[HISTORY: Adopted by the Town Board of the
Town of Hudson 9-2-2004 by Ord. No. 75. Amendments noted where
applicable.]
This chapter is entitled the "Town of Hudson
Plan Commission Ordinance."
The purpose of this chapter is to establish
a Town of Hudson 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.
The Town Board of the Town of Hudson, 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.,
which authorize, but do not require, Town adoption of a subdivision
or other land division ordinance.
The Plan Commission shall consist of seven members.
They will be of recognized experience, qualifications, show interest
or desire and be a resident of the Town of Hudson. A minimum of five
shall be citizen members.
[Amended 12-7-2021 by Ord. No. 2021-3]
The Town Board Chairperson shall appoint the members of the
Plan Commission and designate a Plan Commission Chairperson during
the month of May to fill any expiring term, subject to advisory approval
of the Town Board. Members 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 and 60.31, Wis. Stats.
[Amended 12-7-2021 by Ord. No. 2021-3]
A.
The term of office for each member shall be for a period of three
years, ending on April 30 or until a successor is appointed and qualified,
except:
(1)
Initial terms. If the initial appointments to the Plan Commission
are made during May, 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 May, 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.
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 Hudson may set
an allowance amount per meeting for members, 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.
[Amended 12-7-2021 by Ord. No. 2021-3]
The Plan Commission may, under § 62.23(1)(e), 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 § 19.21-19.39, Wis. Stats.
A.
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 may appoint one of
its members as Secretary or designate an individual to act as Secretary.
[Amended 12-7-2021 by Ord. No. 2021-3]
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, §§ 19.21-19.39; code of
ethics for local government officials, §§ 19.42, 19.58
and 19.59; open meetings, §§ 19.81-19.89; 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 shall make and recommend adoption
of 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.
B.
The Plan Commission shall make and recommend adoption
of 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 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 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 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 Secretary has recorded in the minutes;
and
C.
Transmittal. One copy of the draft Comprehensive Plan
or amendment recommended for adoption by the Plan Commission 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.
(3)
The Wisconsin Land Council.
(4)
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 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
exclusive agricultural zoning ordinance under subch. V of Ch. 91,
Wis. Stats., and any other zoning ordinance within the Town's authority.
(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
(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 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
improvement planning.
D.
Program administration. The Plan Commission shall,
pursuant to Town ordinances, have the following powers:
(1)
Subdivision review. Proposed plats under Ch. 236, Wis. Stats. and proposed subdivisions or other land divisions under the Town subdivision ordinance under Sec. 236.45, Wis. Stats., and Chapter 90 of the Town ordinances shall be referred to the Plan Commission for review and recommendation to the Town Board.
(2)
Other. Review and recommendation of rezoning, development
concerns, etc.
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 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)
The location and architectural design of any public
building.
(2)
The location of any statue or other memorial.
(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 § 236.45, 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 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 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
of 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.
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
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)
An application for a conditional use or special exception
permit under the Town zoning ordinance.
(9)
A proposed site plan.
(10)
A proposed extraterritorial zoning ordinance or a
proposed amendment to an existing ordinance under § 62.23(7a),
Wis. Stats.
(11)
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.
(12)
A proposed zoning ordinance or amendment pursuant
to an agreement in an approved cooperative plan under § 66.0307(7m),
Wis. Stats.
(13)
Any other matter deemed advisable for referral to
the Plan Commission for report or required by any Town ordinance or
Town Board resolution or motion to be referred to the Plan Commission.
D.
Referral period.
(1)
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.
(2)
The Town Board may take action on discretionary referrals
at the Town Board meeting following the Plan Commission meeting.
