[HISTORY: Adopted by the Town Board of the
Town of St. Joseph 12-5-2002 by Ord. No. 2002-2; amended in its entirety 1-11-2024 by Ord. No. 2024-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch.
80.
Subdivision of land — See Ch.
168.
The Plan Commission's purposes include but are not limited
to: promoting good planning practices and to keeping the public and
the Town Board well informed on planning issues affecting the Town;
exercising first level oversight over the administration of the Town's
subdivision of land through review and recommendation concerning all
proposed subdivision of land; utilizing the existing Town Plan with
amendments thereto until such time as a new plan is created and adopted;
preparing and recommending for Town Board approval the Town's
Comprehensive Plan (hereafter referred to as the Plan) and any amendments
thereto and to recommend implementation measures concerning it; reviewing
land use matters referred to it by the Town Board and performing other
duties at the request of the Town Board; reviewing requests for rezoning
of land located in the Town of St. Joseph and making a recommendation
thereon to the Town Board, taking the Town's Plan into account;
and keeping accurate records of its actions.
The Town Board of the Town of St. Joseph, having been authorized
by the Town meeting under W.S.A. § 60.10(2)(c) to exercise
village powers, hereby exercises village powers under W.S.A. § 60.22(3)
and establishes a seven member Plan Commission under W.S.A. §§ 61.35
and 62.23. The Plan Commission shall be considered the "Town Planning
Agency" under W.S.A. §§ 236.02(13) and 236.45, which
authorize, but do not require, Town adoption of a subdivision or other
land division ordinance.
A. The Plan Commission shall consist of the Town Board Chairperson or
a designated Town Board member and six citizen members, who are not
otherwise Town officials, and who shall be persons of recognized experience
and qualifications.
[Amended 12-2-2010 by Ord. No. 2010-4]
B. There shall be three alternate members, one of whom shall be a Town
Supervisor, elected in the even years, who shall be an alternate to
the Town Board Chairperson. Alternates shall attend all meetings and
participate in any hearings but shall only participate in deliberations
and decisions when a regular member or Town Chairperson is absent,
unavailable or has a conflict of interest. In the event that an alternate
is needed to vote, there shall be designated first and second alternates
and the first alternate shall be the most senior member.
A. The initial Plan Commission shall be compiled from a list of volunteers
reviewed by the existing Planning Board and Zoning Committee and referred
to the Town Chairperson. The Town Chairperson shall appoint the Plan
Commission members and they shall be ratified by an advisory vote
of the Town Supervisors.
B. The Plan Commission shall maintain a list of citizens interested
in serving on the Plan Commission. It shall interview all interested
individuals and forward its recommendations for citizen members to
the Town Chairperson before the first Town Board meeting following
the election and qualification of Board Members, or upon any vacancy.
In an even year in which any Town Board Supervisor is elected, any
appointment or designation by the Town Chairperson shall be made after
the election and qualification of the Town Board Supervisor elected.
The Town Chairperson shall appoint Plan Commission members and they
shall be confirmed by a majority vote of the Town Board at the first
Town Board meeting following the election and qualification of Board
Members, as provided under W.S.A. § 60.62. or upon any vacancy.
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 W.S.A. § 19.01 and 60.31.
[Amended 12-2-2010 by Ord. No. 2010-4]
C. The Plan Commission, on its own motion or at the direction of the
Town Board by resolution, may organize itself into one or more work
groups. The Plan Commission may appoint additional citizen members
to work groups. At least one member or alternate of the Plan Commission
shall be a part of any work group. These work groups shall hold public
meetings in accordance with applicable state statutes and shall be
in effect until dissolved by the Board or Commission or once the work
group has completed the assigned task(s). The work group shall have
no independent authority and shall report to the Plan Commission,
and the Plan Commission shall make a recommendation to the Town Board
regarding that particular issue.
