[HISTORY: Adopted by the Town Board of the Town of Vinland 2-13-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 261.
This chapter is entitled the "Town of Vinland Plan Commission
Ordinance."
The purpose of this chapter is to establish a Town of Vinland
Plan Commission and set forth its organization, powers and duties;
to further the health, safety, welfare and wise use of resources for
the benefit of current and future residents of the Town and affected
neighboring jurisdictions through the adoption and implementation
of comprehensive planning with citizen involvement.
The Town Board of the Town of Vinland has been authorized by
the Town Meeting under § 60.10(2)(c), Wis. Stats., to exercise
village powers, and the Town has a population [as defined in § 990.01(29)
Wis. Stats.] of less than 2,500, according to the most recent regular
or special federal census. The Town Board hereby exercises village
powers under § 60.22(3) Wis. Stats., and establishes a five-member
Plan Commission under §§ 60.62(4), 61.35 and 62.23,
Wis. Stats. The Plan Commission shall be considered the "town planning
agency" under §§ 236.02(13) and 236.45, Wis. Stats.,
which authorize but do not require Town adoption of a subdivision
or other land division ordinance.
The Plan Commission shall consist of five citizen members, who
are not otherwise Town officials and who shall be persons of recognized
experience and qualifications.
The Town Board Chairperson shall appoint the members of the
Plan Commission and designate a Plan Commission Chairperson. All appointments
are subject to the advisory approval of the Town Board. Any citizen
appointed to the Plan Commission shall take and file the oath of office
within five days of notice of appointment.
The term of office for the Plan Commission Chairperson and each
Commission member shall be for a period of three years.
A person who is appointed to fill a vacancy on the Plan Commission
shall serve for the remainder of the term.
The Town Board of the Town of Vinland hereby sets a per diem
allowance according to the fee schedule for members of the Plan Commission,
as allowed under § 66.0501(2), Wis. Stats. In addition,
the Town Board may reimburse reasonable costs and expenses, as allowed
under § 60.321, Wis. Stats.
The Plan Commission may, under § 62.23(2), Wis. Stats.,
recommend to the Town Board the employment of experts and staff and
may review and recommend to the approval authority proposed payments
under any contract with an expert.
The Plan Commission, under § 62.23(2), Wis. Stats.,
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 under
§§ 19.21 to 19.39, Wis. Stats.
A.
Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in § 96-6 of this chapter. The Chairperson shall, subject to Town ordinances and Commission rules:
B.
Vice Chairperson. The Plan Commission may elect, by open vote or
secret ballot under § 19.88(1), Wis. Stats., 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 shall elect, by open vote or secret
ballot under § 19.88(1) Wis. Stats., one of its members
to serve as Secretary or, with the approval of the Town Board, designate
the Town Clerk or other Town officer or employee as Secretary.
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, § 19.01, Wis. Stats., 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.
The Plan Commission under § 62.23(4), Wis. Stats.,
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 § 66.0119, Wis. Stats., or other court-issued
warrant.
A.
The Plan Commission, under § 62.23(2), Wis. Stats., shall, except as provided in Subsection B of this section, make and adopt the Town Master Plan, with accompanying maps, plats, charts and descriptive and explanatory matter, which shall include the nine elements specified under the comprehensive planning law, § 66.1001(2), Wis. Stats.
B.
In lieu of the adoption of a Master Plan under Subsection A of this section, the Plan Commission may make and adopt a Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats., which contains the elements specified in § 66.1001(2), Wis. Stats., and follows the procedures in § 66.1001(4), Wis. Stats.
C.
Regardless of whether the Town has a Master Plan under Subsection A of this section or is developing one, the Plan Commission shall make and adopt a Comprehensive Plan under Subsection B of this section and the comprehensive planning law, § 66.1001, Wis. Stats., 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 Comprehensive Plan is in effect by the date on which any Town program or action affecting land use must be consistent with the Town Comprehensive Plan under § 66.1001(3), Wis. Stats.
D.
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.
