2015 WISCONSIN ACT
214
An Act
to amend
59.69 (5) (b), 59.69 (5) (e) 2. and 59.69 (5) (e) 6.; and
to create
59.69 (5) (g) of the statutes;
relating to:
the method used by a county clerk to notify town clerks of certain county zoning actions.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
59.69 (5) (b) of the statutes is amended to read:
59.69
(5)
(b) When the draft of the ordinance, recommended for enactment by the zoning agency, is received by the board, it may enact the ordinance as submitted, or reject it, or return it to the agency with such recommendations as the board may see fit to make. In the event of such return subsequent procedure by the agency shall be as if the agency were acting under the original directions. When enacted,
duplicate copies
a copy
of the ordinance shall be submitted by the clerk
by registered mail
to each town clerk
, under par. (g),
for consideration by the town board.
Section
2
.
59.69 (5) (e) 2. of the statutes is amended to read:
59.69
(5)
(e) 2. Upon receipt of the petition by the agency it shall call a public hearing on the petition. Notice of the time and place of the hearing shall be given by publication in the county of a class 2 notice, under ch. 985. If an amendment to an ordinance, as described in the petition, has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the zoning agency. A copy of the notice shall be
mailed by registered mail
submitted by the clerk under par. (g)
to the town clerk of each town affected by the proposed amendment at least 10 days prior to the date of such hearing. If the petition is for any change in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., the agency shall mail a copy of the notice to the owner or operator of the airport bordered by the airport affected area.
Section
3
.
59.69 (5) (e) 6. of the statutes is amended to read:
59.69
(5)
(e) 6. If an amendatory ordinance makes only the change sought in the petition and if the petition was not disapproved prior to, at or within 10 days under subd. 3. or 30 days under subd. 3m., whichever is applicable, after the public hearing by the town board of the town affected in the case of an ordinance relating to the location of district boundaries or by the town boards of a majority of the towns affected in the case of all other amendatory ordinances, it shall become effective on passage. The county clerk shall record in the clerk's office the date on which the ordinance becomes effective and notify the town clerk of all towns affected by the ordinance of the effective date and also insert the effective date in the proceedings of the county board.
Any
The county clerk shall submit a copy of any
other amendatory ordinance
when enacted shall within 7 days thereafter be submitted in duplicate by the county clerk by registered mail
, under par. (g), within 7 days of its enactment,
to the town clerk of each town in which lands affected by the ordinance are located. If after 40 days from the date of the enactment a majority of the towns have not filed certified copies of resolutions disapproving the amendment with the county clerk, or if, within a shorter time a majority of the towns in which the ordinance is in effect have filed certified copies of resolutions approving the amendment with the county clerk, the amendment shall be in effect in all of the towns affected by the ordinance.
Any
The county clerk shall submit under par. (g), within 7 days of its enactment, any
ordinance relating to the location of boundaries of districts
shall within 7 days after enactment by the county board be transmitted by the county clerk by registered mail
only to the town clerk of the town in which the lands affected by the change are located
and
. Such an ordinance
shall become effective 40 days after enactment of the ordinance by the county board unless such town board prior to such date files a certified copy of a resolution disapproving of the ordinance with the county clerk. If such town board approves the ordinance, the ordinance shall become effective upon the filing of the resolution of the town board approving the ordinance with the county clerk. The clerk shall record in the clerk's office the date on which the ordinance becomes effective and notify the town clerk of all towns affected by such ordinance of such effective date and also make such report to the county board, which report shall be printed in the proceedings of the county board.
Section
4
.
59.69 (5) (g) of the statutes is created to read:
59.69
(5)
(g) 1. Except as provided in subd. 2., when a county clerk is required to submit materials to a town clerk as described in pars. (b) and (e) 2. and 6., the county clerk shall submit the materials by certified mail.
2. A county clerk may submit to a town clerk by electronic mail the materials described in subd. 1. if the county clerk includes with the electronic mail a request that the town clerk promptly confirm receipt of the materials by return electronic mail. If the county clerk does not receive such confirmation within 2 business days, the county clerk shall submit the materials to the town clerk by certified mail.
Section
5
.
Initial applicability.
(1) This act first applies to materials submitted by a county clerk to a town clerk on the effective date of this subsection.
