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Plan Commission -
Ordinance 7.01 Section
1. Title
Section
2. Purpose Section
3. Authority; Establishment Section
4. Membership Section
5. Appointments Section
6. Terms of Office Section
7. Vacancies Section
8. Compensation; Expenses Section
9. Experts & Staff Section
10. Rules; Records Section
11. Chairperson & Officers Section
12. Commission Members as Local Public Officials Section
13. General &
Miscellaneous Powers Section
14. Town Comprehensive Planning; General Authority & Requirements Section
15. Procedure for Plan Commission Adoption & Recommendation of a Town
Comprehensive Plan or Amendment Section
16. Plan Implementation & Administration Section
17. Referrals to the Plan Commission Section
18. Effective Date TOWN
OF CLOVERLAND PLAN COMMISSION ORDINANCE & NOTES
The
Town Board of the Town of Cloverland, Vilas County, Wisconsin, does ordain
as follows: Section
1. Title
This
ordinance is entitled the “Town of Cloverland Plan Commission
Ordinance.” Section
2. Purpose
The
purpose of this ordinance is to establish a Town of Cloverland 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 significant citizen involvement. Section
3. Authority; Establishment The
Town Board of the Town of Cloverland has been authorized by the Town
meeting under sec. 60.11(2)(c), Wis. Stats., to exercise village powers
and the Town has a population of less than 2,500,l according to the most
recent regular or special federal census, sec. 990.01 (29), Wis. Stats.
The Town Board hereby exercises village powers under sec. 60.22(3),
Wis. Stats., and establishes a five (5) member Plan Commission under secs.
60.62(4), 61.35 and 62.23, Wis. Stats.
The Plan Commission shall be considered the “Town Planning
Agency” under secs. 236.02(13) and 236.45, Wis. Stats., which authorize,
but do not require, Town adoption of a subdivision or other land division
ordinance. Section
4. Membership The
Plan Commission may consist of two (2) members of the Town Board, one who
may be the Town Board Chairperson, and three (3) or four (4) citizen
members, who are not otherwise Town officials, and who shall be persons of
recognized experience and qualifications.
The chairperson of the plan commission must be a town board member. Section
5. Appointments The
Town Board Chairperson shall appoint members of the Plan Commission,
subject to confirmation by the Town Board, during the month of April, to
fill any expiring term. The
Town Board Chairperson shall also select the Chairperson of the Plan
Commission. In a
year in which any Town Board member is elected at the spring election, any
appointment or designation by the Town Board Chairperson shall be made
after the election and qualification of the Town Board members elected. Any citizen appointed to the Plan Commission shall take and
file the oath of office within five (5) days of notice of appointment, as
provided under secs. 19.01 and 60.31, Wis. Stats. Section
6. Terms of Office
(1)
Initial
Terms.
The citizen members initially appointed to the Plan Commission
shall be appointed for a (3) year staggered term. (2)
Town
Board Member or Chairperson.
The Plan Commission member who is a Town Board member or Town Board
Chairperson, shall serve for a period of two (2) years, as allowed under
sec. 66.0501(2), Wis. Stats., concurrent with his or her term on the Town
Board, except an initial appointment made after April 30 shall be for a
term that expires two (2) years from the previous April 30. Section
7. Vacancies and Removals A
person who is appointed to fill a vacancy on the Plan Commission shall
serve for the remainder of the term.
A member of the Plan Commission may be removed only by a majority
vote of the Town Board. Section
8. Compensation; Expenses The
Town Board of the Town of Cloverland, hereby sets a per diem allowance of
$50.00 per meeting for citizens and Town Board members of the Plan
Commission, as allowed under sec. 66.0501(2), Wis. Stats.
In addition, the Town Board may reimburse reasonable costs and
expenses, as allowed under sec. 60.321, Wis. Stats. Section
9. Experts & Staff The
Plan Commission may, under sec. 62.23(1), 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. Section
10. Rules; Records The
Plan Commission, under sec. 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 records under secs. 19.21-19.39, Wis. Stats. Section
11. Chairperson & Officers
(a)
provide leadership to the Commission; (b)
set Commission meeting and hearing dates; (c)
provide notice of Commission meetings and hearings and set their
agendas, personally or by his or her designee; (d)
preside at Commission meetings and hearings; and (e)
ensure that the laws are followed.
under
sec. 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.
sec.
