60.23(23)
(23) Power to prohibit certain conduct. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that prohibit conduct which is the same as or similar to that prohibited by
chs. 941 to
948, except as provided in
s. 66.0107 (3).
60.23(25)
(25) Self-insured health plans. Provide health care benefits to its officers and employees on a self-insured basis, subject to
s. 66.0137 (4).
60.23(27)
(27) Town housing authorities, blighted areas. Engage in certain housing and redevelopment activities. The provisions of
ss. 66.1201 to
66.1211,
66.1301 to
66.1329,
66.1331 to
66.1333 and
66.1335, except the provisions of
s. 66.1201 (10) and any other provisions that conflict with statutes relating to towns and town boards, apply to towns, and the powers and duties conferred and imposed by
ss. 66.1201 to
66.1211,
66.1301 to
66.1329,
66.1331 to
66.1333 and
66.1335, except the powers and duties conferred and imposed by
s. 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards, upon mayors, common councils and specified city officials are conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of the specified city officials and common councils respectively. Any town housing authorities created under this subsection may participate in any state grants-in-aid for housing in the same manner as city housing authorities created under
ss. 66.1201 to
66.1211.
60.23(28)
(28) Safety buildings. Construct, acquire, equip, furnish, operate and maintain a safety building. The provisions of
s. 66.0925, as they apply to cities, shall apply to towns, and the powers and duties conferred and imposed by
s. 66.0925 upon mayors, common councils and specified city officials are hereby conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of such specified city officials and common councils respectively, except those provisions or powers that conflict with statutes relating to towns and town boards.
60.23(29)
(29) Billboard regulation. Enact and enforce an ordinance, and provide a forfeiture for a violation of the ordinance, that regulates the maintenance and construction of billboards and other similar structures on premises abutting on highways in the town that are maintained by the town or by the county in which the town is located so as to promote the safety of public travel on the highways.
60.23(30)
(30) Riding horses, dogs running at large. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate riding horses and commercial stables under
s. 59.54 (19) or to regulate dogs running at large under
s. 59.54 (20).
60.23(31)
(31) Unified local transportation system. Cooperate with a county under
s. 59.58 (2) (j) in the establishment of a comprehensive unified local transportation system, as defined in
s. 59.58 (2) (c) 2.
60.23(32)(a)(a) Subject to
s. 66.1105 (16), exercise all powers of cities under
s. 66.1105. If the town board exercises the powers of a city under
s. 66.1105, it is subject to the same duties as a common council under
s. 66.1105 and the town is subject to the same duties and liabilities as a city under
s. 66.1105.
60.23(32)(b)1.1. In this paragraph, “
town" means the town of Brookfield in Waukesha County, the town of Somers in Kenosha County, or the town of Freedom in Outagamie County.
60.23(32)(b)2.
2. Subject to
subd. 3., a town may exercise all powers of cities under
s. 66.1105 to create a tax incremental district. If the town board exercises the powers of a city under
s. 66.1105, it is subject to the same duties as a common council under
s. 66.1105 and the town is subject to the same duties and liabilities as a city under
s. 66.1105.
60.23(32)(b)3.a.a. If a town creates a tax incremental district under
s. 60.85, the town may not take any action with regard to that district except by acting under
s. 60.85.
60.23(32)(b)3.b.
b. If a town creates a tax incremental district under
par. (a), the town may not take any action with regard to that district except by acting under
par. (a).
60.23(32)(c)
(c) If any part of a tax incremental district that is created as provided under
par. (b) 2. is annexed by a city or village, any assets or liabilities associated with that annexed territory, including a proportional share of any bonds or other debt associated with the district, shall become the responsibility of the annexing city or village.
60.23(32)(d)
(d) If after January 1 a city or village annexes any part of a tax incremental district that is created as provided under
par. (b) 2., the department of revenue shall redetermine the tax incremental base of the district by subtracting from the tax incremental base the value of the taxable property that is annexed from the existing district as of the following January 1, and if the annexation becomes effective on January 1 of any year, the redetermination shall be made as of that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this paragraph and
par. (b) only if it is less than the original tax incremental base determined under
s. 66.1105 (5) (a).
60.23(32)(eg)1.b.
b. “Sewer service area" means territory specified in the sewer service area provisions of an areawide water quality management plan under
s. 283.83 approved by the department.
