Chapter 66

66.1105(18) (18) Multijurisdictional districts.

66.1105(18)(a) (a) Requirements. Two or more cities may enter into an intergovernmental cooperation agreement under s. 66.0301 to jointly create a multijurisdictional tax incremental district under this section if all of the following apply:

66.1105(18)(a)1. 1. The district’s borders contain territory in all of the cities that are a party to the agreement.

66.1105(18)(a)2. 2. The district is contiguous.

66.1105(18)(a)3. 3. At least one parcel in each participating city touches at least one parcel in at least one of the other cities.

66.1105(18)(b) (b) Contents of an agreement. The agreement described under par. (a) shall contain provisions that specify at least all of the following with regard to the proposed multijurisdictional tax incremental district:

66.1105(18)(b)1. 1. A detailed description of how all of the participating cities will be able to exercise the powers authorized under sub. (3) and meet the requirements under sub. (4).

66.1105(18)(b)2. 2. A detailed description of how determinations will be made that relate to incurring debt, expending funds for project costs, and distributing positive tax increments allocated by the department of revenue.

66.1105(18)(b)3. 3. The extent to which one of the cities will be authorized by all of the other participating cities to act on behalf of all of the participating cities on some or all matters relating to the district.

66.1105(18)(b)4. 4. A binding dispute resolution procedure to be used by the cities to resolve in a timely fashion any disputes between the participating cities related to the agreement or to the district. The dispute resolution procedure shall include a dissolution provision that allows all of the participating cities to agree to jointly dissolve the district at any time before a dispute is settled by the binding dispute resolution procedure and before the district would otherwise terminate under sub. (7). The dissolution provision shall describe in detail how and under what circumstances the district may be dissolved before it would otherwise terminate under sub. (7) and shall specify how the district’s assets, liabilities, and any other outstanding obligations will be distributed among the participating cities.

66.1105(18)(b)5. 5. A detailed description of the proposed membership of the joint review board.

66.1105(18)(b)6. 6. A detailed description of the responsibilities of each city’s planning commission, the membership and authority of the planning commission for the district, and the operating procedures to be followed by the district’s planning commission.

66.1105(18)(b)7. 7. A detailed description of the responsibilities of each city’s clerk, treasurer, assessor, and any other officer or official to carry out the requirements of this section, and a detailed description of which clerk, treasurer, assessor, officer, or official will be responsible for each task specified in this section.

66.1105(18)(b)8. 8. Which city will be the lead city for purposes of completing any documents or tasks that this section or the department of revenue require to be completed, which city will be responsible for submitting the district’s creation documents, and which city will be responsible for submitting the district’s project plan amendment documents.

66.1105(18)(b)9. 9. That all of the participating cities agree that the district’s application will be submitted in its entirety as one complete application by the lead city, as determined by the department of revenue.

66.1105(18)(b)10. 10. Consistent with the requirements of sub. (7), a statement that the entire district will terminate at one time as a single entity and that the lead city shall submit to the department of revenue all necessary notices and reports relating to the termination of the district.

66.1105(18)(b)11. 11. A detailed description of the procedures the participating cities will follow to determine all of the following:

66.1105(18)(b)11.a. a. Whether the district’s life may be extended under sub. (6) (g) 1. or (7) (am) 2. or 3.

66.1105(18)(b)11.b. b. How the project plan or boundaries of the district may be amended under sub. (4) (h) 1. or 2.

66.1105(18)(b)12. 12. A description of how any annexation costs incurred by a participating city under s. 66.0219 (10) (a) 1. will be shared among all of the participating cities if the annexed territory is part of the district.

66.1105(18)(c) (c) Limitations.

66.1105(18)(c)1. 1. Notwithstanding the provisions under sub. (6) (d), (e), or (f), a multijurisdictional tax incremental district may not become a donor district, or receive tax increments from a donor district.

66.1105(18)(c)2. 2. Notwithstanding the provisions under sub. (2) (f) 1. k. and n., a multijurisdictional tax incremental district may not incur project costs for any area that is outside of the district’s boundaries.

