[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 12-5-2002 by Ord. No. 2002-2. This ordinance also
repealed former Ch. 35, Planning Board, adopted 2-8-1990, as amended. Amendments noted
where applicable.]
The Plan Commission's purposes include but are
not limited to: promoting good planning practices and to keeping the
public and the Town Board well informed on planning issues affecting
the Town; exercising first level oversight over the administration
of the Town's subdivision of land through review and recommendation
concerning all proposed subdivision of land; utilizing the existing
Town Plan with amendments thereto until such time as a new plan is
created and adopted; preparing and recommending for Town Board approval
the Town's Comprehensive Plan (hereafter referred to as the Plan)
and any amendments thereto and to recommend implementation measures
concerning it; reviewing land use matters referred to it by the Town
Board and performing other duties at the request of the Town Board;
within the framework of county zoning procedures and deadlines, reviewing
requests for county rezoning of land located in the Town of St. Joseph
and making a recommendation thereon to the Town Board, taking the
Town's Plan into account; and keeping accurate records of its actions.
The Town Board of the Town of St. Joseph, having
been authorized by the Town meeting under W.S.A. § 60.10(2)(c)
to exercise village powers, hereby exercises village powers under
W.S.A. § 60.22(3) and establishes a seven member Plan Commission
under W.S.A. §§ 61.35 and 62.23. The Plan Commission shall
be considered the "Town Planning Agency" under W.S.A. §§
236.02(13) and 236.45, which authorize, but do not require, Town adoption
of a subdivision or other land division ordinance.
A.
The Plan Commission shall consist of the Town Board
Chairperson or a designated Town Board member and six citizen members,
who are not otherwise Town officials, and who shall be persons of
recognized experience and qualifications.
[Amended 12-2-2010 by Ord. No. 2010-4]
B.
There shall be three alternate members, one of whom
shall be a Town Supervisor, elected in the even years, who shall be
an alternate to the Town Board Chairperson. Alternates shall attend
all meetings and participate in any hearings but shall only participate
in deliberations and decisions when a regular member or Town Chairperson
is absent, unavailable or has a conflict of interest. In the event
that an alternate is needed to vote, there shall be designated first
and second alternates and the first alternate shall be the most senior
member.
A.
The initial Plan Commission shall be compiled from
a list of volunteers reviewed by the existing Planning Board and Zoning
Committee and referred to the Town Chairperson. The Town Chairperson
shall appoint the Plan Commission members and they shall be ratified
by an advisory vote of the Town Supervisors.
B.
The Plan Commission shall maintain a list of citizens
interested in serving on the Plan Commission. It shall interview all
interested individuals and forward its recommendations for citizen
members to the Town Chairperson before the first Town Board meeting
following the election and qualification of Board Members, or upon
any vacancy. In an even year in which any Town Board Supervisor is
elected, any appointment or designation by the Town Chairperson shall
be made after the election and qualification of the Town Board Supervisor
elected. The Town Chairperson shall appoint Plan Commission members
and they shall be confirmed by a majority vote of the Town Board at
the first Town Board meeting following the election and qualification
of Board Members, as provided under W.S.A. § 60.62. or upon
any vacancy. Any citizen appointed to the Plan Commission shall take
and file the oath of office within five days of notice of appointment,
as provided under W.S.A. § 19.01 and 60.31.
[Amended 12-2-2010 by Ord. No. 2010-4]
C.
The Plan Commission, on its own motion or at the direction
of the Town Board by resolution, may organize itself into one or more
work groups. The Plan Commission may appoint additional citizen members
to work groups. At least one member or alternate of the Plan Commission
shall be a part of any work group. These work groups shall hold public
meetings in accordance with applicable state statutes and shall be
in effect until dissolved by the Board or Commission or once the work
group has completed the assigned task(s). The work group shall have
no independent authority and shall report to the Plan Commission,
and the Plan Commission shall make a recommendation to the Town Board
regarding that particular issue.
The term of office for the Plan Commission Chairperson
and each Commission member and alternates shall be for a period of
3 years, ending on April 30, or until a successor is appointed and
qualified, except:
A.
