#92773 v2 - WASH CO CP WORK PROGRAM
NMA
08/30/04
MULTI-JURISDICTIONAL COMPREHENSIVE PLAN FOR
WASHINGTON COUNTY AND LOCAL GOVERNMENT PARTNERS
WORK PROGRAM
FINAL DRAFT
Prepared by:
The Planning Division of the Washington County Planning and Parks Department
and
Southeastern Wisconsin Regional Planning Commission
August 30,2004
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FINAL DRAFT
TABLE OF CONTENTS
Section Page
I. Introduction 2
II. Background 4
III. Underlying Assumptions 5
IV. Preparation of Plans for Participating Local Governments 7
V. Committee Structure 9
VI. Report Format 10
VII. Schedule and Major Work Elements 11
VIII. Public Involvement 17
IX. Responsibilities of Washington County, Local Government Partners, and SEWRPC 19
X. Budget 22
XI. Plan Amendments 22
XII. Concluding Remarks 23
Attachments
A. Land Use and Master Plans Adopted by Washington County Communities 24
B. Development of Washington County Land Use Element Flow Chart ……………………………..25
C. Section 66.1001 of the Wisconsin Statutes 26
D. Section 16.965 of the Wisconsin Statutes 29
E. Summary of Inventory Data and Responsible Party 31
F. Summary of Work Plan and Schedule for the Multi-Jurisdictional Comprehensive Plan 34
G. Summary of Work Plan and Schedule for Comprehensive Plans for Local Government Partners 35
H. Multi-jurisdictional Planning Committee Structure 36
I. Budget.……………………………………………………………………………………………...37
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FINAL DRAFT
I. INTRODUCTION
In 1999, the Wisconsin Legislature enacted a new comprehensive planning law, which is set forth in Section 66.1001 of the Wisconsin Statutes. The new requirements supplement earlier provisions in the Statutes for the preparation of county development plans (Section 59.69(3) of the Statutes) and local master plans (Section 62.23 of the Statutes). The new requirements, which are often referred to as the “Smart Growth” law, provide a new framework for the development, adoption, and implementation of comprehensive plans in Wisconsin. The comprehensive planning law effectively requires that comprehensive plans be completed and adopted by the governing bodies of counties, cities, villages, and towns prior to January 1, 2010, in order for a County or local government to engage in zoning, subdivision control, or official mapping.
This work program has been prepared to detail a proposed multi-jurisdictional comprehensive planning process coordinated with Washington County, 13 local government partners, and the Southeastern Wisconsin Regional Planning Commission (SEWRPC). This proposed multi-jurisdictional process will result in a comprehensive plan that would satisfy the comprehensive planning requirements set forth in Section 66.1001 of the Statutes for the County and each local government partner, with the exception of the Village of Newburg, which will prepare a local plan as part of the Ozaukee County multi-jurisdictional planning process. Documents produced as part of the Washington County planning process will include a multi-jurisdictional County plan for adoption by Washington County and the Town of Germantown; local comprehensive plans prepared by SEWRPC for the Village of Kewaskum and the Towns of Addison, Barton, Erin, Farmington, Hartford, Kewaskum, Trenton, and Wayne; and a joint comprehensive plan to be prepared by the Town of Jackson and Village of Jackson, using information developed as part of this multi-jurisdictional planning process. The Village of Newburg, which is located partially in Ozaukee County and partially in Washington County, is participating with Ozaukee County to prepare its local comprehensive plan, but will participate in the development of the Washington County plan as well.
Following completion of the multi-jurisdictional plan, it will be forwarded to the County Board and the Germantown Town Board for adoption. Individual comprehensive plans will be prepared by SEWRPC for all local government partners except the Town of Jackson, Village of Jackson, and Village of Newburg. Local documents to be prepared by SEWRPC will be based on the multi-jurisdictional plan but tailored for each community.
