(a) Title. This Section is entitled the "Village of Edgar Plan Commission Ordinance."
(b) Purpose. The purpose of this Section is to establish a Village of Edgar 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 Village of Edgar and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.
(c) Composition. The Plan Commission shall consist of seven (7) members who shall be the following: the Village President; three (3) Village Trustees; and three (3) citizen members.
(d) Appointment.
(1) Election/Appointment of Trustee Members.
At its organizational meeting on the third Tuesday of April or the first meeting in May of each year the Village Board shall, by a majority vote of its members, elect three (3) of its number as members of the Village Plan Commission for a period of one (1) year from and after the first day of May next ensuing.
(2) Appointment and Terms of Citizen Members.
The three (3) citizen members shall be appointed by the Village President, subject to Village Board confirmation, on the third Tuesday of April in each year, or the first Village Board meeting in May, to hold office for a staggered term of three (3) years commencing with the third Tuesday of April.
(e) Quorum. Four (4) members shall constitute a quorum but all actions shall require the affirmative approval of a majority of all of the members of the Plan Commission.
(f) Vacancies. A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.
(g) Compensation; Expenses. The Village Board may set a per diem allowance per meeting for citizen and elected official members of the Plan Commission, as allowed under Sec. 66.0501(2), Wis. Stats. In addition, the Village Board may reimburse reasonable costs and expenses.
(h) Experts; Staff. The Plan Commission, under Sec. 62.23(1), Wis. Stats., may recommend to the Village Board the employment of experts and staff, and may review and recommend to the approval authority proposed payments under any contract with an expert.
(i) Rules; Records. The Plan Commission, under Sec. 62.213(2), Wis. Stats., may adopt rules for the transaction of its business, subject to Village ordinances, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record under Secs. 19.21 through 19.39, Wis. Stats.; copies shall be filed with the Village Administrator-Clerk-Treasurer.
(j) Chairperson and Officers.
(1) Chairperson.
The Plan Commission chairperson shall be selected by the Plan Commission annually at its May meeting. The chairperson shall, subject to Village ordinances and Plan Commission rules:
a. Provide leadership to the Plan Commission;
b. Set Plan Commission meeting and hearing dates;
c. Provide notice of Plan Commission meetings and hearings and set their agendas, personally or by his/her designee;
d. Preside as Plan Commission meetings and hearings; and
e. Ensure that the laws are followed.
(2) Vice-Chairperson.
The Plan Commission may elect, by open vote 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 under Sec. 19.88(1), Wis. Stats., one of its members to serve as secretary, or, with the approval of the Village Board, designate the Village Administrator-Clerk-Treasurer or other Village official or employee as secretary.
(k) 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 through 19.39, Wis. Stats.]; Code of Ethics for Local Government Officials [Secs. 19.42, 19.58 and 19.59, Wis. Stats.]; Open Meetings [Secs. 19.81 through 19.89, Wis. Stats.]; Misconduct in Office [Sec.946.12, Wis. Stats.]; and Private Interests in Public Contracts [Sec. 946.13, Wis. Stats.]. Plan Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.
(l) General and 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 Village planning.
(2) To make reports and recommendations relating to the planning and development of the Village of Edgar to the Village Board, other public bodies, citizens, public utilities and organizations.
(3) To recommend to the Village 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 Plan 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 markers 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.
(m) Village Comprehensive Planning; General Authority and Requirements.
(1) Comprehensive Plan.
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. The Plan Commission shall make and adopt the Comprehen- sive Plan within the time period directed by the Village Board, but not later than a time sufficient to allow the Village Board to review and plan and pass an ordinance adopting it to take effect on or before January 1, 2010, so that the Village Comprehensive Plan is in effect by the date on which any Village program or action affecting land use must be consistent with the Village Comprehensive Plan under Sec. 66.1001(3), Wis. Stats.
(2) Preparation.
In this Subsection, 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 Village by the Plan Commission, Village staff, another unit of government, the regional planning commission, a consultant, citizens, an advisory committee, or any other person, group or organization.
(n) Procedure for Plan Commission Adoption and Recommendation of a Village Comprehensive Plan or Amendment. The Plan Commission, in order to ensure that the requirements of Sec. 66.1001(4), Wis. Stats., are met, shall proceed as follows:
(1) Public Participation Verification. Prior to beginning work on a Comprehensive Plan, the Plan Commission shall verify that the Village 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 Village Board and for the Village Board to respond to such written comments.
