Town of Cedarburg, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 2, Ch. 5 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative determinations review — See Ch. 5.
Ethics — See Ch. 40.
Officers and employees — See Ch. 63.
Town Board — See Ch. 78.

§ 16-1 Board of Review.

A. 
Composition. The Board of Review shall consist of the Chairperson, Town Board Supervisors and Town Clerk.
B. 
Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.
C. 
Meetings. The Board of Review shall meet annually on the second Monday of May at the Town Hall of the Town of Cedarburg, and notice of such meeting shall be published pursuant to the state statutes. The Board, through its Clerk, shall establish its meeting hours pursuant to § 70.47(3)(b), Wis. Stats. The Board may adjourn from day to day or from time to time, until such time as its business is completed, provided that adequate notice of each adjournment is so given.
D. 
Confidentiality of certain information for assessment purposes.
[Added 4-5-2000 by Ord. No. 2000-13]
(1) 
This subsection adopts by reference § 70.47(7)(af), Wis. Stats. Income and expense information provided by property owners to an Assessor for the purpose of establishing the valuation for assessment purposes by the income method of valuation shall be confidential and not a public record open to inspection or copying under § 19.35(1), Wis. Stats.
(2) 
Exceptions. An officer may make disclosure of such information under the following circumstances:
(a) 
The Assessor has access to such information in the performance of his/her duties.
(b) 
The Board of Review may review such information when needed, in its opinion, to decide upon a contested assessment.
(c) 
Another person or body has the right to review such information due to the intimate relationship to the duties of an office or as set by law.
(d) 
The officer is complying with a court order.
(e) 
The person providing the income and expense information has contested the assessment level at either the Board of Review or by filing a claim for excessive assessment under § 74.37, Wis. Stats., in which case the base records are open and public.

§ 16-2 Zoning Board of Appeals. [1]

[Amended 10-4-2006 by Ord. No. 2006-11]
A. 
Establishment. The Town Board, which enacts zoning regulations pursuant to the Wisconsin Statutes, as amended, hereby provides for the appointment of a Zoning Board of Appeals. The Zoning Board of Appeals may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Town Zoning Ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. Nothing in this section shall preclude the granting of special exceptions by the Town Plan Commission or the Town Board in accordance with the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 320, Zoning.
B. 
Membership.
(1) 
The Zoning Board of Appeals shall consist of five members appointed by the Chairperson subject to majority confirmation of the Town Board. No Town Supervisor shall be a member of the Zoning Board of Appeals.
(2) 
The members of the Zoning Board of Appeals shall all reside within the Town of Cedarburg. Terms shall be for three years, except that of those first appointed one shall serve for one year, two for two years and two for three years. Successors shall be appointed in a like manner at the expiration of each term and their term shall be three years in all cases.
(3) 
The Chairperson of the Zoning Board of Appeals shall be designated by the Town Chairperson.
(4) 
The members of the Board shall serve at such compensation to be fixed by ordinance and shall be removable by the Chairperson for cause upon written charges and after public hearing.
(5) 
The Chairperson may appoint, for staggered terms of three years, two alternate members of such Board, in addition to the five members above provided for. Annually, the Chairperson shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board so refuses or is absent.
(6) 
The Board may employ a secretary and other employees.
(7) 
Vacancies shall be filled for the unexpired terms of members whose terms become vacant.
(8) 
The above provisions with regard to removal and the filling of vacancies shall apply to alternate members.
(9) 
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within five days of receiving notice of their appointment.
C. 
Organization.
(1) 
The Zoning Board of Appeals shall organize and adopt rules in accordance with the provisions of the Zoning Ordinance.
(2) 
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine and shall be open to the public.
(3) 
The Chairperson or, in the Chairperson's absence, the acting Chairperson may administer oaths and compel the attendance of witnesses.
(4) 
The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
D. 
Appeals.
(1) 
Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Town affected by any decision of the administrative officer.
(2) 
Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Zoning Board of Appeals a notice of appeal specifying the grounds thereof.
(3) 
The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(4) 
An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the officer, that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.
(5) 
The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.
(6) 
Upon the hearing any party may appear in person or by agent or by attorney.
(7) 
In any action involving a listed property, as defined in § 44.31(4), Wis. Stats., the Board shall consider any suggested alternatives or recommended decision submitted by the Landmarks Commission or the Plan Commission.
E. 
Powers.
(1) 
The Zoning Board of Appeals shall have the following powers:
(a) 
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Wisconsin Statutes, as amended, or of any ordinance adopted pursuant thereto.
(b) 
Exceptions. To hear and decide special exceptions to the terms of the Zoning Ordinance upon which such Board is required to pass under such ordinance.
(c) 
Variances. To authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. The Board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the Zoning Ordinance, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
(2) 
In exercising the above-mentioned powers such Board may, in conformity with the provisions of such section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end the Board shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the Zoning Ordinance, or to effect any variation in such ordinance. The grounds of every such determination shall be stated.
F. 
Certiorari.
(1) 
Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the Town, may, within 30 days after the filing of the decision in the office of the Zoning Board of Appeals, commence an action seeking the remedy available by certiorari.
(2) 
The court shall not stay proceedings upon the decision appealed from but may, on application, on notice to the Zoning Board Appeals and on due cause shown, grant a restraining order.
(3) 
The Zoning Board of Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof.
(4) 
If necessary for the proper disposition of the matter, the court may take evidence or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
(5) 
The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
G. 
Costs. Costs shall not be allowed against the Board unless it shall appear to the court that the Board acted with gross negligence or in bad faith, or with malice, in making the decision appealed from.
H. 
Preference. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
[1]
Editor's Note: See also Ch. 320, Zoning, Art. XIV, Appeals.

