Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB768 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 768
5	5	December 8, 2023 - Introduced by Representatives HURD, KRUG, MACCO, MURSAU,
6	6	O'CONNOR, PETRYK, SCHMIDT, WITTKE and ROZAR, cosponsored by Senators
7	7	TESTIN, JAMES, QUINN, STAFSHOLT and WANGGAARD. Referred to Committee on
8	8	Local Government.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 62.23 (7a) (a) and 236.02 (5); and to create 60.10 (1) (h),
11	11	66.0217 (14) (c) and 66.0813 (7) of the statutes; relating to: water and
12	12	sewerage system connections and annexation of territory and extraterritorial
13	13	zoning in certain towns.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill allows certain towns to designate themselves as “urban towns,” a
16	16	designation that would limit the effect of extraterritorial zoning and plat approval
17	17	and annexation by other municipalities. The bill also requires local governments to
18	18	allow connection, with certain limited exceptions, to their water or sewerage systems
19	19	by certain other local governments.
20	20	Under the bill, a town that meets all of the following may designate itself as an
21	21	“urban town” upon approval by the town meeting:
22	22	1. The town has a population of more than 5,000 and a population density of
23	23	750 persons in any one square mile.
24	24	2. The town provides law enforcement service.
25	25	3. The town has enacted a subdivision ordinance.
26	26	4. The town has enacted a zoning ordinance or is subject to county zoning.
27	27	Under the bill, a town that has been designated as an urban town is not subject
28	28	to extraterritorial zoning or extraterritorial plat approval by a neighboring city or
29	29	village. Also under the bill, certain significantly developed territory of an urban town
30	30	may not be annexed to a city or village except by unanimous approval of all of the
31	31	property owners of the property to be annexed. The territory covered by this
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37	37	ASSEMBLY BILL 768
38	38	limitation is territory in the urban town that is within three miles of the corporate
39	39	limits of a first, second, or third class city, or one and one-half miles of a fourth class
40	40	city or a village if 1) the territory has an average of more than 30 housing units per
41	41	quarter section or 2) the territory has an assessed value, more than 25 percent of
42	42	which is attributable to existing or potential mercantile, manufacturing, or public
43	43	utility uses.
44	44	The bill also requires certain governmental units (cities, villages, and sanitary
45	45	or utility districts located in cities and villages) to allow connection with limited
46	46	exceptions to their sewer or water systems by urban towns (urban towns and
47	47	sanitary or utility districts located in urban towns), and vice versa. Specifically,
48	48	under the bill, an urban town may request the extension or connection of water or
49	49	sewer service from an adjacent governmental unit by filing a written request for
50	50	connection. The governmental unit may disapprove a request only if its water or
51	51	sewerage system does not have sufficient capacity to serve the area that is the subject
52	52	of the request as of the date of the filing. Likewise, a governmental unit may request
53	53	an extension or connection to the sewer or water system of an urban town and the
54	54	request must be approved unless the system does not have sufficient capacity to
55	55	serve the area covered by the request. The bill also provides that a landowner may
56	56	request a lateral connection to the water or sewerage system of a governmental unit
57	57	or urban town. A request of this sort may also be denied only upon a determination
58	58	of insufficient capacity.
59	59	For further information see the local fiscal estimate, which will be printed as
60	60	an appendix to this bill.
61	61	The people of the state of Wisconsin, represented in senate and assembly, do
62	62	enact as follows:
63	63	SECTION 1. 60.10 (1) (h) of the statutes is created to read:
64	64	60.10 (1) (h) Urban town designation. Designate the town as an urban town
65	65	if all of the following apply:
66	66	1. The town has a population of more than 5,000 and a population density of
67	67	750 persons in any one square mile.
68	68	2. The town provides law enforcement service in one of the manners provided
69	69	under s. 60.56 (1) (a) 1. to 4.
70	70	3. The town has enacted a subdivision ordinance under s. 236.45 (2) (ac).
71	71	4. The town has enacted a zoning ordinance under s. 60.61 or 60.62 or is subject
72	72	to county zoning under s. 59.69.