66.1105(18)(c)3. 3. The 12 percent limit findings requirement under sub. (4) (gm) 4. c. apply on an aggregate basis to all cities that are part of a multijurisdictional district except, for one or more of the participating cities in the multijurisdictional district, the part of the district that is in an individual city may cause that city to exceed the 12 percent limit if the governing bodies of all the taxation districts that overlay that city adopt a resolution approving the creation of the district even though that city exceeds the 12 percent limit.

66.1105(18)(c)4. 4. Any town which may create a tax incremental district under this section or s. 60.85 may be part of a multijurisdictional tax incremental district. If a town board exercises the powers of a city under this subsection, it is subject to the same duties as a common council under this section and the town is subject to the same duties and liabilities as a city under this section.

66.1105(18)(d) (d) Role of the department of revenue. The department of revenue may require each participating city to submit any forms prescribed by the department without regard to whether a particular city is the lead city as described under par. (b) 8. and without regard to the responsibility of each participating city as specified in the agreement described under par. (a).

66.1105(18)(e) (e) Miscellaneous provisions.

66.1105(18)(e)1. 1. A copy of the agreement described under par. (a), as signed by all of the participating cities, shall be forwarded to the department of revenue by the lead city as described under par. (b) 8.

66.1105(18)(e)2. 2. Without regard to the number of participating cities in the multijurisdictional tax incremental district, the department of revenue may impose only one fee under sub. (5) (a) for each action taken by the department under that paragraph for such a district. Unless the agreement under par. (a) provides otherwise, the lead city, as described under par. (b) 8., is responsible for any fees imposed by the department under sub. (5) (a).

66.1105(18)(e)3. 3. Without regard to the number of participating cities in the multijurisdictional tax incremental district, the department of revenue may impose only one annual administrative fee described in sub. (6) (ae) in the amount specified in that paragraph. Unless the agreement under par. (a) provides otherwise, the lead city, as described under par. (b) 8., is responsible for the annual fee and shall submit it to the department.

66.1105(20) (20) Districts within an electronics and information technology manufacturing zone.

66.1105(20)(a) (a) Creation. With regard to a tax incremental district that is created in an electronics and information technology manufacturing zone that is designated under s. 238.396 (1m), the district may only be a district that is suitable for industrial sites or mixed-use development, as described in sub. (4) (gm) 4. a., and all of the following apply:

66.1105(20)(a)1. 1. Notwithstanding the dates specified in sub. (4) (gm) 2., if the resolution described under sub. (4) (gm) is adopted during the period between January 1 and December 1, the creation date shall be either the January 1 of the year in which the resolution is adopted or the next subsequent January 1, as specified by the local legislative body in the resolution. If a resolution is adopted during the period between December 2 and December 31, the creation date shall be the next subsequent January 1.

66.1105(20)(a)2. 2. Notwithstanding the October 31 deadline for the city clerk’s submission of the forms described in sub. (5) (b), the city clerk shall complete and submit the required forms for a tax incremental district described in this subsection either:

66.1105(20)(a)2.a. a. On or before December 31 of the year the resolution under subd. 1. is adopted if the resolution is adopted between January 1 and December 1, and the resolution specifies that the district’s creation date is January 1 of the year in which the resolution is adopted.

66.1105(20)(a)2.b. b. On or after the next subsequent April 1 and before the next subsequent December 1 of the year the resolution under subd. 1. is adopted if the resolution is adopted between January 1 and December 1 and the resolution specifies that the district’s creation date is the next subsequent January 1 or the resolution is adopted between December 2 and December 31.

66.1105(20)(b) (b) Exception to the 12 percent limit. Notwithstanding the 12 percent limit findings requirement described under sub. (4) (gm) 4. c.:

66.1105(20)(b)1. 1. That findings requirement does not apply to a local legislative body’s resolution which relates to a district described under this subsection.

66.1105(20)(b)2. 2. After a local legislative body’s creation of a district described under this subsection, if that body makes the calculation under sub. (4) (gm) 4. c. for a tax incremental district created under this section but not under this subsection, that findings requirement may not include the value increment of the district created under this subsection, provided that the district created under this subsection has not terminated.

66.1105(20)(c) (c) Expenditures. With regard to a tax incremental district described under this subsection, and subject to par. (ce), the creating city may incur project costs for any of the following, provided that the expenditures benefit the district:

66.1105(20)(c)1. 1. Territory that is located in the same county as the district.

