66.1105(4)
(4) Creation of tax incremental districts and approval of project plans. In order to implement the provisions of this section, the following steps and plans are required:
66.1105(4)(a)
(a) Holding of a public hearing by the planning commission at which interested parties are afforded a reasonable opportunity to express their views on the proposed creation of a tax incremental district and the proposed boundaries of the district. Notice of the hearing shall be published as a class 2 notice, under
ch. 985. Before publication, a copy of the notice shall be sent by first class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property located within the proposed district and to the school board of any school district which includes property located within the proposed district. For a county with no chief executive officer or administrator, notice shall be sent to the county board chairperson.
66.1105(4)(b)
(b) Designation by the planning commission of the boundaries of a tax incremental district recommended by it and submission of the recommendation to the local legislative body.
66.1105(4)(c)
(c) Identification of the specific property to be included under
par. (gm) 4. as blighted 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).
66.1105(4)(d)
(d) Preparation and adoption by the planning commission of a proposed project plan for each tax incremental district.
66.1105(4)(e)
(e) At least 14 days before adopting a resolution under
par. (gm), holding of a public hearing by the planning commission at which interested parties are afforded a reasonable opportunity to express their views on the proposed project plan. The hearing may be held in conjunction with the hearing provided for in
par. (a). If the city anticipates that the proposed project plan's project costs may include cash grants made by the city to owners, lessees, or developers of land that is located within the tax incremental district, the hearing notice shall contain a statement to that effect. Notice of the hearing shall be published as a class 2 notice, under
ch. 985. The notice shall include a statement advising that a copy of the proposed project plan will be provided on request. Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For a county with no chief executive officer or administrator, notice shall be sent to the county board chairperson.
66.1105(4)(f)
(f) Adoption by the planning commission of a project plan for each tax incremental district and submission of the plan to the local legislative body. The plan shall include a statement listing the kind, number and location of all proposed public works or improvements within the district or, to the extent provided in
sub. (2) (f) 1. k. and
1. n., outside the district, an economic feasibility study, a detailed list of estimated project costs, and a description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations are to be incurred. The plan shall also include a map showing existing uses and conditions of real property in the district; a map showing proposed improvements and uses in the district; proposed changes of zoning ordinances, master plan, if any, map, building codes and city ordinances; a list of estimated nonproject costs; and a statement of the proposed method for the relocation of any persons to be displaced. The plan shall indicate how creation of the tax incremental district promotes the orderly development of the city. The city shall include in the plan an opinion of the city attorney or of an attorney retained by the city advising whether the plan is complete and complies with this section.
66.1105(4)(g)
(g) Approval by the local legislative body of a project plan prior to or concurrent with the adoption of a resolution under
par. (gm). The approval shall be by resolution which contains findings that the plan is feasible and in conformity with the master plan, if any, of the city.
66.1105(4)(gm)
(gm) Adoption by the local legislative body of a resolution which:
66.1105(4)(gm)1.
1. Describes the boundaries, which may, but need not, be the same as those recommended by the planning commission, of a tax incremental district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the district. The boundaries of the tax incremental district may not include any annexed territory that was not within the boundaries of the city on January 1, 2004, unless at least 3 years have elapsed since the territory was annexed by the city, unless the city enters into a cooperative plan boundary agreement, under
s. 66.0301 (6) or
66.0307, with the town from which the territory was annexed, or unless the city and town enter into another kind of agreement relating to the annexation except that, notwithstanding these conditions, the city may include territory that was not within the boundaries of the city on January 1, 2004, if the city pledges to pay the town an amount equal to the property taxes levied on the territory by the town at the time of the annexation for each of the next 5 years. If, as the result of a pledge by the city to pay the town an amount equal to the property taxes levied on the territory by the town at the time of the annexation for each of the next 5 years, the city includes territory in a tax incremental district that was not within the boundaries of the city on January 1, 2004, the city's pledge is enforceable by the town from which the territory was annexed. The boundaries shall include only those whole units of property as are assessed for general property tax purposes. For a tax incremental district created before March 3, 2016, property standing vacant for an entire 7-year period immediately preceding adoption of the resolution creating a tax incremental district may not comprise more than 25 percent of the area in the tax incremental district, unless the tax incremental district is suitable under
subd. 4. a. for either industrial sites or mixed use development and the local legislative body implements an approved project plan to promote industrial development within the meaning of
s. 66.1101 if the district has been designated as suitable for industrial sites, or mixed-use development if the district has been designated as suitable for mixed-use development. In this subdivision, “vacant property" includes property where the fair market value or replacement cost value of structural improvements on the parcel is less than the fair market value of the land. In this subdivision, “vacant property" does not include property acquired by the local legislative body under
ch. 32, property included within the abandoned Park East freeway corridor or the abandoned Park West freeway corridor in Milwaukee County, or property that is contaminated by environmental pollution, as defined in
s. 66.1106 (1) (d).
