This ordinance is entitled the “Town of Howard Plan Commission Ordinance.”
Section 2. Purpose
The purpose of this ordinance is to establish a Town of Howard 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 Howard having been authorized by the Town meeting under sec. 60.11(2)(c),
Wis. Stats., to exercise village powers hereby exercises village powers under sec. 60.22(3), Wis. Stats.,
and establishes a seven (7) 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 (7-Member)
The Plan Commission shall consist of seven (7) members of which one (1) may be a member of the Town
Board, who may be the Town Board Chairperson, and a minimum of six (6) citizen members, who are not
otherwise Town officials, and who shall be persons of recognized experience and qualifications.
Section 5. Appointments
The Town Board Chairperson shall appoint members of the Plan Commission, subject to confirmation
by the Town Board, during the month of April, to fill any expiring term. The Town Board Chairperson
shall also select the Chairperson of the Plan Commission. 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 confirmation by 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.
(1) Initial Terms. 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.
A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term. A member of the Plan Commission may only be removed following review by the Town Board and the adoption of a motion for removal by a majority vote of the Town Board.
The Town Board of the Town of Howard hereby sets a per diem allowance of up to $25.00 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.
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.
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, subject to subsection (4) below:
(c) provide notice of Commission meetings and hearings and set their
agendas, personally or by his or her designee, subject to subsection (4) below
(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 and subject to subsection (4) below.
(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.
(4) Meetings and Agenda. As indicated
in subsection (1) above, the Plan Commission Chairperson shall have the authority to schedule regular
and special meetings of the Plan Commission, and set the agenda for those meetings. In addition, two
members of the Plan Commission may call a special meeting with a specified agenda or add an item to
the agenda at a regular meeting by taking the following actions: two members of the Plan Commission
must make a request for such special meeting or addition to the agenda, in writing, and submit it to
the Plan Commission Chairperson, or to the Vice Chairperson when the Chairperson is absent or incapacitated
for any cause, and the Town Clerk. The Town Clerk or a suitable designee shall post and/or publish the
agenda in accordance with the Open Meetings Law and local practice.
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.
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 Master Planning & Comprehensive Planning:
General Authority & Requirements
(1) The Plan Commission, under sec. 62.23(2), Wis. Stats., shall, except as
provided in sub. (2) of this section, make and adopt the Town master plan, with accompanying maps,
plats, charts and descriptive and explanatory matter.
(2) In lieu of the adoption of a master plan under sub. (1) of this section, the Plan
Commission may 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.
(3) Regardless of whether the Town has a master plan under sub. (1) of this
section, or is developing one, the Plan Commission shall make and adopt a comprehensive plan under
sub. (2) of this section and the comprehensive planning law, sec. 66.1001, Wis. Stats., 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 by the date on which specified town actions
must be consistent with the Town comprehensive plan under sec. 66.1001(3), Wis. Stats.
(4) 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.
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 Town 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 Town Board and for the Town 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 Town 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 Town 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 Commission to the governmental units specified in sec. 66.1001(4), Wis. Stats., and sub. (3)
of this section.
(3) Transmittal. One copy of the comprehensive plan or amendment adopted by
the Plan Commission for recommendation to the Town Board shall be sent to:
(a) Every governmental body that is located in whole or in part within the
boundaries of the Town, including any school district, Town 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 Town.
(c) The Wisconsin Land Council.
(d) After September 1, 2005, the Department of Administration.
(e) The regional planning commission in which the Town is located.
(f) The public library that serves the area in which the Town is located.
Board, the Plan Commission shall prepare the following:
(a) Zoning. A proposed Town zoning ordinance under village powers, secs.
60.22(3), 61.35 and 62.23(7), Wis. Stats., a Town construction site erosion control and stormwater
management zoning ordinance under sec. 60.627(6), Wis Stats., a Town exclusive agricultural zoning ordinance
under subch. V of ch. 91, Wis. Stats., and any other zoning ordinance within the Town’s authority.
(b) Official map. A proposed official map ordinance under sec. 62.23 (6),
Wis. Stats.
(c) Subdivisions. A proposed Town subdivision or other land division
ordinance under sec. 236.45, Wis. Stats.
(d) Other. Any other ordinance specified by the Town 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 Town
Board by its resolution or motion, may prepare proposed amendments to the Town’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 Town 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 improvement planning.
(4) Program administration. The Plan Commission shall, pursuant to Town
ordinances, have the following powers.
(a) Zoning conditional use permits. The zoning administrator shall refer
applications for conditional use permits under Town zoning to the Plan Commission for review and
recommendation to the Town Board as provided under section 11.13 of the Town zoning ordinances.