Initial terms. If the initial appointments to the
Plan Commission are made during April, the citizen members shall be
appointed for staggered terms as follows: two persons for a term that
expires in one year; two persons for a term that expires in two years;
and two persons for a term that expires in three years. If the initial
appointments are made after April, the first citizens appointed to
the Plan Commission shall be appointed for staggered terms as follows:
two persons for a term that expires one year from the previous April
30; two persons for a term that expires two years from the previous
April 30; and two persons for a term that expires three years from
the previous April 30.
B.
Town Board members. The Town Board members shall serve
for a period of two years, as allowed under W.S.A. § 66.0501(2),
concurrent with his or her term on the Town Board.
A person who is appointed to fill a vacancy
on the Plan Commission shall serve for the remainder of the term vacated.
Appointments shall be made in seniority order from the Plan Commission
alternates. If an alternate is unavailable or rejects an appointment,
another applicant shall be appointed.
The Plan Commission members and alternates shall
be compensated on a per meeting basis at a rate set by the Town Board
as allowed under W.S.A. § 60.321. In addition, the Town
Board may reimburse preauthorized reasonable costs and expenses, upon
being presented with a receipt, as allowed under W.S.A. § 60.321.
The Plan Commission may, under W.S.A. § 62.23(1),
recommend to the Town Board the employment of experts and staff and
shall review and recommend for approval proposed payments under any
contract with an expert.
The Plan Commission, under W.S.A. § 62.23(2),
may adopt rules for the transaction of its business, subject to Town
ordinances, and shall keep a record of its resolutions, transactions,
findings and determinations, which shall be a public record unless
exempt from public access by applicable common law or statute.
A.
Chairperson. The Town Chair shall appoint the Plan
Commission Chair. The Plan Commission may recommend a member to be
appointed as Plan Commission Chairperson. The Chairperson shall, subject
to Town ordinances and Commission rules:
[Amended 12-2-2010 by Ord. No. 2010-4]
B.
Vice Chairperson. The Plan Commission may elect, by
open vote or secret ballot under W.S.A. § 19.88(1), a Vice
Chairperson to act in the place of the Chairperson when the Chairperson
is absent or incapacitated for any cause.
C.
Secretary. The Plan Commission may elect, by open
vote or secret ballot under W.S.A. § 19.88(1), a person
to serve as Secretary, or, with the approval of the Town Board, designate
the Town Clerk or other Town officer or employee as Secretary.
D.
Recording secretary. The Plan Commission shall recommend
to the Town Board for their approval an individual to serve as the
recording secretary, who shall not be a voting member of the Commission.
After three absences in one calendar year, a
Commission member may be removed from the Commission at the recommendation
of the Plan Commission to the Town Board. The Chair shall send written
notice of the potential removal to the Commission member after the
third absence.
All members of the Plan Commission shall faithfully
discharge their official duties to the best of their abilities, as
provided in the oath of office, W.S.A. § 19.01, in accordance
with, but not limited to, the provisions of the Wisconsin Statutes
on: Public Records, §§ 19.21 to 19.39; Code of Ethics
for Local Government Officials, §§ 19.42, 19.58 and
19.59; Open Meetings, §§ 19.81 to 19.89; Misconduct
in Office, § 946.12; and Private Interests in Public Contracts,
§ 946.13. Commission members shall further perform their
duties in a fair and rational manner and avoid arbitrary actions.
A Commission member who may have a conflict of interest shall excuse
himself or herself as a member of the Commission for that issue, and
an alternate shall take the Commission member's place for that issue.
The Plan Commission, under W.S.A. § 62.23(4),
shall have the power:
A.
Necessary to enable it to perform its functions and
promote Town planning.
B.
To make reports and recommendations relating to the
Plan and development of the Town to the Town Board, other public bodies,
citizens, public utilities and organizations.
C.
To recommend to the Town Board programs for public
improvements and the financing of such improvements.
D.
To receive from public officials, within a reasonable
time, requested available information required for the Commission
to do its work.
E.
