Complete Planning Update; Town-County Zoning Relations .

Extensive Planning Update; Town-County Zoning Relations Town Officials Workshops Spring 2005 displayed by James H. Schneider, J. D. UW-Extension Local Government Center

Part I—Comprehensive Planning Update

Major 2003-04 Comprehensive Planning Legislation AB 435 to cancel the comp arranging law passed on in advisory group. Stomach muscle 551 to permit town board endorsement of province plan was vetoed by the representative. .

AB 750 to excluded from consistency necessity town board practice of dissatisfaction specialist over district general zoning not taken up in floor session and kicked the bucket. Act 233 (AB 608) limited consistency prerequisite .

Comprehensive Planning Law- - Review Created in 1999 spending act Applies to "nearby administrative units" Counties Cities, towns, towns Regional arranging commissions "Far reaching arrangement" is the province "improvement arrange" city, town, town "end-all strategy" RPC territorial "end-all strategy"

The cross-reference to existing terms implies complete arrangement is produced by arranging body that creates & receives the above arrangements.

Comprehensive Planning Body County "arranging and zoning office" "direct(s) the arrangement" of the improvement arrange/far reaching arrangement under the law. Region board may make an arranging & zoning advisory group or commission; or assign a current council or commission as the region arranging & zoning organization.

Planning Body cont. City, town or town (with town powers) arrange commission is the far reaching arranging body. A city, town or town, dissimilar to an area, has no statutory specialist to build up this arrangement by a board of trustees. A counseling council may likewise be included.

Key Aspects of Law Public cooperation rules required 9 coordinated components required; must be overhauled no less than at regular intervals Intergovernmental angles (component and sharing of arrangements) Grants gave

How Comprehensive Planning Law Relates to Prior Law Until the consistency necessity applies area may create and work under an improvement arrange (or other arranging specialist). city, town, town may create and work under end-all strategy (or other arranging specialist).

Consistency necessity is in actuality a command: Starting in 2010 a neighborhood unit must have an exhaustive arrangement set up for its secured activities to be steady with, or else it is at danger of having those activities tested in court.

Consistency Requirement Applies as of Jan. 1, 2010 Former prerequisite: General dialect: "any program or activity of a nearby administrative unit that influences arrive utilize" must be predictable with that unit\'s far reaching arrangement. Nonexclusive posting of activities subject to consistency incorporates zoning, subdivision direction, official mapping, joining, addition, limit understandings, and so on

New Consistency Requirement (2003 Act 233) 2010 consistency necessity applies just to the accompanying … - - zoning statutes - - nearby subdivision control under a neighborhood mandate - - official mapping under nearby law/determination

Effect of Act 233 on nearby units Narrows activities that must be reliable with plan and along these lines decreases odds of claims after 2010 testing activities. 9 components still should be shrouded in extensive arrangement. Limits the suggested command to just those units taking part in at least 1 of the 3 sorts of secured exercises (more underneath).

at the end of the day… Towns are not required to have far reaching arranges by 2010, in the event that they don\'t take part in any of the activities secured by the consistency prerequisite: zoning statutes, subdivision mandates, official mapping under nearby law/determination. This probable means, however, that a town board in a town without a comp plan would lose the specialist to oppose an area general zoning mandate correction (unless the law is changed).

Planning Grants Available for district, city, town, town & RPC thorough arranging Competitive scoring of uses

Funding motivations (focuses & $) for "multi-jurisdictional arrangements" an area and 2 neighborhood units a RPC and 2 nearby units 2 neighborhood units (city, town, town) 10% of base included for every city, town, town; in addition, for a province, 10% of region base if all towns in region take part.

Comp Planning Grant Awards (millions) 2005- - $2.0 2004- - $1.8 2003- - $2.7 2002- - $2.8 2001- - $2.5 2000- - $1.0 (transportation arranging gift) - $12.8 (add up to)

Units Receiving Grants/# of Units Towns- - 466 (8)/1266 Villages- - 151 (1)/401 Cities- - 93 (6)/190 Counties- - 28 (3)/72 RPC\'s- - 3 (1)/9 Tribes—2/11 (reservations) ( ) Refers to units that got a 2000 transportation arranging stipend and later got a far reaching arranging gift.

