[Added 7-6-2010]
The Village Plan Commission, as defined herein and as established
in § 62.23(1), Wis. Stats., is the Village Plan Commission
referred to in this section.
A. Purpose. The purpose of this section is to establish a Village of
Dane Plan Commission and set forth its organization, powers and duties,
to further the health, safety, welfare and informed use of resources
for the benefit of current and future residents of the Village and
affected neighboring jurisdictions, through the adoption and implementation
of comprehensive planning with significant citizen involvement.
B. Authority; establishment. The Village Board hereby exercises its
Village powers and establishes a seven-member Plan Commission under
§§ 61.35 and 62.23, Wis. Stats. The Plan Commission
shall be considered the "Village Planning Commission" under § 236.45,
Wis. Stats., which authorizes, but does not require, Village adoption
of a subdivision or other land division ordinance.
[Amended 9-10-2012 by Ord. No. 2012-04f]
C. Membership. The Plan Commission shall consist of seven voting members
as follows: the Village President, who shall serve as the Plan Commission
Chairperson, one Village business owner or Village Board Trustee,
and five citizen members who are not Village officials. The Public
Works Director shall be an active member as an ex officio of the Plan
Commission, with the right and duty to participate in all deliberations
and actions, but without vote.
[Amended 5-1-2023 by Ord. No. 2023-01]
D. Appointments. The Village President shall appoint the members of
the Plan Commission, subject to Village Board approval. In a year
in which any Village Board member is elected at the spring election,
any appointment or designation by the Village President shall be made
after the election and qualification of the Village Trustee member
as 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, Wis. Stats.
[Amended 5-1-2023 by Ord. No. 2023-01]
E. Terms of office. The term of office for each Commission member shall
be for a period of three years, ending on May 1, or until a successor
is appointed and qualified, except:
[Amended 5-1-2023 by Ord. No. 2023-01]
(1) Initial terms. The citizen members initially appointed to the Plan
Commission shall be appointed for staggered terms.
(2) Village Trustee or President. Plan Commission members who are a Village
Board member shall serve for a period of two years, as allowed under
§ 66.0501(2), Wis. Stats., concurrent with his or her term
on the Village Board.
F. Vacancies. A person who is appointed to fill a vacancy on the Plan
Commission shall serve for the remainder of the term.
G. Compensation; expenses. No compensation will be provided to Plan
Commission members, unless otherwise determined by resolution of the
Village Board. Reimbursement will be provided for travel and attendance
at relevant professional seminars and conferences.
H. Experts and staff. The Plan Commission may, under § 62.23(1),
Wis. Stats., recommend to the Village Board the employment of experts
and staff and may review and recommend to the approval authority proposed
payments under any contract with an expert.
I. Rules; records. The Plan Commission, under § 62.23(2),
Wis. Stats., may adopt rules for the transaction of its business,
subject to Village ordinances, and shall keep a record of its resolutions,
transactions, findings and determinations, which shall be public records
under §§ 19.21 through 19.39, Wis. Stats.
J. Chairperson and officers.
(1) 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 Village ordinances and Commission rules:
(a)
Provide leadership to the Commission.
(b)
Set Commission meeting and hearing dates.
(c)
Provide notice of Commission meetings and hearings and set its
agendas, personally or by his or her designee.
(d)
Preside at Commission meetings and hearings.
(e)
Ensure that the laws are followed.
(2) 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.
(3) 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 Village Board,
designate the Village Clerk-Treasurer, who shall be an ex officio
member of the Plan Commission and its Secretary, with the right and
duty to participate in all deliberations and actions, but without
vote.
K. 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
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.
L. 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 Village
planning.
(2) To make reports and recommendations relating to the plan and development
of the Village to the Village Board, other public bodies, citizens,
public utilities and organizations.
(3) To recommend to the Village 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.
M. Village comprehensive planning: general authority and requirements.
(1) The Plan Commission shall 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.
(2) The Plan Commission shall make and adopt the Comprehensive Plan within
the time period directed by the Village Board.
(3) In this subsection, 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 Village by the Plan Commission, Village staff, another unit
of government, the Regional Planning Commission, a consultant, citizens,
an advisory committee, or any other person, group or organization.
N. Procedure for Plan Commission adoption and recommendation of a Village
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 Village 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
Village Board and for the Village Board to respond to such written
comments.