66.1105(4)(gm)2.
2. Creates the district as of a date provided in the resolution. If the resolution is adopted during the period between January 2 and September 30, then the date shall be the next preceding January 1. If the resolution is adopted during the period between October 1 and December 31, then the date shall be the next subsequent January 1. If the resolution is adopted on January 1, the district is created on that January 1.
66.1105(4)(gm)3.
3. Assigns a name to the district for identification purposes. The first district created shall be known as “Tax Incremental District Number One, City of ...." and the first district created under
sub. (18) shall be known as “Multijurisdictional District Number One, City of ...". Each subsequently created district shall be assigned the next consecutive number.
66.1105(4)(gm)4.a.
a. 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
66.1105(4)(gm)4.b.
b. The improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the district. It is not necessary to identify the specific parcels meeting the criteria; and
66.1105(4)(gm)4.bm.
bm. The project costs relate directly to eliminating blight, directly serve to rehabilitate or conserve the area or directly serve to promote industrial development, consistent with the purpose for which the tax incremental district is created under
subd. 4. a.; and
66.1105(4)(gm)4.c.
c. Except as provided in
subs. (10) (c),
(16) (d),
(17), and
(18) (c) 3., the equalized value of taxable property of the district plus the value increment of all existing districts does not exceed 12 percent of the total equalized value of taxable property within the city. In determining the equalized value of taxable property under this
subd. 4. c. or
sub. (17) (c), the department of revenue shall base its calculations on the most recent equalized value of taxable property of the district that is reported under
s. 70.57 (1m) before the date on which the resolution under this paragraph is adopted. If the department of revenue determines that a local legislative body exceeds the 12 percent limit described in this
subd. 4. c. or
sub. (17) (c), the department shall notify the city of its noncompliance, in writing, not later than December 31 of the year in which the department receives the completed application or amendment forms described in
sub. (5) (b).
66.1105(4)(gm)5.
5. If the district is declared to be an industrial district under
subd. 6., confirms that any real property within the district that is found suitable for industrial sites and is zoned for industrial use under
subd. 4. a. will remain zoned for industrial use for the life of the tax incremental district.
66.1105(4)(gm)6.
6. Declares that the district is a blighted area district, a rehabilitation or conservation district, an industrial 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. If the district is not exclusively blighted, rehabilitation or conservation, industrial, 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.
66.1105(4)(gs)
(gs) Review by a joint review board, acting under
sub. (4m), that results in its approval of the resolution under
par. (gm).
66.1105(4)(h)1.1. Subject to
subds. 2.,
4.,
5., and
6., the planning commission may, by resolution, adopt an amendment to a project plan. The amendment is subject to approval by the local legislative body and approval requires the same findings as provided in
par. (g) and, if the amendment adds territory to a district under
subd. 2., approval also requires the same findings as provided in
par. (gm) 4. c. Any amendment to a project plan is also subject to review by a joint review board, acting under
sub. (4m). Adoption of an amendment to a project plan shall be preceded by a public hearing held by the plan commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 1 notice, under
ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.
66.1105(4)(h)2.
2. Except as provided in
subds. 4.,
5.,
7.,
8.,
9.,
10., and
11., the planning commission may adopt an amendment to a project plan under
subd. 1. to modify the district's boundaries, not more than 4 times during the district's existence, by subtracting territory from the district in a way that does not remove contiguity from the district or by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan. A single amendment to a project plan that both adds and subtracts territory shall be counted under this subdivision as one amendment of a project plan.
66.1105(4)(h)4.
