Plan Commission Ordinance

CONTENTS

PLAN COMMISSION ORDINANCE

 

The Town Board of the Town of Stanton, Dunn County, Wisconsin, does ordain as follows:

Section 1. Title

This ordinance is entitled the “Town of Stanton Plan Commission Ordinance.”

Section 2. Purpose

The purpose of this ordinance is to establish a Town of Stanton 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.

Section 3.Authority; Establishment

The Town Board of the Town of Stanton has been authorized by the Town meeting under sec. 60.11(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, sec. 990.01 (29), Wis. Stats. The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Commission under secs. 60.62(4), 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the “Town Planning Agency” under secs. 236.02(13) and 236.45, Wis. Stats., which authorize, but do not require, Town adoption of a subdivision or other land division ordinance.

Section 4. Membership

The Plan Commission shall consist of five (5) members authorized under sec. 60.62(4)(a).  The Town Board Chairperson may appoint himself or herself to the commission and may appoint other town elected or ‘appointed officials to the commission, except that the commission shall always have at least one citizen member who is not a town official.

Section 5. Appointments

The Town Board Chairperson shall appoint the members of the
Plan Commission and designate a Plan Commission Chairperson. The Town Board
Chairperson may appoint himself or herself or another Town Board member to the
Plan Commission and may designate himself or herself, the other Town Board
member, or a citizen member as Chairperson of the Plan Commission. All
appointments are subject to the advisory approval of the Town Board. In a year
in which any Town Board member is elected at the spring election, any appointment
or designation by the Town Board Chairperson 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 (5) days
of notice of appointment, as provided under secs. 19.01 and 60.31, Wis. Stats.

Section 6. Terms of Office

The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of 3 years, ending on April 30, or until a successor is appointed and qualified, except:

(1)   Initial Terms. (5-member) The citizen members initially appointed to the Plan Commission shall be appointed for staggered terms.

(2)   Town Board Member or Chairperson. The Plan Commission member who is a Town Board member or Town Board Chairperson, including a person designated the Plan Commission Chairperson, shall serve for a period of two (2) years, as allowed under sec. 66.0501(2), Wis. Stats., concurrent with his or her term on the Town Board, except an initial appointment made after April 30 shall be for a term that expires two (2) years from the previous April 30.

Section 7. Vacancies

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

Section 8. Compensation; Expenses

The Town Board of the Town of Stanton hereby sets a per diem allowance of per meeting for citizen and Town Board members of the Plan Commission, as allowed under sec. 66.0501(2), Wis. Stats. In addition, the Town Board may reimburse reasonable costs and expenses, as allowed under sec. 60.321, Wis. Stats.

Section 9. Experts & Staff

The Plan Commission may, under sec. 62.23(1), 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.

Section 10. Rules; Records

The Plan Commission, under sec. 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 secs. 19.21-19.39, Wis. Stats.

Section 11. Chairperson & Officers

(1) Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in sections 5 and 6 of this ordinance. The Chairperson shall, subject to Town ordinances and Commission rules:

(a)    provide leadership to the Commission;

(b)   set Commission meeting and hearing dates;

(c)    provide notice of Commission meetings and
hearings and set their agendas, personally or by his or her designee;

(d)   preside at Commission meetings and
hearings; and
(e)    ensure that the laws are followed.

(2)  Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under sec. 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.

(3)  Secretary. The Plan Commission shall elect, by open vote or secret ballot under sec. 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.

Section 12. 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, sec. 19.01, Wis. Stats., in accordance with, but not limited to, the provisions of the Wisconsin Statutes on: Public Records, secs. 19.21-19.39; Code of Ethics for Local Government Officials, secs. 19.42, 19.58 & 19.59; Open Meetings, secs. 19.81-19.89; Misconduct in Office, sec. 946.12; and Private Interests in Public Contracts, sec. 946.13. Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.

Section 13. General & Miscellaneous Powers

The Plan Commission, under sec. 62.23(4), Wis. Stats., shall have the power:
(1) Necessary to enable it to perform its functions and promote Town planning.
(2) 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.

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

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

(5) 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 sec. 66.0119, Wis. Stats., or other court-issued warrant.

Section 14. Town Comprehensive Planning: General Authority & Requirements

(1)  The Plan Commission shall make and
adopt a comprehensive plan under secs. 62.23 and 66.1001, Wis. Stats., which
contains the elements specified in sec. 66.1001(2), Wis. Stats, and follows the
procedures in sec. 66.1001(4), Wis. Stats.

(2)  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.

Section 15. Procedure for Plan Commission Adoption & Recommendation of a Town Comprehensive Plan or Amendment

The Plan Commission shall ensure that the requirements of sec. 66.1001(4), Wis. Stats. are met.

Section 16, Plan Implementation & Administration

(1) Ordinance development. If directed by resolution or motion of the Town Board, the Plan Commission shall prepare the following:

(a) Official map. A proposed official map ordinance under sec. 62.23 (6), Wis. Stats.

(b) Subdivisions. A proposed Town subdivision or other land division ordinance under sec. 236.45, Wis. Stats.

(c) Other. Any other ordinance specified by the Town Board

(2) 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.

(3) 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 secs. 62.23 and 66.1001, Wis. Stats, shall be
consistent with that plan. 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.

Section 17. Referrals to the Plan Commission

(1) Required referrals under sec. 62.23(5), Wis. Stats. shall be referred to the Plan Commission for report:

(2) Required referrals under sections of the Wisconsin Statutes other than sec.
62.23(5), Wis. Stats. The following shall be referred to the Plan Commission
for report:

(a)
The adoption or
amendment of a Town subdivision or other land division ordinance under sec.
236.45(4), Wis. Stats.

(b)  Any other matter required by the Wisconsin
Statutes to be referred to the Plan Commission.

(3)
Required referrals under this ordinance. In addition to referrals required by
the Wisconsin Statutes, the following matters shall be referred to the Plan
Commission for report:

(a) Any proposal, under sec. 59.69, Wis. Stats., for the town to approve general county zoning so that it takes effect in the town, or to remain under general county zoning.

(b)  A proposed driveway access ordinance or amendment.

(c)   A proposed Town official map ordinance under sec. 62.23(6), Wis. Stats., or any other proposed Town ordinance under sec. 62.23, Wis. Stats., not specifically required by the Wisconsin Statutes to be referred to the commission.

(d)  A proposed boundary change pursuant to an approved cooperative plan agreement under sec. 66.0307, Wis Stats., or a proposed boundary agreement under sec. 66.02255, Wis Stats., or other authority.

(e)  A proposed county agricultural preservation plan or amendment, under subch. IV of ch. 91, Wis Stats., referred by the county to the Town, or proposed Town agricultural preservation plan or
amendment.

(f)   Any other other matter required by anyTown ordinance or Town Board resolution or motion to be referred to the Plan Commission.

 

(3) 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 matter deemed advisable for referral to Plan Commission for report.

 

(4)  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 thirty (30) days, or such longer period as stipulated by the Town Board, has passed since referral. The thirty (30) day period for referrals required by the Wisconsin Statutes may be shortened only if so authorized by statute. The thirty (30) 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 (30) day referral period if deemed advisable.

 

 

Section 18. Effective Date

                 Following passage by the Town Board, this ordinance shall take effect the day after the date of publication or posting as provided by sec. 60.80, Wis. Stats.

 

Adopted September 14, 2002.

 

Marvin Lansing, Chairman

Harold James, Supervisor

Dan Hellendrung, Supervisor

Lucille Mittelstadt, Clerk