LRB-2389/1

MES&PJK : med&wlj : ph

2011 - 2012 LEGISLATURE

February 22, 2012 - Introduced by Senator Lasee , cosponsored by Representatives

Steineke, LeMahieu, Stroebel and Jacque . Referred to Committee on

Insurance and Housing.

SB504,1,2 1 An Act to create 66.1002 of the statutes; relating to: limiting the authority of

2 a city, village, or town to enact a development moratorium ordinance. 66.1002 of the statutes;

Analysis by the Legislative Reference Bureau

Under current law, a county board may engage in zoning and land use planning

by creating a county planning agency or by designating a previously constituted

county committee or commission as the county planning agency. If a county board

creates or designates such an agency, the agency is required to direct the preparation

of a county development plan for the physical development of the towns within the

county and for the cities and villages within the county whose governing bodies agree

to have their areas included in the county plan.

Also under current law, a city or village, or certain towns that exercise village

powers, may create a city, village, or town plan commission to engage in zoning and

land use planning. If a city, village, or town creates such a commission, the

commission is required to adopt a master plan for the physical development of the

city, village, or town, including in some instances, in the case of a city or village,

unincorporated areas outside of the city or village that are related to the city's or

village's development.

Under the current law commonly known as the "Smart Growth" statute, if a

city, village, town, county, or regional planning commission creates a development

plan or master plan (comprehensive plan) or amends an existing comprehensive

plan, the plan must contain certain planning elements. The required planning

elements include the following: housing; transportation; utilities and community

facilities; agricultural, natural, and cultural resources; economic development; land

use; and intergovernmental cooperation.

Subject to a number of limitations and conditions, this bill authorizes a city,

village, or town (municipality) to enact a development moratorium ordinance if the

municipality has enacted, is in the process of enacting or amending, or is exempt

from having to enact, a comprehensive plan. The municipality may enact a

development moratorium ordinance (moratorium) only if its governing body adopts

a resolution stating either that a moratorium is needed to prevent a shortage in or

the overburdening of its public facilities or that a moratorium is needed to address

a significant threat to the public health or safety. In either case, the municipality

must obtain a written report from a professional engineer stating that the possible

effect on public facilities, or the possible threat to public health or safety, justifies the

need for a moratorium. In the case of a possible health or safety threat, the report

may also be from a physician or registered nurse.

The moratorium must contain a number of elements, including a statement

describing the problem giving rise to the need for the moratorium, the actions the

municipality intends to take to address the problem, and the length of time the

moratorium will apply. The moratorium may remain in effect only until the

municipality addresses the problem giving rise to the need for the moratorium, or for

12 months, whichever occurs first. The bill also authorizes the municipality to

extend the moratorium for another six months if the problem is not addressed. In

addition, a municipality may not enact a moratorium unless it first holds a public

hearing at which the proposed ordinance is discussed.

The bill first applies to a land development plan that is submitted to a

municipality on the effective date of the bill, although the municipality and the

developer could agree to apply the moratorium retroactively.

For further information see the state and local fiscal estimate, which will be

printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do

enact as follows:

SB504, s. 1 1 Section 1 . 66.1002 of the statutes is created to read: 66.1002 of the statutes is created to read:

SB504,2,2 2 66.1002 Development moratoria. (1) Definitions. In this section: In this section:

SB504,2,3 3 (a) "Comprehensive plan" has the meaning given in s. 66.1001 (1) (a). (a) "Comprehensive plan" has the meaning given in s. 66.1001 (1) (a).

SB504,2,6 4 (b) "Development moratorium" means a moratorium on land development,

5 rezoning, issuing conditional use permits, or on any subdivision or other division of

6 land by plat or certified survey map that is authorized under ch. 236. (b) "Development moratorium" means a moratorium on land development,rezoning, issuing conditional use permits, or on any subdivision or other division ofland by plat or certified survey map that is authorized under ch. 236.