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85	85	SECTION 2
86	86	ASSEMBLY BILL 768
87	87	SECTION 2. 62.23 (7a) (a) of the statutes is amended to read:
88	88	62.23 (7a) (a) Extraterritorial zoning jurisdiction means the unincorporated
89	89	area, other than qualified urban town territory, as defined in s. 66.0217 (14) (c) 1.,
90	90	within 3 miles of the corporate limits of a first, second or third class city, or 1 1/2 miles
91	91	of a fourth class city or a village. The unincorporated area subject to extraterritorial
92	92	zoning jurisdiction includes areas that are either surrounding or entirely
93	93	surrounded by a single city or village. Wherever extraterritorial zoning jurisdictions
94	94	overlap, the provisions of s. 66.0105 shall apply and any subsequent alteration of the
95	95	corporate limits of the city by annexation, detachment or consolidation proceedings
96	96	shall not affect the dividing line as initially determined under s. 66.0105. The
97	97	governing body of the city shall specify by resolution the description of the area to
98	98	be zoned within its extraterritorial zoning jurisdiction sufficiently accurate to
99	99	determine its location and such area shall be contiguous to the city. The boundary
100	100	line of such area shall follow government lot or survey section or fractional section
101	101	lines or public roads, but need not extend to the limits of the extraterritorial zoning
102	102	jurisdiction. Within 15 days of the adoption of the resolution the governing body
103	103	shall declare its intention to prepare a comprehensive zoning ordinance for all or part
104	104	of its extraterritorial zoning jurisdiction by the publication of the resolution in a
105	105	newspaper having general circulation in the area proposed to be zoned, as a class 1
106	106	notice, under ch. 985. The city clerk shall mail a certified copy of the resolution and
107	107	a scale map reasonably showing the boundaries of the extraterritorial jurisdiction
108	108	to the clerk of the county in which the extraterritorial jurisdiction area is located and
109	109	to the town clerk of each town, any part of which is included in such area.
110	110	SECTION 3. 66.0217 (14) (c) of the statutes is created to read:
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136	136	SECTION 3 ASSEMBLY BILL 768
137	137	66.0217 (14) (c) 1. In this paragraph, “qualified urban town territory” means
138	138	the territory of an urban town designated under s. 60.10 (1) (h) that is within 3 miles
139	139	of the corporate limits of a 1st, 2nd, or 3rd class city, or 1.5 miles of a 4th class city
140	140	or a village if any of the following applies to the entire territory of the urban town
141	141	satisfying the proximity requirement under this subd. 1. (intro.):
142	142	a. The territory has an average of more than 30 housing units per quarter
143	143	section, excluding any mercantile, manufacturing, public utility developed areas,
144	144	publicly owned land, and areas where residential development is impracticable due
145	145	to geographic features, perpetually restricted development rights, or state law.
146	146	b. The territory has an assessed value for real estate tax purposes, more than
147	147	25 percent of which is attributable to existing or potential mercantile,
148	148	manufacturing, or public utility uses.
149	149	2. No qualified urban town territory may be annexed to a city or village unless
150	150	the annexation is by unanimous approval under sub. (2).
151	151	SECTION 4. 66.0813 (7) of the statutes is created to read:
152	152	66.0813 (7) (a) In this subsection:
153	153	1. “Commission" means the public service commission.
154	154	2. “Governmental unit" means a city or village that owns, operates, manages,
155	155	or controls a water or sewerage system or a sanitary or utility district that owns,
156	156	operates, manages, or controls a water or sewerage system that is located, in whole
157	157	or in part, in a city or village.
158	158	3. “Lateral" means the water or sewer lateral or service pipes to be constructed
159	159	or located from the lot line or near the lot line to the main or from the lot line to the
160	160	building to be serviced, or both.
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187	187	SECTION 4
188	188	ASSEMBLY BILL 768
189	189	4. “Sewerage system" means all structures, conduits, pipelines, and
190	190	appurtenances by which sewage, storm water, or surface water are collected,
191	191	transported, pumped, treated, and disposed of, except plumbing inside and in
192	192	connection with buildings served, and service pipes from building to street main.
