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-.Parcel 032-2004-90-100 01/26/2007 05:17 PM
> PAGE 1 OF 1
Alt. Parcel 1.30.19.480B 032 - TOWN OF SOMERSET
Current X ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type
00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O - EDWALL, JOSEPH R & VICKI L
JOSEPH R & VICKI L EDWALL
1768 85TH ST
NEW RICHMOND WI 54017
Districts: SC = School SP = Special Property Address(es): * = Primary
Type Dist # Description * 1768 85TH ST
SC 5432 SOMERSET
SP 1700 WITC
Legal Description: Acres: 3.000 Plat: N/A-NOT AVAILABLE
SEC 1 T30N R19W SE NW LOT 1 OF CSM Block/Condo Bldg:
6/1530
Tract(s): (Sec-Twn-Rng 401/4 1601/4)
01-30N-19W
Notes: Parcel History:
Date Doc # Vol/Page Type
02/27/2003 711387 2156/371 QC
1044/607 WD
714/114 W
2006 SUMMARY Bill Fair Market Value: Assessed with:
145846 288,600
Valuations: Last Changed: 07/24/2003
Description Class Acres Land Improve Total State Reason
RESIDENTIAL G1 3.000 48,000 170,900 218,900 NO
Totals for 2006:
General Property 3.000 48,000 170,900 218,900
Woodland 0.000 0 0
Totals for 2005:
General Property 3.000 48,000 170,900 218,900
Woodland 0.000 0 0
Lottery Credit: Claim Count: 1 Certification Date: Batch 104
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Form-STC- 104
AS BUILT SANITARY SYSTEM REPORT
OWNER SEC. / T 3C~ N-R / W
C22~,f-_ TOWNSHIP Sc
w v y, a. k)
ADDRESS rA a 3 6 Mq-r~ ST. CROIX COUNTY, WISCONSIN
SUBDIVISION ,tom'/ y LOT LOT SIZE 6~
PLAN VIEW
Distances and dimensions to meet requirements of IL11R 83
SHOW EVERYTHING WITHIN 100 FEET OF SYSTEM
.I
/ou
_ _ _ _ _ - - o 000 .
000
IC- 7-~
M
i~
I
INDICATE NORTH ARROW
BENCHMARK: Describe the vertical reference point used /~~~C f~fi'cr
Elevation of vertical reference point: /19 0 ' Proposed slope at site: "-h_
~0 B~ FYI -04 ~
SEPTIC TANK: Manufacture(d') ~ e f l .S Liquid Capacity:( G~J ~000ani
Number of rings used: Tank manhole cover elevation: `z- j/
Tank Inlet Elevation eA 7 Tank Outlet Elevation:
Number of feet from nearest Road: Front,0 Side0 Rear, O Te) feet
From nearest property line Front 10Side ,0Rear, 0 Z feet
Number of feet from: well ) building:
(Include this information of the Above plot plan)( 2 reference dimensions to septic tank)
SEE REVERSE SIDE
PUMP CHAMBER
Manufacturer: Liquid Capacity:
Pump Model: Pump/Siphon Manufacturer: Pump Size
Elevation of inlet: Bottom of tank elevation:
Pump off switch elevation: Gallons per cycle:
Alarm Manufa urer: Alarm Switch Type:
Number o feet from nearest property line: Front, O Side, O Rear, Ft.
Number of feet from well:
j Number of feet from building:
(Include distances on plot plan).
SOIL ABSORPTION SYSTEM
Bed: Trench:
Width: <<j Length: 661' Number of Lines: Area Built: ,Z 6-
Fill depth to top of pipe: ~Z ?_0
Number of feet from nearest property line: Front, Side, O Rear,0 Ft .7`-G1
Number of feet from well: -./DVA
Number of feet from building:
(Include distances on plot plan).
