ORDINANCE NO. 2021-01
Download: Ordinance 2021-01 Ordinance Adopting an Amendment to the Town of Eau Galle Comprehensive Plan (PDF)
Published/Posted: 20 Day of July 2021
The Town Board of the Town of Eau Galle, St. Croix County, Wisconsin, do ordain as follows:
SECTION 1. Pursuant to Sections 62.23, Section 61.35, and Section 60.22(3) of the Wisconsin Statutes, the Town of Eau Galle is authorized to prepare and adopt a comprehensive plan as defined in Sections 66.1001(1)(a) and 66.1001(2) of the Wisconsin Statutes.
SECTION 2. The Town Board, by a motion, formally adopted the document titled “A Comprehensive Land Use Plan for the Town of Eau Galle” on December 13, 2004.
SECTION 3. The Plan Commission, by a majority vote of the entire Commission at a meeting held on April 12, 2021, recommended to the Town Board the adoption of “A Comprehensive Plan for the Town of Eau Galle: 2020”.
SECTION 4. The Town published or posted a Class 1 public notice and held a public hearing regarding the proposed plan.
SECTION 5. The Town Board of the Town of Eau Galle hereby adopts the attached Comprehensive Plan for the Town of Eau Galle: 2020.
SECTION 6. The Town Clerk is directed to send a copy of the Comprehensive Plan for the Town of Eau Galle: 2020 to the parties listed in Section 66.1001(4)(b) of the Wisconsin Statutes.
SECTION 7. This Ordinance shall take effect upon passage by a majority vote of the full membership of the Town Board and publication or posting as required by law.
ADOPTED this 12 day of July, 2021.
RESOLUTION NO. 2021-02
Adopting Public Participation Procedures for Amending the Comprehensive Plan for the Town of Eau Galle
WHEREAS, pursuant to Section 66.1001 of the Wisconsin Statutes, all units of government which enact or amend zoning, subdivision, or official mapping ordinances on or after January 1, 2010, must adopt a comprehensive plan; and
WHEREAS, the Town of Eau Galle adopted a comprehensive land use plan on December 13, 2004; and
WHEREAS, Section 66.1001(4)(a) of the Wisconsin Statutes requires that the Town Board adopt written procedures designed to foster public participation during the preparation or amendment of a comprehensive plan; and
WHEREAS, the Town Board of the Town of Eau Galle believes that regular, meaningful public involvement in the comprehensive planning process is important to assure that the comprehensive plan continues to reflect input from the public; and
WHEREAS, public participation procedures have been developed to foster public participation in the comprehensive plan amendment process.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Eau Galle hereby adopts the Public Participation Procedures for Amending the Comprehensive Plan attached hereto as Exhibit A to fulfill the requirements of Section 66.1001(4)(a) of the Wisconsin Statutes.
ADOPTED this 14 day of June , 2021.
EXHIBIT A
Public Participation Procedures for Amending the Comprehensive Use Plan for the Town of Eau Galle
Introduction
On December 13, 2004, the Eau Galle Town Board adopted a Town comprehensive plan, which is documented in a report titled “A Comprehensive Plan For the Town of Eau Galle”. Under Section 66.1001(4)(a) of the Wisconsin Statutes, future amendments to the comprehensive plan must also be carried out in accordance with a public participation plan, adopted by the Town Board, designed to foster public participation in the amendment process. The balance of this document describes the process to be followed by the Town to foster public participation in the consideration of amendments to the comprehensive plan.
Part 1: Public Participation Activities and Procedures for Comprehensive Plan Amendments
1. Background Materials
The Town will provide opportunities for public review of materials describing all proposed amendments to the comprehensive plan, including the following:
- Printed copies of materials describing a proposed plan amendment will be made available at the Town Hall.
- Electronic copies of materials describing a proposed plan amendment may be posted on the Town website.
- Notification via mail and posted on the Town website of an optional survey that may be completed by current residents of the Town of Eau Galle.
2. Optional Public Informational Meeting
The Town Board, at its option, may schedule a public informational meeting to be held prior to the required public hearing. The public informational meeting will provide an opportunity for the public to review maps and other information relating to the proposed amendment. No formal procedures or notice requirements are required for the informational meeting; however, the Town will provide notice of the meeting through its website and through publication or posting.