4. With regard to a village that has a population of less than 10,000, was incorporated in 1914 and is located in a county that has a population of less than 25,000 and that contains a portion of the Yellow River and the Chequamegon Waters Flowage, not more than once during the 11 years after the tax incremental district is created, the planning commission may adopt an amendment to a project plan under
subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is to be served by public works or improvements that were created as part of the district's project plan. Expenditures for project costs that are incurred because of an amendment to a project plan to which this subdivision applies may be made for not more than 5 years after the date on which the local legislative body adopts a resolution amending the project plan.
66.1105(4)(h)5.
5. With regard to a city that has a population of at least 80,000 that was incorporated in 1850 and that is in a county with a population of less than 175,000 that is adjacent to one of the Great Lakes, the planning commission may adopt an amendment to a project plan under
subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan not more than once during the expenditure period specified in
sub. (6) (am) 1. for a district that is located in a city to which
sub. (6) (d) applies, except that in no case may expenditures for project costs that are incurred because of an amendment to a project plan that is authorized under this subdivision be made later than 17 years after the district is created. This subdivision does not apply to a tax incremental district that is created after January 1, 2004.
66.1105(4)(h)6.
6. Notwithstanding
subd. 1., a project plan shall be considered to have been amended, without compliance with any of the procedures required under
subd. 1., if the only change to the project plan is the extension of the period during which expenditures may be made under
sub. (6) (am) 1., as authorized under that subdivision by a provision of state law that takes effect after a tax incremental district's project plan is first adopted under
par. (f).
66.1105(4)(h)7.
7. If the department of revenue, acting under
sub. (5) (dm), makes a determination that any of the conditions listed in
sub. (5) (de) apply, a planning commission may amend its project plan to ensure that, with regard to that mixed-use district, the percentage of lands proposed for newly platted residential use does not exceed the percentage specified in
sub. (2) (cm), or that at least one of the conditions specified in
sub. (2) (f) 3. a. to
c. applies, even if such an amendment to a project plan would exceed the number of amendments allowed under
subd. 2.
66.1105(4)(h)8.
8. Notwithstanding the limitation in
subd. 2., the planning commission in the village of Pleasant Prairie may adopt an amendment to a project plan under
subd. 1. to modify the boundaries of tax incremental district number 2 not more than 6 times during the district's existence. A single amendment to a project plan that both adds and subtracts territory shall be counted under this subdivision as one amendment of a project plan.
66.1105(4)(h)9.
9. Notwithstanding the limitation in
subd. 2., the planning commission in the city of Middleton may adopt an amendment to a project plan under
subd. 1. to modify the boundaries of Tax Incremental District Number 3 not more than 7 times during the district's existence. A single amendment to a project plan that both adds and subtracts territory shall be counted under this subdivision as one amendment of a project plan.
66.1105(4)(h)10.
10. Notwithstanding the limitation in
subd. 2., the planning commission in the city of Wausau may adopt an amendment to a project plan under
subd. 1. to modify the boundaries of Tax Incremental District Number 3 not more than 5 times during the district's existence. A single amendment to a project plan that both adds and subtracts territory shall be counted under this subdivision as one amendment of a project plan.
66.1105(4)(h)11.
11. Notwithstanding the limitation in
subd. 2., the planning commission may at any time during the district's existence, by resolution, adopt an amendment to a project plan under
subd. 1., to modify the district's boundaries by subtracting territory from the district in a way that does not remove contiguity from the district or by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan if during the district's existence, the annual and total amount of tax increments to be generated over the life of the district are adversely impacted by
2013 Wisconsin Act 145.
66.1105(4)(i)
(i) The local legislative body shall provide the joint review board with the following information and projections:
66.1105(4)(i)1.
1. The specific items that constitute the project costs, the total dollar amount of these project costs to be paid with the tax increments, and the amount of tax increments to be generated over the life of the tax incremental district.
66.1105(4)(i)2.
2. The amount of the value increment when the project costs in
subd. 1. are paid in full and the tax incremental district is terminated.
66.1105(4)(i)3.
3. The reasons why the project costs in
subd. 1. may not or should not be paid by the owners of property that benefits by improvements within the tax incremental district.
66.1105(4)(i)4.