SEEPAGE PIT
Size: Number of pits: Diameter:
Liquid depth: Bottom of seepage pit elevation:
Area Built:
Has eithe a drop box O or distribution box O been used on any of the above soil
absorb on sytems? (Check one).
HOL ING TANK
Manufacturer: Capacity:
Number of rings used: Elevation of bottom of tank:
Elevation of inlet:
Number of feet rom nearest property line: Front, O Side, O Rear, O Ft.
/ Number of feet from well:
Number of feet from building:
Number of feet from nearest road:
Alarm Manufacturer:
Inspector:
Dated: Plumber on job: r' ~~!V
License Number. ✓ 'r~ 4th
3/84:mj
DEPARTMENT OF INDUSTRY, INSPECTION REPORT FOR 71AFETY & BUILDINGS
LABOR & HUMAN RELATIONS PRIVATE SEWAGE SYSTEMS DIVISION
P.O. BO'C 7969 f BUREAU OF PLUMBING
MADISON, W1 53707
XNkONVENTIONAL ALTERNATIVE Is'-Planl.D.N-ber
V III` assigned)
r Holding Tank ❑ In-Ground Pressure ❑ Mound
NAME OF PERMIT HOLDER. ADDRESS OF PERMIT HOLDER. . SP CTION DATE
WI Group Homes-Roland Thompso M236 Man St. Marshfield, WI 55549
BENCH MARK (Pe-ane,T ref-a,,- poi m DESCRIBE IF DIFFERENT FROM PI. AN IREF. PT. ELEV.. CST REF. PT. ELEV.
SE NW, Section 1, T30N-R19W, Town of Somerset
~NamP of Plumber JMP/MPRSW Np.. Cou~n y. - -rS--, Pa,„,n No mnP,~
!Gary L. Steel 3254 ST. Croix j 64932
SEPTIC TANK/HOLDING TANK:
MANUFACTURER. LIQUID CAPACITY. TANK INLET ELEV. TANK f LET ELEV.: WARNING LABEL JLOCKING COVER
2 P IDED PROVIDED
" _q - IUD D O YES ENO EYES NO "1 2 BEDDING. VENT DI VENT MATL. HIGH WATER INEET O I DPROPERT 16-
JBUILDINGVENTT RFSH
t _~..F
ALARM FROM LINf C AEYES
NO EYES NO EAREST DOSING C
HAMBER:
MANUFACTURER BE DD ING. LIQUID CAPACITY PUMP MODEL PUMP/SIPHON MANUFACTURER WARNING LABEL LOCKING COVER
PROVIDED: PROVIDED: I
EYES ENO EYES ENO EYES ENO I
GALLONS PER CYCLE: PUMP AND CONTROLS OPERATIONAL. NUMBER OF PROPERTY WELL BUILDING VENT TO FRESH
(DIFFERENCE BETWEEN FEET FROM LINE AIR INLET
PUMP ON AND OFF) EYES NO NEAREST
SOIL ABSORPTION SYSTEM. Check the soil moisture at the depth of plowing v~; Tl DIAMETEH MATERIAL AND MARKING
or excavation. (If soil can be rolled into a wire, construction shall cease until FORCE
the soil is dry enough to continue.) MAIN
CONVENTIONAL SYSTEM:
BED/TRENCH WIDTH rr~~ LENGTH N0 OFHES. DISTR. Pi SPACING; COVER iA-, - INSIDE DIA #PITS LIQUID DEPTH
DIMENSIONS _ P.T
1GRAVEL DEPTH :FILL DEP H DISTR PIPE DISTR PIPE DISTR. PIPE MATERIAL. NO. DI TR. NUMBER OF PROPERTY WELL. BUILDING: VENT TO FRESH
BFI OW PIP S ARC VE COVER E V. INLET E E ENO, PIPES FEET FROM LINE. ~61 AIR INLET
1 3 NEAREST
MOUND SYSTEM:
Mound site plowed perpendicular to slope Check the texture of the fill material for PROVIDE A DIAGRAM OFSYSTEM
and furrows thrown upslope: mound systems to make certain that it ON REVERSE SIDE. SHOW ELEVA-
meets the criteria for medium sand. TIONS MEASURED.
