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Ordinance No. 2004-1

 

 

                                    TOWN OF KICKAPOO

                        PLANNING COMMITTEE ORDINANCE

 

 

 

Section 1.    Title

Section 2.    Purpose

Section 3.    Authority: Establishment

Section 4.    Membership

Section 5.    Appointments

Section 6.    Terms of Office

Section 7.    Vacancies

Section 8.    Rules; Records

Section 9.    Chairperson & Officers

Section 10.  Committee Members as Local Officials

Section 11.  General & Miscellaneous Powers

Section 12.  Town Comprehensive Planning

Section 13.  Procedure for Plan Committee Adoption of Comprehensive Plan

Section 14.  Plan Implementation & Administration (future use)

Section 15.  Referrals to the Plan Committee

Section 16.  Effective Date

 

 

 

 

Section 1. Title

            This ordinance is entitled the “Town of Kickapoo Planning Committee Ordinance.”

 

Section 2. Purpose

            The purpose of this ordinance is to establish a Town of Kickapoo Plan Committee and set forth its organization, powers and duties, to further the health, safety, welfare and wise use of resources for the benefit of present and future residents of the town, through adoption and implementation of comprehensive planning with significant citizen involvement.

 

Section 3.  Authority; Establishment

            The Town Board of the Town of Kickapoo, having been authorized by the Town meeting under sec.60.11(2)(c), Wis. Stats., to exercise village powers; and the Town population has less than 2,500, according to federal census, sec. 990.01 (29), Wis.Stats.  The Town Board hereby exercises village powers under sec. 60.22(3), Wis. Stats., and establishes a five (5) member Plan Committee under secs.60.62(4), 61.35 and 62.23, Wis. Stats.  The Plan Committee shall be considered the “Town Planning Agency” under secs.236.02(13) and 236.45 Wis. Stats.

 

Section 4.  Membership

            The Plan Committee consists of one (1) member of the Town Board, who may be the Town Board Chairperson, and four (4) 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 the members of the Plan Committee, with the advisory approval of the Town Board, and designate the Plan Committee Chairperson during the month of April to fulfill any expiring term.  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 Committee 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.

 

Section 6.  Terms of Office

            The term of office for the Plan Committee and each Commission member shall be for a period of 3 years ending on April 30, or until a successor is appointed and qualified, except:

            (1)  Initial terms .  The citizen members initially appointed to the Plan Committee shall be appointed for staggered terms.

            (2)  Town Board Member.  The Plan Committee member who is a Town Board member shall serve for period of two (2) years, as allowed under sec.66.0501(2), Wis. Stats., concurrent with his or her term that expires two (2) years from the previous April 30.

 

Section 7.  Vacancies

            A person who is appointed to fill a vacancy on the Plan Committee shall serve for the remainder of the term.

 

Section 8.  Rules; Records

            The Plan Committee, 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 9.  Chairperson & Officers

            (1)  Chairperson.  The Plan Committee Chairperson shall be appointed and serve a term as provided in sections 5 & 6 of this ordinance.  The Chairperson shall, subject to Town ordinances and  Committee rules:

                        (a) provide leadership to the Committee;

                        (b) set Committee meeting and hearing dates;

            (c) provide notice of Committee meetings and hearings and set their agendas, personally or by his or her designee;

            (d) preside at Committee meetings and hearings; and

            (e) ensure that the laws are followed.

(2)  Vice chairperson.  The Plan Committee 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 for any cause.

(3)  Secretary.  The Plan Committee shall elect, by open vote or secret ballot under sec. 19.88(1), Wis. Stats., one of its members to serve as Secretary.

 

Section 10. Committee Members as Local Public Officials

All members of the Plan Committee 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 Statues 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;  Committee members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.

 

Section 11. General & Miscellaneous Powers

            The plan Committee , 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 and citizens.

 

Section 12.  Town Comprehensive Planning: General Authority & Requirements

(1)  The Plan Committee 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 procedures in sec. 66.1001(4), Wis. Stats.

(2)  The Plan Committee shall make and adopt the comprehensive plan within the time period directed by the Town Board to review the plan and pass an ordinance adopting it to take effect on or before January 1, 2010, so that the Town comprehensive plan is in effect by the date on which any Town program or action affecting land use must be consistent with the Town comprehensive plan under sec. 661001(3), Wis. Stats.

(3)  In this section the requirement ”make” the plan means that the Plan Committee shall ensure that the plan is prepared, and oversee and coordinate the preparation of the plan, whether the work is performed by the Plan Committee, consultant, citizens, or any group or organization.

 

Section 13.  Procedure for Plan Commission Adoption & Reccommendation of a Comprehensive Plan or Amendment 

The Plan Committee, 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 Committee shall verify that the Town Board has adopted written procedures designed to foster public participation in every state 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 Committee , under sec. 661001(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 Committee.  The vote shall be recorded in the minutes of the Plan Committee.  The resolution adopting a comprehensive plan shall further recite that the requirements of the comprehensive planning law have been met

 

Section 14. Plan Implementation & Administration (future use)

 

Section 15.  Referrals to the Plan Committee   (future use)

 

Section 16.  Effective Date

            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 __19th_____ day of  _February_, 2004

 

 

Kenneth Anderson (Town Board Chairperson)

 

10

(Published/Posted) this _25th day of _February,_ 2004

 

Attest:___Doreen O’Donnell__ (Town Clerk)

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P.O. Box 1 Readstown, WI 54652 Phone: 608-629-5848