§ 16-3 Plan Commission.

[Amended 5-3-2000 by Ord. No. 2000-15; 6-1-2005 by Ord. No. 2005-2; 7-5-2006 by Ord. No. 2006-8]
A. 
Title. This section is titled the "Town of Cedarburg Plan Commission Ordinance."
B. 
Purpose. The purpose of this section is to establish a Town of Cedarburg 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.
C. 
Authority; establishment. The Town Board of the Town of Cedarburg, having been authorized by the Town Meeting under § 60.10(2)(c), Wis. Stats., to exercise village powers, hereby exercises village powers under § 60.22(3), Wis. Stats., and establishes a seven-member Plan Commission under §§ 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.
D. 
Membership. The Plan Commission consists of two members of the Town Board, which may include any elected official (i.e., Town Chair or Town Supervisor), and five citizen members, who are not otherwise Town officials, and who shall be persons of recognized experience and qualifications.
E. 
Appointments. The Town Board Chairperson shall appoint the members of the Plan Commission and select a Plan Commission Chairperson during the month of April to fill any expiring term. The Town Board Chairperson may appoint himself or herself or another Town Board member to the Plan Commission and may select himself or herself, the other Town Board member or a citizen member as Chairperson of the Plan Commission. All appointments are subject to confirmation by the majority approval of the Town Board. 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 days of notice of appointment, as provided under §§ 19.01 and 60.31, Wis. Stats.
F. 
Terms of office. The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of three years, ending on April 30, or until a successor is appointed and qualified, except:
(1) 
Initial terms. Since 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 one person for a term that expires in three years.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Vacancies and removals. If a vacancy occurs during the term, the Town Board Chairperson shall appoint a replacement to fill any vacancy on the Plan Commission. A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term of the person he or she is replacing. An appointee to the Plan Commission may be removed before the expiration of the appointee's term by the majority vote of the Town Board.
H. 
Compensation; expenses. The Town Board of the Town of Cedarburg hereby sets an annual stipend of $125 per year for every Plan Commissioner, to be paid to the Plan Commission every April following one year of service. Furthermore, the Town Board may reimburse reasonable costs and expenses incurred by Plan Commissioners while serving in their official capacity, as allowed under § 60.321, Wis. Stats.
I. 
Experts and staff. The Plan Commission may, under § 62.23(1)(e), 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.
J. 
Rules; records. The Plan Commission, under § 62.23(2), Wis. Stats., may adopt rules for the transactions 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.
K. 
Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in Subsections E and F of this section. The Chairperson shall, subject to Town ordinances and Commission rules:
(1) 
Provide leadership to the Commission;
(2) 
Set Commission meeting and hearing dates;
(3) 
Provide notice of Commission meetings and hearings and set their agendas, personally or by his or her designee;
(4) 
Preside at Commission meetings and hearings; and
(5) 
Ensure that laws are followed.
L. 
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, § 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.
M. 
General and miscellaneous powers. The Plan Commission, under § 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 planning 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 required 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 § 66.0119, Wis. Stats., or other court-issued warrant.
N. 
Town comprehensive planning; general authority and requirements.
(1) 
The Plan Commission shall make and adopt a Comprehensive Plan under § 66.1001(2), Wis. Stats, and follows the procedures in § 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 any Town program or action affecting land use must be consistent with the Town Comprehensive Plan under § 66.1001(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.
O. 
Procedure for Plan Commission adoption and recommendation of a Town Comprehensive Plan or amendment. The Plan Commission, in order to ensure that the requirements of § 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 a 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) 
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:
(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 nine 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 § 66.1001(4), Wis. Stats., and Subsection O(3) of this section.
(3) 
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 or 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
P. 
Plan implementation and administration.
(1) 
Ordinance development. If directed by resolution or motion of the Town Board, the Plan Commission shall prepare the following:
(a) 
Zoning. A proposed Town zoning ordinance under village powers, §§ 60.22(3), 61.35 and 62.23(7), Wis. Stats., a Town construction site erosion control and stormwater management zoning ordinance under § 60.627(6), Wis. Stats., a Town exclusive agricultural zoning ordinance under Subchapter V of Ch. 91, Wis. Stats., and any other zoning ordinance within the Town's authority.
(b) 
Official map. A proposed official map ordinance under § 62.23(6), Wis. Stats.
(c) 
Subdivisions. A proposed Town subdivision or other land division ordinance under § 236.45, Wis. Stats.
(d) 
Other. Any other ordinance specified by the Town Board (e.g., historic preservation, design review, or 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 land use.
(3) 
Nonregulatory programs. The Plan Commission, on its own motion, or at the direction of the Town Board by resolution or motion, may propose nonregulatory 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) 