EYES NO
ISOIL COVER TEXTURE PERMANENT MARKERS OBSERVATION WELLS
EYES ON EYES ENO
DEPTH OVER TRENCH BED DEPTH OVER TRENCH BED DEPTH OF TOPSOIL. SODDED SEEDED MULCHED
cFNTEH EDGES E EYES ENO
YES E NO EYES ENO
PRESSURIZED DISTRIBUTION SYSTEM:
WIDTH. LE NGTH NO.OF LATERAL SPACING. GRAVEL DEPTH BELOW PIPE. FILL DEPTH ABOVE COVER
BED/TRENCH TRENCHES
DIMENSIONS
MANIFOLD PUMP MANIFOLD DISTR. PIPE MANIFOLD MATERIAL. NO. DISTR DISTR. PIPE DISTRIBUTION PIPE MATERIAL & MARKING
ELEV. ELEV. DIA. ELEV.. PIPES DIA.
ELEVATION AND
DISTRIBUTION
I INFORMATION HOLE SIZE HOLE SPACING DRILLED CORRECTLY COVER MATERIAL I PEANSCAL LIFT CORRESPONDS TO APPROVED
a
EYES ENO I EYES ENO
COMMENTS: PERMANENT MARKERS: JOBSERVATION WELLS: NUMBER OF PROPERTY WELL. BUILDING.
FEET FROM LINE
ta~t'~ ❑ YES ❑ O ❑ YES ❑ NO NEAREST
Sketch System on Retain in county file for audit.
Reverse Side.
SIGNATURE. TITLE
DILHR SBD 6710 (R. 01/82)
wisconsin APPLICATION FOR SANITARY PERMIT
r DILH R .~r COUNTY
(PLB 67)
OEPRRTrT
1EnT OF UNIFORM SANITARY PERMIT #
InOUSTRV,LgBOR&"UmRn RELRTIOnS 117
17
t 4I
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-Attach complete plans in accord with s. H 63.05 as. Adm. Code for the system, on paper not less than 8/2x 11 inches in size.
-See reverse side for instructions for completing tvs application. PLEASE PRINT
PROPERTY OWNER ( ~Irr►-i ~~7y~~t~f~•1 MAILING ADDRESS
PR
5 E_ OPERTY LOCATION CTTY:
1/4 01/4, S , TL,' N, R ~(or) W TOWN OF: L~C tS64,
LOT NUMBER BLOCK NUMBER SUBDIVISION NAME NEARES ROAD, AKE OR LANDMARK STATE PLAN I.D. NUMBER
}
l~- /V
TYPE OF BUILDING OR USE SERVED
X, 1 or 2 Family Number of Bedrooms. ❑ Public (Specify):
THIS PERMIT IS FOR A:
XNew System ❑ Tank Replacement ❑ Repair
❑ Replacement Soil Absorption System ❑ Revision ❑ Privy
❑ Alternate System ❑ Reconnection ❑ Petition for Modification
IF THIS IS A CONVENTIONAL SYSTEM COMPLETE THIS BLOCK.
❑ Seepage Bed t6-Seepage Trench ❑ Seepage Pit ❑ Holding Tank
System-In-Fill ❑ In-Ground Pressure ❑ Vault Privy ❑ Pit Privy
❑ Existing, For Which A Previous Permit Is On File, Permit # issued-
El An Existing System That Has Been Inspected And Is Compliant As Far As Soil Conditions.