193	193	5. “Urban town" means an urban town designated under s. 60.10 (1) (h) that
194	194	owns, operates, manages, or controls a water or sewerage system or a sanitary or
195	195	utility district that owns, operates, manages, or controls a water or sewerage system
196	196	that is located, in whole or in part, in an urban town.
197	197	6. “Water system" means all structures, conduits, and appurtenances by means
198	198	of which water is delivered to consumers, except piping and fixtures inside buildings
199	199	served and service pipes from building to street main.
200	200	(b) 1. Notwithstanding subs. (1) and (3) to (5), an urban town may request the
201	201	extension or connection of water or sewer service from an adjacent governmental
202	202	unit by filing a written request for connection with the governmental unit's clerk or,
203	203	if the governmental unit does not have a clerk, the governmental unit's secretary.
204	204	The urban town shall specify in its request the area that will be served by the
205	205	extension or connection. The urban town may specify the point on the water or
206	206	sewerage system from which service is to be extended or connected.
207	207	2. A governmental unit shall make a written determination approving or
208	208	denying a request under subd. 1. within 45 days of receiving the request. The
209	209	governmental unit may disapprove a request under subd. 1. only if its water or
210	210	sewerage system does not have sufficient capacity to serve the area that is the subject
211	211	of the request as of the date of the filing under subd. 1. The system shall be
212	212	considered to have sufficient capacity if the urban town agrees to pay for the
213	213	expansion of the system to accommodate the request.
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240	240	SECTION 4 ASSEMBLY BILL 768
241	241	3. An urban town may appeal a denial under subd. 2. to the commission. The
242	242	commission may include in its decision conditions on the extension or connection of
243	243	service to ensure that costs resulting from the extension or connection are borne by
244	244	the users causing the costs and that the connection point is reasonable. The urban
245	245	town or the governmental unit may appeal the decision of the commission to the
246	246	circuit court for the county in which the proposed extension or connection would
247	247	occur.
248	248	4. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
249	249	the portion of the water or sewerage system located in the urban town shall be owned
250	250	and maintained by the urban town unless the urban town and the governmental unit
251	251	agree otherwise.
252	252	5. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
253	253	the governmental unit may charge benefited landowners in the urban town a fee that
254	254	bears a reasonable relationship to the costs incurred by the governmental unit in
255	255	providing the water or sewer service to those benefited properties. A fee is
256	256	unreasonable under this subdivision if it does not directly arise out of the
257	257	governmental unit's cost or if it is not proportionate to what a similarly situated
258	258	parcel in the governmental unit would be charged for the same service.
259	259	6. The cost of an urban town's construction and connection of its water or
260	260	sewerage system to a governmental unit's water or sewerage system pursuant to an
261	261	approval under subd. 2. or 3. is the responsibility of the urban town.
262	262	(c) 1. Notwithstanding subs. (1) and (3) to (5), a governmental unit may request
263	263	the extension or connection of water or sewer service from an adjacent urban town
264	264	by filing a written request for connection with the urban town's clerk, or if the urban
265	265	town does not have a clerk, the urban town's secretary. The governmental unit shall
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293	293	SECTION 4
294	294	ASSEMBLY BILL 768
295	295	specify in its request the area that will be served by the extension or connection. The
296	296	governmental unit may specify the point on the water or sewerage system from
297	297	which service is to be extended or connected.
298	298	2. An urban town shall make a written determination approving or denying a
299	299	request under subd. 1. within 45 days of receiving the request. The urban town may
300	300	disapprove a request under subd. 1. only if its water or sewerage system does not
301	301	have sufficient capacity to serve the area that is the subject of the request as of the
302	302	date of the filing under subd. 1. The system shall be considered to have sufficient
303	303	capacity if the governmental unit agrees to pay for the expansion of the system to
304	304	accommodate the request.
305	305	3. A governmental unit may appeal a denial under subd. 2. to the commission.
306	306	The commission may include in its decision conditions on the extension or connection
307	307	of service to ensure that costs resulting from the extension or connection are borne
308	308	by the users causing the costs and that the connection point is reasonable. The urban
309	309	town or governmental unit may appeal the decision of the commission to the circuit
310	310	court for the county in which the proposed extension or connection would occur.
311	311	4. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
312	312	the portion of the water or sewerage system located in the governmental unit shall
313	313	be owned and maintained by the governmental unit unless the urban town and the
314	314	governmental unit agree otherwise.
315	315	5. Upon extension or connection pursuant to an approval under subd. 2. or 3.,
316	316	the urban town may charge benefited landowners in the governmental unit a fee that
317	317	bears a reasonable relationship to the costs incurred by the urban town in providing
318	318	the water or sewer service to those benefited properties. A fee is unreasonable if it
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344	344	SECTION 4 ASSEMBLY BILL 768
345	345	does not directly arise out of the urban town's cost or if it is not proportionate to what
346	346	a similarly situated parcel in the urban town would be charged for the same service.
347	347	6. The cost of construction and connection of the water or sewerage system of
348	348	a governmental unit to an urban town's water or sewerage system pursuant to an
349	349	approval under subd. 2. or 3. is the responsibility of the governmental unit.
350	350	(d) 1. Notwithstanding subs. (1) and (3) to (5), a landowner may request a
351	351	lateral connection to the water or sewerage system of a governmental unit or urban
352	352	town by filing a written request for connection with the clerk of the governmental
353	353	unit or urban town or, if the governmental unit or urban town does not have a clerk,
354	354	the governmental unit's secretary.
355	355	2. A governmental unit or urban town shall make a written determination
356	356	approving or denying a request under subd. 1. within 45 days of receiving the
357	357	request. The governmental unit or urban town may disapprove a request under
358	358	subd. 1. only if its water or sewerage system does not have sufficient capacity to serve
359	359	the landowner as of the date of the filing under subd. 1. The system shall be
360	360	considered to have sufficient capacity if the landowner agrees to pay for the
361	361	expansion of the system to accommodate the request.
362	362	3. A landowner may appeal a denial under subd. 2. to the commission. The
363	363	commission may include in its decision conditions on the lateral connection to ensure
364	364	that costs resulting from the lateral connection are borne by the landowner. The
365	365	landowner or the governmental unit or urban town may appeal the decision of the
366	366	commission to the circuit court for the county in which the proposed lateral
367	367	connection would occur.
368	368	4. Upon connection pursuant to an approval under subd. 2. or 3., the
369	369	governmental unit or urban town may charge the landowner a fee that bears a
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397	397	SECTION 4
398	398	ASSEMBLY BILL 768
399	399	reasonable relationship to the costs incurred by the governmental unit or urban town
400	400	in providing the water or sewer service to the landowner's property. A fee is
401	401	unreasonable if it does not directly arise out of the governmental unit's or urban
402	402	town's cost or if it is not proportionate to what a similarly situated parcel in the
403	403	governmental unit or urban town would be charged for the same service.
404	404	5. The cost of constructing and installing the lateral connection to the water or
405	405	sewerage system of the governmental unit or urban town pursuant to an approval
406	406	under subd. 2. or 3. is the responsibility of the landowner. The governmental unit
407	407	or urban town may charge the landowner a lateral connection fee that is equivalent
408	408	to the lateral connection fee that would be charged to a similarly situated parcel in
409	409	the governmental unit or urban town.
410	410	6. A governmental unit or urban town may not prohibit a lateral connection
411	411	under this paragraph except for prior nonpayment of water or sewer charges by the
412	412	landowner.
413	413	(e) An intergovernmental cooperation agreement may not include a limitation
414	414	on the ability of an urban town to seek or obtain extension or connection of water or
415	415	sewer service under par. (b).
416	416	SECTION 5. 236.02 (5) of the statutes is amended to read:
417	417	236.02 (5) “Extraterritorial plat approval jurisdiction" means the
418	418	unincorporated area, other than qualified urban town territory, as defined in s.
419	419	66.0217 (14) (c) 1., within 3 miles of the corporate limits of a first, second or third class
420	420	city, or 1 1/2 miles of a fourth class city or a village.
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