[HISTORY: Adopted by the Town Board of the Town of Wescott 3-9-2004 by Ord. No. 2004-02. Amendments noted where applicable.]
The short title of this chapter is the "Town of Wescott Plan
Commission Ordinance."
The purpose of this chapter is to establish a Town of Wescott
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.
The Town Board of the Town of Wescott, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Plan Commission shall consist of not less than two members
of the Town Board and not less than three citizen members, who are
not otherwise Town officials. Citizen members shall be persons of
recognized experience and qualifications. The Chairperson and all
other members of the Plan Commission shall be appointed by the Town
Board Chairperson. The Plan Commission may elect a Vice Chairperson
to act in place of the Chairperson when the Chairperson is absent.
The Plan Commission shall also elect a Secretary, or with the approval
of the Town Board, designate the Town Clerk as Secretary.
The Town Board Chairperson and any other Town Board member who
is appointed to the Plan Commission shall serve on the Plan Commission
for a term of two years concurrent with his or her term on the Town
Board. The term for all other Plan Commission members shall be for
three years ending on April 30 or until a successor is appointed.
A person who is appointed to fill a vacancy on the Plan Commission
shall serve for the remainder of the term.
All Plan Commission members are entitled to receive per diem
allowances and reimbursement for reasonable costs and expenses as
are allowed by Town Board members.
All members of the Plan Commission shall discharge their duties
in accordance with, but not limited to, the provisions of the Wisconsin
Statutes on public records, § 19.21 et seq.; code of ethics,
§ 19.41 et seq.; open meetings, § 19.81 et seq.;
and private interests in public contracts, § 946.13.
The Plan Commission shall comply with all rules adopted by the
Town Board. The Plan Commission may adopt further rules as necessary
to carry out its duties. No rules may be changed without the concurring
vote of a majority of the Plan Commission. The Plan Commission 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.
The Plan Commission shall keep a record of its resolutions, transactions,
findings and determinations all of which shall be a public record.
All actions or decisions shall be taken by resolution in which a concurring
vote of a majority of the members shall be necessary.
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 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.
It shall be the function and duty of the Plan Commission to make
and adopt a Comprehensive Plan under §§ 62.23 and 66.1001,
Wis. Stats.
B.
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.
C.
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
by 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 verification. 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
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 any school district, Town sanitary
district, public inland lake protection and rehabilitation district
or other special district.
(2)
The Clerk of every city, village, Town, county and regional planning
commission that is adjacent to the Town.[1]
(3)
The Wisconsin Land Council.
(4)
After September 1, 2003, the Department of Administration.
(5)
The regional planning commission in which the Town is located.
(6)
The public library that serves the area in which the Town is located.
A.
Ordinance development. If directed by resolution or motion of the
Town Board, the Plan Commission shall prepare or make recommendations
to the Town Board on the adoption or amendment of land use ordinances,
including, but not limited to, zoning, plat or land division review,
site plan review, official mapping, stormwater management, erosion
and highway access.
B.
Ordinance administration. The Plan Commission shall review and make
recommendations to the Town Board on all Zoning Map amendments, zoning
conditional use permit applications, variances, proposed subdivisions
or land divisions and site plan submittals. The Plan Commission shall
ensure that at least three days' notice is provided by first class
mail to all property owners within 300 feet of the boundaries of any
part of the land included in the proposed zoning change, development,
or permit.
C.
Other referrals. The following additional matters shall be referred
to the Plan Commission for recommendation and report pursuant to the
Wisconsin Statutes.
(1)
The location and design of public buildings.
(2)
The location of statues or memorials.
(3)
The location, acceptance, extension, alteration, vacation, abandonment,
change of use, sale, acquisition of land for any street or other public
way; park or playground; airport; area for parking vehicles or other
memorial or public grounds.
(4)
The location, extension, abandonment or authorization for any publicly
or privately owned public utility.
(5)
The location, character and extent of acquisition leasing or sale
of lands for public or semipublic housing; slum clearance; relief
of congestion; or vacation camps for children.
(6)
Applications for initial licensure of a child welfare agency or group
home under § 48.68(3), Wis. Stats.
(7)
Applications for initial licensure of a community-based residential
facility under § 50.03(4), Wis. Stats.
(8)
Proposed designation of a street, road or public way, or any part
thereof, wholly within the Town, as a pedestrian mall under § 66.0905,
Wis. Stats.
(9)
Matters relating to the establishment or termination of an architectural
conservancy district under § 66.1007, Wis. Stats., a reinvestment
neighborhood under § 66.1107, Wis. Stats., or a business
improvement district under § 66.1109, Wis. Stats.
(10)
A proposed housing project under § 66.1211(3), Wis.
Stats.
(11)
Any other matter required by the Wisconsin Statutes to be referred
to the Plan Commission.
D.
Referral period. No final action may be taken by the Town Board or
other Town officer or body having final authority on a matter referred
to the Plan Commission until the Plan Commission has made its report,
or within 30 days or such longer period as may be stipulated by the
Town Board or other Town officer or body having final authority.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for the associated permits shall be in an amount as
set from time to time by resolution of the Town Board, plus actual
Town expenses. Permit fees shall be paid to the Town of Wescott.
This chapter repeals Ord. No. 97-3 adopted March 18, 1997. The
Town of Wescott Plan Commission created by this chapter replaces the
Town of Wescott Zoning Committee. Any and all duties and functions
of the Town Zoning Committee which may appear in any other Town ordinance
or resolution are hereby granted to the Town Plan Commission.
Upon adoption 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.
