Town of Lake Tomahawk, WI Town Plan Commission

The purpose of this article is to establish a Town of Lake Tomahawk 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 adoption and implementation of comprehensive planning with significant citizen involvement.

§ 10-8 Legislative authority; establishment.

The Town Board of the Town of Lake Tomahawk has been authorized by the Town Meeting under § 60.10(2)(c), Wis. Stats., to exercise village powers, and the Town has a population of less than 2,500, according to the most recent regular or special federal census, § 990.01(29), Wis. Stats. 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.

§ 10-9 Membership.

The Plan Commission consists of five citizen members who are not otherwise Town officials and who shall be persons of recognized experience and qualifications. In addition, a Town Board member will serve as a liaison and will have no voting powers.

§ 10-10 Appointments.

The Town Board shall appoint the members of the Plan Commission during the month of April to fill any expiring term. In a year in which any Town Board member is elected at the spring election, any appointment or designation by the Town Board shall be made after the election and qualification of the Town Board members elected. 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 § 19.01 and § 60.31, Wis. Stats.

§ 10-11 Terms of office.

The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of three years, ending on April 30, or until a successor is appointed and qualified, except:

Initial terms. The members initially appointed to the Plan Commission shall be appointed for staggered terms as follows: two for two years and three for three years.

§ 10-12 Vacancies.

A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.

§ 10-13 Experts and staff.

The Plan Commission may, under § 62.23(1), Wis. Stats., recommend to the Town Board the employment of experts and staff and may review and recommend to the Town Board proposed payments under any contract with an expert.

§ 10-14 Rules; records.

The Plan Commission may, under § 62.23(1), Wis. Stats., adopt rules for the transaction of its business, subject to Town ordinances, and shall keep a record of its resolutions, transaction, findings and determinations, which shall be a public record under § 19.21 through 19.39, Wis. Stats.

§ 10-15 Chairperson and officers.

Chairperson. The Plan Commission Chairperson shall be appointed by the Commission and shall serve a term as provided in §§ 10-10 and 10-11 of this article. 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, and post all such agendas and notices not less than three days prior to the noticed meeting in accordance with the Wisconsin open meeting laws[1];

[Amended 7-24-2007]

[1]

Editor's Note: See § 19.81, Wis. Stats., et seq.

(4)

Preside at Commission meetings and hearings; and

(5)

Ensure that the laws are followed.

Vice Chairperson. The Plan Commission shall 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.

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.

§ 10-16 Commission members as local public officials.

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 Interests in Public Contracts, § 946.13, Wis. Stats. Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.

§ 10-17 General and miscellaneous powers.

The Plan Commission, under § 62.23(4), Wis. Stats., shall have the power:

Necessary to enable it to perform its functions and promote Town planning.

To make reports and recommendations relating to the plan and development of the Town of the Town Board, other public bodies, citizens, public utilities and organizations.

To recommend to the Town Board programs for public improvements and the financing of such improvements.

To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.

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 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.

§ 10-18 Referrals to Plan Commission.

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)

Any required referrals under § 62.23(5) Wis. Stats., or other Wisconsin statutes.

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.

§ 10-19 Town comprehensive planning; general authority; requirements.

The Plan Commission shall 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. The plan may be prepared in parts pursuant to § 62.23(3)(b), Wis. Stats.

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's 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.

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 and advisory committee, or any other person, group or organization.