60.23(32)(eg)1.c.
c. “Town" means a town in which the equalized value of all taxable property in the town, in the year before the year in which the town adopts a resolution under
s. 66.1105 (4) (gm), is at least $500 million, and the town's population, in the year before the year in which the town adopts a resolution under
s. 66.1105 (4) (gm), is at least 3,500.
60.23(32)(eg)2.
2. Subject to
subd. 3. and
par. (f), a town with a population of at least 3,500 may exercise all powers of cities under
s. 66.1105 to create a tax incremental district if the boundaries of the proposed district are within a sewer service area and sewer service is either currently extended to the proposed district or will be provided to the proposed district before the use or operation of any improvements to real property in the proposed district begins and the sewage treatment is provided by a wastewater treatment facility that complies with
ch. 283. If the town board exercises the powers of a city under
s. 66.1105, it is subject to the same duties as a common council under
s. 66.1105 and the town is subject to the same duties and liabilities as a city under
s. 66.1105.
60.23(32)(eg)3.a.a. If a town creates a tax incremental district under
s. 60.85, the town may not take any action with regard to that district except by acting under
s. 60.85.
60.23(32)(eg)3.b.
b. If a town creates a tax incremental district under
par. (a), the town may not take any action with regard to that district except by acting under
par. (a).
60.23(32)(em)
(em) If any part of a tax incremental district that is created as provided under
par. (eg) 2. is annexed by a city or village, any assets or liabilities associated with that annexed territory, including a proportional share of any bonds or other debt associated with the district, shall become the responsibility of the annexing city or village.
60.23(32)(er)
(er) If after January 1 a city or village annexes any part of a tax incremental district that is created as provided under
par. (eg) 2., the department of revenue shall redetermine the tax incremental base of the district by subtracting from the tax incremental base the value of the taxable property that is annexed from the existing district as of the following January 1, and if the annexation becomes effective on January 1 of any year, the redetermination shall be made as of that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this paragraph and
par. (eg) only if it is less than the original tax incremental base determined under
s. 66.1105 (5) (a).
60.23(32)(f)1.1. Before a town board may approve a project plan under
s. 66.1105 (4) (g), the town board must ensure that the project plan specifies at least one of the items listed in
subd. 2. The starting point for determining a tax incremental district's remaining life, under
subd. 2. b. and
c., is the date on which the district is created, as described in
s. 66.1105 (4) (gm) 2.
60.23(32)(f)2.a.
a. With regard to the total value of public infrastructure improvements in the district, at least 51 percent of the value of such improvements must be financed by a private developer, or other private entity, in return for the town's agreement to repay the developer or other entity for those costs solely through the payment of cash grants as described in
s. 66.1105 (2) (f) 2. d. To receive the cash grants, the developer or other private entity must enter into a development agreement with the town as described in
s. 66.1105 (2) (f) 2. d.
60.23(32)(f)2.b.
b. The town expects all project costs to be paid within 90 percent of the proposed tax incremental district's remaining life, based on the district's termination date as calculated under
s. 66.1105 (7) (ak) to
(au).
60.23(32)(f)2.c.
c. Expenditures may be made only within the first half of the proposed tax incremental district's remaining life, based on the district's termination date as calculated under
s. 66.1105 (7) (ak) to
(au), except that expenditures may be made after this period if the expenditures are approved by a unanimous vote of the joint review board. No expenditure under this
subd. 2. c. may be made later than the time during which an expenditure may be made under
s. 66.1105 (6) (am).
60.23(33)
(33) Comprehensive plan. Adopt or amend a master plan under
s. 62.23.
60.23(34)
(34) Town withdrawal from county zoning. 60.23(34)(a)(a) Subject to
pars. (b) and
(c), after December 31, 2016, and before January 1, 2018, and during the one-year period every 3 years after January 1, 2017, enact an ordinance withdrawing the town from coverage of a county zoning ordinance that had previously been approved under
s. 59.69 (5) (c) and from coverage by a county development plan that has been enacted under
s. 59.69 (3) (a), except that a town board may act under this paragraph only if the town is located in a county with a population on January 1, 2016, of at least 485,000.
60.23(34)(b)
(b) Subject to
pars. (c) and
(d), an ordinance enacted under
par. (a) may not take effect until all of the following occur:
60.23(34)(b)1.
1. Not later than 180 days before enacting an ordinance under
par. (a), the town notifies the county clerk and one or more officials of every other town in the county, in writing, of the town's intent to enact an ordinance under
par. (a).