The term of office for the Plan Commission Chairperson and each
Commission member and alternates shall be for a period of three years,
ending on April 30, or until a successor is appointed and qualified,
except:
A. Initial terms. If the initial appointments to the Plan Commission
are made during April, the citizen members shall be appointed for
staggered terms as follows: two persons for a term that expires in
one year; two persons for a term that expires in two years; and two
persons for a term that expires in three years. If the initial appointments
are made after April, the first citizens appointed to the Plan Commission
shall be appointed for staggered terms as follows: two persons for
a term that expires one year from the previous April 30; two persons
for a term that expires two years from the previous April 30; and
two persons for a term that expires three years from the previous
April 30.
B. Town Board members. The Town Board members shall serve for a period
of two years, as allowed under W.S.A. § 66.0501(2), concurrent
with his or her term on the Town Board.
A person who is appointed to fill a vacancy on the Plan Commission
shall serve for the remainder of the term vacated. Appointments shall
be made in seniority order from the Plan Commission alternates. If
an alternate is unavailable or rejects an appointment, another applicant
shall be appointed.
The Plan Commission members and alternates shall be compensated
on a per meeting basis at a rate set by the Town Board as allowed
under W.S.A. § 60.321. In addition, the Town Board may reimburse
preauthorized reasonable costs and expenses, upon being presented
with a receipt, as allowed under W.S.A. § 60.321.
The Plan Commission may, under W.S.A. § 62.23(1),
recommend to the Town Board the employment of experts and staff and
shall review and recommend for approval proposed payments under any
contract with an expert.
The Plan Commission, under W.S.A. § 62.23(2), 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 unless exempt from
public access by applicable common law or statute.
A. Chairperson. The Town Chair shall appoint the Plan Commission Chair.
The Plan Commission may recommend a member to be appointed as Plan
Commission Chairperson. The Chairperson shall, subject to Town ordinances
and Commission rules:
[Amended 12-2-2010 by Ord. No. 2010-4]
(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 W.S.A. § 19.88(1), 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 may elect, by open vote or secret
ballot under W.S.A. § 19.88(1), a person to serve as Secretary,
or, with the approval of the Town Board, designate the Town Clerk
or other Town officer or employee as Secretary.
D. Recording secretary. The Plan Commission shall recommend to the Town
Board for their approval an individual to serve as the recording secretary,
who shall not be a voting member of the Commission.
After three absences in one calendar year, a Commission member
may be removed from the Commission at the recommendation of the Plan
Commission to the Town Board. The Chair shall send written notice
of the potential removal to the Commission member after the third
absence.
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, W.S.A. § 19.01, 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, §§ 19.59; Open Meetings, §§ 19.81
to 19.98; 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. A Commission member who may have a conflict of
interest shall excuse himself or herself as a member of the Commission
for that issue, and an alternate shall take the Commission member's
place for that issue.
The Plan Commission, under W.S.A. § 62.23(4), 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 W.S.A. § 66.0119 or other court-issued warrant.
A. The Plan Commission shall make and adopt a Plan under W.S.A. §§ 62.23
and 66.1001, which contains the elements specified in W.S.A. § 66.1001(2),
and follows the procedures in W.S.A. § 66.1001(4).
B. The Plan Commission shall make and adopt the 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 Plan
is in effect by the date on which any Town program or action affecting
land use must be consistent with the Plan under W.S.A. § 66.1001(3).
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
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.
D. The Plan Commission shall review and, if necessary, recommend changes
to the Plan at least every three years. The Plan shall be updated
no less than once every 10 years.
The Plan Commission, in order to ensure that the requirements
of W.S.A. § 66.1001(4) are met, shall proceed as follows:
A. Public participation verification. Prior to beginning work on a 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 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 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 W.S.A. § 66.1001(4)(b),
shall recommend its proposed 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 Plan.