3. Public Hearing
As required by Section 66.1001(4)(d), the Town will hold a public hearing on each proposed amendment to the comprehensive plan. The hearing may be held by the Plan Commission, Town Board, or jointly by the Plan Commission and Town Board. The hearing will include a presentation by the applicant describing the proposed plan amendment followed by an opportunity for the public to comment on the proposed amendment. The Town Plan Commission and Town Board will consider public testimony provided at the hearing and any written comments submitted to the Town prior to the hearing during their deliberations on the proposed plan amendment.
4. Notice of Public Hearing
The public hearing will be preceded by a Class 1 notice that is published or posted at least 30 days before the hearing is held. In accordance with Section 66.1001(4)(d), the notice will include the date, time, and place of the hearing; a brief summary of the proposed comprehensive plan amendment and/or a map illustrating the proposed amendment; a local contact who may be contacted for additional information on the proposed plan amendment and to whom written comments regarding the plan amendment may be submitted; and information regarding where and when the proposed plan amendment may be inspected before the hearing and how a copy of the proposed plan amendment may be obtained.
5. Notification to Interested Parties
The Town Clerk will provide a copy of the public hearing notice and the proposed amendment at least 30 days prior to the public hearing to any person who submits a written request to receive notice of a proposed amendment under Section 66.1001(4)(f). The Town may charge a fee to cover the cost of providing such notice. In accordance with Section 66.1001(4)(e), the Town Clerk will also provide notice to nonmetallic mining operators within the Town; to persons who have registered a marketable nonmetallic mineral deposit within the Town; or to persons who own or lease property on which nonmetallic minerals may be extracted, if such person has requested notification in writing. The Town Clerk will maintain a list of persons who have submitted a written request to receive notices of public hearings under Section 66.1001(4)(e)(3) and Section (4)(f).
6. Plan Commission Recommendation
The Plan Commission will make a recommendation to the Town Board to approve, deny, or modify the proposed amendment. The Plan Commission’s recommendation will be in the form of a resolution approved by a majority of membership of the Plan Commission.
7. Town Board Action
Following Plan Commission action, the Town Board will consider the amendment and the Plan Commission’s recommendation and approve, deny, or refer the proposed amendment back to the Plan Commission. If approved, Town Board approval will be in the form of an ordinance adopted by a majority of the full membership of the Town Board.
8. Distribution of Plan Amendment
If approved by the Town Board, printed or electronic copies of the amendment will be sent by the Town Clerk to the parties listed in Section 66.1001(4)(b).
Part 2: Additional Procedures for Comprehensive Plan Amendments Requiring a Rezoning
In some cases, an amendment to a comprehensive plan may be needed in order for a proposed rezoning to be consistent with the plan. In such cases, the Town Board may allow the public notice and public hearing for the proposed plan amendment and rezoning to be combined, if a combined hearing is acceptable to the applicant. In such cases, the following procedures shall apply in addition to or in combination with those set forth in Part 1:
The notice of the public hearing shall be published and distributed in accordance with the procedures set forth in paragraphs 4 and 5 in Part 1; however, the public notice will include notification that the proposed rezoning will also be considered at the hearing. The notice will include any information required in a public notice for a rezoning by the Town zoning ordinance. The combined notice will constitute the first of the two (Class 2) public notices required for rezoning under the Statutes. The public notice will be published a second time one week after the first notice is published, unless a later time is specified in the zoning ordinance. The Town will also notify parties-in-interest as required by the Town zoning ordinance, and any parties that have filed a written request for rezoning notifications under Section 60.61(4)(f) of the Statutes.
The Plan Commission will consider and act on a proposed plan amendment before considering the requested rezoning, and a separate motion will be made for a recommendation to the Town Board on the plan amendment, followed by a motion to make a recommendation to the Town Board on the rezoning.
The Town Board will consider and act on a proposed plan amendment before considering the requested rezoning. A separate motion will be made for action on the plan amendment, followed by a motion to act on the rezoning. If approved, separate ordinances will be adopted for the plan amendment and for the rezoning.