For itself, its members and employees, in the performance
of their duties, to enter upon land, make examinations and surveys,
and place and maintain necessary monuments and marks thereon. However,
entry shall not be made upon private land, except to the extent that
the private land is held open to the general public, without the permission
of the landowner or tenant. If such permission has been refused, entry
shall be made under the authority of an inspection warrant issued
for cause under W.S.A. § 66.0119 or other court-issued warrant.
A.
The Plan Commission shall make and adopt a Plan under
W.S.A. §§ 62.23 and 66.1001, which contains the elements
specified in W.S.A. § 66.1001(2), and follows the procedures
in W.S.A. § 66.1001(4).
B.
The Plan Commission shall make and adopt the Plan
within the time period directed by the Town Board, but not later than
a time sufficient to allow the Town Board to review the Plan and pass
an ordinance adopting it to take effect on or before January 1, 2010,
so that the Town Plan is in effect by the date on which any Town program
or action affecting land use must be consistent with the Plan under
W.S.A. § 66.1001(3).
C.
In this section, the requirement to "make" the Plan
means that the Plan Commission shall ensure that the Plan is prepared
and oversee and coordinate the preparation of the Plan, whether the
work is performed for the Town by the Plan Commission, Town staff,
another unit of government, the Regional Planning Commission, a consultant,
citizens, an advisory committee, or any other person, group or organization.
D.
The Plan Commission shall review and, if necessary,
recommend changes to the Plan at least every three years.
The Plan Commission, in order to ensure that
the requirements of W.S.A. § 66.1001(4) are met, shall proceed
as follows:
A.
Public participation verification. Prior to beginning
work on a Plan, the Plan Commission shall verify that the Town Board
has adopted written procedures designed to foster public participation
in every stage of preparation of the Plan. These written procedures
shall include open discussion, communication programs, information
services and noticed public meetings. These written procedures shall
further provide for wide distribution of proposed, alternative or
amended elements of a Plan and shall provide an opportunity for written
comments to be submitted by members of the public to the Town Board
and for the Town Board to respond to such written comments.
B.
Resolution. The Plan Commission, under W.S.A. § 66.1001(4)(b),
shall recommend its proposed Plan or amendment to the Town Board by
adopting a resolution by a majority vote of the entire Plan Commission.
The vote shall be recorded in the minutes of the Plan Commission.
The resolution shall refer to maps and other descriptive materials
that relate to one or more elements of the Plan.
C.
The resolution adopting a Plan shall further recite
that the requirements of the comprehensive planning law have been
met, under W.S.A. § 66.1001, namely that:
(1)
The Town Board adopted written procedures to foster
public participation and that such procedures allowed public participation
at each stage of preparing the Plan;
(2)
The Plan contains the nine specified elements and
meets the requirements of those elements;
(3)
The maps and other descriptive materials related to
the Plan;
(4)
The Plan has been adopted by a majority vote of the
entire Plan Commission, which the Clerk or Secretary is directed to
record in the minutes; and
(5)
The Plan Commission Clerk or Secretary is directed
to send one copy of the Plan or amendment adopted by the Plan Commission
for recommendation to the Town Board to the governmental units specified
in W.S.A. § 66.1001(4) as follow:
(a)
Every governmental body that is located in whole
or in part within the boundaries of the Town, including any school
district, Town sanitary district, public inland lake protection and
rehabilitation district or other special district.
(b)
The Clerk of every city, village, town, county
and Regional Planning Commission that is adjacent to the Town.
(c)
The Wisconsin Land Council
(d)
After September 1, 2003, the Department of Administration.
(e)
The Regional Planning Commission in which the
Town is located.
(f)
The public libraries that serve the area in
which the Town is located.
A.
Ordinance development. If directed by resolution or
motion of the Town Board, the Plan Commission shall prepare the following:
(1)
Zoning. A proposed Town zoning ordinance under village
powers, W.S.A. §§ 60.22(3), 61.35 and 62.23(7), a Town
construction site erosion control and stormwater management zoning
ordinance under W.S.A. § 60.627(6), a Town exclusive agricultural
zoning ordinance under W.S.A. subch. V of ch. 91, and any other zoning
ordinance within the Town's authority.
(2)
Official map. A proposed official map ordinance under
W.S.A. § 62.23 (6), Subdivisions.