60.23(34)(b)2.
2. The town enacts a zoning ordinance under
s. 60.62, a comprehensive plan under
s. 66.1001, and an official map under
s. 62.23 (6), and the town sends certified copies of such documents to the county clerk.
60.23(34)(b)3.
3. The ordinance enacted under
par. (a) is approved either at the annual town meeting or in a referendum called by the town board for that purpose at the next spring or general election, to be held not sooner than 70 days after the referendum is called by the town board.
60.23(34)(c)1.1. The zoning ordinance that the town enacts under
s. 60.62 must be essentially identical to either the county zoning ordinance that is in effect when the town issues the written notification described in
par. (b) 1., or to the model ordinance described in
subd. 2. A town that enacts an ordinance that is essentially identical to the county ordinance may amend the ordinance, but only to the extent that the amendment relates to the location of district boundaries, by following the procedures specified in
s. 60.62.
60.23(34)(c)2.
2. All towns in a county that issue a written notification described in
par. (b) 1. shall work together to develop a model zoning ordinance. The model ordinance may be recommended for enactment by a majority vote of the towns that participate in drafting the model ordinance in that county. Once the model ordinance is recommended, a town may enact the ordinance under
s. 60.62. The model ordinance may be amended by a majority vote of the towns that have enacted the model ordinance in that county, except that if an amendment affects only the location of district boundaries, each town may unilaterally enact such an amendment.
60.23(34)(c)3.
3. A town which enacts either an ordinance that is essentially identical to a county ordinance, as described in
subd. 1., or a model ordinance, as described in
subd. 2., may switch from having one type of ordinance apply in the town to having the other type of ordinance apply in the town, except that a town may make such a switch not more than once every 3 years, and the switch may occur only during the one-year periods described in
par. (a).
60.23(34)(c)4.
4. The zoning ordinance that the town enacts under
s. 60.62 may not prohibit the continued use of any building, premises, structure, or land that is lawful under the county zoning ordinance that is in effect when the town issues the written notification described in
par. (b) 1. With regard to the continued nonconforming use of any building, premises, structure, or land that is lawful under that county zoning ordinance, the town ordinance may not prohibit the nonconforming use even if the building, premises, structure, or land is not in continuous use.
60.23(34)(d)
(d) A zoning ordinance enacted under
s. 60.62, a comprehensive plan enacted under
s. 66.1001, and an official map established under
s. 62.23 (6), that are enacted in conjunction with an ordinance enacted under
par. (a), shall all take effect on the first day of the 3rd month beginning after certified copies of the documents are sent to the county clerk under
par. (b) 2.
60.23 History
History: 1983 a. 532;
1985 a. 316 s.
25;
1987 a. 205;
1989 a. 121,
197,
276,
359;
1991 a. 28,
296;
1993 a. 105,
246,
456;
1995 a. 27 ss.
3300m,
9116 (5);
1995 a. 77,
201,
289,
448;
1997 a. 27,
111,
155,
237;
1999 a. 115;
1999 a. 150 ss.
8,
9,
672;
2001 a. 16;
2003 a. 214;
2005 a. 13,
116;
2007 a. 42;
2009 a. 42,
372;
2011 a. 32;
2013 a. 50,
51,
151,
193;
2015 a. 178,
181;
2015 a. 195 s.
82.
60.23 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
60.23 Annotation
One who deals with a municipality does so at his or her own risk and may be subject to any provisions of law that might prevent him or her from being paid by a municipality even though the services are rendered. Unless the power to bind the municipality financially has been specifically delegated, the only entity with the statutory authority to contract is the municipality. Holzbauer v. Safway Steel Products, Inc.
2005 WI App 240,
288 Wis. 2d 250,
712 N.W.2d 35,
04-2058.
60.23 Annotation
Sub. (1) applies to joint undertakings involving a regional project. It did not apply to authorization for building a fire station by a town that provided fire protection through a cooperative arrangement with another town when each town was responsible for furnishing and maintaining its own current fire station and there is nothing in the authorizing resolution that provided for any involvement by the joint fire board in decisions about additional fire stations. The decision to build was subject to town meeting authorization under s. 60.10 (2) (e) and (f). Town of Clayton v. Cardinal Construction Company, Inc.
2009 WI App 54,
317 Wis. 2d 424,
767 N.W.2d 605,
08-1793.