19.88(1), Wis Stats., one of its members to serve as Secretary, or, wit
the
approval
of the Town Board, designate the Town Clerk or other Town officer or
employee as Secretary. Section
12. Commission Members as
Local Public Officials 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,
sec. 19.01, Wis. Stats., in accordance with, but not limited to, the
provisions of the Wisconsin Statutes on:
Public Records, secs. 19.21-19.39; Code of Ethics for Local
Government Officials, secs. 19.42, 19.58 & 19.59; Open Meetings, secs.
19.81-19.89; Misconduct in office, sec. 946.12; and Private Interest in
Public Contracts, sec. 946.13. Commission
members shall further perform their duties in a fair and rational manner
and avoid arbitrary actions. Section
13. General & Miscellaneous Powers The
Plan Commission, under sec. 62.23(4), Wis. Stats., shall have the power: (1)
Necessary to enable it to perform its functions and promote Town
planning. (2)
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. (3)
To recommend to the Town Board programs for public improvements and
the financing of such improvements. (4)
To receive from public officials, within a reasonable time,
requested available information require for the Commission to do its work. (5)
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 sec. 66.0119,
Wis. Stats., or other court-issued warrant. Section
14. Town Comprehensive planning: General Authority & Requirements (1)
The Plan Commission shall make and adopt a comprehensive plan under
secs.
2.23 and 66.1001, Wis. Stats., which contains the elements
specified in sec.
66.1001(2), Wis. Stats, and follows the procedures in sec.
66.1001(4), Wis.
Stats. (2)
The Plan Commission shall make and adopt the comprehensive 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
comprehensive plan
is in effect by the date on which specified town actions must be
consistent with
the Town comprehensive plan under sec. 66.100(3), Wis. Stats. (3)
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. Section
15. Procedure for Plan Commission Adoption & Recommendation of a Town
Comprehensive Plan or Amendment The
Plan Commission, in order to ensure that the requirements of sec.
66.1001(4), Wis. Stats, are met, shall proceed as follows: (1)
Public
participation verification. 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. (2)
Resolution.
The Plan Commission, under sec. 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 sec. 66.1001. Wis. Stats., namely that: (a)
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; (b)
the plan contains the nine (9) specified elements and meets the
requirements of those elements; (c)
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 (d)
the Plan Commission clerk or secretary is directed to send a copy
of the comprehensive plan adopted by the Commission to the governmental
units specified in sec. 66.1001(4), Wis. Stats., and sub. (3) of this
section. (3)
Transmittal.
One copy of the comprehensive plan or amendment adopted by
the Plan Commission for recommendation to the Town Board shall be
sent to: (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, 2005, the Department of Administration. (e)
The regional planning commission in which the Town is located. (f)
The public library that serves the area in which the Town is
located. Section
16. Plan Implementation & Administration (1)
Ordinance
development. If
directed by resolution or motion of the Town Board, The
Plan Commission shall prepare the following:
(a) Official map. A
proposed official map ordinance under sec. 62.23(6), Wis.
Stats.
(b) Subdivisions. A
proposed Town subdivision or other land division
ordinance under sec. 236.45, Wis. Stats.
(c)
Other.
Any other ordinance specified by the Town Board (Note:
e.g.,
historic preservation, design review, site plan review). (2)
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 ordinances relating to comprehensive planning
and lance use. (3)
Non-regulatory
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 comprehensive 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. (4)
Program
administration.
The Plan Commission shall, pursuant to Town
ordinances, have the following powers: (a)
Subdivision review. Proposed
plats under ch. 236, Wis. Stats. shall be
referred to the Plan Commission for review and recommendation to
the
Town board. (5)
Consistency.
When the Plan Commission considers any action that is subject to the
consistency requirement in sec. 66.1001(3), Wis. Stats., the action of the
Plan Commission shall, as of
January 1, 2010, be consistent with the Comprehensive Plan. 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. Section
17. Referrals to the Plan Commission (1)
Required
referrals under sec. 62.23(5) Wis. Stats.
The following shall be
referred to the Plan Commission for report:
(a)
The location and architectural design of any public building. (b)
The location of any statue or other memorial. (c)
The location, acceptance, extension, alteration, vacation,
abandonment, change of use, sale acquisition of land for or lease of land
for any (i)
street, alley or other public way; (ii)
park or playground; (iii)
airport; (iv)
area for parking vehicles; or (v)
other memorial or public grounds.