4. The share of the projected tax increments in
subd. 1. estimated to be paid by the owners of taxable property in each of the taxing jurisdictions overlying the tax incremental district.
66.1105(4)(i)5.
5. The benefits that the owners of taxable property in the overlying taxing jurisdictions will receive to compensate them for their share of the projected tax increments in
subd. 4.
66.1105(4e)
(4e) Distressed, or severely distressed, tax incremental districts. 66.1105(4e)(a)(a) Before October 1, 2015, and subject to
par. (am) and the limitations in this subsection, a city may designate a tax incremental district that it created before October 1, 2008, as a distressed or severely distressed tax incremental district if all of the following occur or apply:
66.1105(4e)(a)1.
1. The local legislative body adopts a resolution finding that its project costs incurred, with regard to the tax incremental district, exceed the amount of revenues from all sources that the city expects the district to generate to pay off such project costs during the life of the district.
66.1105(4e)(a)2.
2. The clerk of the local legislative body certifies the resolution and forwards a copy of the certified resolution and a copy of all of the financial data that the local legislative body used in the adoption process under
subd. 1. to the department of revenue and the joint review board.
66.1105(4e)(a)3.
3. Subject to
par. (e), the planning commission amends the district's project plan under
sub. (4) (h) 1. to reflect the district's distressed status.
66.1105(4e)(a)5.
5. Except as provided in
subd. 3., the local legislative body has not approved an amendment to the tax incremental district's project plan after October 1, 2009.
66.1105(4e)(am)
(am) To be designated as a severely distressed tax incremental district under
par. (a), a district must meet all of the conditions under
par. (a) and its value increment in any year must have declined at least 25 percent from the district's highest value increment determined by the department of revenue over the course of the district's life. The joint review board may request that the department of revenue certify that a district meets the decline in value increment percentage described in this paragraph.
66.1105(4e)(b)1.1. Adoption of a resolution under
par. (a) 1. shall be preceded by a public hearing held by the common council at which interested parties shall be afforded a reasonable opportunity to express their views on the proposed designation of a distressed, or severely distressed, tax incremental district. Notice of the hearing shall be published as a class 2 notice under
ch. 985. The notice shall describe the resolution and shall advise that a copy of the resolution will be provided on request. The notice shall also explain that the life of a distressed tax incremental district may be extended, that it may receive excess tax increments from a donor district, and that the life of the donor district may be extended to provide such increments. Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district that includes property located within the proposed district. For a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.
66.1105(4e)(b)2.
2. Following receipt of the resolution and the financial data under
par. (a) 2., the joint review board shall evaluate the resolution and data to determine whether the designation of the district as a distressed, or severely distressed, district or the sharing of tax increments by a donor district with the distressed, or severely distressed, district is likely to enhance the ability of the city to pay its project costs related to the district within the time specified in
par. (d) 2. The joint review board may approve or deny the designation and shall send a written copy of its findings to the common council.
66.1105(4e)(b)3.
3. A resolution adopted under
par. (a) 1. may not take effect unless the joint review board approves, by resolution, the designation under
subd. 2. The joint review board shall approve or deny the designation within 45 days after receiving the resolution under
subd. 2.
66.1105(4e)(c)
(c) If the department of revenue prescribes any forms that the city clerk must complete as part of the designation of a distressed, or severely distressed, tax incremental district, the clerk shall submit the forms to the department on or before December 31 of the year the district is designated as distressed, or severely distressed.
66.1105(4e)(d)1.1. Notwithstanding the time limits for the allocation of positive tax increments under
sub. (6) (a), but subject to
sub. (6) (a) 1., and notwithstanding the requirement under
sub. (6) (f) 1. b., the department of revenue shall allocate positive tax increments for up to 10 years after a district would otherwise be required to terminate, if the district is designated as a distressed district under this subsection, or up to 40 years after the district is created, if the district is designated as a severely distressed district under this subsection.
66.1105(4e)(d)2.
2. Notwithstanding the time limits for termination under
sub. (7) (ak) to
(at), but subject to
sub. (7) (a) and
(b), a district may remain in existence for up to 10 years after the district would otherwise be required to terminate, if the district is designated as a distressed district under this subsection, or up to 40 years after the district is created, if the district is designated as a severely distressed district under this subsection.
66.1105(4e)(d)3.