(2) Resolution. The Plan Commission, under § 66.1001(4)(b),
Wis. Stats., shall recommend its proposed Comprehensive Plan or amendment
to the Village 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 Village Board adopted written procedures to foster public
participation and that such procedures allowed for public participation
at each stage of preparing the Comprehensive Plan.
(b)
The plan contains the nine specified elements and meets the
requirements of those elements.
(c)
The (specified) maps and (specified) other descriptive materials
relate to the plan.
(d)
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.
(e)
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 this section.
(3) Transmittal. One copy of the Comprehensive Plan or amendment adopted
by the Plan Commission for recommendation to the Village Board shall
be sent to all parties as required under § 66.1001, Wis.
Stats.
O. Plan implementation and administration. The rules and regulations
that are developed with the Plan Commission shall be amended to the
Code when accepted by the Village Board by majority vote and published
in the designated paper.
P. Consistency. Any ordinance, amendment or program proposed by the
Plan Commission, and any Plan Commission approval, recommendation
for approval or other action under Village ordinances or programs
that implement the Village's Comprehensive Plan under §§ 62.23
and 66.1001, Wis. Stats., shall be consistent with that 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.
[Added 7-11-2017 by Ord.
No. 2017-01]
A. Purpose.
2015 Wisconsin Act 257, effective October 1, 2016, requires each municipality
that has an active tax incremental district (TID) to create and maintain
a standing Joint Review Board to remain in existence for the entire
time that any TID exists in the municipality. The Joint Review Board
is required to meet annually to review the municipality's annual report
that describes that status of each existing TID in the municipality
and is also required to undertake any other dates of a Joint Review
Board applicable to an open TID.
B. How constituted.
(1) The
Joint Review Board shall consist of five persons appointed as follows:
(a) One
representative appointed by the school district that has power to
levy taxes on the property within the TID.
(b) One
representative appointed by the technical college district that has
power to levy taxes on the property within the TID.
(c) One
representative appointed by the county that has power to levy taxes
on the property within the TID.
(d) One
representative appointed by the Village. This representative shall
be appointed by the President subject to confirmation by the Village
Board.
(e) One
member of the general public. This member shall be appointed by majority
vote of the other four members at the first meeting of the standing
Joint Review Board.
(2) If more
than one school district, more than one union high school district,
more than one elementary school district, more than one technical
college district, or more than one county has the power to levy taxes
on the property within the TID, the unit in which property of the
tax incremental district that has the greatest value is located shall
appoint that representative to the Board.
(3) Each entity identified in Subsection
B(1) and
(2) above shall be allowed to appoint a primary representative and one or more alternate to attend meetings of the Joint Review Board. Any alternate member shall have the same voting authority as the primary member.
C. Terms. The
Joint Review Board shall remain in existence for the entire time that
any TID exists in the Village. Each entity required to appoint a member
to the Joint Review Board shall be responsible for creating its own
procedure to appoint a representative to the Joint Review Board. On
or before June 1 of each year, each entity shall notify the Village
Clerk, in writing, in order to identify the person that will be representing
the entity at the upcoming annual meeting of the Joint Review Board.
That person shall be the person designated to receive notice of future
Joint Review Board meetings until the Village Clerk is notified, in
writing, that an entity has appointed a different person.
D. Duties.
(1) The
Joint Review Board shall meet annually on July 1, or as soon as the
annual report for any TID becomes available, in order to review the
annual report(s) and to review the performance and status of each
TID governed by the Joint Review Board.
(2) The
Joint Review Board shall meet at any time the Village desires to create
a new TID, amend an existing project plan, have an existing TID incremental
base redetermined or incur project costs as described in § 66.1105(2)(f)1.n,
Wis. Stats., for an area that is outside of the TID's boundaries.
(3) In addition to the procedures set forth in Subsection
D(1) and
(2) above, a meeting of the Joint Review Board may be called upon the call of any member.
(4) The Joint Review Board shall appoint the public member and elect a chairperson at the first meeting of the standing Joint Review Board. Subsequent appointments to fill vacancies of the public member or to reelect a chairperson shall occur at the annual meeting described under Subsection
D(1) above or prior to the public hearing described under § 66.1105(4)(a) or (h)1, Wis. Stats., is held.