AB202,2,32 60.10 (1) (g) Approval of resolutions. Approve a resolution adopted by the town
3board under s. 60.225 (1).

AB202,2,9 560.225 Charter towns. (1) Procedure. If a town board is authorized to
6exercise village powers under s. 60.10 (2) (c), and subject to sub. (2), a town board may
7adopt a resolution declaring its town to be a charter town that is subject to this
8section if, on the date of adoption of the resolution, all of the following conditions are
9satisfied:

AB202,3,1

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1(a) The population of the town is at least 2,500.

AB202,3,32 (b) The town board creates and maintains a town plan commission under s.
362.23.

AB202,3,54 (c) The town board enacts a comprehensive zoning ordinance under s. 60.61,
560.62 or 62.23, and establishes an official town map under s. 62.23 (6).

AB202,3,76 (d) The town board adopts a comprehensive land use plan that is similar to a
7county development plan described under s. 59.69 (3) (b) and (c).

AB202,3,98 (e) The town board enacts a construction site erosion control and storm water
9management zoning ordinance under s. 60.627.

AB202,3,1010 (f) The town board enacts a subdivision ordinance under s. 236.45.

AB202,3,1111 (g) The town enacts and enforces building code ordinances under s. 60.61 (1m).

AB202,3,17 12(2) Ratification. (a) If a town board adopts a resolution under sub. (1), the
13town board shall call a referendum to ratify the resolution at the next spring primary
14or election or September primary or general election, to be held not sooner than 45
15days after the ratification referendum is called by the town board. The referendum
16question shall be: "Do you approve the town board resolution declaring .... [name of
17town] to be a charter town?".

AB202,3,2218 (b) A resolution adopted by a town board under sub. (1) may not take effect until
19the resolution is approved by the electors in a ratification referendum under par. (a).
20If the resolution is ratified, the town clerk shall certify that fact to the secretary of
21state. The secretary of state shall issue a certificate of charter town status and shall
22record that status in a book kept for that purpose.

AB202,4,1123 (c) If a resolution adopted by a town board under sub. (1) takes effect under par.
24(b), the town board may adopt a resolution, not sooner than 4 years after the effective
25date of the resolution declaring the town to be a charter town, that revokes the town's

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1charter town status. The revocation resolution may not take effect until the
2resolution is approved by the electors in a ratification referendum called by the town
3board for that purpose. The referendum shall comply with the requirements for a
4ratification referendum that is held under par. (a), except that the referendum
5question shall be: "Do you approve the town board resolution that revokes the status
6of .... [name of town] as a charter town?". If the referendum revoking charter town
7status is approved, county zoning ordinances that did not apply to the town because
8of its former charter town status apply to the town on the effective date of the
9revocation resolution. If a county ordinance conflicts with an ordinance enacted by
10the former charter town board, the county ordinance shall take precedence over the
11former charter town ordinance on the effective date of the revocation resolution.

AB202,4,16 12(3) Zoning. (a) 1. Except for a wetlands in shorelands zoning ordinance, no
13town may be subject to any county zoning ordinance that is enacted by a county board
14after a town board adopts a resolution under sub. (1) unless the town board approves
15the ordinance or until the resolution adopted by the town board under sub. (1) is
16defeated in a ratification vote by the referendum under sub. (2).

AB202,4,2317 2. If a town board adopts a resolution under sub. (1) and the resolution is
18ratified under sub. (2), a town board may adopt a resolution revoking its approval of
19any county zoning ordinance, other than a wetlands in shorelands zoning ordinance,
20if the town board notifies the county board in writing at least 60 days before the
21resolution revoking approval of a county zoning ordinance takes effect. On the
22effective date of the resolution revoking town approval of a county zoning ordinance,
23the town board may act under s. 60.61 (2) or 60.62 (1).

AB202,5,324 (b) No town may be subject to the extraterritorial zoning jurisdiction or
25extraterritorial plat approval jurisdiction of a city or village during the period

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1beginning after a town board adopts a resolution under sub. (1) and before a
2ratification vote under sub. (2) or at any time after the electors of the town approve
3the resolution under sub. (2).