3. Notwithstanding the time limits and other provisions for termination under
sub. (7), a donor tax incremental district under
sub. (6) (d),
(dm),
(e), and
(f) may share tax increments with a distressed, or severely distressed, district until the earlier of the following occurs:
66.1105(4e)(d)3.b.
b. Following its creation, the donor district has existed for 10 years after the district would otherwise be required to terminate, if the district is sharing its increment with a district designated as a distressed district under this subsection, or until the donor district has been in existence for 40 years, if the district is sharing its increment with a district designated as a severely distressed district under this subsection.
66.1105(4e)(e)
(e) A distressed, or severely distressed, tax incremental district may not do any of the following:
66.1105(4e)(e)3.
3. Expend any funds outside of the tax incremental district's boundaries.
66.1105(4e)(e)6.
6. Make any expenditures after its expenditure period, as determined before its designation as a distressed, or severely distressed, district expires.
66.1105(4e)(f)
(f) If the joint review board approves a designation under
par. (b) 3., the department of revenue shall certify the district as a distressed, or severely distressed, tax incremental district and shall send a copy of the certification to the city and to all overlying taxation jurisdictions. The department may impose a fee of $500 on a city for each district in the city that is so designated, for the additional costs incurred by the department in administering such a district.
66.1105(4e)(g)
(g) If any tax increments allocated to a distressed, or severely distressed, tax incremental district under this subsection exceed the amount needed to meet the distressed, or severely distressed, district's annual expenditures identified in its existing project plan, the excess amount shall be used to retire any outstanding debt obligations of the district or to establish a reserve fund that may be used only to retire outstanding debt obligations of the distressed, or severely distressed, district.
66.1105(4m)(a)(a) Any city that seeks to create a tax incremental district, amend a project plan, have a district's tax incremental base redetermined under
sub. (5) (h), or incur project costs as described in
sub. (2) (f) 1. n. for an area that is outside of a district's boundaries, shall convene a standing joint review board under this paragraph to review the proposal. If a city creates more than one tax incremental district consisting of different overlying taxing jurisdictions, it shall create a separate joint review board for each combination of overlying jurisdictions. The joint review board shall remain in existence for the entire time that any tax incremental district exists in the city with the same overlying taxing jurisdictions as the overlying taxing jurisdictions represented on the standing joint review board. Except as provided in
par. (am) and
(as), and subject to
par. (ae), the board shall consist of one representative chosen by the school district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the technical college district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the county that has power to levy taxes on the property within the tax incremental district, one representative chosen by the city, and one public member. If more than one school district, more than one union high school district, more than one elementary school district, more than one technical college district or more than one county has the power to levy taxes on the property within the tax incremental district, the unit in which is located property of the tax incremental district that has the greatest value shall choose that representative to the board. The public member and the board's chairperson shall be selected by a majority of the other board members before the public hearing under
sub. (4) (a) or
(h) 1. is held. All board members shall be appointed and the first board meeting held within 14 days after the notice is published under
sub. (4) (a) or
(h) 1. Meetings of the board in addition to the meeting required under this paragraph and
par. (f) shall be held upon the call of any member. The city that seeks to create the tax incremental district, amend its project plan, have a district's tax incremental base redetermined under
sub. (5) (h), or make or incur an expenditure as described in
sub. (2) (f) 1. n. for an area that is outside of a district's boundaries shall provide administrative support for the board. By majority vote, the board may disband following the termination under
sub. (7) of all existing tax incremental districts in the city with the same overlying taxing jurisdictions as the overlying taxing jurisdictions represented on the joint review board.
66.1105(4m)(ae)1.1. A representative chosen by a school district under
par. (a),
(am), or
(as) shall be the president of the school board, or his or her designee. If the school board president appoints a designee, he or she shall give preference to the school district's finance director or another person with knowledge of local government finances.
66.1105(4m)(ae)2.
2. The representative chosen by the county under
par. (a) or
(as) shall be the county executive or, if the county does not have a county executive, the chairperson of the county board, or the executive's or chairperson's designee. If the county executive or county board chairperson appoints a designee, he or she shall give preference to the county treasurer or another person with knowledge of local government finances.
66.1105(4m)(ae)3.