County and local government participation in the multi-jurisdictional planning process is summarized on the following table:
Summary of County and Local Government Participation
In the Multi-Jurisdictional Comprehensive Plan
For Washington County
Unit of Goverment / Participate in Planning Processa / Adopt Multi-Jurisdictional Public Participation Plan or Modify and Adopt / AdoptMulti-Jurisdictional
Plan / Adopt Local Plan
Prepared by SEWRPCb / Adopt Local Plan Prepared by
Local Government
Town of Addison / X / X / X
Town of Barton / X / X / X
Town of Erin / X / X / X
Town of Farmington / X / X / X
Town of Germantown / X / X / X
Town of Hartford / X / X / X
Town of Jackson / X / X / X
Town of Kewaskum / X / X / X
Town of Trenton / X / X / X
Town of Wayne / X / X / X
Village of Jackson / X / X / X
Village of Kewaskum / X / X / X
Village of Newburg / X
Washington County / X / X / X
aIncludes participation on advisory committees and review and comment on draft plan chapters and other materials.
bLocal plan will be based on the multi-jurisdictional plan, but will be tailored to each community.
II. BACKGROUND
Although Washington County has not previously adopted a County development plan or a comprehensive plan, the County Board did adopt the 2020 regional land use and transportation elements of the regional master plan for Southeastern Wisconsin. The County Board also adopted an update to the County park and open space plan in March 2004, an update to the County jurisdictional highway system plan in 2002, and a farmland preservation plan in 1981 (amendment pending). In addition, all but two local governments in Washington County have adopted a land use or master plan under Section 62.23 of the Statutes. A list of local plans is provided in Attachment A. All of the plans listed have been adopted as a master plan under Section 62.23 of the Statutes. Four local governments are currently preparing local comprehensive plans under Section 66.1001 of the Statutes: the City of West Bend, the Villages of Germantown and Slinger, and the Town of Richfield.
The 1999 comprehensive planning law; the availability of year 2000 Census data and regional inventories of land use, environmental corridors, and urban growth; the pending update of the regional master plan and regional forecasts of population, households, and jobs; and the need to update local land use and master plans to comply with the Wisconsin comprehensive planning law provide a good opportunity for the preparation of a multi-jurisdictional comprehensive plan for Washington County.
A community workshop was sponsored by the County Planning, Conservation, and Parks Committee on October 15, 2003, to discuss comprehensive planning efforts at the regional, county, and local levels. The concept of preparing a multi-jurisdictional comprehensive plan as a cooperative effort among all interested local governments, Washington County, and SEWRPC was discussed at that meeting as an effective way to meet the State comprehensive planning requirements in an efficient and cost-effective manner. Local governments interested in working with the County and SEWRPC were asked to notify the County by the end of 2003. Ten towns and three villages have indicated a willingness to cooperate with Washington County in preparing a multi-jurisdictional comprehensive plan.
The County will apply for a 2005 comprehensive planning grant from the Wisconsin Department of Administration (WDOA) under Chapter Adm 48 of the Wisconsin Administrative Code to help fund preparation of the plan. The grant application will be submitted to the WDOA on or before November 1, 2004. The WDOA is expected to announce grant awards in early 2005.
Prior to applying for the comprehensive planning grant, Washington County and SEWRPC will sign a Cooperative Agreement with each local government partner. Each Agreement will be a formal commitment among the local government, Washington County, and SEWRPC to participate in a coordinated, multi-jurisdictional comprehensive planning effort. The Agreement will specify the roles and responsibilities of each party, based on the work program set forth in this document and the public participation plan. The Agreement will not take effect unless the County is awarded a comprehensive planning grant by the Wisconsin Department of Administration in 2005.
III. UNDERLYING ASSUMPTIONS
This work program for a multi-jurisdictional comprehensive plan for Washington County and local government partners is based on the following assumptions:
· The study area will include all of Washington County, although certain inventory information, analysis, and plan recommendations will be limited to local governments participating in the planning partnership.
· The plan will have a design year of 2035.
· Preparation of the plan will primarily involve an update and incorporation of existing town, village, and city land use, master, and comprehensive plans, together with the detailing and refinement of the regional land use and supporting infrastructure plans.
· As required by Section 59.69 (3) (b) of the Statutes, the comprehensive plan would incorporate land use, master, and comprehensive plans and official maps within municipal boundaries which have been formally adopted by cities and villages in the County.