AB202,5,9 4(4) Protected status. If all of the following apply, no town territory may be
5annexed by a city or village under s. 66.021, 66.024 or 66.025 during the period
6beginning after a town board adopts a resolution under sub. (1) and before a
7ratification vote under sub. (2) or at any time after the electors of the town approve
8such a resolution under sub. (2), unless the town board approves the proposed
9annexation:

AB202,5,1110 (a) The equalized value of the town exceeds $100,000,000, according to the most
11recent assessment.

AB202,5,1312 (b) At least 10% of the town residents receive either water supply or sewage
13disposal services, or both, from one of the following:

AB202,5,1414 1. A town sanitary district created by the town under subch. IX.

AB202,5,1515 2. A town utility district created under s. 66.072.

AB202,5,1716 3. A metropolitan sewerage district created under ss. 66.20 to 66.26 or under
17ss. 66.88 to 66.918.

AB202,5,1818 4. A public utility created under s. 196.01 (5).

AB202,5,1919 5. A town sanitary district created by another town under subch. IX.

AB202,5,2020 6. A city or village.

AB202,5,2321 (c) The town provides law enforcement services, 24 hours a day, by establishing
22a town police department or by creating a joint police department with another city,
23village or town under s. 60.56.

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160.23 (32) Town tax increment powers. Exercise all powers of cities under s.
266.46. If the town board exercises the powers of a city under s. 66.46, it is subject to
3the same duties as a common council under s. 66.46 and the town is subject to the
4same duties and liabilities as a city under s. 66.46.

AB202,6,96 60.61 (2) Extent of authority. (intro.) Subject If a town board revokes its
7approval of a county zoning ordinance under s. 60.225 (3) (a) 2. or, subject to subs.
8(3) and (3m), if a town is located in a county which has not enacted a county zoning
9ordinance under s. 59.69, the town board, by ordinance, may:

AB202,6,1511 60.61 (3) Exercise of authority. (intro.) Before exercising authority under
12sub. (2), the town board of a town that is located in a county which has not adopted
13a county zoning ordinance under s. 59.69 shall petition the county board to initiate,
14at any regular or special meeting, action to enact a county zoning ordinance under
15s. 59.69. The town board may proceed under sub. (2) if:

AB202,6,2217 60.62 (2) If the county in which the town is located has enacted a zoning
18ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
19approval by the town meeting or by a referendum vote of the electors of the town held
20at the time of any regular or special election, except that this subsection does not
21apply if a town board revokes its approval of a county zoning ordinance under s.
2260.225 (3) (a) 2.

AB202,7,224 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance
25or amendment of a zoning ordinance may be adopted under this section unless

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1approved by the county board, except that this subsection does not apply if a town
2board revokes its approval of a county zoning ordinance under s. 60.225 (3) (a) 2.

AB202,7,234 62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
5area, except as provided in s. 60.225 (3) (b), within 3 miles of the corporate limits of
6a first, second or third class city, or 1 1/2 miles of a fourth class city or a village.
7Wherever extraterritorial zoning jurisdictions overlap, the provisions of s. 66.32
8shall apply and any subsequent alteration of the corporate limits of the city by
9annexation, detachment or consolidation proceedings shall not affect the dividing
10line as initially determined under s. 66.32. The governing body of the city shall
11specify by resolution the description of the area to be zoned within its extraterritorial
12zoning jurisdiction sufficiently accurate to determine its location and such area shall
13be contiguous to the city. The boundary line of such area shall follow government lot
14or survey section or fractional section lines or public roads, but need not extend to
15the limits of the extraterritorial zoning jurisdiction. Within 15 days of the adoption
16of the resolution the governing body shall declare its intention to prepare a
17comprehensive zoning ordinance for all or part of its extraterritorial zoning
18jurisdiction by the publication of the resolution in a newspaper having general
19circulation in the area proposed to be zoned, as a class 1 notice, under ch. 985. The
20city clerk shall mail a certified copy of the resolution and a scale map reasonably
21showing the boundaries of the extraterritorial jurisdiction to the clerk of the county
22in which the extraterritorial jurisdiction area is located and to the town clerk of each
23town, any part of which is included in such area.