C. The resolution adopting a Plan shall further recite that the requirements
of the comprehensive planning law have been met, under W.S.A. § 66.1001,
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 Plan;
(2) The Plan contains the nine specified elements and meets the requirements
of those elements;
(3) The maps and other descriptive materials related 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 one copy
of the Plan or amendment adopted by the Plan Commission for recommendation
to the Town Board to the governmental units specified in W.S.A. § 66.1001(4)
as follows:
(a)
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.
(b)
The Clerk of every city, village, town, county and Regional
Planning Commission that is adjacent to the Town.
(c)
After September 1, 2003, the Department of Administration.
(d)
The Regional Planning Commission in which the Town is located.
(e)
The public libraries that serve 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 the following:
(1) Zoning. A proposed Town zoning ordinance under village powers, W.S.A.
§§ 60.22(3), 61.35 and 62.23(7), a Town construction
site erosion control and stormwater management zoning ordinance under
W.S.A. § 60.627(6), a Town farmland preservation zoning
ordinance under W.S.A. § 91.36, and any other zoning ordinance
within the Town's authority.
(2) Official map. A proposed official map ordinance under W.S.A. § 62.23(6),
Subdivisions.
(3) Land Division. Revision of the Town Subdivision Ordinance or preparation
or revision of any ordinance relating to land division under Wis.
Stat. 236.45.
(4) Other. Any other ordinance specified by the Town Board (Note: 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 Code of Ordinances.
C. Nonregulatory programs. The Plan Commission, on its own motion or
at the direction of the Town Board by resolution or motion, may propose
non-regulatory programs to implement the 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 improvement planning.
D. Program administration. The Plan Commission shall, pursuant to Town
ordinances, have the following powers:
(1) Recommendations for local or county variances and special exceptions/conditional
use permits. To review and make recommendations to the Town Board
concerning the appropriate action or position for the Town to take
on applications for variances under Town or county ordinances or under
applications for special exception/conditional use permits under Town
or county zoning ordinances.
(2) Subdivision review. Proposed plats under W.S.A. ch. 236, and proposed subdivisions or other land divisions under the Town Subdivision, Chapter
168 of the Town Code shall be referred to the Plan Commission for review and recommendation to the Town Board.
(3) Others as determined necessary by the Plan Commission or Town Board.
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 Plan under W.S.A. §§ 62.23
and 66.1001, shall be consistent with that Plan as of its last adopted
update. If any such Plan Commission action would not be consistent
with the Plan, the Plan Commission shall use this as information to
consider in updating the Plan.
A. Required referrals under W.S.A. § 62.23(5). The following
shall be referred to the Plan Commission for 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:
(a)
Street, alley or other public way;
(d)
Area for parking vehicles; or
(e)
Other memorial or public grounds.
(4) The location, extension, abandonment or authorization for any publicly
or privately owned public utility.
(5) All divisions of land into parcels falling under the Town's
jurisdiction, including land divisions under the Town Subdivision
Ordinance.
(6) The location, character and extent or acquisition, leasing or sale
of lands for:
(a)
Public or semipublic housing;
(d)
Vacation camps for children.
(7) The amendment or repeal of any ordinance adopted under W.S.A. § 62.23,
including ordinances relating to: the Town Plan Commission; the Town
Comprehensive Plan under W.S.A. § 66.1001; a Town official
map; and Town zoning under village powers.
B. Required referrals under sections of the Wisconsin Statutes other
than W.S.A. § 62.23(5). The following shall be referred
to the Plan Commission for report:
(1) An application for initial licensure of a child welfare agency or
group home under W.S.A. § 48.68(3).
(2) An application for initial licensure of a community-based residential
facility under W.S.A. § 50.03(4).
(3) Proposed designation of a street, road or public way, or any part
thereof, wholly within the jurisdiction of the Town, as a pedestrian
mall under W.S.A. § 66.0905.
(4) Matters relating to the establishment or termination of an architectural
conservancy district under W.S.A. § 66.1007.
(5) Matters relating to the establishment of a reinvestment neighborhood
required to be referred under W.S.A. § 66.1107.