· It is the County’s intent to also “incorporate” such existing plans and maps that have been previously adopted by towns. The Washington County Planning, Conservation and Parks Committee is authorized to determine if a Town’s Comprehensive Plan Land Use Element is in substantial agreement with the criteria described below and if determined to be in substantial agreement shall be incorporated into the Washington County Comprehensive Plan Land Use Element, as designed. Also, the Washington County Planning, Conservation and Parks Committee shall accept planned extraterritorial areas into the County comprehensive plan land use element that have been jointly designed as a single plan and approved by both the Town Board and the Common Council/Village Board of the respective town and city or village provided the plan is in substantial agreement with the criteria described below. The criteria to be used in determining the County’s acceptance of a Town’s Comprehensive Plan Land Use Element and extraterritorial area referred to above are the Objectives, Principles, and Standards as described in Chapter IV of the Regional Land Use Plan for Southeastern Wisconsin: 2020, dated December 1997. The process for determining if a Town’s Comprehensive Plan Land Use Element is in substantial agreement with the criteria and the County’s acceptance of that plan element is outlined in Attachment B.
· The “smart growth” law was a product of consensus between the various interest groups and professional organizations affected by land use decisions. Due to a lack of consensus on the legal relationship between the plans of various units of government, potential plan conflicts between jurisdictions were not addressed in the legislation. While all such plans—cities, villages, and towns—will be “incorporated” into the Washington County plan document to the extent practicable, it is recognized that Washington County, in preparing its plan and readying that plan for adoption by the County Board, may choose to disagree with one or more proposals included in a city, village, or town plan, with such disagreements relating to, for example, State mandated shoreland zoning requirements. Every effort will be made to discuss and resolve issues between Washington County and the cities, villages, and towns in the County. Where conflicts cannot be resolved, they will be documented in the intergovernmental cooperation element of the plan report. Washington County explicitly recognizes that cities, villages, and towns may choose, on certain matters and issues, to disagree with a position that the County may take. The County respects the rights of cities, villages, and towns to adopt plans that may, in some respects, differ from the County plan.
· The comprehensive plan will include each of the planning elements set forth in Section 66.1001 (2) of the Statutes (see Attachment C).
· The comprehensive plan will address each of the planning goals set forth in Section 16.965 (4) of the Statutes (see Attachment D).
· The County Board and the governing bodies of all participating local governments intend to adopt the multi-jurisdictional plan or a local plan based on the multi-jurisdictional plan by ordinance prior to the end of the 48-month grant period.
· Washington County will apply for a comprehensive planning grant from the Wisconsin Department of Administration to help cover the cost of developing the plan. The County and SEWRPC will provide the required grant match through in-kind services.
· Participating local governments will not be asked for any direct financial contribution for developing the plan other than the cost of printing and distributing local plan documents. The cost of in-kind services such as attendance at meetings, public notice, and review of draft plan chapters and other materials would be borne by each local government. Each local government would also pay the cost of developing materials to be included in the multi-jurisdictional or local plan document over and above the information listed in Attachment E.
· The multi-jurisdictional plan document and local plan documents will be compiled concurrently.
· Any participating local government that does not adopt the multi-jurisdictional plan or a local plan by the end of the grant period, or any local government that withdraws from the multi-jurisdictional planning effort after the grant agreement between the County and the Department of Administration has been signed, will be required to reimburse the County up to the full local government share of the grant award. The amount to be reimbursed will depend on the stage of the planning process at the time the local government withdraws from the process. The State will withhold the entire local government share of the grant award for any local government that fails to adopt the multi-jurisdictional plan or a local comprehensive plan that complies with Sections 66.1001 and 16.965 of the Statutes by the end of the grant period.
IV. PREPARATION OF PLANS FOR PARTICIPATING LOCAL GOVERNMENTS
Although the multi-jurisdictional planning document would contain sufficient detail to serve as a local comprehensive plan, all but one of the local government partners have expressed an interest in adopting a separate local comprehensive plan document that is tailored specifically to their community. SEWRPC is willing to produce such local plan documents for local government partners, with the understanding that local plan documents will be based on the information developed as part of the multi-jurisdictional planning process. The local government concerned would be responsible for paying the cost of preparing, printing, and distributing the local plan document, based on the cost of time and materials incurred by SEWRPC. Any supplementary information or materials that the local community would like included in the local plan would need to be developed by that community and provided to SEWRPC in a form that could be readily incorporated into a local document. An exception would be desired supplemental information identified early in the planning process that SEWRPC agrees to develop as part of the multi-jurisdictional planning process.