66.1105(20)(c)2. 2. Notwithstanding the provisions of sub. (2) (f) 2. a. and c., the cost of constructing or expanding fire stations, purchasing police and fire equipment, and the cost of general government operating expenses related to providing police and fire protection services, provided that the total of such expenditures do not exceed, over the district’s lifetime, 15 percent of the total positive tax increments received by the creating city over the district’s lifetime. With regard to capital expenditures that may be made under this subdivision, such expenditures may be made only for the first 180 months following the district’s creation, and any expenditures made under this subdivision for constructing or expanding fire stations may be made only for fire stations located within a one-mile radius of the electronics and information technology manufacturing zone that is designated under s. 238.396 (1m).

66.1105(20)(ce) (ce) Certification. Before the creating city may incur project costs for any territory that is located outside the district but in the same county as the district, the city must obtain certification from the department of administration that the department believes such a proposed expenditure benefits the district.

66.1105(20)(cm) (cm) Expenditure period. Notwithstanding the limitation on expenditures described in sub. (6) (am) 1., expenditures for a district described under this subsection may be made up to the unextended termination date described in par. (e).

66.1105(20)(d) (d) Allocation of positive increments.

66.1105(20)(d)1. 1. Notwithstanding the 20-year limit for allocating positive tax increments described in sub. (6) (a) 7., for a tax incremental district described under this subsection, that limit shall be 30 years for purposes of sub. (6) (a) 7.

66.1105(20)(d)2. 2. No tax incremental district described under this subsection may allocate positive tax increments as provided under sub. (4e) or (6) (d), (e), or (f).

66.1105(20)(e) (e) Termination. Notwithstanding the 20-year termination requirement specified in sub. (7) (am) 2., for a tax incremental district described under this subsection, that limit shall be 30 years for purposes of sub. (7) (am) 2.

66.1105(20m) (20m) Environmental remediation districts.

66.1105(20m)(a) (a) In this subsection:

66.1105(20m)(a)1. 1. “Environmental pollution” means all of the following:

66.1105(20m)(a)1.a. a. Environmental pollution, as defined in s. 299.01 (4).

66.1105(20m)(a)1.b. b. Substances that if released into the air, land, or waters of the state due to the redevelopment of an existing structure would be harmful to public health or harmful for commercial or recreational use.

66.1105(20m)(a)2. 2. “Environmental remediation tax incremental district” means a tax incremental district created under this section, most of the territory of which consists of areas that contain significant environmental pollution, and which is subject to the conditions and limitations contained in this subsection.

66.1105(20m)(b) (b) Before a city may adopt a resolution under sub. (4) (gm) with regard to an environmental remediation tax incremental district, the local legislative body shall do all of the following:

66.1105(20m)(b)1. 1. Obtain under par. (c) a certified site investigation report from the department of natural resources. The city shall submit a copy of the certified report to the department of revenue before the department may allocate tax increments under sub. (6).

66.1105(20m)(b)2. 2. Certify to the department of revenue that at least one of the items specified in this subd. 2. a. or b. apply. The starting point for determining a tax incremental district’s remaining life, under this subd. 2. a. and b., is the date on which the planning commission adopts the project plan under sub. (4) (f) or an amendment to the project plan under sub. (4) (h). The certified item shall be one of the following:

66.1105(20m)(b)2.a. a. The project plan specifies that the city expects all project costs to be paid within 90 percent of the tax incremental district’s remaining life, based on the district’s termination date as calculated under sub. (7) (ak) to (au).

66.1105(20m)(b)2.b. b. The project plan specifies that expenditures may be made only within the first half of the tax incremental district’s remaining life, based on the district’s termination date as calculated under sub. (7) (ak) to (au), and the limitation on the expenditure period does not apply to any expenditure that is made to address significant environmental pollution that was not identified in the original certified site investigation report described in par. (c). No expenditure under this subdivision may be made later than the time during which an expenditure may be made under sub. (6) (am).

66.1105(20m)(c) (c) To obtain a certified site investigation report, the city shall send to the department of natural resources a detailed description of the significant environmental pollution that exists in the proposed district, and a proposed remedial action plan that contains cost estimates for anticipated project costs and a schedule for the design, implementation, and construction that is needed to complete the remediation with respect to the proposed district in accordance with rules promulgated by the department of natural resources. If the department of natural resources agrees with the city’s description of the conditions in the proposed district and approves of the city’s proposed remedial action plan, it shall provide the city with written certification that the department of natural resources has approved the site investigation report. If the department of natural resources does not approve the report, the city may modify and resubmit the report to the department of natural resources.