3. The representative chosen by the city under
par. (a) or
(as) shall be the mayor, or city manager, or his or her designee. If the mayor or city manager appoints a designee, he or she shall give preference to the person in charge of administering the city's economic development programs, the city treasurer, or another person with knowledge of local government finances.
66.1105(4m)(ae)4.
4. The representative chosen by the technical college district under
par. (a) or
(as) shall be the district's director or his or her designee. If the technical college district's director appoints a designee, he or she shall give preference to the district's chief financial officer or another person with knowledge of local government finances.
66.1105(4m)(am)
(am) If a city seeks to create a tax incremental district that is located in a union high school district, the seat that is described under
par. (a) for the school district representative to the board shall be held by 2 representatives, each of whom has one-half of a vote. Subject to
par. (ae), one representative shall be chosen by the union high school district that has the power to levy taxes on the property within the tax incremental district and one representative shall be chosen by the elementary school district that has the power to levy taxes on the property within the tax incremental district.
66.1105(4m)(as)
(as) With regard to a multijurisdictional tax incremental district created under this section, all of the following apply:
66.1105(4m)(as)1.
1. Each participating city may appoint one public member to the joint review board under
par. (a).
66.1105(4m)(as)2.
2. If more than one school district, more than one union high school district, more than one elementary school district, more than one technical college district, or more than one county has the power to levy taxes on the property within the tax incremental district, each such jurisdiction may select a representative to the joint review board under
par. (a), or 2 representatives as provided under
par. (am), unless the jurisdiction's governing body opts out of this authority by adopting a resolution to that effect.
66.1105(4m)(b)1.1. The board shall review the public record, planning documents and the resolution passed by the local legislative body or planning commission under
sub. (4) (gm) or
(h) 1., or
sub. (5) (h) 1. As part of its deliberations the board may hold additional hearings on the proposal.
66.1105(4m)(b)2.
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. 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.
66.1105(4m)(b)3.
3. The board shall submit its decision to the city no later than 7 days after the board acts on and reviews the items in
subd. 2., except that, if the board requests a department of revenue review under
subd. 4., the board shall do one of the following:
66.1105(4m)(b)3.a.
a. Submit its decision to the city no later than 10 working days after receiving the department's written response.
66.1105(4m)(b)3.b.
b. If the city resubmits its proposal under
subd. 4. no later than 10 working days after the board receives the department's written response, submit its decision to the city no later than 10 working days after receiving the city's resubmitted proposal.
66.1105(4m)(b)4.
4. Before the joint review board submits its decision under
subd. 3., or
sub. (4e) (b) 3., a majority of the members of the board may request that the department of revenue review the objective facts contained in any of the documents listed in
subd. 1., or
sub. (4e) (a) 2. to determine whether the information submitted to the board complies with this section or whether any of the information contains a factual inaccuracy. The request must be in writing and must specify which particular objective fact or item the members believe is incomplete or inaccurate. Not later than 10 working days after receiving a request that complies with the requirements of this subdivision, the department of revenue shall investigate the issues raised in the request and shall send its written response to the board. If the department of revenue determines that the information in the proposal does not comply with this section or contains a factual inaccuracy, the department shall return the proposal to the city. The board shall request, but may not require, that the city resolve the problems in its proposal and resubmit the proposal to the board. If the city resubmits its proposal, the board shall review the resubmitted proposal and vote to approve or deny the proposal as specified in this paragraph.
66.1105(4m)(b)4m.
4m. The board shall notify prospectively the governing body of every local governmental unit that is not represented on the board, and that has power to levy taxes on the property within the tax incremental district, of meetings of the board and of the agendas of each meeting for which notification is given.
66.1105(4m)(c)1.1. The board shall base its decision to approve or deny a proposal on the following criteria:
66.1105(4m)(c)1.a.
a. Whether the development expected in the tax incremental district would occur without the use of tax incremental financing.
66.1105(4m)(c)1.b.
b. Whether the economic benefits of the tax incremental district, as measured by increased employment, business and personal income and property value, are insufficient to compensate for the cost of the improvements.
66.1105(4m)(c)1.c.
c. Whether the benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing districts.
66.1105(4m)(c)2.
2. The board shall issue a written explanation describing why any proposal it rejects fails to meet one or more of the criteria specified in
subd. 1.
