(e) If on the 31st day after the hearing held under
par. (c), the owners of property assessed under the operating plan having a valuation equal to more than 50% of the valuation of all property assessed under the operating plan, using the method of valuation specified in the operating plan, or the owners of property assessed under the operating plan having an assessed valuation equal to more than 50% of the assessed valuation of all property assessed under the operating plan, after adding subsequent notifications under
par. (d) and after subtracting any retractions under
par. (d), have requested the termination of the architectural conservancy district, the municipality shall terminate the architectural conservancy district on the date that the obligation with the latest completion date entered into to implement the operating plan expires.
66.1007(6)(a)(a) A municipality may terminate an architectural conservancy district at any time.
66.1007(6)(b)
(b) This section does not limit the authorities of a municipality to regulate the use of or specially assess real property.