66.1105(20m)(d) (d) With regard to an environmental remediation tax incremental district created under this subsection:

66.1105(20m)(d)1. 1. The city may designate one environmental remediation tax incremental district created under this subsection to which the 12 percent limit specified in sub. (4) (gm) 4. c. does not apply. Once the city makes such a designation, it may not so designate another environmental remediation tax incremental district until the current district so designated terminates.

66.1105(20m)(d)2. 2. Notwithstanding the provisions of sub. (5), the tax incremental base of the district shall be $1 when the district is created.

66.1105(20m)(e) (e) An environmental remediation tax incremental district created under this subsection may not allocate positive tax increments under sub. (6) (e) or (f) to another tax incremental district that is not an environmental remediation tax incremental district.

66.1105(21) (21) Residential tax incremental districts.

66.1105(21)(a) (a) A city may create a tax incremental district as a residential tax incremental district if all of the following apply:

66.1105(21)(a)1. 1. The local legislative body adopts a resolution assigning a name to the district for identification purposes. The first district created under this subsection shall be known as “Residential Tax Incremental District Number One, City of ....” Each subsequently created residential tax incremental district shall be assigned the next consecutive number.

66.1105(21)(a)2. 2. The local legislative body adopts a resolution finding all of the following:

66.1105(21)(a)2.a. a. The project plan complies with par. (b).

66.1105(21)(a)2.b. b. All project costs are for expenditures authorized under par. (c).

66.1105(21)(a)2.c. c. All project costs will be paid directly under sub. (9) (a) 1. or financed by a developer.

66.1105(21)(a)2.d. d. The equalized value of taxable property of the residential tax incremental district plus the value increment of all existing residential tax incremental districts does not exceed 3 percent of the total equalized value of taxable property within the city.

66.1105(21)(a)3. 3. The clerk of the local legislative body certifies the resolution under subd. 2. and forwards a copy of the certified resolution to the department of revenue and the joint review board.

66.1105(21)(a)4. 4. The joint review board approves the creation of the tax incremental district as a residential tax incremental district.

66.1105(21)(a)5. 5. The city establishes in the resolution under subd. 2. or by ordinance all of the following with regard to residential developments that meet the requirements under par. (b) within the district:

66.1105(21)(a)5.a. a. The maximum amount of development-related fees that may be charged by the city for a development.

66.1105(21)(a)5.b. b. The architectural and construction requirements that will apply to a development.

66.1105(21)(b) (b) All public works, improvements, and project costs included in the project plan for a residential tax incremental district shall be related to residential developments that satisfy all of the following:

66.1105(21)(b)1. 1. The development consists entirely of single-family or 2-family residences that are owner-occupied.

66.1105(21)(b)2. 2. The lot size of each single-family residence is less than 7,500 square feet.

66.1105(21)(b)3. 3. The lot size of each 2-family residence is 12,500 square feet or less.

66.1105(21)(b)4. 4. The lot width of each lot for a single-family residence is 70 feet or less.

66.1105(21)(b)4m. 4m. The lot width of each lot for a 2-family residence is 80 feet or less.

66.1105(21)(b)5. 5. No side setback is greater than 10 feet.

66.1105(21)(b)6. 6. No single-story residence is larger than 1,500 square feet.

66.1105(21)(b)7. 7. No 2-story residence is larger than 2,000 square feet.

66.1105(21)(c) (c) Notwithstanding sub. (2) (f), project costs for a residential tax incremental district may include only costs, including financing costs, related to the construction or improvement of infrastructure necessary for residential developments within the district and professional service costs, imputed administrative costs, and organizational costs. Project costs for a residential tax incremental district may include costs related to stormwater only to the extent that the costs are for improvements related to providing service to the entire residential tax incremental district and not to individual lots.

66.1105(21)(d) (d)

66.1105(21)(d)1. 1. All project costs for a residential tax incremental district shall be paid directly under sub. (9) (a) 1. from tax increments generated by the residential tax incremental district or financed by a developer.