(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I - TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Building Information Permit Ordinance. The purpose of this ordinance is for the town to have information regarding the type, size, and location of all buildings and structures constructed, reconstructed, remodeled, removed, or demolished after the effective date of this ordinance.
SECTION II - AUTHORITY
The town board of the town has the authority under
s. 60.61, Wis. stats., and general authority under its village powers under
s. 60.22, Wis. stats., to adopt this ordinance.
SECTION III - ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, requires a town building information permit for all buildings constructed, reconstructed, remodeled, removed, or demolished as provided in this ordinance.
SECTION IV - DEFINITIONS
In this ordinance:
A. “Building” means any building or structure and any installation constructed, reconstructed, remodeled, enlarged, altered, removed, or demolished for any use within the town, including but not limited to one- and two-family dwellings, manufactured homes, mobile homes, temporary or seasonal dwellings, garages, agricultural structures, and outbuildings.
B. “Owner” means any person having a legal or equitable interest in a building. “Owner” does not include any person whose legal or equitable interest in a building is a security interest derived solely from the extension of credit to permit construction or remodeling of the building or purchase of the building by a third party.
C. “Town” means the Town of ________, ________ County, Wisconsin, and includes the town's officers, employees, and agents when appropriate.
D. “Town board” means the Board of Supervisors for the Town of ________, or any person designated to act for the town board.
E. “Town clerk” means the Clerk of the Town of ________ or his or her deputy or agent.
F. “Wis. stats.” means the Wisconsin Statutes, including successor provisions.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI - REQUIREMENT FOR BUILDING INFORMATION PERMIT
The owner of any building or structure in the town, unless exempt under this ordinance, who constructs, installs, remodels, reconstructs, enlarges, alters, removes, or demolishes any building or structure within the town shall seek and obtain from the town a Town Building Information Permit prior to commencing, or causing the commencement of, any construction, installation, remodeling, reconstruction, enlargement, altering, removing, or demolishing of any building.
SECTION VII - EXEMPTIONS FROM PERMIT REQUIREMENT
The requirement in Section VI to obtain a Town Building Information Permit shall not apply to any of the following:
A. Buildings or structures owned by the town.
B. Additions, remodeling, reconstruction, enlargement, or alterations to buildings, when the cost of the work, including labor, shall be less than $____ [insert dollar amount, such as $1,000] within a 12-month period.
C. The restoration or repair of building equipment, such as furnaces, central air conditioners, water heaters, and similar mechanical equipment without the alteration or addition to the building or structure.
D. Fences or other similar enclosures.
SECTION VIII - OTHER REQUIREMENTS REMAIN APPLICABLE
The issuance of this Town Building Information Permit does not relieve the owner from any of the following:
A. Obtaining any permit that may be required by any other state law or local ordinance, including but not limited to any of the following:
1. County sanitary permits.
2. Town, county, or state driveway permits.
3. State one- and 2-family dwelling code permits.
4. Any other applicable permit under town or county ordinance or state law.
B. Complying with any other requirement, ordinance, or law, including, but not limited to, those governing zoning, subdivision, land division, and setbacks.
SECTION IX - TOWN BUILDING PERMIT FORM, ISSUANCE, AND FEE
The town board is authorized to approve by resolution a Town Building Information Permit form, designate the person or persons authorized to issue the permits, and establish a fee for issuance of the permits.
SECTION X - PENALTIES
Any person that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $25 nor more than $100, plus the applicable surcharges, assessments and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION XI - SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XII - EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: The Department of Safety and Professional Services, Division of Industry Services Programs, has created a Model Ordinance for Adoption of Wisconsin Uniform Dwelling Code, which covers adoption of the Uniform Dwelling Code, appointment of an inspector, requiring a permit and imposing a fee, and assessing a penalty. Electronic copies may be downloaded from the Department of Safety and Professional Services website at:
STATE OF WISCONSIN
Town of ________
________ County
I, ________ ________, the chairperson of the Town of ________, ________ County, Wisconsin, as the appointing authority under
s. 62.23 (1), Wis. stats., for members of the town plan commission, hereby appoint ________ ________ [as a citizen member of the town plan commission, who is not a town official or a member of the town plan commission, who is a town official
*], for the term of office of 3 years, to commence on April ___, 20__, and to expire on April ___, 20__.
