[HISTORY: Adopted by the Town Board of the Town of Vinland 2-13-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 261.
This chapter is entitled the "Town of Vinland Plan Commission Ordinance."
The purpose of this chapter is to establish a Town of Vinland 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 citizen involvement.
The Town Board of the Town of Vinland has been authorized by the Town Meeting under § 60.10(2)(c), Wis. Stats., to exercise village powers, and the Town has a population [as defined in § 990.01(29) Wis. Stats.] of less than 2,500, according to the most recent regular or special federal census. 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 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.
The Plan Commission shall consist of five citizen members, who are not otherwise Town officials and who shall be persons of recognized experience and qualifications.
The Town Board Chairperson shall appoint the members of the Plan Commission and designate a Plan Commission Chairperson. All appointments are subject to the advisory approval of the Town Board. Any citizen appointed to the Plan Commission shall take and file the oath of office within five days of notice of appointment.
The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of three years.
A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.
The Town Board of the Town of Vinland hereby sets a per diem allowance according to the fee schedule for 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Plan Commission may, under § 62.23(2), 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.
The Plan Commission, under § 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 record under §§ 19.21 to 19.39, Wis. Stats.
A. 
Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in § 96-6 of this chapter. 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 the laws are followed.
B. 
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.
C. 
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.
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.
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 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.
A. 
The Plan Commission, under § 62.23(2), Wis. Stats., shall, except as provided in Subsection B of this section, make and adopt the Town Master Plan, with accompanying maps, plats, charts and descriptive and explanatory matter, which shall include the nine elements specified under the comprehensive planning law, § 66.1001(2), Wis. Stats.
B. 
In lieu of the adoption of a Master Plan under Subsection A of this section, the Plan Commission may 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.
C. 
Regardless of whether the Town has a Master Plan under Subsection A of this section or is developing one, the Plan Commission shall make and adopt a Comprehensive Plan under Subsection B of this section and the comprehensive planning law, § 66.1001, Wis. Stats., 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.
D. 
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.
The Plan Commission, in order to ensure that the requirements of § 66.1001(4), Wis. Stats., are met, shall proceed as follows:
A. 
Public participation verifications. 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.
B. 
Resolution. 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:
(1) 
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;
(2) 
The plan contains the nine specified elements and meets the requirements of those elements;
(3) 
The (specified) maps and (specified) other descriptive materials relate to the plan;
(4) 
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
(5) 
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 C of this section.
C. 
Transmittal. One copy of the Comprehensive Plan or amendment adopted by the Plan Commission for recommendation to the Town Board shall be sent to:
(1) 
Every governmental body that is located in whole or in part within the boundaries of the Town, including the school districts.
(2) 
The clerk of every city, village, town, county and regional planning commission that is adjacent to the Town.
(3) 
The Department of Administration.
(4) 
The regional planning commission in which the Town of located.
(5) 
The public library that serves the area in which the Town is located.
A. 
Program administration. The Plan Commission shall, pursuant to Town ordinances, have the following powers:[1]
(1) 
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 as provided under § 96-17.
(2) 
Subdivision review. Proposed plats under Ch. 236, Wis. Stats., (and proposed subdivisions or other land divisions under § 236.45, Wis. Stats., and § 96-17) shall be referred to the Plan Commission for review and recommendation to the Town Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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 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.
A. 
Required referrals under § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report:
(1) 
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 § 236.45 Wis. Stats.
B. 
Required referrals under sections of the Wisconsin Statutes other than § 62.23(5), Wis. Stats.
(1) 
A proposed housing project under § 66.1211(3), Wis. Stats.
(2) 
Matters relating to urban redevelopment and renewal in the Town required to be referred under Subchapter XIII of Ch. 66, Wis. Stats.
(3) 
The adoption or amendment of a Town subdivision or other land division ordinance under § 236.45(4), Wis. Stats.
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 report:
(1) 
An application for a conditional use permit under Chapter 410, Zoning, of the Code.
(2) 
A proposed site plan (assuming that the Town Board has final authority and that such review is not already covered by Town zoning or subdivision ordinances).
(3) 
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.
(4) 
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, the regional planning commission, under § 66.0309, Wis. Stats., another unit of government, a consultant or any other person or organization.
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 report:
(1) 
A proposed county development plan or comprehensive plan, proposed element of such a plan or proposed amendment to such a 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.[1]
[1]
Editor's Note: Original subsection (f), which immediately followed this subsection, was repealed as being unnecessarily duplicative, at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
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.
(7) 
Any other matter deemed advisable for referral to the Plan Commission for report.
E. 
Referred 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 by the Town Board subject to a referral period shorter or longer than the 30 days' referral period if deemed advisable.
Following passage by the Town Board, this chapter shall take effect the day after the date of publication or posting as provided by § 60.80, Wis. Stats.