(6) Matters relating to the establishment or termination of a business
improvement district required to be referred under W.S.A. § 66.1109.
(7) A proposed housing project under W.S.A. § 66.1211(3).
(8) Matters relating to urban redevelopment and renewal in the Town required
to be referred under W.S.A. subch. XIII of ch. 66.
(9) The adoption or amendment of a Town subdivision or other land division
ordinance under W.S.A. § 236.45(4).
(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 report:
(1) Any proposal, under W.S.A. § 59.69, for the town to approve
or to remain under general county zoning.
(2) Proposed regulations or amendments relating to historic preservation
under W.S.A. § 60.64.
(3) A proposed driveway access ordinance or amendment.
(4) A proposed Town official map ordinance under W.S.A. § 62.23(6),
or any other proposed Town ordinance under W.S.A. § 62.23,
not specifically required by the Wisconsin Statutes to be referred
to the Commission.
(5) A proposed Town zoning ordinance or amendment adopted under authority
separate from or supplemental to W.S.A. § 62.23, including
a Town construction site erosion control and stormwater management
zoning ordinance under § 60.627(6), W.S.A., and a Town farmland
preservation zoning ordinance under W.S.A. Ch. 91.
(6) A requested recommendation on an application for a variance or special
exception/conditional use permit under the Town or county zoning ordinance.
(7) A proposed concept and site plan.
(8) Actions affecting a proposed extraterritorial zoning ordinance or
a proposed amendment to an existing ordinance under W.S.A. § 62.23(7a).
(9) A proposed boundary change pursuant to an approved cooperative plan
agreement under W.S.A. § 66.0307, or a proposed boundary
agreement under W.S.A. § 66.0225, or other authority.
(10)
A proposed zoning ordinance or amendment pursuant to an agreement
in an approved cooperative plan under W.S.A. § 66.0307(7m);
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.
(11)
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 W.S.A. § 66.0309, another unit of government,
a consultant or any other person or organization.
(12)
A proposed ordinance, regulation or plan, or amendment to the
foregoing, relating to a mobile home park under W.S.A. § 66.0435.
(13)
A proposed agreement, or proposed modification to such agreement,
to establish an airport affected area under W.S.A. § 66.1009.
(14)
A proposed town airport zoning ordinance under W.S.A. § 114.136(2).
(15)
A proposal to create environmental remediation tax incremental
financing in the town under W.S.A. § 66.1106.
(16)
A proposed county agricultural preservation plan or amendment,
under W.S.A. subch. IV of ch. 91, referred by the county to the Town,
or proposed Town agricultural preservation plan or amendment.
(17)
A proposed county development plan or comprehensive plan, proposed
element of such a plan, or proposed amendment to such plan.
(18)
A proposed county zoning ordinance or amendment.
(19)
A proposed county subdivision or other land division ordinance
under W.S.A. § 236.45, or amendment.
(20)
An appeal or permit application under the County Zoning Ordinance
to the County Zoning Board of Adjustment, county planning body or
other county body.
(21)
A proposed intergovernmental cooperation agreement, under W.S.A.
§ 66.0301, or other statute, affecting land use, or a municipal
revenue sharing agreement under W.S.A. § 66.0305.
(22)
A proposed plat or other land division under the County Subdivision
or other land division ordinance under W.S.A. § 236.45.
A proposed county plan, under W.S.A. § 236.46, 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.
(23)
Any other matter deemed advisable by the Town Chairperson or
a majority of the Town Board or any other matter required by any Town
ordinance shall be referred for consideration and report.
D. 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 Town of St. Joseph has had a Planning Board and Zoning Committee
for many years prior to the enactment of this chapter. Nothing in
this chapter is intended to invalidate any prior actions of those
bodies. This chapter is enacted to allow the functions previously
carried out by the Zoning Committee and Planning Board as well as
additional function as provided herein to be carried out by the Plan
Commission within the framework of Wis. Stat. § 62.23.