ORDINANCE NO._4.07____
AN ORDINANCE OF THE TOWN OF BRIGHAM TO IMPOSE A TEMPORARY
DEVELOPMENT MORATORIUM IN THE TOWN OF BRIGHAM
WHEREAS, the Town Board finds it necessary to further
the general purpose of guiding and accomplishing coordinated, adjusted
and harmonious development in the Town of Brigham that will, in accordance
with current and future needs, best promote public health, safety, morals,
order, convenience, prosperity and the general welfare, as well as efficiency
and economy in the process of land development, to adopt a Comprehensive
Plan in accordance with Wis. Stats. § 66.1001; and
WHEREAS, Wis. Stats. § 66.1001 requires all local
government units to adopt a Comprehensive Plan in accordance with its
provisions by January 1, 2010; and
WHEREAS, the Town Board expects the process of adopting
a Comprehensive Plan according to Wis. Stats. § 66.1001 to take
at least one year; and WHEREAS, the Town finds that allowing certain
development activities within the Town prior to completion of the Comprehensive
Plan creates a substantial risk that the lands within the Town would
develop contrary to the final Comprehensive Plan for the Town, thereby
frustrating the very purpose of the preparation of the Comprehensive
Plan; and
WHEREAS, the Town Board further finds that a temporary
moratorium on certain development activities within the Town imposed
during completion of the Comprehensive Plan will not adversely affect
property values within the Town and will convey a reciprocity of benefits
to all properties within the Town by insuring all future development
is consistent with the Comprehensive Plan;
NOW THEREFORE, the Town Board of Supervisors of the Town
of Brigham does hereby ordain as follows:
1. Land divisions are permitted allowing current property
owners to develop up to two total residential building sites in all
lands owned by such current property owners, in accordance with existing
Town policies. To the extent necessary, rezonings are permitted to implement
the permitted land divisions set forth herein. Single family accessory
buildings, farm buildings and the replacement of buildings destroyed
to fire or other natural disaster are also permitted.
2. No land divisions, other than as set forth in Section
1 of this Ordinance, and no subdivisions shall be permitted, no rezonings
other than as set forth in Section 1 of this Ordinance, shall be approved,
and no condominium developments shall be permitted resulting in more
than two residential dwelling units in accordance with the provisions
of Section 1 of this Ordinance.
3. No conditional use or variance requests shall be approved,
other than to implement development permitted under Section 1 of this
Ordinance, and no other land development activities shall occur, for
the period of time this moratorium is effective, other than government,
road or utility projects.
4. The moratorium in Sections 2 and 3 of this Ordinance
shall be effective for a period of one year from the date of adoption
of this Ordinance, except as follows:
(a) The Town Board shall repeal the moratorium at an earlier
date if and when all required steps have been completed for the adoption
of the Comprehensive Plan.
(b) In the event that the Comprehensive Plan has not been
adopted at the end of the one year period from the date of adoption
of this Ordinance, the Town Board shall receive a status report from
the Plan Commission specifying the estimated additional period of time
necessary for completion and adoption of the Comprehensive Plan. The
Town Board may (i) accept the Plan Commission timeline and extend the
moratorium for the estimated additional period of time; (ii) reject
the timeline and repeal the moratorium; or (iii) adopt a shortened timeline
for completion and adoption of the Comprehensive Plan.
(c) In no event may the moratorium be effective for more
than a period of 18 months.
The above and foregoing Ordinance was duly adopted at
a regular meeting of the Town Board of the Town of Brigham on the 25th
day of May, 2006.
TOWN OF BRIGHAM
___________________________
Dale Theobald, Town Chairperson
___________________________
Rita Zander, Supervisor
___________________________
Doug Reeson, Supervisor
ATTEST: Audrey Rue, Town Clerk
VOTE: Ayes: 3 Published: June 8, 2006
Noes: 0 Adopted: June 9, 2006
Adopted by Town Board 5/25/2006
Published 6/8/2006
Effective 6/9/2006