[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-8. Amendments noted where applicable.]
GENERAL REFERENCES
Land use legislation — See Part III of this
Code.
This chapter is entitled the "Town of Pacific Plan Commission
Ordinance."
The purpose of this chapter is to establish a Town of Pacific
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. This
chapter repeals and replaces any previously adopted Town ordinance
as to those matters that are provided for in this chapter.
The Town Board of the Town of Pacific, having been authorized
by 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. A quorum will constitute
four members. The Plan Commission shall be considered the "town planning
agency" under §§ 236.02(13) and 236.45, Wis. Stats.
A.
Commission composition and appointment. The Town Plan Commission
shall consist of seven members, all of whom shall be voting members.
(1)
Two members shall be members of the Town Board; one of those members
shall be the Town Chairperson. The other Town Board member shall be
appointed in April by the Town Chairperson, subject to confirmation
by the Town Board, to serve for a term of one year.
(2)
The five remaining members of the Town Plan Commission shall be citizen
members, who reside in the Town but are not otherwise Town officials.
They shall be appointed by the Town Chairperson, subject to confirmation
by the Town Board. The citizen members shall be appointed in April
for a term of three years, and their terms shall be staggered so that
the terms of no more than two members shall terminate in the same
year. Efforts shall be made to provide that appointees be knowledgeable
citizens from diverse geographical locations within the Town and from
diverse occupational backgrounds. New appointees who have been nominated
to serve on the Commission may be asked to complete a questionnaire
from the Town and/or asked to appear before the Town Board to respond
to any questions which Board members may wish to present to them,
before the Board votes on the approval of their nomination.
[Amended 4-19-2016 by Ord. No. 2016-1]
B.
Required attendance. Citizen Commission members are required to attend
regularly scheduled meetings. If a citizen member misses three consecutive
meetings, the member will be subject to removal from the Commission
by the Town Board, effective on the date of the third missed meeting,
except in the following circumstances:
(1)
The member is absent for any of the three consecutive meetings due
to his or her own illness or the illness of a family member or other
emergency, provided that the member can supply proof of the offered
reason for the absence to the Town Board upon request of any Board
member; or
(2)
As to any of the three or more missed meetings, the member has notified
the Town Chairperson, in writing, that he or she will be absent from
a regularly scheduled meeting. Such notice must be given as far in
advance as possible.
C.
Temporary absences. If a citizen Commission member knows that he or she will be absent for three consecutive meetings, for whatever reason, and that member also complies with Subsection B above, the Town Chairperson may make a temporary appointment, subject to Town Board approval, to fill that member's position for the length of the member's absence but not to exceed six months for such temporary appointment. The temporary appointee shall then have all of the duties, powers and responsibilities of the member whose position the appointee temporarily fills.
D.
Removal of Commission member. The Town Board may remove any citizen
Commission member from the Commission at any time and for any reason
by majority vote, so long as the removal is not on a discriminatory
basis prohibited by law. Such position on the Commission shall then
be deemed to be vacant and shall be filled as provided herein.
E.
Vacancies. Vacancies shall be filled by appointment for the remainder
of the unexpired term in the same manner as appointment of a member
for a full term.
The Town Board of the Town of Pacific shall set a per diem allowance
for each Plan Commission meeting attended for citizen and Town Board
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.
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 Interest in Public Contracts, § 946.13,
Wis. Stats. Commission members shall further perform their duties
in a fair and rational manner and avoid arbitrary actions.
A.
Officers.
(1)
Chairperson. The Town Chairperson shall be the Plan Commission Chairperson
unless he/she declines to serve in that position. The Chairperson
shall, subject to Town 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 their
agendas, personally or by his or her designee;
(d)
Arrange for attendance of alternates in the absence of a regular
member;
(e)
Preside at Commission meetings and hearings and ensure that
the laws are followed in a fair and equitable manner;
(f)
Arrange for research to be performed, as may be appropriate,
on issues that come before the Commission, such as county records,
statutes and ordinances;
(g)
Arrange for the review of information provided by those appearing
before the Commission, in advance, and to advise when information
is incomplete and require that the missing information be provided;
and
(h)
Arrange for occasional education sessions for Commission members.