(3)
Land Division. Revision of the Town Subdivision Ordinance
or preparation or revision of any ordinance relating to land division
under Wis. Stat. 236.45.
(4)
Other. Any other ordinance specified by the Town Board
(Note: e.g., historic preservation, design review, site plan review).
B.
Ordinance amendment. The Plan Commission, on its own
motion or at the direction of the Town Board by its resolution or
motion, may prepare proposed amendments to the Town's Code of Ordinances.
C.
Nonregulatory programs. The Plan Commission, on its
own motion or at the direction of the Town Board by resolution or
motion, may propose non-regulatory programs to implement the Plan,
including programs relating to topics such as education, economic
development and tourism promotion, preservation of natural resources
through the acquisition of land or conservation easements, and capital
improvement planning.
D.
Program administration. The Plan Commission shall,
pursuant to Town ordinances, have the following powers:
(1)
Recommendations for local or county variances and
county special exceptions /conditional use permits. To review and
make recommendations to the Town Board concerning the appropriate
action or position for the Town to take on applications for variances
under Town or county ordinances or under applications for special
exception/conditional use permits under the St. Croix County Zoning
Ordinance.
(2)
Subdivision review. Proposed plats under W.S.A. ch. 236, and proposed subdivisions or other land divisions under the Town Subdivision, Chapter 168 of the Town Code shall be referred to the Plan Commission for review and recommendation to the Town Board.
(3)
Others as determined necessary by the Plan Commission
or Town Board.
E.
Consistency. Any ordinance, amendment or program proposed
by the Plan Commission, and any Plan Commission approval, recommendation
for approval or other action under Town ordinances or programs that
implement the Town's Plan under W.S.A. §§ 62.23 and
66.1001, shall be consistent with that Plan as of January 1, 2010.
If any such Plan Commission action would not be consistent with the
Plan, the Plan Commission shall use this as information to consider
in updating the Plan.
A.
Required referrals under W.S.A. § 62.23(5). The
following shall be referred to the Plan Commission for report:
(1)
The location and architectural design of any public
building.
(2)
The location of any statue or other memorial.
(4)
The location, extension, abandonment or authorization
for any publicly or privately owned public utility.
(5)
All divisions of land into parcels falling under the
Town's jurisdiction, including land divisions under the Town Subdivision
Ordinance.
(7)
The amendment or repeal of any ordinance adopted under
W.S.A. § 62.23, including ordinances relating to: the Town Plan
Commission; the Town Master Plan or the Town Plan under W.S.A. §
66.1001; a Town official map; and Town zoning under village powers.
B.
Required referrals under sections of the Wisconsin
Statutes other than W.S.A. § 62.23(5). The following shall be
referred to the Plan Commission for report:
(1)
An application for initial licensure of a child welfare
agency or group home under W.S.A. § 48.68(3).
(2)
An application for initial licensure of a community-based
residential facility under W.S.A. § 50.03(4).
(3)
Proposed designation of a street, road or public way,
or any part thereof, wholly within the jurisdiction of the Town, as
a pedestrian mall under W.S.A. § 66.0905.
(4)
Matters relating to the establishment or termination
of an architectural conservancy district under W.S.A. § 66.1007.
(5)
Matters relating to the establishment of a reinvestment
neighborhood required to be referred under W.S.A. § 66.1107.
(6)
Matters relating to the establishment or termination
of a business improvement district required to be referred under W.S.A.
§ 66.1109.
(7)
A proposed housing project under W.S.A. § 66.1211(3).
(8)
Matters relating to urban redevelopment and renewal
in the Town required to be referred under W.S.A. subch. XIII of ch.
66.
(9)
The adoption or amendment of a Town subdivision or
other land division ordinance under W.S.A. § 236.45(4).
(10)
Any other matter required by the Wisconsin Statutes
to be referred to the Plan Commission.
C.
Required referrals under this chapter. In addition
to referrals required by the Wisconsin Statutes, the following matters
shall be referred to the Plan Commission for report:
(1)
Any proposal, under W.S.A. § 59.69, for the town
to approve or to remain under general county zoning.