Zoning conditional use permits. The zoning administrator shall refer applications for conditional use permits under Town zoning to the Plan Commission for review and recommendation to the Town Board.
(b) 
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. Any ordinance, amendment or program proposed by the Plan Commission, and any other 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.
Q. 
Referrals to the Plan Commission.
(1) 
Required referrals under § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for a detailed report to be submitted to the Town Board:
(a) 
The location and architectural design of any public building.
(b) 
The location of any statute 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:
[1] 
Street, alley or other public way;
[2] 
Park or playground;
[3] 
Airport;
[4] 
Area for parking vehicles; or
[5] 
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 § 236.45, Wis. Stats., including divisions under a Town subdivision or other land division ordinance adopted under § 236.45, Wis. Stats.
(f) 
The location, character and extent or acquisition, leasing or sale of lands for:
[1] 
Public or semipublic housing;
[2] 
Slum clearance;
[3] 
Relief of congestion; or
[4] 
Vacation camps for children.
(g) 
The amendment or repeal of any ordinance adopted under § 62.23, Wis. Stats., including ordinances relating to the Town Plan Commission; the Town Master Plan or the Town Comprehensive Plan under § 66.1001, Wis. Stats.; a Town Official Map; and Town zoning under village powers.
(2) 
Required referrals under sections of the Wisconsin Statutes other than § 62.23(5), Wis. 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 § 48.68(3), Wis. Stats.
(b) 
An application for initial licensure of a community-based residential facility under § 50.03(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 § 66.0905, Wis. Stats.
(d) 
Matters relating to the establishment or termination of an architectural conservancy district under § 66.1007, Wis. Stats.
(e) 
Matters relating to the establishment of a reinvestment neighborhood required to be referred under § 66.1107, Wis. Stats.
(f) 
Matters relating to the establishment or termination of a business improvement district required to be referred under § 66.1109, Wis. Stats.
(g) 
A proposed housing project under § 66.1211(3), Wis. Stats.
(h) 
Matters relating to urban redevelopment and renewal in the Town required to be referred under Subchapter XIII of Ch. 66, Wis. Stats.
(i) 
The adoption or amendment of a Town subdivision or other land division ordinance under § 236.45(4), Wis. Stats.
(j) 
Any other matter required by the Wisconsin Statutes to be referred to the Plan Commission.
(3) 
Required referrals under this section. In addition to referrals required by the Wisconsin Statutes, the following matters shall be referred to the Plan Commission for report:
(a) 
Any proposal, under § 59.60, 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 § 60.64., Wis. Stats.
(c) 
A proposed driveway access ordinance or amendment.
(d) 
A proposed Town official map ordinance under § 62.23(6), Wis. Stats., or any other proposed Town ordinance under § 62.23, Wis. Stats., not specifically required by the Wisconsin Statutes to be referred to the Commission.
(e) 
A proposed Town zoning ordinance or amendment adopted under authority separate from or supplemental to § 62.23, Wis. Stats., including a Town construction site erosion control and stormwater management zoning ordinance under § 60.627(6), Wis. Stats. and a Town exclusive agricultural zoning ordinance under Subchapter V of Ch. 91, Wis. Stats.
(f) 
An application for a conditional use permit under the Town Zoning Ordinance.
(g) 
A proposed site plan.
(h) 
A proposed extraterritorial zoning ordinance or a proposed amendment to an existing ordinance under § 62.23(7a), Wis. Stats.
(i) 
A proposed boundary change pursuant to an approved cooperative plan agreement under § 66.0307, Wis. Stats., or a proposed boundary agreement under § 66.0225, Wis. Stats., or other authority.
(j) 
A proposed zoning ordinance or amendment pursuant to an agreement in an approved cooperative plan under § 66.0307(7m), Wis. Stats.
(k) 
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.
(l) 
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 § 66.0309, Wis. Stats., another unit of government, a consultant or any other person or organization.
(m) 
A proposed ordinance, regulation or plan, or amendment to the foregoing, relating to a mobile home park under § 66.0435, Wis. Stats.
(n) 
A proposed agreement, or proposed modification to such agreement, to establish an airport affected area, under § 66.1009, Wis. Stats.
(o) 
A proposed Town airport zoning ordinance under § 114.136(2), Wis. Stats.
(p) 
A proposal to create environmental remediation tax incremental financing in the Town under § 66.1106, Wis. Stats.
(q) 
A proposed county agricultural preservation plan or amendment, under Subchapter IV of Ch. 91, Wis. Stats., referred by the county to the Town, or proposed Town agricultural preservation plan or amendment.
(r) 
Any other matter required by any Town ordinance or 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 plan.
(b) 
A proposed county zoning ordinance or amendment.
(c) 
A proposed county subdivision or other land division ordinance under § 236.45, Wis. Stats., or amendment.
(d) 
An appeal or permit application under the county zoning ordinance to the county zoning board of adjustment, county planning body or other county body.
(e) 
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.
(f) 
A proposed plat or other land division under the county subdivision or other land division ordinance under § 236.45, Wis. Stats.
(g) 
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.
(h) 
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 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, have 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' ordinance, but not required to be referred under the Wisconsin Statutes, may be made subject by the Town Board to a referral period shorter or longer than the thirty-day referral period if deemed advisable.

