This article is entitled the "Town of Lake Tomahawk
Plan Commission Ordinance."
The purpose of this article is to establish
a Town of Lake Tomahawk 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 adoption
and implementation of comprehensive planning with significant citizen
involvement.
The Town Board of the Town of Lake Tomahawk
has been authorized by the Town Meeting under § 60.10(2)(c),
Wis. Stats., to exercise village powers, and the Town has a population
of less than 2,500, according to the most recent regular or special
federal census, § 990.01(29), Wis. Stats. 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 consists of five citizen
members who are not otherwise Town officials and who shall be persons
of recognized experience and qualifications. In addition, a Town Board
member will serve as a liaison and will have no voting powers.
The Town Board shall appoint the members of
the Plan Commission during the month of April to fill any expiring
term. In a year in which any Town Board member is elected at the spring
election, any appointment or designation by the Town Board 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.
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:
A. Initial terms. The members initially appointed to
the Plan Commission shall be appointed for staggered terms as follows:
two for two years and three for three years.
A person who is appointed to fill a vacancy
on the Plan Commission shall serve for the remainder of the term.
The Plan Commission may, under § 62.23(1),
Wis. Stats., recommend to the Town Board the employment of experts
and staff and may review and recommend to the Town Board proposed
payments under any contract with an expert.
The Plan Commission may, under § 62.23(1),
Wis. Stats., adopt rules for the transaction of its business, subject
to Town ordinances, and shall keep a record of its resolutions, transaction,
findings and determinations, which shall be a public record under
§ 19.21 through 19.39, Wis. Stats.
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 through 19.39,
Wis. Stats; Code of Ethics for Local Government Officials, § 19.42,
§ 19.58 and § 19.59, Wis. Stats.; Open Meetings,
§§ 19.81 through 19.89, Wis. Stats.; Misconduct in
Office, § 946.12, Wis. Stats.; and Private Interests in
Public Contracts, § 946.13, Wis. Stats. 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 of 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 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.