SB504,2,7 7 (c) "Land development" has the meaning given in s. 66.0617 (1) (d). (c) "Land development" has the meaning given in s. 66.0617 (1) (d).

SB504,2,8 8 (d) "Municipality" means any city, village, or town. (d) "Municipality" means any city, village, or town.

SB504,3,1 1 (e) "Public health professional" means any of the following: (e) "Public health professional" means any of the following:

SB504,3,2 2 1. A physician, as defined under s. 48.375 (2) (g). 1. A physician, as defined under s. 48.375 (2) (g).

SB504,3,3 3 2. A registered professional nurse, as defined under s. 49.498 (1) (L). 2. A registered professional nurse, as defined under s. 49.498 (1) (L).

SB504,3,5 4 (f) "Registered engineer" means an individual who satisfies the registration

5 requirements for a professional engineer as specified in s. 443.04 (f) "Registered engineer" means an individual who satisfies the registrationrequirements for a professional engineer as specified in s. 443.04

SB504,3,12 6 (2) Moratorium allowed. Subject to the limitations and requirements

7 specified in this section, a municipality may enact a development moratorium

8 ordinance if the municipality has enacted a comprehensive plan, is in the process of

9 preparing its comprehensive plan, is in the process of preparing a significant

10 amendment to its comprehensive plan in response to a substantial change in

11 conditions in the municipality, or is exempt from the requirement as described in s.

12 66.1001 (3m), and if at least one of the following applies: Subject to the limitations and requirementsspecified in this section, a municipality may enact a development moratoriumordinance if the municipality has enacted a comprehensive plan, is in the process ofpreparing its comprehensive plan, is in the process of preparing a significantamendment to its comprehensive plan in response to a substantial change inconditions in the municipality, or is exempt from the requirement as described in s.66.1001 (3m), and if at least one of the following applies:

SB504,3,20 13 (a) The municipality's governing body adopts a resolution stating that a

14 moratorium is needed to prevent a shortage in, or the overburdening of, public

15 facilities located in the municipality and that such a shortage or overburdening

16 would otherwise occur during the period in which the moratorium would be in effect,

17 except that the governing body may not adopt such a resolution unless it obtains a

18 written report from a registered engineer stating that in his or her opinion the

19 possible shortage or overburdening of public facilities justifies the need for a

20 moratorium. (a) The municipality's governing body adopts a resolution stating that amoratorium is needed to prevent a shortage in, or the overburdening of, publicfacilities located in the municipality and that such a shortage or overburdeningwould otherwise occur during the period in which the moratorium would be in effect,except that the governing body may not adopt such a resolution unless it obtains awritten report from a registered engineer stating that in his or her opinion thepossible shortage or overburdening of public facilities justifies the need for amoratorium.

SB504,4,2 21 (b) The municipality's governing body adopts a resolution stating that a

22 moratorium is needed to address a significant threat to the public health or safety

23 that is presented by a proposed or anticipated land development, except that the

24 governing body may not adopt such a resolution unless it obtains a written report

25 from a registered engineer or public health professional stating that in his or her

1 opinion the proposed or anticipated land development presents such a significant

2 threat to the public health or safety that the need for a moratorium is justified. (b) The municipality's governing body adopts a resolution stating that amoratorium is needed to address a significant threat to the public health or safetythat is presented by a proposed or anticipated land development, except that thegoverning body may not adopt such a resolution unless it obtains a written reportfrom a registered engineer or public health professional stating that in his or heropinion the proposed or anticipated land development presents such a significantthreat to the public health or safety that the need for a moratorium is justified.

SB504,4,4 3 (3) Ordinance requirements . (a) An ordinance enacted under this section

4 shall contain at least all of the following elements: . (a) An ordinance enacted under this sectionshall contain at least all of the following elements:

SB504,4,6 5 1. A statement describing the problem giving rise to the need for the

6 moratorium. 1. A statement describing the problem giving rise to the need for themoratorium.