§ 16-4 Library Board.

[Amended 3-3-2010 by Ord. No. 2010-5]
The Town of Cedarburg has an undivided 1/3 interest in the Cedarburg Library by virtue of its payment of approximately 1/3 of the cost of the library facilities. If the Town of Cedarburg were to enter into a joint library agreement with the City of Cedarburg, the Town is to be represented on the Cedarburg Library Board. The members representing the Town of Cedarburg on the Library Board shall be appointed by the Chairperson, with the confirmation of the Supervisors, and shall hold office for such term as designated in their appointment. They shall be residents of the Town of Cedarburg.

§ 16-5 Community Pool Commission.

[Amended 3-3-2010 by Ord. No. 2010-6]
The Town of Cedarburg makes appropriations to the City of Cedarburg which permits the residents of the City of Cedarburg and Town of Cedarburg to engage in various pool-related activities under the auspices of the City of Cedarburg Community Pool Commission. Under arrangements made, the Town of Cedarburg has been entitled to have two regular members and one alternate member of the Community Pool Commission representing the Town of Cedarburg. For so long as this arrangement continues, the Town Chairperson of the Town of Cedarburg, with confirmation of the Supervisors, shall appoint said members of the Community Pool Commission for such term as shall be designated. The members so appointed shall be residents of the Town of Cedarburg.[1]
[1]
Editor's Note: Original § 2-5-6, City and Town of Cedarburg Disposal Commission, which immediately followed this section, was deleted 10-4-2006 by Ord. No. 2006-11.

§ 16-6 Park and Recreation Committee.