**
Dated this ________ day of April, 20__.
[Signature of town chairperson]
The above appointments to the town plan commission are hereby approved and confirmed.
[Signatures of town board]
Notes: Under
ss. 60.62 and
62.23 (1), Wis. stats., the town board may by ordinance create a town plan commission, to consist of 7 members. All members of the commission shall be appointed by the town board chairperson, subject to confirmation by the town board, who shall also choose the presiding officer. The chairperson may appoint town elected or appointed officials, including town board members, except that the commission shall always have at least 3 citizen members who are not town officials, and except that in towns with a population of less than 2,500, the town plan commission may have 5 members with at least one citizen member who is not a town official.
Under
s. 62.23 (1) (d), Wis. stats., the members of the commission shall be appointed to hold office for a period of 3 years. Appointments shall be made during the month of April for terms that expire in April or at any other time if a vacancy occurs during the middle of a term.
To the Town Board of the Town of ________, ________ County, Wisconsin:
The undersigned, [constituting at least 51% of the persons owning real estate or the owners of at least 51% of the land] within the limits of the territory proposed to be organized into a town sanitary district, as described below, request that you establish a town sanitary district, to be known as Town Sanitary District No. ____ of the Town[s] of ________, ________ County, Wisconsin, for the reasons that a sanitary district is necessary and that the public health, safety, convenience, and welfare will be promoted by the establishment of a district and that the property to be included in the district will be benefited by establishment of a sanitary district.
The boundaries of the territory to be included in the proposed sanitary district are as follows: [insert legal description].
A plat [or sketch] showing the approximate area and boundaries of the proposed sanitary district is attached.
The following is a general outline of the proposed improvement: [
give general outline].
Dated this ______ day of ________, 20__.
[Signatures of petitioners]*
Verification
STATE OF WISCONSIN
________ County
________ ________, being first duly sworn, states on oath that [he
or she] is one of the above petitioners, that the above petition was signed personally by the petitioners, and that the above petition is true and correct to the affiant's own knowledge, except as to matters stated on information and belief, which the affiant believes to be true.
[Signature of affiant]
Subscribed and sworn to before me this ____ of ________, 20__.
[Signature and title of officer]
Notes: If a proposed sanitary district is within more than one town, the town board with the largest portion of the equalized value of taxable property within the district has exclusive jurisdiction to establish the sanitary district. The verification may be signed by one of the petitioners before any of the officials listed in
s. 887.01 (1), Wis. stats. The petition must be filed with the town clerk.
Section 60.71 (2) (b), Wis. stats., provides, “One or more of the petitioners shall verify that the petition was signed personally by the persons whose signatures appear on the petition, or a person who signs a petition may have his or her signature notarized.” When signatures are notarized, appropriate attestation by the notary must be added, such as:
Personally came before me this ________ day of _____, 20__, ________ ________, of the Town of ________, ________ County, Wisconsin, known to me to be the person who signed this petition, and acknowledged the same.
[Signature of notary public]
Notary Public, State of Wisconsin
My commission _________.
We, [state the name of the principals], as principals, and [state the name of the sureties], as sureties, of ________ County, Wisconsin, jointly and severally undertake and agree that the principals will pay to the Town of ________, ________ County, Wisconsin, all the expenses connected with the proceedings upon the petition of the principals to establish a town sanitary district in the town as provided by
s. 60.71, Wis. stats., in case the town board refuses to establish a sanitary district.
[Signatures and seals]
In presence of:
[Signatures of 2 witnesses]
Approval of Bond
The above bond was approved by the Town Board of the Town of ________, ________ County, Wisconsin, at its meeting held on ________ ___, 20__.
[Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
Notice is hereby given that a hearing on a petition for the establishment of a town sanitary district, to be known as Town Sanitary District No. ____ of the Town[s] of ________, ________ County, Wisconsin, will be held at ______________ [town hall or some other proper place] at ____ o'clock ___m., on ________ ___, 20__. The boundaries of the proposed district are as follows: [define boundaries].
Dated this ______ day of ________, 20__.
[Signature of town clerk]