The Plan Commission, in order to ensure that the requirements
of § 66.1001(4), Wis. Stats., are met, shall proceed as
follows:
A.
Public participation verifications. Prior to beginning work on a
Comprehensive 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 Comprehensive 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 Comprehensive 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 § 66.1001(4)(b),
Wis. Stats., shall recommend its proposed Comprehensive 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 Comprehensive
Plan. The resolution adopting a Comprehensive Plan shall further recite
that the requirements of the comprehensive planning law have been
met, under § 66.1001, Wis. Stats., 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 Comprehensive Plan;
(2)
The plan contains the nine specified elements and meets the requirements
of those elements;
(3)
The (specified) maps and (specified) other descriptive materials
relate 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
C.
Transmittal. One copy of the Comprehensive Plan or amendment adopted
by the Plan Commission for recommendation to the Town Board shall
be sent to:
(1)
Every governmental body that is located in whole or in part within
the boundaries of the Town, including the school districts.
(2)
The clerk of every city, village, town, county and regional planning
commission that is adjacent to the Town.
(3)
The Department of Administration.
(4)
The regional planning commission in which the Town of located.
(5)
The public library that serves the area in which the Town is located.
A.
Program administration. The Plan Commission shall, pursuant to Town
ordinances, have the following powers:[1]
B.
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 Comprehensive Plan under §§ 62.23 and 66.1001,
Wis. Stats., shall be consistent with that plan as of January 1, 2010.
If any such Plan Commission action would not be consistent with the
Comprehensive Plan, the Plan Commission shall use this as information
to consider in updating the Comprehensive Plan.
A.
Required referrals under § 62.23(5), Wis. Stats. The following
shall be referred to the Plan Commission for report:
(1)
All plats under the Town's jurisdiction under Ch. 236, Wis. Stats.,
including divisions under a Town subdivision or other land division
ordinance adopted under § 236.45 Wis. Stats.
B.
Required referrals under sections of the Wisconsin Statutes other
than § 62.23(5), Wis. Stats.
(1)
A proposed housing project under § 66.1211(3), Wis. Stats.
(2)
Matters relating to urban redevelopment and renewal in the Town required
to be referred under Subchapter XIII of Ch. 66, Wis. Stats.
(3)
The adoption or amendment of a Town subdivision or other land division
ordinance under § 236.45(4), Wis. Stats.
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:
(2)
A proposed site plan (assuming that the Town Board has final authority
and that such review is not already covered by Town zoning or subdivision
ordinances).
(3)
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.
(4)
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, the regional planning commission, under
§ 66.0309, Wis. Stats., another unit of government, a consultant
or any other person or organization.
D.
Discretionary referrals. The Town Board or other Town officer or
body with final approval authority or referral authorization under
the Town ordinances may refer any of the following to the Plan Commission
for report:
(1)
A proposed county development plan or comprehensive plan, proposed
element of such a plan or proposed amendment to such a plan.
(2)
A proposed county zoning ordinance or amendment.
(3)
A proposed county subdivision or other land division ordinance under
§ 236.45, Wis. Stats., or amendment.
(4)
An appeal or permit application under the County Zoning Ordinance
to the County Zoning Board of Adjustment, County planning body or
other County body.
(5)
A proposed intergovernmental cooperation agreement, under § 66.0301,
Wis. Stats., or other statute, affecting land use or a municipal revenue-sharing
agreement under § 66.0305, Wis. Stats.[1]
(6)
A proposed county plan, under § 236.46 Wis. Stats., 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.
(7)
Any other matter deemed advisable for referral to the Plan Commission
for report.
E.
Referred 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 thirty-day period for referrals required
by the Wisconsin Statutes may be shortened only if so authorized by
statute. The thirty-day referral period, for matters subject to required
or discretionary referral under the Town's ordinances, but not required
to be referred under the Wisconsin Statutes, may be made by the Town
Board subject to a referral period shorter or longer than the 30 days'
referral period if deemed advisable.
Following passage by the Town Board, this chapter shall take
effect the day after the date of publication or posting as provided
by § 60.80, Wis. Stats.