[Added 9-7-2005 by Ord. No. 2005-9; amended 12-3-2008 by Ord. No. 2008-22; 5-5-2010 by Ord. No. 2010-9]
A. 
Name. There is hereby created and established a Town of Cedarburg Park and Recreation Committee (hereinafter “Committee”). Said Committee shall have all the powers hereinafter enumerated.
B. 
How constituted.
(1) 
The Committee shall be composed of four Town of Cedarburg citizen members and one Town Supervisor. Two members shall address facilities and activities associated with passive parks. Two members shall address facilities and activities associated with active parks. The Town Board member shall address both active and passive facilities and activities.
(2) 
The citizen members shall be appointed by the Town Chairperson with the majority approval of the Town Board and shall be appointed for three-year terms in April.
(3) 
The Supervisor member of the Committee shall be appointed by the Town Chairman with the majority approval of the Town Board in April of each year, and shall serve as the chair of the Park and Recreation Committee.
[Amended 6-2-2010 by Ord. No. 2010-11]
(4) 
Insofar as practical and with due regard to the qualifications, the citizen members shall be from different parts of the Town of Cedarburg.
C. 
Meetings.
(1) 
The Committee shall hold regular monthly meetings on the first Tuesday of every month, to be held at Town Hall (1293 Washington Avenue), a Town park, or a place otherwise specified by the Park and Recreation Committee at a time specified by the Park and Recreation Committee.
[Amended 6-2-2010 by Ord. No. 2010-11; 11-2-2011 by Ord. No. 2011-9]
(2) 
The Town Administrator shall serve as the staff liaison for the Committee meetings.
(3) 
A Town clerical employee shall serve as the Secretary of the Committee and shall keep minutes of all proceedings as required by current Wisconsin Statutes.
D. 
General duties.
(1) 
In an advisory capacity to the Town Board, the Committee shall undertake the planning, development, acquisition, expansion, disposition, maintenance and use of all parks and recreation facilities in the Town of Cedarburg.
(2) 
The Committee shall work to provide the broadest community benefit in its provision of parks and recreation activities in the Town and shall act to sustain, enhance and preserve the natural resources of the Town of Cedarburg.
(3) 
The Committee shall make recommendations to the Town Board when it deems appropriate to make application for grant funds from state agencies for the purpose of creating or enhancing the Town’s parks and related facilities and recreation programs.

§ 16-7 Landmarks Commission.

A. 
Composition; terms. The Landmarks Commission shall be composed of seven qualified persons who are competent and informed in the historical, architectural and cultural traditions of the community. All Commissioners shall be appointed by the Town Chairperson, subject to confirmation by a majority vote of the Town Board. Four members shall be appointed for three-year terms at the May Town Board meeting of odd-numbered years, and three members shall be appointed for three-year terms at the May Town Board meeting of even-numbered years. The Commission chairperson shall be appointed by the Town Chairman with the majority approval of the Town Board. A vacancy occurring in the membership for any cause shall be filled by a person appointed by the Town Chairperson and confirmed by a majority vote of the Town Board for the unexpired term. The members of said Commission shall receive no compensation except for expense reimbursement sustained in carrying out their duties and as authorized by the Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11; 7-21-2010 by Ord. No. 2010-14]
B. 
Duties. In addition to those duties specified in Chapter 186 of this Code, the Commission shall:
(1) 
Actively work for the passage of enabling legislation which would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of Chapter 186 of this Code.
[Amended 10-4-2006 by Ord. No. 2006-11]
(2) 
Work closely and keep in communication with the City of Cedarburg Landmarks Commission, Ozaukee County Historical Society and State Historical Society of Wisconsin.
(3) 
Work closely with the State of Wisconsin liaison officer and the Governor's liaison committee for the National Register of Historic Places of the United States National Park Service in attempting to include such properties hereunder designated as landmarks or landmark sites on the Federal Register.
(4) 
Work for the continuing education of the citizens of Cedarburg about the historic heritage of this Town and the landmarks and the landmark sites designated under the provisions of this Code.

§ 16-8 Meetings and public notice. [1]

A. 
Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the Town of Cedarburg shall:
(1) 
Fix a date, time and place for its meetings;
(2) 
Send notice to the official Town newspaper in advance of each meeting of the date, time and place thereof; and
(3) 
Post by at least one public place likely to give notice to persons affected and place electronically on an Internet site maintained by the municipality an agenda of the matters to be take up at such meeting.
[Amended 12-2-2015 by Ord. No. 2015-13]
B. 
Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89, Wis. Stats.
C. 
Minutes. The secretary of each board, committee and commission shall file a copy of the meeting minutes of such board or commission with the Town Clerk.
[1]
Editor's Note: See also Ch. 78, § 78-15, Public hearings.