Multi-jurisdictional Grants 64 grants 643 groups secured

Some FAQs Is a far reaching arrangement required? Is it important to have an arrangement commission to take part in thorough arranging? May a consultative board of trustees be included? May a town construct its activities with respect to the province arrange? Whose arrangement controls, if arrangements are in struggle?

Answers See "Thorough Planning and Smart Growth FAQs" On Local Government Center site: http://www.uwex.edu/lgc/program/pubs.htm (look down to FAQs )

Comments Legislation has fortified arranging. Allow financing, the consistency necessity and extraterritorial specialist will be proceeding with issues. Districts & RPCs assume a vital part in giving information & maps as a reason for arrangements. Provinces working with neighborhood units, particularly towns, may give arranging assets & help accomplish predictable, financially savvy results.

Part II—Town-County Zoning Relations Background—Local Planning expert Zoning

A. Foundation - Local Planning Authority County… may set up an advancement arrange (thorough arrangement) for town domain. may arrange with towns and other neighborhood units. must join city & town ace (thorough) plans into area arrange. may get ready city & town arranges if asked.

Town arranging expert… is under city/town specialist for ace/far reaching arranging Which requires that the town have town powers.

Town may arrange with area or neighboring units under the complete arranging law. general intergovernmental participation law. helpful limit assention law (with "city" neighbors). extraterritorial zoning law (with city or town neighbor).

Cities & towns may… build up an all-inclusive strategy (extensive arrangement) for their own domain for contiguous town region arrange helpfully with towns and different units under different statutes (see past slide)

Providers of arranging administrations for town region may incorporate town and region staff provincial arrangement commission neighboring groups specialists

Planning in Extraterritorial Area Under district law, the city and town ace/complete arrangement "controls" in the ET region. At the point when the consistency necessity produces results in 2010, this implies province activities in the ET region must be reliable with the city or town arrange (assuming any) for that zone (unless the law is changed).

what\'s more, the city or town may practice ET subdivision audit and (less normally) ET zoning. This course of action particularly brings up the significance of influenced units cooperating to achieve assention for getting ready for the ET range.

B. Zoning

County-Town Zoning when all is said in done County expert is to zone towns, not urban areas & towns, but rather Certain base exceptional zoning arrangements (e.g., shoreland & floodplain zoning) survive addition or consolidation. On the off chance that no province general zoning is in actuality town may zone singularly under town forces; or town may request of region to embrace general zoning, and after that zone on possess if district does not act inside one year (uncommon).

If district general zoning is in actuality… town board may by determination acknowledge province zoning (sec. 59.69(5)(c); or town can zone under town controls under sec. 60.62 yet town meeting (or choice) must approve town board to practice zoning under town powers, region must favor statute & area must support corrections before they can produce results.

Evidence of Town Going under County General Zoning See the town board minutes for the meeting at which the determination was received. The town assistant is required to send a guaranteed duplicate of the determination to the area representative, who must record the documenting and print it in the province board\'s procedures. Sec. 59.69(5)(c).

County Zoning Amendments (Town Role) Town may appeal to for alteration and be included in assessing proposed corrections Petition for change to province zoning might be made by town board influenced property proprietors region zoning organization region board individuals

Town Role in County Comprehensive Revision If district general zoning is in actuality in a town… town board needs to endorse area exhaustive update inside a year to be basically nearby - or else town gets to be unzoned. "Thorough correction" is a total revamping which changes various zoning arrangements and adjusts or includes zoning areas.

The capacity of a town to "ransom" of a far reaching zoning modification has added to obsolete region zoning. In any case, because of the far reaching arranging law, it is normal that area zoning will be redesigned. Towns that have been included in area arranging and zoning corrections will more probable have another district zoning statute that they like.

Town Role in County Zoning Amendment Process A proposed alteration must have a publ