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Language for Initiative Petition
Below is the proposed ordinance circulated on a petition circulated by the Coalition for a Better Jefferson.
Language for Initiative Petition
[Adopt the Ordinance as Is or Refer to the Voters
Section XXXX, Municipal Land Acquisition Requirements. No lands in excess of 15 acres shall be acquired by the City through annexation, direct purchase or boundary adjustment agreement until the City shall have first conducted, and by resolution of the respective legislative body, approved and accepted the following:
1. Environmental Impact Statement.
a. Preparation and Contents. An Environmental Impact Statement (“EIS”) for the annexed land and such land within the City immediately abutting the acquired land shall have been conducted by the City or by a licensed professional engineer selected by the City from a competitive bid selection process as set forth in § 62.15, Wis. Stats. The EIS, when completed, shall follow the form and substance and shall contain the same information required of the State of Wisconsin as set forth in § 1.11, Wis. Stats.
b. Public Hearing Requirement. The EIS will be considered complete and approvable by the City for purposes of this section after at least one public hearing, or more as the City may determine to be necessary, is conducted within the City but in reasonable proximity to the lands to be annexed. Notice of this public hearing shall be given as a Class 2 notice described in § 985.07, Wis. Stats.
2. Traffic Impact Assessment. A Traffic Impact Assessment (“TIA”) shall have been conducted by the City or by a licensed professional engineer selected by the City from a competitive bid selection process as set forth in § 62.15, Wis. Stats. The TIA shall include, at a minimum:
a. Design Capacity The existing design capacity of all roads and highways within the lands to be annexed, together with roads and highways to a depth of 3,000’ within the City, abutting the lands to be annexed, to which such roads and highways are now, or will be, connected for access and traffic purposes;
b. Level of Service. The level of service (“LOS”) currently existing for the roads and highways described in paragraph 2.a. above, together with an estimated ten (10) year LOS improvement or degradation based on development in:
i. the following categories: industrial, commercial, residential, agricultural, mixed-use (e.g., residential/commercial/office/retail and dedicated green space);
ii. the existing zoning district in effect for the lands to be annexed and land within the City abutting the lands to be annexed for a distance of 3,000’ from the annexation line;
iii. proposed future uses and required public facilities through 2010 as shown on the City’s most recent comprehensive plan, or any amendment thereto.
c. Queuing Analysis. Traffic queues shall be studied to establish the maximum back of queue using the unsignalized Highway Capacity Software (“HCS”) analysis and the maximum back of queue using the signalized SIGNAL 2000 analysis for all highways and roadways that are part of an intersection with the lands to be annexed or the area of the City up to 3,000’ from the border of the lands to be annexed immediately abutting such the lands to be annexed.
d. Existing Traffic Conditions. An analysis of existing traffic data to be obtained from WISDOT, Jefferson County and the City of Jefferson Department of Public Works, shall be analyzed to determine and quantify existing traffic operating conditions within the lands to be annexed and within the City in an area 3,000’ from the annexation line on City lands abutting the lands to be annexed.
e. Infrastructure Remediation. The analysis shall be accompanied by recommendations for traffic infrastructure improvements including signalization, dedicated right and left turn lane extensions, phasing or changing of existing signalization, installation of medians, closure of existing driveways and road or highway widening or other modification as may be appropriate, and an estimated cost shall be determined as part of the infrastructure analysis required by paragraph 3.a. above.
3. Infrastructure Analysis.
a. Existing Facilities. An infrastructure analysis (“IA”) shall have been conducted by the City or by a licensed professional engineer selected by the City from a competitive bid selection process as set forth in § 62.15, Wis. Stats. The IA will assess traffic facilities and signalization, sanitary sewer lines, municipal water services, storm sewer lines and storm water management facilities within the lands to be annexed and in an area of 3,000’ within the area of the City that abuts upon the lands to be annexed, with respect to design capacity, quality of materials used in original construction, adequacy of mapping, history of breakdowns and related instances, repairs, estimated useful remaining life of all such infrastructure.
b. Facilities Extension. If any of the foregoing services do not exist, then the IA shall include a fiscal analysis of the cost required to extend such service(s) to the lands to be annexed from the City’s existing facilities and shall include the cost of acquiring any necessary right-of-way, cost of construction, and estimated hook-up charges per acre basis, and proposed methods of financing such improvements and recouping such costs on behalf of the City.
c. Public Hearing Requirement. The IA will be considered complete and approvable by the City for purposes of this section after at least one public hearing, or more as the City may determine to be necessary, is conducted, within the City but in reasonable proximity to the lands to be annexed. Notice of this public hearing shall be given as a Class 2 notice described in § 985.07, Wis. Stats.
4. Community Impact Statement. A Community Impact Statement (“CIS”) shall have been prepared, to appropriate professional standards, and shall evaluate the potential impact of the acquisition of the lands to be annexed on the City in general and the 3,000’ study area in the City that abuts the lands to be annexed and shall include the factors described below. The scope and detail of the CIS may be increased in the discretion of the City’s Director of Community Development or Planning.
a. Traffic and parking conditions on the lands to be annexed and on the surrounding area.
b. Municipal utilities and services including water supply, sewerage disposal, storm drains, police, fire protection, emergency services, schools and other City services in addition to the information developed by the IA required by paragraph 3.a. above.
c. The physical and ecological characteristics of the lands to be annexed and the surrounding area including wetlands, floodplain vegetation, wildlife habitat, and other environmental conditions.
d. The character of the lands to be annexed, within the surrounding area, including scenic, historic and archaeological conditions.
e. The economic impact of the lands to be annexed by the City on local businesses and residents, including any new jobs that will be added to the local economy, the amount of local labor to be used, the amount, type and location of potential development and the impact of changing land use patterns and the potential for development pressure on surrounding neighborhoods, particularly in the City.
5. Appeal to Circuit Court. Any person who is a resident of the lands to be annexed or the City may, within thirty (30) days after the approval of the EIS, TIA, the IA or the CIS, or any of them, by the City, appeal the approval determination of the City to the Circuit Court upon writ of certiorari or other appropriate writ or remedy.
6. Use of Consultants. The City shall not use consultants or accept reports as the City’s own information to the extent that such work has been paid for, contributed to, or financed by any person living within the City or within the lands to be annexed. All Consultants shall be selected by the City through the bid procedures set forth in § 62.15, Wis. Stats., or, in the event the Common Council specifically finds, by a 2/3 vote, that the information sought is so complex and technical and specialized in the particular area to be studied, the City shall select such consultant by means of a publicly distributed and publicly noticed Request For Proposals (“RFP”).
7. City’s Right of Recoupment.
a. Special Assessment. Nothing herein contained shall prohibit the City from collecting the cost of performing the studies contained in paragraphs 1 thru 4 by means of a special assessment levied against any properties developed on any lands to be annexed within a three (3) year period from the completion of the annexation process, provided, however, that the City shall first establish an assessment district within the lands to be annexed pursuant to § 66.0701, Wis. Stats.
b. Impact Fee. In the event the Common Council, by a 2/3 vote, determines that an assessment district cannot be created for reasons that it so states in its determinations, such costs shall be recoverable by a special, one time development impact fee collected by the City at the time of the issuance of any building permit for any property to be developed or constructed within the lands to be annexed.
8. If any section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of such ordinance.
9. This ordinance shall take effect and be in full force from and after its passage and publication.