(d) The location, extension, abandonment or authorization for any
publicly or
privately owned public utility. (e)
All plats under the Town’s jurisdiction under ch. 236, Wis. Stats.,
including divisions under a Town subdivision or other land division
ordinances adopted under sec. 236.45, Wis. Stats. (f)
The location, character and extend or acquisition, leasing or sale
of lands for
(I) public or semi-public housing;
(ii) slum clearance;
(iii) relief of congestion; or
(iv) vacation camps for children. (g)
The amendment or repeal of any ordinance adopted under sec. 62.23,
Wis. Stats., including ordinances relating to:
the Town Plan Commission;
the Town master plan
or the Town comprehensive plan under
sec. 66.1001, Wis. Stats.; a Town official map (2)
Required
referrals under sections of the Wisconsin Statutes other than sec.
2.23(5), Wi. Stats. The
following shall be referred to the Plan Commission for
report: (a)
An application for initial licensure of a child welfare agency or
group home
under sec. 48.8(3), Wis. Stats. (b)
An application for initial licensure of a community-based
residential facility
under sec. 50.05(4), Wis. Stats.
(c)
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 sec.
60.0905, Wis. Stats. (d)
Matters relating to the establishment or termination of an
architectural conservancy district under sec. 60.1007, Wis. Stats. (e)
Matters relating to the establishment of a reinvestment
neighborhood required to be referred under sec. 66.1107, Wis. Stats. (f)
Matters relating to the establishment or termination of a business
improvement district required to be referred under sec. 60.1109, Wis.
Stats. (g)
A proposed housing project under sec. 66.1211(3), Wis. Stats. (h)
Matters relating to urban redevelopment and renewal in the Town
required to be referred under subch. XIII of ch. 66, Wis. Stats. (i)
The adoption or amendment of a Town subdivision or other land
division ordinance under sec. 236.45(4), Wis. Stats. (j)
Any other matter required by the Wisconsin Statues to be referred
to the Plan Commission. (3)
Required
referrals under this ordinance.
In addition to the referrals required by
the Wisconsin Statutes, the following matters shall be referred to
the Plan
Commission for report: (a)
Any proposal, under sec. 59.69, Wis. Stats., for the town to
approve
general county zoning so that it takes effect in the town, or to
remain
under general county zoning. (b)
Proposed regulations or amendments relating to historic
preservation
under sec. 60.64,Wis. Stats. (c)
A proposed driveway access ordinance or amendment. (d)
A proposed Town
official map ordinance under sec. 62.23(6), Wis. Stats., or any other
proposed Town ordinance under sec. 62.23, Wis. Stats., not specifically
required by the Wisconsin Statutes to be referred to the commission.
(e)
A proposed boundary change pursuant to an approved cooperative plan
agreement
under sec. 66.0225. Wis. Stats., or other authority. (f)
A 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. (g)
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 sec. 60.0309, Wis. Stats., another unit of
government,
a consultant or any other person or organization. (h)
A proposal to create environmental remediation tax incremental
financing in the town under sec. 66.1006, Wis. Stats. (i)
A proposed county agricultural preservation plan or amendment,
under subch. IV of ch. 91, Wis. Stats., referred by the county to the
Town, or proposed Town agricultural preservation plan or amendment. (j)
Any other matter required by any Town ordinance of Town Board
resolution or motion to be referred to the Plan Commission. (4)
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:
(a) A proposed county development plan or comprehensive plan,
proposed
element of such a plan, or proposed amendment to such a plan.
(b) A proposed intergovernmental cooperation agreement, under sec.
66.0301, Wis. Stats., or other statute, affecting land use, or a
municipal
revenue sharing agreement under sec. 66.0305, Wis. Stats. (c)
A proposed county plan, under sec. 236.465, 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. (d)
Any other matter deemed advisable for referral to the Plan Commission
for report. (5)
Referral period.
No final action may be taken by the Town Board or any other
office or body with final authority on a matter referred to the
Plan Commission
until the Commission has made its report, or thirty (30) days, or
such longer
period as stipulated by the Town Board, has passed since referral.
The thirty
(30) day period for referrals required by the Wisconsin Statutes
may be
shortened only if so authorized by statute. The thirty (30) 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
Statues, may be
made subject by the Town Board to a referral period shorter or
longer than the
thirty(30) day referral period if deemed advisable. Section
18. Effective Date Following
passage by the Town Board, this ordinance shall take effect the day after
the date of publication or posting as provided by sec. 60.80, Wis. Stats.
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