(2)
Proposed regulations or amendments relating to historic
preservation under W.S.A. § 60.64.
(3)
A proposed driveway access ordinance or amendment.
(4)
A proposed Town official map ordinance under W.S.A.
§ 62.23(6), or any other proposed Town ordinance under W.S.A.
§ 62.23, not specifically required by the Wisconsin Statutes
to be referred to the Commission.
(5)
A proposed Town zoning ordinance or amendment adopted
under authority separate from or supplemental to W.S.A. § 62.23,
including a Town construction site erosion control and stormwater
management zoning ordinance under § 60.627(6), W.S.A., and
a Town exclusive agricultural zoning ordinance under W.S.A. subch.
V of ch. 91.
(6)
A requested recommendation on an application for a
variance or special exception/conditional use permit under the County
Zoning Ordinance.
(7)
A proposed concept and site plan.
(8)
Actions affecting a proposed extraterritorial zoning
ordinance or a proposed amendment to an existing ordinance under W.S.A.
§ 62.23(7a).
(9)
A proposed boundary change pursuant to an approved
cooperative plan agreement under W.S.A. § 66.0307, or a
proposed boundary agreement under W.S.A. § 66.0225, or other
authority.
(10)
A proposed zoning ordinance or amendment pursuant
to an agreement in an approved cooperative plan under W.S.A. § 66.0307(7m);
any proposed plan, element of a plan or amendment to such plan or
element developed by the Regional Planning Commission and sent to
the Town for review or adoption.
(11)
Any proposed contract, for the provision of information,
or the preparation of a comprehensive plan, an element of a plan or
an implementation measure between the Town and the Regional Planning
Commission, under W.S.A. § 66.0309, another unit of government,
a consultant or any other person or organization.
(12)
A proposed ordinance, regulation or plan, or amendment
to the foregoing, relating to a mobile home park under W.S.A. § 66.0435.
(13)
A proposed agreement, or proposed modification to
such agreement, to establish an airport affected area under W.S.A.
§ 66.1009.
(14)
A proposed town airport zoning ordinance under W.S.A.
§ 114.136(2).
(15)
A proposal to create environmental remediation tax
incremental financing in the town under W.S.A. § 66.1106.
(16)
A proposed county agricultural preservation plan or
amendment, under W.S.A. subch. IV of ch. 91, referred by the county
to the Town, or proposed Town agricultural preservation plan or amendment.
(17)
A proposed county development plan or comprehensive
plan, proposed element of such a plan, or proposed amendment to such
plan.
(18)
A proposed county zoning ordinance or amendment.
(19)
A proposed county subdivision or other land division
ordinance under W.S.A. § 236.45, or amendment.
(20)
An appeal or permit application under the County Zoning
Ordinance to the County Zoning Board of Adjustment, county planning
body or other county body.
(21)
A proposed intergovernmental cooperation agreement,
under W.S.A. § 66.0301, or other statute, affecting land
use, or a municipal revenue sharing agreement under W.S.A. § 66.0305.
(22)
A proposed plat or other land division under the County
Subdivision or other land division ordinance under W.S.A. § 236.45.
A proposed county plan, under W.S.A. § 236.46, or the proposed
amendment or repeal of the ordinance adopting such plan, for a system
of town arterial thoroughfares and minor streets and the platting
of lots surrounded by them.
(23)
Any other matter deemed advisable by the Town Chairperson
or a majority of the Town Board or any other matter required by any
Town ordinance shall be referred for consideration and report.
D.
Referral period. No final action may be taken by the
Town Board or any other officer or body with final authority on a
matter referred to the Plan Commission until the Commission has made
its report, or 30 days, or such longer period as stipulated by the
Town Board, has passed since referral.
The Town of St. Joseph has had a Planning Board
and Zoning Committee for many years prior to the enactment of this
chapter. Nothing in this chapter is intended to invalidate any prior
actions of those bodies. This chapter is enacted to allow the functions
previously carried out by the Zoning Committee and Planning Board
as well as additional function as provided herein to be carried out
by the Plan Commission within the framework Wis. Stat. § 62.23.