(2) Resolution. The Plan Commission, under Sec. 66.1001(4)(b), Wis. Stats., shall recommend its proposed Comprehensive Plan or amendment to the Village 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 Sec. 66.1001, Wis. Stats., namely that:
a. The Village Board adopted written procedures to foster public participation and that such procedures allowed public participation at each stage of preparing the Comprehensive Plan;
b. The plan contains the nine (9) specified elements and meets the requirements of those elements;
c. The (specified) maps and (specified) other descriptive materials relate to the plan;
d. The plan has been adopted by a majority vote of the entire Plan Commission, which the clerk or secretary is directed to record in the minutes; and
e. The Plan Commission clerk or secretary is directed to send a copy of the Comprehensive Plan adopted by the Plan Commission to the governmental units specified in Sec. 66.1001(4), Wis. Stats., and Subsection (c) herein.
(3) Transmittal.
One copy of the Comprehensive Plan or amendment adopted by the Plan Commission for recommendation to the Village Board shall be sent to:
a. Every governmental body that is located in whole or in part within the boundaries of the Village, including any school district, sanitary district, public inland lake protection and rehabilitation district or other special district.
b. The clerk of every city, village, town, county and regional planning commission that is adjacent to the Village of Edgar.
c. The Wisconsin Land Council.
d. The Wisconsin Department of Administration.
e. The regional planning commission in which the Village is located.
f. The public library that serves the area in which the Village is located.
(o) Plan Implementation and Administration.
(1) Ordinance Development.
If directed by resolution or motion of the Village Board, the Plan Commission shall prepare the following for Village Board review and action:
a. Zoning. A proposed Village zoning ordinance under Section 62.23(7), Wis. Stats. (if not under county zoning), a Village construction site erosion control and stmmwater management zoning ordinance, a Village exclusive agricultural zoning ordinance under Subchapter V of Ch. 91, Wis. Stats., and any other zoning ordinance within the Village's authority.
b. Official Map. A proposed official map ordinance under Sec. 62.23(6), Wis. Stats.
c. Subdivisions. A proposed Village subdivision or other land division ordinance under Sec. 236.45, Wis. Stats.
d. Other. Any other ordinance specified by the Village Board (Note: e.g., historic preservation, design review site plan review).
(2) Ordinance Amendment.
The Plan Commission, on its own motion, or at the direction of the Village Board by its resolution or motion, may prepare proposed amendments to the Village's ordinances relating to comprehensive planning and land use.
(3) Non-Regulatory Programs.
The Plan Commission, on its own motion, or at the direction of the Village Board by resolution or motion, may propose non-regulatory 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 improvements planning.
(4) Consistency.
Any ordinance, amendment or program proposed by the Plan Commission, and any Plan Commission approval, recommendation for approval or other action under Village ordinances or programs that implement the Village's Comprehensive Plan under Secs. 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.
(p) Referrals to the Plan Commission.
(1) Required Referrals Under Sec. 62.23(5), Wis. Stats.
The following shall be referred to the Plan Commission for advisory report:
a. The location and architectural design of any public building.
b. The location of any statue or other memorial.
c. The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any:
1. Street, alley or other public way;
2. Park or playground;
3. Airport;
4. Area for parking vehicles; or
5. Other memorial or public grounds.
d. The location, extension, abandonment or authorization for any publicly or privately owned public utility.
e. All plats under the Village's jurisdiction under Ch. 236, Wis. Stats., including divisions under a Village subdivision or other land division ordinance adopted under Sec. 236.45, Wis. Stats.
f. The location, character and extent or acquisition, lease or sale of lands for:
1. Public or semi-public housing;
2. Slum clearance;
3. Relief of congestion; or
4. Vacation camps for children.
g. The amendment or repeal of any ordinance adopted under Sec. 62.23, Wis. Stats., including ordinances relating to the Plan Commission, Village Comprehensive Plan under Sec. 66.1001, Wis. Stats., Village official map and/or Village zoning.