SB504,4,8 7 2. A statement of the specific action that the municipality intends to take to

8 alleviate the need for the moratorium. 2. A statement of the specific action that the municipality intends to take toalleviate the need for the moratorium.

SB504,4,10 9 3. Subject to par. (b), the length of time during which the moratorium is to be

10 in effect. 3. Subject to par. (b), the length of time during which the moratorium is to bein effect.

SB504,4,12 11 4. A statement describing how and why the governing body decided on the

12 length of time described in subd. 3. 4. A statement describing how and why the governing body decided on thelength of time described in subd. 3.

SB504,4,13 13 5. A description of the area in which the ordinance applies. 5. A description of the area in which the ordinance applies.

SB504,4,15 14 6. An exemption for any land development that would have no impact, or slight

15 impact, on the problem giving rise to the need for the moratorium. 6. An exemption for any land development that would have no impact, or slightimpact, on the problem giving rise to the need for the moratorium.

SB504,4,19 16 (b) 1. A development moratorium ordinance may be in effect only for a length

17 of time that is long enough for a municipality to address the problem giving rise to

18 the need for the moratorium but, except as provided in subd. 2., the ordinance may

19 not remain in effect for more than 12 months. (b) 1. A development moratorium ordinance may be in effect only for a lengthof time that is long enough for a municipality to address the problem giving rise tothe need for the moratorium but, except as provided in subd. 2., the ordinance maynot remain in effect for more than 12 months.

SB504,4,23 20 2. A municipality may amend the ordinance to extend the moratorium for not

21 more than 6 months if the municipality's governing body determines that such an

22 extension is necessary to address the problem giving rise to the need for the

23 moratorium. 2. A municipality may amend the ordinance to extend the moratorium for notmore than 6 months if the municipality's governing body determines that such anextension is necessary to address the problem giving rise to the need for themoratorium.

SB504,5,4 24 (c) A municipality may not enact a development moratorium ordinance unless

25 it holds at least one public hearing at which the proposed ordinance is discussed. The

1 public hearing must be preceded by a class 1 notice under ch. 985, the notice to be

2 at least 30 days before the hearing. The municipality may also provide notice of the

3 hearing by any other appropriate means. The class 1 notice shall contain at least all

4 of the following: (c) A municipality may not enact a development moratorium ordinance unlessit holds at least one public hearing at which the proposed ordinance is discussed. Thepublic hearing must be preceded by a class 1 notice under ch. 985, the notice to beat least 30 days before the hearing. The municipality may also provide notice of thehearing by any other appropriate means. The class 1 notice shall contain at least allof the following:

SB504,5,5 5 1. The time, date, and place of the hearing. 1. The time, date, and place of the hearing.

SB504,5,9 6 2. A summary of the proposed development moratorium ordinance, including

7 the location where the ordinance would apply, the length of time the ordinance would

8 be in effect, and a statement describing the problem giving rise to the need for the

9 moratorium. 2. A summary of the proposed development moratorium ordinance, includingthe location where the ordinance would apply, the length of time the ordinance wouldbe in effect, and a statement describing the problem giving rise to the need for themoratorium.

SB504,5,11 10 3. The name and contact information of a municipal official who may be

11 contacted to obtain additional information about the proposed ordinance. 3. The name and contact information of a municipal official who may becontacted to obtain additional information about the proposed ordinance.

SB504,5,13 12 4. Information relating to how, where, and when a copy of the proposed

13 ordinance may be inspected or obtained before the hearing. 4. Information relating to how, where, and when a copy of the proposedordinance may be inspected or obtained before the hearing.

SB504,5,16 14 (4) Applicability. A development moratorium ordinance enacted under this

15 section applies to any of the following that is submitted to the municipality on or after

16 the effective date of the ordinance: A development moratorium ordinance enacted under thissection applies to any of the following that is submitted to the municipality on or afterthe effective date of the ordinance: