Chapter 21

Chapter 21

BOARDS, COMMITTEES AND COMMISSIONS

[HISTORY: Adopted by the Town Board of the Town of Troy as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Town Board — See Ch. 142.

ARTICLE I

Plan Commission

[Adopted 3-12-1990 by Ord. No. 90-4; amended in its entirety 8-12-2002]

§ 21-1. Title.

This article is titled the “Town of Troy Plan Commission Ordinance.”

§ 21-2. Purposes.

A. The purpose of this article is to establish a Plan Commission for the Town of Troy and to set forth its organization, powers and duties so as 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.

B. The Plan Commission's purposes are to:

(1) Promote good planning practices and to keep the public and Town Board well informed on planning issues;

(2) Exercise first level oversight over the administration of Chapter 135, Article I, Subdivision Regulations, of this Code through review and recommendation concerning all proposed subdivision of land;

(3) Prepare and recommend for Town Board approval the Town's Growth Management Plan/Comprehensive Plan and any amendments thereto and to recommend implementation measures concerning it;

(4) Review land use matters referred to it by the Town Board and to perform other duties at the request of the Town Board;

(5) Within the framework of county zoning procedures and deadlines, review requests for county rezoning of land located in the Town of Troy and make a recommendation thereon to the Town Board, taking the Town's Growth Management Plan/Comprehensive Plan into account; and

(6) Keep accurate records of its actions.

§ 21-3. Authority; establishment.

The Town Board of the Town of Troy, having been authorized by the Town Meeting under § 60.10(2)(c), Wis. Stats., to exercise village powers, hereby exercises those powers pursuant to § 60.22(3), Wis. Stats., and establishes a seven-member Plan Commission as contemplated by §§ 61.35 and 62.23, Wis. Stats. The Plan Commission, which was previously known as the “Planning Board” and may be referred to as such in other Town documents and materials, shall serve as the Town planning agency.

§ 21-4. Membership.

The Plan Commission shall consist of the Town Chairperson, one additional member of the Town Board and five citizen members who are not Town officials and who shall be persons of recognized experience and qualifications. One alternate member shall be appointed who shall be a member of the Town Board and who shall attend meetings of the Plan Commission and vote only in place of either representative of the Town Board on the Plan Commission, if either regular Town Board member of the Plan Commission is unable to attend Plan Commission meetings.

§ 21-5. Appointments; oath of office.

The Town Chairperson shall annually appoint members to the Plan Commission to fill expiring terms. Appointments are subject to the approval of the Town Board, but such approval is advisory and is not a condition of valid appointment. Appointments to the Plan Commission shall be made after the April election, during a special reorganizational meeting of the new Town Board. Citizens appointed to the Plan Commission shall take and file the oath of office within five days of notice of appointment as required by § 60.31, Wis. Stats.

§ 21-6. Terms of office; removal.

A. Citizen members. The term of appointment for each citizen Plan Commission member shall be three years, ending on April 30, or until a successor is appointed and qualified. Citizen members shall be appointed for staggered terms, so that two position appointments expire annually for each of two years and a single position appointment expires the third year.

B. Town Board member. The Town Board member who serves on the Plan Commission shall also be appointed for a three-year term. Loss of position as an elected member of the Town Board automatically creates a Plan Commission vacancy, to be filled by appointment of another Town Board member.

C. Removal. Plan Commission members are “at pleasure” appointments within the meaning of § 17.13, Wis. Stats., who are appointed for a set term. Removal during an appointed term shall be by a majority vote of the entire Town Board, preceded by a hearing at which the Plan Commission member shall be entitled to be heard on the matter and to present testimony on his/her behalf. “Just cause” or “cause” is not required for removal.

§ 21-7. Vacancies.

A person appointed to fill a mid-term vacancy on the Plan Commission shall serve for the remainder of the original term.

§ 21-8. Compensation; expenses.

All Plan Commission members shall receive a per diem allowance for each Plan Commission meeting in an amount set by the Town Board. The Town Board may also reimburse for preauthorized reasonable expenses, upon being presented with a receipt. Where appropriate, a report or explanation may be required as a condition of expense reimbursement.

§ 21-9. Experts and staff.

The Plan Commission may recommend to the Town Board the employment of experts and staff and may review requests for payment and make a recommendation to the Town Board for payment under any related contract.

§ 21-10. Rules and records.

The Plan Commission may adopt rules for the transaction of its business, subject to Town ordinances. The Plan Commission shall keep a written record of its resolutions, transactions, findings and determinations. Such records shall be public records unless exempted from public access by applicable common law or statute.

§ 21-11. Chairperson and officers.

A. Chairperson. The Town Chairperson or designee shall serve as Chair of the Plan Commission. Powers and duties of the Plan Commission Chairperson include:

(1) Provide leadership to the Plan Commission;

(2) Set meeting and hearing dates;

(3) Provide notice of Plan Commission meetings and hearings and set their agendas, personally or through a designee;

(4) Preside at Plan Commission meetings and hearings; and

(5) Ensure that the law is followed and the land use goals and objectives of the Town are always a consideration of the Plan Commission in its decisions.

B. Vice Chairperson. The Town Board member serving on the Plan Commission shall also serve as Vice Chairperson and shall act in place of the Chairperson when that person is absent or incapacitated.

C. Secretary. The Plan Commission shall designate the Town Clerk-Treasurer or other Town employee to serve as Secretary of the Plan Commission, subject to funding and annual ratification of appointment by the Town Board.

§ 21-12. Commission members as local public officials.

All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities required by the oath of office, § 19.01, Wis. Stats., and in accordance with but not limited to the provisions of §§ 19.21 to 19.39 (public records), § 19.59 (code of ethics), §§ 19.81 to 19.89 (open meeting requirements), and §§ 946.12 and 946.13 (prohibiting misconduct in office and private interests in public contracts), Wis. Stats. Plan Commission members shall perform their duties in a fair and rational manner so as to avoid arbitrary actions or results.

§ 21-13. Meetings; applications.

A. The Plan Commission shall meet monthly during the week before the week of the regular Town Board meeting. The Plan Commission or its Chairperson may adjourn, postpone or reschedule meetings from time to time.

B. All applications for action or recommendation by the Plan Commission and all associated application materials shall be submitted in timely compliance with Town application requirements, which shall be available from the Town Clerk-Treasurer.

§ 21-14. General powers and duties.

The Plan Commission has the power, under § 62.23(4), Wis. Stats.:

A. Necessary to enable it to perform its functions and promote Town planning;

B. To make reports and recommendations relating to the plan and development of the Town to the Town Board and to other public bodies, citizens, public utilities and organizations;

C. To recommend to the Town Board programs for public improvements and the financing of such improvements;

D. To request and receive, within a reasonable time from other public officials, such available information as it may require for its work; and

E. For itself, individual members and employees, in the performance of Plan Commission functions, to enter upon any land, to make examinations and surveys and to place and maintain necessary monuments and marks thereon. Ordinary entry shall not be made upon private land without the express or implied permission of the landowner or tenant. Where such permission has been refused, entry shall be made under the authority of an inspection warrant issued pursuant to § 66.0119, Wis. Stats., or other court-issued warrant.

§ 21-15. Development of Growth Management Plan/Comprehensive Plan.

A. The Plan Commission shall make and adopt a Growth Management Plan/Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats., that contains all elements required by § 66.1001(2) and is prepared in accordance with § 66.1001(4). The basis for the plan shall be the current Town of Troy Growth Management Plan, as enacted in 1992 and as since amended.

B. The Plan Commission shall develop the Growth Management Plan/Comprehensive Plan within the time period directed by the Town Board, but no later than is sufficient to allow the Town Board to review the plan and enact the ordinance adopting it so as to be in effect on or before January 1, 2010, or such other effective date as may be later required by the State of Wisconsin.

C. In this section and in § 21-16, the requirement to “make” or “develop” the plan means that the Plan Commission shall oversee and coordinate the preparation of the plan, whether the actual work is performed by the Plan Commission, Town staff, another unit of government, a regional planning commission, consultant, citizens, an advisory committee, or by any other person or group.

§ 21-16. Procedure for adoption of Growth Management Plan/Comprehensive Plan.

To ensure compliance with the requirements of § 66.1001(4), Wis. Stats., the Plan Commission shall proceed as follows:

A. Public participation verification. Prior to beginning work on a Growth Management Plan/Comprehensive Plan, the Plan Commission shall verify that the Town Board has adopted written procedures to foster public participation in every stage of preparation of the plan. Effective modes of public participation include but are not limited to open discussion, communication programs, information services and noticed public meetings. The procedures established by the Town Board shall provide for wide distribution of proposed, alternative or amended elements of the Growth Management Plan/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 comments.

B. Resolution. The Plan Commission shall act in compliance with § 66.1001(4)(b), Wis. Stats., as it recommends its proposed Growth Management Plan/Comprehensive Plan or amendment to the Town Board. Recommendation shall be by resolution that can only be enacted by four or more votes of the Plan Commission. Action on such resolution shall be recorded in the Commission's minutes. A resolution so enacted shall refer to and specify the maps and other descriptive materials relating to one or more elements of the Growth Management Plan/Comprehensive Plan. The resolution adopting a Growth Management Plan/Comprehensive Plan shall further recite that the requirements of the comprehensive planning law as provided under § 66.1001, Wis. Stats., have been met, namely that:

(1) The Town Board has adopted the written procedures for public participation described herein and that said procedures allowed public participation at each stage of preparing the Growth Management Plan/Comprehensive Plan;

(2) The plan contains the elements required by statute and does so in the manner required by statute;

(3) The maps and other descriptive materials used in it relate to the plan; and

(4) The plan has been adopted by a majority vote of the entire Plan Commission.

C. Transmittal. A copy of the Growth Management Plan/Comprehensive Plan or amendment adopted by the Plan Commission for recommendation to the Town Board shall be sent to:

(1) Every governmental body located in whole or in part within the boundaries of the Town, including school districts, Town sanitary districts, public inland lake protection and rehabilitation districts or other special districts;

(2) The clerk of every city, village, town, county and regional planning commission adjacent to the Town;

(3) The Wisconsin Land Council;

(4) After September 1, 2003, the Wisconsin Department of Administration;

(5) The regional planning commission in which the Town is located; and

(6) Public libraries serving the area in the Town.

§ 21-17. Plan implementation and administration.

A. Ordinance development. When directed to do so by the Town Board, the Plan Commission shall prepare the following:

(1) Zoning. Any proposed Town zoning ordinance under village powers, §§ 60.22(3), 61.35 and 62.23(7), Wis. Stats., any Town construction site erosion control and stormwater management zoning ordinance under § 60.627(6), Wis. Stats., a Town exclusive agricultural zoning ordinance under Subchapter V of Ch. 91, Wis. Stats., and any other zoning ordinance within the Town's authority.

(2) Official map. A proposed official map ordinance under § 62.23(6), Wis. Stats.

(3) Subdivisions. Revision of Chapter 135, Article I, Subdivision Regulations, of this Code or preparation or revision of any related land division ordinance under § 236.45, Wis. Stats.

(4) Other. Any other ordinance specified by the Town Board (e.g., historic preservation, design review, and site plan review).

B. Ordinance amendment. The Plan Commission, on its own motion or at the direction of the Town Board, may prepare proposed amendments to the Town's ordinances relating to comprehensive planning and land use.

C. Nonregulatory programs. The Plan Commission, on its own motion or at the direction of the Town Board, may propose nonregulatory programs to implement the Growth Management Plan/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.

D. Program administration. The Plan Commission shall have the following powers:

(1) Recommendations for local or county variances and county special exception permits. To review and make recommendations to the Town Board concerning the appropriate action or position for the Town to take on applications for variances under Town or county ordinances or under applications for special exception permits under the St. Croix County Zoning Ordinance.

(2) Subdivision review. Proposed plats under Ch. 236, Wis. Stats., and proposed subdivision or other land divisions under Chapter 135, Article I, Subdivision Regulations, of this Code shall be referred to the Plan Commission for review and recommendation to the Town Board.

(3) Other. To review and make recommendations to the Town Board concerning the appropriate action or position for the Town to take on the following topics: Chapter 27, Building Construction, and Chapter 125, Article I, Driveways, of this Code, Riverway District, and Cooperative Boundary Agreement.

E. Consistency. Any ordinance, amendment or program proposed by the Plan Commission, and any Plan Commission approval, recommendation for approval or other action sought or made under Town ordinances or programs that implement the Town's Growth Management Plan/Comprehensive Plan, shall be consistent with that plan as of January 1, 2010, or such later time as the state may allow. If any such Plan Commission action would not be consistent with the Growth Management Plan/Comprehensive Plan, the Plan Commission shall use this as information to consider in updating the Growth Management Plan/Comprehensive Plan.

§ 21-18. Referrals.

A. Required referrals under § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for consideration and report:

(1) The location and architectural design of any public building.

(2) The location of any statue or other memorial.

(3) The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public way, park or playground, airport, area for parking vehicles, or other memorial or public grounds.

(4) The location, extension, abandonment or authorization for any publicly or privately owned public utility.

(5) All divisions of land into parcels falling under the Town's jurisdiction, including divisions under Chapter 135, Article I, Subdivision Regulations, of this Code.

(6) The location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children.

(7) The amendment or repeal of any ordinance adopted under § 62.23, Wis. Stats., including ordinances concerning the Town Plan Commission, the Town Growth Management Plan/Comprehensive Plan under § 66.1001; Wis. Stats., a Town official map; and any Town zoning under village powers.

B. Required referrals under sections of the Wisconsin Statutes other than § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for consideration and report:

(1) An application for initial licensure of a child welfare agency or group home under § 48.68(3), Wis. Stats.

(2) An application for initial licensure of a community-based residential facility under § 50.03(4), Wis. Stats.

(3) Designation of a street, road, public way or any part thereof, wholly within the jurisdiction of the Town, as a pedestrian mall under § 66.0905, Wis. Stats.

(4) Establishment or termination of an architectural conservancy district under § 66.1007, Wis. Stats.

(5) Establishment of a reinvestment neighborhood per § 66.1107, Wis. Stats.

(6) Establishment or termination of a business improvement district, per § 66.1109, Wis. Stats.

(7) A proposed housing project under § 66.1211(3), Wis. Stats.

(8) Matters relating to urban redevelopment and renewal as required under Subchapter XIII of Ch. 66, Wis. Stats.

(9) The adoption or amendment of a Town subdivision or other land division ordinance per § 236.45, Wis. Stats.

(10) Any other matter required by law to be referred to the Plan Commission.

C. Required referrals under this article. In addition to referrals required by the Wisconsin Statutes, the following matters shall be referred to the Plan Commission for consideration and report:

(1) Any proposal under § 59.69, Wis. Stats., for the Town to approve county zoning so that it takes effect in the Town, or to remain under county zoning.

(2) Proposed regulations or amendments relating to historic preservation under § 60.64, Wis. Stats.

(3) Matters affecting Chapter 125, Article I, Driveways, of this Code.

(4) A proposed Town official map ordinance under § 62.23(6), Wis. Stats., or any other proposed Town ordinance under § 62.23, Wis. Stats., not otherwise specifically required by law to be referred to the Commission.

(5) A proposed Town zoning ordinance or amendment adopted under authority separate from or supplemental to § 62.23, Wis. Stats., including a Town construction site erosion control and stormwater management zoning ordinance under § 60.627, Wis. Stats., and a Town exclusive agricultural zoning ordinance under Subchapter V of Ch. 91, Wis. Stats.

(6) A requested recommendation on an application for a special exception permit under the County Zoning Ordinance.

(7) Concept and site plans.

(8) Action affecting an extraterritorial zoning ordinance.

(9) Agreements affecting municipal boundaries and entered into pursuant to § 66.0225, Wis. Stats.

(10) A zoning ordinance or amendment pursuant to a proposed agreement in an approved cooperative plan under § 66.0307(7m), Wis. Stats.

(11) Any comprehensive or other land use plan, its elements or amendment to such plan developed by the regional planning commission and sent to the Town for action.

(12) Any contract concerning the Town's development and administration of its Growth Management Plan/Comprehensive Plan.

(13) An ordinance, regulation, plan or any amendment to the foregoing relating to a mobile home park under § 66.0435, Wis. Stats.

(14) An agreement or amendment to an agreement to establish an airport affected area under § 66.1009, Wis. Stats.

(15) A town airport zoning ordinance under § 114.136(2), Wis. Stats.

(16) A proposal to create environmental remediation tax incremental financing in the Town under § 66.1106, Wis. Stats.

(17) A county agricultural preservation plan or amendment, under Subchapter IV, Ch. 91, Wis. Stats., referred by the county to the Town, any Town agricultural preservation plan or amendment to such a plan.

(18) A county development plan or comprehensive plan or amendment to such plan.

(19) A proposed county zoning ordinance or amendment.

(20) Amendments to the County Subdivision Ordinance under § 236.45, Wis. Stats.

(21) A request for a recommendation on an appeal or permit application under the County Zoning Ordinance to the County Board of Adjustment or other county body.