(b) Subdivision review. Proposed plats under ch. 236, Wis. Stats, [and
proposed subdivisions or other land divisions under the Town subdivision ordinance under sec. 236.45,
Wis. Stats. and section 11.13 of the Town ordinances shall be referred to the Plan Commission for review
and recommendation to the Town Board.
(5) Consistency. When the Plan Commission considers any action that is subject to the consistency
requirement in sec. 66.1001(3), Wis. Stats., the action of the Plan Commission shall be either (a) consistent
with the Town Comprehensive plan; or, (b) if any such Plan Commission action would not be consistent
with the Town Comprehensive Plan, the Plan Commission shall use said action as information to consider
in updating the Town Comprehensive Plan. As determined by the Plan Commission, any such updates shall
either be considered during the next regular review of the Town Comprehensive Plan or by a special review,
if the Plan Commission determines that special review is warranted.
referred to the Plan Commission for 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
(i) street, alley or other public way;
(ii) park or playground;
(iii) airport;
(iv) area for parking vehicles; or
(v) 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 Town’s jurisdiction under ch. 236, Wis. Stats., including divisions under
a Town subdivision or other land division ordinance adopted under sec. 236.45, Wis. Stats.
(f) The location, character and extent or acquisition, leasing or sale of lands for
(i) public or semi-public housing;
(ii) slum clearance;
(iii) relief of congestion; or
(iv) vacation camps for children.
(g) The amendment or repeal of any ordinance adopted under sec. 62.23, Wis. Stats., including ordinances
relating to: the Town Plan Commission; the Town master plan or the Town comprehensive plan under sec.
66.1001, Wis. Stats.; a Town official map; and Town zoning under village powers.
(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 Town, 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) Matters 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 Town required to be referred under
subch. XIII of ch. 66, Wis. Stats.
(i) The adoption or amendment of a Town 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 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) Proposed regulations or amendments relating to historic preservation under sec. 60.64, Wis. Stats.
(c) A proposed driveway access ordinance or amendment.
(d) 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.
(e) A proposed Town zoning ordinance or amendment adopted under authority separate from or supplemental
to sec. 62.23, Wis. Stats., including a Town construction site erosion control and stormwater management
zoning ordinance under sec. 60.627(6), Wis Stats., and a Town exclusive agricultural zoning ordinance
under subch. V of ch. 91, Wis. Stats.
(f) An application for a conditional use permit under the Town zoning ordinance
(g) A proposed site plan
(h) A proposed extraterritorial zoning ordinance or a proposed amendment to an existing ordinance
under sec. 62.23(7a), Wis. Stats.
(i) 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.
(j) A proposed zoning ordinance or amendment pursuant to an agreement in an approved cooperative
plan under sec. 66.0307(7m), Wis. Stats.
(k) Any proposed plan, element of a plan or amendment to such plan or element developed by the regional
planning commission and sent to the Town for review or adoption.
(l) 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 Town and the regional planning
commission, under sec. 66.0309, Wis. Stats., another unit of government, a consultant or any other person
or organization.
(m) A proposed ordinance, regulation or plan, or amendment to the foregoing, relating to a mobile
home park under sec. 66.0435, Wis. Stats.
(n) A proposed agreement, or proposed modification to such agreement, to establish an airport affected
area, under sec. 66.1009, Wis. Stats.
(o) A proposed town airport zoning ordinance under sec. 114.136(2), Wis. Stats.
(p) A proposal to create environmental remediation tax incremental financing in the town under sec.
66.1106, Wis. Stats.
(q) 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.
(r) Any other matter required by any Town ordinance or Town Board resolution or motion to be referred
to the Plan Commission.
(4) 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:
(a) A proposed county development plan or comprehensive plan, proposed element of such a plan, or
proposed amendment to such plan.
(b) A proposed county zoning ordinance or amendment.
(c) A proposed county subdivision or other land division ordinance under sec. 236.45, Wis. Stats.,
or amendment.
(d) An appeal or permit application under the county zoning ordinance to the county zoning board
of adjustment, county planning body or other county body.
(e) 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.
(f) A proposed plat or other land division under the county subdivision or other land division ordinance
under sec. 236.45, Wis. Stats.
(g) A proposed county plan, under sec. 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.
(h) Any other matter deemed advisable for referral to the Plan Commission for report.
(5) 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.
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 this ______ day of ________________, 20____.
_______________________________ Town Board Chairperson
Published / Posted this ______ day of ________________, 20 ____.
Attest: _________________________ Town Clerk