60.23 Annotation
While sub. (28) permits a town board to construct or acquire a safety building, when read in its entirety, its application is reasonably limited to the construction of joint county-city safety buildings. Sub. (28) extends the provisions of s. 66.0925, as they apply to cities, to towns, and s. 66.0925 addresses county-city safety buildings, or joint safety buildings. Town of Clayton v. Cardinal Construction Company, Inc.
2009 WI App 54,
317 Wis. 2d 424,
767 N.W.2d 605,
08-1793.
60.23 Annotation
A county has the authority under both s. 59. 69 (1) and (4) and s. 59.70 (22) to enact ordinances regulating billboards and other similar structures. When a town approves a county zoning ordinance under s. 59. 69 (5) (c) that includes a billboard ordinance, the town's billboard ordinance adopted under sub. (29) does not preempt a county's authority to regulate billboards in that town. Adams Outdoor Advertising, L.P. v. County of Dane,
2012 WI App 28,
340 Wis. 2d 175,
811 N.W.2d 421,
10-0178.
60.24
60.24
Powers and duties of town board chairperson. 60.24(1)(1)
General powers and duties. The town board chairperson shall:
60.24(1)(a)
(a)
Preside at board meetings. Preside over meetings of the town board.
60.24(1)(b)
(b)
Preside at town meetings. Preside over town meetings as provided under
s. 60.13.
60.24(1)(c)1.1. Sign all ordinances, resolutions, bylaws, orders, regulations, commissions, licenses and permits adopted or authorized by the town board unless the town board, by ordinance, authorizes another officer to sign specific types of documents in lieu of the chairperson. The board, by ordinance, may authorize use of a facsimile signature under this paragraph.
60.24(1)(d)
(d)
Assure administration of statutes. Supervise the administration of statutes relating to the town and town operations to see that they are faithfully executed.
60.24(1)(e)
(e)
Act on behalf of board. Act, on behalf of the town board, to:
60.24(1)(e)2.
2. See that peace and order are maintained in the town.
60.24(1)(e)3.
3. Obtain necessary assistance, if available, in case of emergency, except as provided under
ch. 323.
60.24(1)(f)
(f)
Act on authorization of board. If authorized by the town board, act on behalf of the board, to:
60.24(1)(f)1.
1. Direct, as appropriate, the solicitation of bids and quotations for the town's purchase of equipment, materials and services and submit the bids and quotations to the town board for approval.
60.24(1)(f)2.
2. Represent, or designate another officer to represent, the town at meetings of, and hearings before, governmental bodies on matters affecting the town.
60.24(2)
(2) Administer oaths. The town board chairperson may administer oaths and affidavits on all matters pertaining to the affairs of the town.
60.24(3)
(3) Other responsibilities. In addition to the powers and duties under this section, the town board chairperson has the following responsibilities:
60.24(3)(a)
(a) Nominate individuals for service as election officials to the town board whenever the town board disapproves the nominee of a party committee under
s. 7.30 (4) and the names of additional nominees are not available.
60.24(3)(d)
(d) Execute and sign a certificate of indebtedness in connection with obtaining a state trust fund loan under
s. 24.67.
60.24(3)(h)
(h) Exercise the powers and duties specified for a mayor under
s. 62.13 if the town creates a joint board of police and fire commissioners or joint police or fire department with a village under
s. 61.65 (3g) (d) 2. or a board of police and fire commissioners under
s. 60.57.
60.24(3)(i)
(i) Provide an annual estimate of funds necessary for any utility district established under
s. 66.0827 (2).
60.24(3)(j)
(j) Appoint, at his or her discretion, one or more commissioners of noxious weeds under
s. 66.0517.
60.24(3)(L)
(L) If authorized by the town board, represent the interests of the town in connection with appearances before the state tax appeals commission under
s. 70.64 (5).
60.24(3)(m)
(m) Approve the bond of the town treasurer delivered to the county treasurer under
s. 70.67 (1).
60.24(3)(o)
(o) Sign orders for payment of work performed and materials furnished on town highways.
60.24(3)(p)
(p) See that all tunnels in the town are constructed under
s. 82.37 and that they are kept in good repair.
60.24(3)(r)
(r) Close county trunk highways when rendered dangerous for travel and notify the highway commissioner under
s. 83.09.
60.24(3)(w)
(w) Perform the town chairperson's duties related to stray animals and lost goods under
ch. 170.