(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. An application for initial licensure of a child welfare agency or group home under Sec. 48.68(3), Wis. Stats.
b. An application for initial licensure of a community-based residential facility under Sec. 50.03(4), Wis. Stats.
c. Proposed designation of a street, road or public way, or any part thereof, wholly within the jurisdiction of the Village, as a pedestrian mall under Sec. 66.0905, Wis. Stats.
d. Matters relating to the establishment or termination of an architectural conservancy district under Sec. 66.1007, Wis. Stats.
e. Matter's relating to the establishment of a reinvestment neighborhood required to be referred under Sec. 66.1107, Wis. Stats.
f. Matters relating to the establishment or termination of a business improvement district required to be referred under Sec. 66.1109, Wis. Stats.
g. A proposed housing project under Sec. 66.1211(3), Wis. Stats.
h. Matters relating to urban redevelopment and renewal in the Village required to be referred under Subch. XIII of Ch. 66, Wis. Stats.
i. The adoption or amendment of a Village subdivision or other land division ordinance under Sec. 236.45(4), Wis. Stats.
j. Any other matter required by the Wisconsin Statutes to be referred to the Plan Commission.
(3) Required Referrals Under This Section.
In addition to referrals required by the Wisconsin Statutes, the following matters may be referred to the Plan Commission for report:
a. Proposed regulations or amendments relating to historic preservation under Sec. 60.64, Wis. Stats.
b. A proposed driveway access ordinance or amendment.
c. A proposed Village official map ordinance under Sec. 62.23(6), Wis. Stats., or any other proposed Village ordinance under Sec. 62.23, Wis. Stats., not specifically required by the Wisconsin Statutes to be referred to the Plan Commission.
d. A proposed zoning ordinance or amendment adopted under Section 62.23(7), Wis. Stats., a construction site erosion control and stormwater management zoning ordinance under Sec. 627(6), Wis. Stats., a Village exclusive agricultural zoning ordinance under Subchapter V of Ch. 91, Wis. Stats.
e. A proposed extraterritorial zoning ordinance or a proposed amendment to an existing ordinance under Sec. 62.23(7a), Wis. Stats.
f. A proposed boundary change pursuant to an approved cooperative plan agreement under Sec. 66.0307, Wis. Stats., or a proposed boundary agreement under Sec. 66.0225, Wis. Stats., or other authority.
g. A proposed zoning ordinance or amendment pursuant to an agreement in an approved cooperative plan under Sec. 66.0307(7m), Wis. Stats.
h. Any proposed plan, element of a plan or amendment to such plan or element developed by the regional planning commission and sent to the Village for review or adoption.
i. Any proposed contract, for the provision of information, or the preparation of a Comprehensive Plan, an element of a plan or an implementation measure, between the Village and the regional planning commission, under Sec. 66.0309, Wis. Stats., another unit of government, a consultant or any other person or organization.
j. A proposed ordinance, regulation or plan, or amendment to the foregoing, relating to a mobile home park under Sec. 66.0435, Wis. Stats.
k. A proposed agreement, or proposed modification to such agreement, to establish an airport affected area, under Sec. 66.1009, Wis. Stats.
I. A proposed airport zoning ordinance under Sec. 114.136(2), Wis. Stats.
m. A proposal to create environmental remediation tax incremental financing in the Village under Sec. 66.1106, Wis. Stats.
n. A proposed county agricultural preservation plan or amendment, under Subchapter IV of Ch. 91, Wis. Stats., referred by the county to the Village, or proposed Village agricultural preservation plan or amendment.
o. Any other matter required by any Village ordinance or Village Board resolution or motion to be referred to the Plan Commission.
(4) Discretionary Referrals.
The Village Board, or other Village officer or body with final approval authority or referral authorization under the Village ordinances, may refer any of the following to the Plan Commission for report:
a. A proposed intergovernmental cooperation agreement, under Sec. 66.0301, Wis. Stats., or other statute, affecting land use, or a municipal revenue sharing agreement under Sec. 66.0305, Wis. Stats.
b. Any other matter deemed advisable for referral to the Plan Commission for report.
(5) Referral Period.
No final action may be taken by the Village Board or any other officer or body with final authority on a matter referred to the Plan Commission until the Plan Commission has made its report, or thirty (30) days, or such longer period as stipulated by the Village 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 Village's ordinances, but not required to be referred under the Wisconsin Statutes, may be made subject by the Village Board to a referral period shorter or longer than the thirty (30) day referral period if deemed advisable.
State Law Reference:
Secs. 61.35, 62.23, and Ch. 236, Wis. Stats.