(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 Town Board, designate
the Town Clerk or other Town officer or employee as Secretary. The
Secretary shall be entitled to the same per-meeting compensation as
Commission members. The Plan Commission Secretary shall prepare the
Plan Commission agendas and duly notice Plan Commission meetings,
make a record of the proceedings of the Plan Commission and maintain
the records of the Plan Commission. The Plan Commission Secretary
shall promptly provide to the Town, from the Plan Commission records
in the possession of the Plan Commission Secretary, any Plan Commission
records that the Town Clerk or Town Board may request.
[Amended 8-19-2014 by Ord. No. 2014-6]
B.
Operations. The Town Plan Commission shall organize and adopt rules
for its own governance, which rules shall in all respects be consistent
with this chapter and Wisconsin Statutes.
(1)
Meetings. Unless exempt, all meetings shall be open to the public.
Notice of the time and location of each meeting shall be posted in
reasonable locations and published in a local newspaper of general
circulation in the area.
(2)
Quorum shall be four members, with all actions requiring a majority
vote of the quorum present.
(3)
A written record shall be kept showing all actions taken, resolutions,
findings, determinations, transactions and recommendations made, and
a copy shall be filed with the Town Clerk as a public record.
The Plan Commission, under § 62.23(4), Wis. Stats.,
shall have the power as outlined below:
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.
F.
To employ expert staff pursuant to § 62.23(1), Wis. Stats.,
and to pay for their services and such other expenses as may be necessary,
not to exceed the appropriations and regulations made by the Town
Board.
[Amended 2-18-2014 by Ord. No. 2014-1]
A.
The Plan Commission shall administer its Comprehensive Plan under
§§ 62.23 and 66.1001, Wis. Stats., which Plan contains
the elements specified in § 66.1001(2), Wis. Stats., and
follows the procedures in § 66.1001(4), Wis. Stats. The
Plan Commission shall amend/update the Comprehensive Plan from time
to time as the Town Board directs.
B.
The Plan Commission shall adopt the Comprehensive Plan and/or necessary
amendments 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, 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.
C.
In this section, the Plan Commission is responsible for Plan preparation,
which includes oversight of the work and general procedure therein,
whether the work is performed for the Town by the Plan Commission,
Town staff, another unit of government, regional planning commission,
a consultant, citizens, an advisory committee, or any other person,
group or organization.
A.
Ordinance development. If directed by resolution or motion of the
Town Board, the Plan Commission shall prepare or revise the following:
(1)
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 farmland preservation zoning ordinance under subch.
III of Ch. 91, Wis. Stats., and any other zoning ordinance within
the Town's authority.[1]
(2)
Official Map. A proposed Official Map ordinance under § 62.23(6),
Wis. Stats.
(3)
Subdivisions. A proposed town subdivision or other land division
ordinance under § 236.45, Wis. Stats.
(4)
Other. Any other ordinance specified by the Town Board (e.g., historic
preservation, design review, site plan review).
B.
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.
C.
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.
D.
Program administration. The Plan Commission shall, pursuant to Town
ordinances, have the following powers:
(1)
Zoning conditional use permits. The Town Clerk and County Zoning
Administrator shall refer applications for conditional use permits
to the Plan Commission for review and recommendation to the Town Board.
(2)
Subdivision review. Proposed plats under Wis. Stats. § 236,
and proposed subdivisions or other land divisions under the Town Subdivision
Ordinance under Wis. Stats. § 236.45, and the Town ordinances
shall be referred for review and recommendation to the Town Board.
(3)
Site plan review, design review. Proposed site development projects
in commercial, industrial, institutional, public or quasi-public,
utility, large-scale agricultural projects, waste management, condominium,
and multifamily residential uses shall be referred for review and
recommendation to the Town Board.
(4)
Review and approval of erosion control and stormwater management
plans. Proposed development plans shall be reviewed by the Plan Commission
for erosion control and stormwater management practices with the assistance
of the Town Engineer and in accordance with the Town of Pacific Code.
(5)
Oversee Driveway Ordinance administration. The Plan Commission shall
review all driveway permits issued under the Town of Pacific Code
and shall oversee Town Building Inspector and Town Engineer in their
day-to-day administration of same.[2]
(6)
Oversee building inspection program. The Town Plan Commission shall
oversee the building inspection program and its administration by
the appointed Municipal Building Inspector or appointed municipal
building inspection consultant(s).
E.
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 the Plan as then in effect.
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.[3]
F.