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166.021 (2) Methods of annexation. (intro.) Subject to s. 66.023 (7) and except
2as provided in s. 60.225 (4), territory contiguous to any city or village may be annexed
3thereto in the following ways:

AB202,8,9 566.024 Annexation by referendum; court order. (intro.) As a complete
6alternative to any other annexation procedure, and subject to s. 66.023 (7) and except
7as provided in s. 60.225 (4), unincorporated territory which contains electors and is
8contiguous to a city or village may be annexed thereto in the manner hereafter
9provided. The definitions in s. 66.021 (1) shall apply to this section.

AB202,8,24 1166.025 Annexation of owned territory. In addition to other methods
12provided by law and subject to ss. 59.692 (7) and 66.023 (7) and except as provided
13in s. 60.225 (4), territory owned by and lying near but not necessarily contiguous to
14a village or city may be annexed to a village or city by ordinance enacted by the board
15of trustees of the village or the common council of the city, provided that in the case
16of noncontiguous territory the use of the territory by the city or village is not contrary
17to any town or county zoning regulation. The ordinance shall contain the exact
18description of the territory annexed and the names of the towns from which
19detached, and shall operate to attach the territory to the village or city upon the filing
20of 6 certified copies thereof in the office of the secretary of state, together with 6 copies
21of a plat showing the boundaries of the territory attached. Two copies of the
22ordinance and plat shall be forwarded by the secretary of state to the department of
23transportation, one copy to the department of natural resources, one copy to the
24department of revenue and one copy to the department of public instruction.

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166.32 Extraterritorial powers. The extraterritorial powers granted to cities
2and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052, 236.10 and
3254.57, may not be exercised within the corporate limits of another city or village and
4may not be exercised within the corporate limits of a town whose board has adopted
5a resolution under s. 60.225 (1) unless a majority of the votes cast in the ratification
6vote on the resolution do not approve the resolution. Wherever these statutory
7extraterritorial powers overlap, the jurisdiction over the overlapping area shall be
8divided on a line all points of which are equidistant from the boundaries of each
9municipality concerned so that not more than one municipality shall exercise power
10over any area.

AB202,9,1912 70.99 (8) Each city, town and village assessor duly appointed or elected and
13qualified to make the assessment for a city, town or village shall continue in office
14for all purposes of completing the functions of assessor with respect to such current
15year's assessment, but is divested of all authority in respect to the January 1
16assessment that comes under the jurisdiction of the county assessor , except that a
17town assessor of any charter town under s. 60.225 is not divested of his or her
18authority under this subsection and a county assessor does not have jurisdiction in
19a charter town.

AB202,9,2421 236.02 (5) "Extraterritorial plat approval jurisdiction" means the
22unincorporated area, except as provided in s. 60.225 (3) (b), within 3 miles of the
23corporate limits of a first, second or third class city, or 1 1/2 miles of a fourth class city
24or a village.

AB202,10,133 [Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing
4system of allocating aggregate property tax revenues among tax levying
5municipalities has resulted in significant inequities and disincentives. The cost of
6public works or improvements within a city, town or village has been borne entirely
7by the city, town or village, while the expansion of tax base which is stimulated,
8directly or indirectly, by such improvements, benefits not only the city, town or village
9but also all municipalities which share such tax base. This situation is inequitable.
10Moreover, when the cost to a city, town or village of a public improvement project
11exceeds the future benefit to the city, town or village resulting therefrom, the city,
12town or village may decide not to undertake such project. This situation has resulted
13in the postponement or cancellation of socially desirable projects.

AB202,10,1914 (2) The legislature further finds that accomplishment of the vital and beneficial
15public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the
16statutes, is being frustrated because of a lack of incentives and financial resources.
17The purpose of this act is to create a viable procedure by which a city or, village or
18town, through its own initiative and efforts, may finance projects which will tend to
19accomplish these laudable objectives.