Chapter 2.45


2.45.010    Title – Purpose.

2.45.020    Definitions.

2.45.030    Abrogation and greater restrictions.

2.45.040    Interpretation.

2.45.050    Severability.

2.45.060    Repeal.

2.45.070    Composition and operation of plan commission.

2.45.080    General and miscellaneous powers.

2.45.090    Referrals to the plan commission.

2.45.010 Title – Purpose.

This chapter is entitled “town of Richmond plan commission.” The purpose of this chapter is to set forth the plan commission’s 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. The plan commission is the “town zoning committee” created pursuant to Wis. Stats. Section 60.61(4)(a), and a “planning committee” or “plan committee” or “planning commission” or “planning agency” of the town as those terms are used in Wisconsin Statutes. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-1.]

2.45.020 Definitions.

As used in this chapter, the following words and phrases shall be defined as follows:

“County” shall mean Walworth County, Wisconsin. When used in a geographical sense, “county” shall mean all lands within the boundaries of Walworth County, Wisconsin.

“State” shall mean the state of Wisconsin, including any state agency or department, agent, or employee.

“Town” shall mean the town of Richmond. When used in geographical sense, “town” shall refer to all lands located within the town.

“Town board” shall mean the present governing body of the town, or any future body constituting the governing body of the town.

“Wis. Stats.” or “Wisconsin Statutes” shall mean the official statutes of the state, as amended from time to time. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-2.]

2.45.030 Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, agreements, rules, regulations, or permits previously adopted or issued pursuant to laws. However, this chapter replaces Ordinance No. 2008-001 and supersedes it in its entirety. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-3.]

2.45.040 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, and shall be liberally construed in favor of the town and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-4.]

2.45.050 Severability.

If any section, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-5.]

2.45.060 Repeal.

Any portion of the town code inconsistent or conflicting with this chapter, to the extent of the inconsistency only, is hereby repealed. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-6.]

2.45.070 Composition and operation of plan commission.

(a) Membership. The plan commission shall have five members. The plan commission created under Ordinance No. 2008-001, and existing at the time of the adoption of this chapter, shall become the initial plan commission under this chapter, with the existing terms to expire as they would under the terms of Ordinance No. 2008-001, and the successors to those terms to be selected thereafter as set forth in this chapter. All members of the plan commission under this chapter shall be appointed by the town board chairperson to three-year terms, subject to confirmation by the town board. The town chairperson shall also select the presiding officer. The town board chairperson may appoint town board members to the commission and may appoint other town elected or appointed officials to the plan commission, except that the commission shall always have at least one citizen member who is not a town official.

(b) Vacancies and Removal. 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 be removed only by a majority vote of the town board.

(c) Rules – Records. The plan commission may adopt rules for the transaction of its business, subject to the town code, and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record under Wis. Stats. Sections 19.21 through 19.39.

(d) Plan 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, Wis. Stats. Section 19.01, in accordance with, but not limited to, the provisions of the Wisconsin Statutes on: Public Records, Wis. Stats. Sections 19.21 through 19.39; Code of Ethics for Local Government Officials, Wis. Stats. Sections 19.42, 19.58, and 19.59; Open Meetings, Wis. Stats. Sections 19.81 through 19.89; Misconduct in Office, Wis. Stats. Section 946.12; and Private Interests in Public Contracts, Wis. Stats. Section 946.13. Plan commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-7.]

2.45.080 General and miscellaneous powers.

The plan commission shall have the power to make reports and recommendations relating to the plan and development of the town to the town board as requested by the town board, and shall also, in the discretion of the town board, have all powers given to a plan commission under the Statutes of the State of Wisconsin to the extent such powers may be held by a town in Walworth County. Its members and employees may, in the performance of their duties, 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 Wis. Stats. Section 66.0119, or other court issued warrant. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-8.]

2.45.090 Referrals to the plan commission.

(a) Discretionary Referrals. The following may, in the discretion of the town board, be referred to the plan commission for report:

(1) The location and architectural design for 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:

(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.

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

(5) Plats under the town’s jurisdiction, under Wis. Stats. Ch. 236, including divisions under a town subdivision or other land division ordinance adopted under Wis. Stats. Section 236.45.

(6) 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.

(7) Consideration of the amendment or repeal of any ordinance, the town master plan or the town comprehensive plan, under Wis. Stats. Section 66.1001, and the town official map.

(8) Any application submitted under land division regulations adopted as part of this code.

(9) Any proposal, under Wis. Stats. Section 59.69, for the town to approve general county zoning so that it takes effect in the town, or to remain under general county zoning.

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

(11) A proposed driveway access ordinance or amendment.

(12) A proposed town official map ordinance, or any other proposed town ordinance.

(13) A proposed town zoning ordinance or amendment.

(14) 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.

(15) 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 Wis. Stats. Section 66.0309, another unit of government, a consultant, or any other person or organization.

(16) A proposed agreement, or proposed modification to such agreement, to establish an airport affected area, under Wis. Stats. Section 66.1009.

(17) A proposal to create environmental remediation tax incremental financing in the town, under Wis. Stats. Section 66.1106.

(18) A proposed county agricultural preservation plan or amendment, under Wis. Stats. Ch. 91, Subch. IV, referred by the county to the town, or proposed town agricultural preservation plan or amendment.

(19) A proposed county development plan or comprehensive plan, proposed element of such a plan, or proposed amendment to such plan.

(20) A proposed county zoning ordinance or amendment.

(21) A proposed county subdivision or other land division ordinance, under Wis. Stats. Section 236.45, or amendment.

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

(23) A proposed plat or other land division under the county subdivision or other land division ordinance, under Wis. Stats. Section 236.45.

(24) A proposed county plan under Wis. Stats. Section 236.46 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.

(25) Matters related to conservation easements under Ordinance No. 2008-002, as amended.

(26) Any other matter the town board deems advisable for referral to the plan commission for report.

(b) Required Referrals. The following shall be referred to the plan commission for report:

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

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

(3) 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 Wis. Stats. Section 66.0905.

(4) Matters relating to the establishment or termination of an architectural conservancy district, under Wis. Stats. Section 66.1007.

(5) Matters relating to the establishment of a reinvestment neighborhood required to be referred, under Wis. Stats. Section 66.1107.

(6) Matters relating to the establishment or termination of a business improvement district required to be referred, under Wis. Stats. Section 66.1109.

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

(8) Matters relating to urban redevelopment and renewal in the town required to be referred under Wis. Stats. Ch. 66, Subch. XIII.

(9) The adoption or amendment of a town subdivision or other land division ordinance, under Wis. Stats. Section 236.45(4).

(10) Any other matter required by the Wisconsin Statutes to be referred to a plan commission, a planning commission, a plan committee, a planning committee, or a planning agency, and not directly to the town board. [Ord. dated 8/15/2013 § 1. Code 2002 § 11-9.]