(22) Any intergovernmental cooperation agreement under § 66.0301, Wis. Stats., or other statute affecting land use, or a municipal revenue sharing agreement under § 66.0305, Wis. Stats.

(23) Recommendation and report on a county plan under § 236.46, Wis. Stats., for a system of public roads.

(24) Any other matter deemed advisable by the Town Chairperson or a majority of the Town Board for referral to the Plan Commission for consideration and report.

D. Referral period. No final action may be taken by the Town Board, any Town official or other governmental body with final authority on a matter required by Subsection A to be referred to the Plan Commission until the Commission has either made its report or the Town Board (or other body) meets to take action on such a matter at a time more than 30 days after such referral and the Plan Commission has not provided a report. For matters subject to referral under this article under Subsections B and C, any recommendation or report shall be due at the regular Town Board meeting next following the referral, except for reports and/or recommendations under Subsection C(4) and (15), where the statutory time requirements shall control. Except for these subsections, the Town Board is authorized, though not required, to take action without said report or recommendation if none is available at the appointed time.

§ 21-19. Savings clause.

The Town of Troy has had a Planning Board for many years prior to the enactment and amendment of this article. Nothing in this article is intended to invalidate any prior action of that body. This article was enacted and has been amended to formally establish the existence of that Planning Board as a Zoning and Planning Board to allow it to continue its important function with the appropriate statutory authorization and within the framework of § 62.23, Wis. Stats.

§ 21-20. Severability.

A judicial determination that any portion of this article is invalid shall not invalidate the entire article but only the portion identified by the court. Any such determination of invalidity shall not operate retroactively.

ARTICLE II

Park Board

[Adopted 6-8-1992 by Ord. No. 92-1; amended in its entirety 9-24-1998]

§ 21-21. Creation; authority.

There is hereby created a Town Park Board, pursuant to the authority granted by §§ 27.13 and 27.08, Wis. Stats., and pursuant to the authority vested in the Town Board by action of a Town Meeting conferring village powers on the Troy Town Board.

§ 21-22. Membership; terms of office; procedures.

A. The Park Board shall consist of seven members, a Town Board Supervisor, and six citizens and a high school student representative when available. This student will not have voting privileges or count towards a quorum. Citizen members shall be persons of recognized experience and qualification. The Town Board member shall be elected by a two-thirds vote of the Town Board upon creation of the Park Board and during each June thereafter. The citizen members shall be appointed by the Town Chairperson upon creation of the Park Board to hold office for a period ending one, two, and three years, respectively, from the succeeding first day of July. Thereafter, during June, two such members shall be appointed annually for a term of three years.

B. The Park Board shall elect a Chairperson, Vice Chairperson and Secretary, who shall keep records of its proceedings. These records shall be filed with the Town Clerk-Treasurer and shall be public records.

C. All action taken shall require the affirmative vote of a majority of the members of the Board in attendance.

D. All costs and expenses of the Park Board shall be approved by the Town Board prior to being incurred by the Park Board.

E. The Town Board may remove any Park Board member without cause.

§ 21-23. Rules.

The Park Board is authorized to adopt rules governing its own proceedings.

§ 21-24. Powers and duties.

The Park Board shall be an advisory board, making recommendations to the Town Board in the areas set forth in § 27.08, Wis. Stats. The Park Board shall report its findings and recommendations to the Town Board for final approval. From time to time the Town Board may prescribe additional duties to the Park Board.

§ 21-25. Meetings.

The Park Board shall set monthly meetings, except as the Park Board may adjourn or postpone meetings from time to time. Meeting dates are determined by the Park Board, with agenda items posted as per statutes. Whereas one member of the Park Board is a Town Supervisor, and that Supervisor may not be able to attend every meeting, another Supervisor may attend and act in his or her behalf.

§ 21-26. Compensation.

The Town Board shall establish compensation for the Park Board members as recompense for various expenses incurred in the performance of their duties, such as telephone calls, letters, and driving expenses.

§ 21-27. Savings clause.

The Town of Troy has had a Park Commission for many years prior to the enactment of this article. Nothing in this article is intended to invalidate any prior action of said Park Commission. The purpose of this article is to formally establish the existence of that Park Commission as a Park Board to allow it to continue its important function with the appropriate statutory authorization and within the framework of §§ 27.13 and 27.08, Wis. Stats.

§ 21-28. Severability.