Records to Town Board. The Town Board shall be copied on all applications
referred to the Plan Commission. Further, a copy of all agendas, minutes,
reports and recommendations of the Plan Commission shall be provided
to the Town Board in a timely manner.
A.
Required referrals under § 62.23(5), Wis. Stats. The following
shall be referred to the Plan Commission for consideration and report:
(1)
The location and architectural design of any public building.
(2)
The location of any statue or other memorial.
(3)
The location, acceptance, extension, alteration, vacation, abandonment,
change of use, sale, acquisition of land for or lease of land for
any of the following purposes:
(4)
The location, extension, abandonment or authorization for any publicly
or privately owned public utility.
(5)
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 § 236.54, Wis. Stats.
(7)
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.
B.
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 consideration and report:
(1)
An application for initial licensure of a child welfare agency or
group home under § 48.63(3), Wis. Stats.
(2)
An application for initial licensure of a community-based residential
facility under § 50.03(4), Wis. Stats.
(3)
Proposed designation of a street, road or public way, or any other
part thereof wholly within the jurisdiction of the Town, as a pedestrian
mall under § 66.0905, Wis. Stats.
(4)
Matters relating to the establishment or termination or an architectural
conservancy district under § 66.1007, Wis. Stats.
(5)
Matters relating to the establishment of a reinvestment neighborhood
required to be referred under § 66.1107, Wis. Stats.
(6)
Matters relating to the establishment or termination of a business
improvement district required to be referred under § 66.1109,
Wis. Stats.
(7)
A proposed housing project under § 66.1211(3), Wis. Stats.
(8)
Matters relating to urban redevelopment and renewal in the Town required
to be referred under subch. XIII of Ch. 66, Wis. Stats.
(9)
The adoption or amendment of a Town subdivision or other land division
ordinance under § 236.45(4), Wis. Stats.
(10)
Any other matter required by the Wisconsin Statutes to be referred
to the Plan Commission.
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 consideration and report:
(1)
Any proposal under § 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.
(2)
Proposed regulations or amendments relating to historic preservation
under § 60.64, Wis. Stats.
(3)
A proposed driveway access ordinance or amendment.
(4)
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.
(5)
A proposed Town zoning ordinance or amendment adoption 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
farmland preservation zoning ordinance under subch. III of Ch. 91,
Wis. Stats.[1]
(6)
An application for a conditional use permit under the Town Zoning Ordinance (Chapter 475, Zoning).
(7)
A proposed site plan subject to the Town Site Plan Review Ordinance (Chapter 461, Site Plan Review).
(8)
A proposed extraterritorial zoning ordinance or a proposed amendment
to an existing ordinance under § 62.23(7a), Wis. Stats.
(9)
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.
(10)
A proposed zoning ordinance or amendment pursuant to an agreement
in an approved cooperative plan under § 66.0307(7m), Wis.
Stats.
(11)
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.
(12)
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, consultant
or any other person or organization.
(13)
A proposed ordinance, regulation or plan, or amendment to the
foregoing, relating to a mobile home park under § 66.0435,
Wis. Stats.
(14)
A proposed agreement, or proposed modification to such agreement,
to establish an airport affected area under § 66.1009, Wis.
Stats.
(15)
A proposed Town airport zoning ordinance under § 114.136(2),
Wis. Stats.
(16)
A proposal to create environmental remediation tax incremental
financing in the Town under § 66.1106, Wis. Stats.
(17)
A proposed county agricultural preservation plan or amendment,
under subch. II of Ch. 91, Wis. Stats., referred by the county to
the Town, or proposed Town agricultural preservation plan or amendment.[2]
(18)
Any proposals pertaining to planning, implementation and construction
in any special corridor provided for under the Town's Comprehensive
Plan.
(19)
Any other matter required by any Town ordinance or Town Board
resolution or motion to be referred to the Plan Commission.
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 consideration and report:
(1)
A proposed county development plan or comprehensive plan, proposed
element of such a plan, or proposed amendment to such 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.
(6)
A proposed plat or other land division under the county subdivision
or other land division ordinance under § 236.45, Wis. Stats.
(7)
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.
(8)
Any other matter deemed advisable for referral to the Plan Commission
for consideration and report.
E.
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 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 subject by
the Town Board to a referral period shorter or longer than the thirty-day
referral period if deemed advisable.