Total # of Prefab. Site Steel Fiberglass Plastic
Gallons Tanks Concrete Constructed
Septic Tank Capacity A 41110
Lift Pump Tank/Siphon Chamber
Holding Tank capacity
manufacturer:
IF THIS IS AN ALTERNATIVE SYSTEM COMPLETE THIS BLOCK: ❑ Mound ❑ In-Ground Pressure
Total # of Prefab. Site Steel Fiberglass Plastic
Gallons Tanks Concrete Constructed
Septic Tank Capacity
Lift Pump/Siphon Chamber
Manufacturer:
PERCOLATION RATE ABSORPTION AREA ABSORPTION AREA WATER SUPPLY:
(Minutes per inch): REQUIRED (Square Feet): PROPOSED (Square Feet):
Z-~e Q Private L:1 Joint ❑ Public
I, the undersigned, hereby assume responsibility for installatio of the private sewage system shown on the attached plans.
Nan Plumber (Print): Signature: /MPRSW No.: Phone Number:
Plumber's Addr s: Name of Designer:
od It. - I
COUNTY/DEPARTMENT USE ONLY
:Signatur of Issuing Agent: Fee: Date:
❑ Disapproved
e -V(t - x!~ ❑ Owner Given Initial
JJ Approved Adverse Determination
Reason for Disapproval:
i
Alternate course(s) of Action Available:
DILHR-SBD-6398 (R. 5/82) DISTRIBUTION: Original to County, One Copy To; Bureau of Plumbing, Owner, Plumber
y ,
INSTRUCTIONS FOR COMPLETING THIS PERMIT APPLICATION, PLB 67 -'SBD 6398
To be complete and accurate the permit application must include:
1. Property owner's name and complete legal description, please circle the appropriate municipal government unit, (whether this is in
a city, village or town);
2. Indicate specifically what type of use is served, if public is checked indicate type of use (i.e. 10 unit apartment, 30 seat restaurant,
etc.) ;
3. Complete the block for conventional or alternate system depending on system type, check all appropriate boxes or blanks.
4. Indicate the design percolation rate listed on the 115 soil test report, the number of square feet required by code and the number of
square feet to be installed;
5. Complete the section on water supply;
6. PRINT the name of the master plumber or master plumber restricted who will install the system, circle the appropriate license classi-
fication, place your license number in the space provided and sign the permit in the signature block;
7. Please place the plumbers business phone number in the blank provided, if there is a problem or question this will speed review of the
permit;
8. Change of ownership or plumber requires a Sanitary Permit Transfer Form (67-T) to be submitted to the county prior to installation.
Failure to comply will void the sanitary permit.
9. This permit may be renewed, and at the time of renewal any new criteria in the Wis. Adm. Code will be applicable.
10. A new permit will be needed if there is a change in, estimated wastewater flow, (number of bedrooms, etc.), location of the system,
depth of the system, type of system.
11. All revisions to this permit must be approved by the permit issuing authority.
12. A complete plan including a plot plan, drawn to scale or with complete dimensions.
13. Horizontal and vertical elevation reference points that are permanent and clearly shown.
14. Piping detail including pipe size, separating distances, distances between beds if appropriate, tank locations, effluent line from tank(s)
to system, building sewer and vent observation pipe(s).
15. The permit issuing agent may require a cross section drawing of the effluent disposal system.
TO THE OWNER: This is valid for two years. Changes in your building plans or locations may require you to obtain a new permit. Private sewage systems
must be properly maintained. Have a licensed pumper clean your septic tank whenever necessary usually every 2 to 3 years. If you have questions concerning
your system, contact your local code administrator or the Bureau of Plumbing, DILHR, State of Wisconsin.
DEPARTMENT OF REPORT ON SOIL BORINGS AND SAFETY & BUILDINGS
INDUSTRY, DIVISION
LABOR BOX HUMAN NDLATIONS PERCOLATION TESTS (115) MADISON WI 539069
(H63.09(1) & Chapter 145.045)
h
LOCATION: ITION. TOWNS HIP/MtfitttCtP7!rnTY: LOT NO.:BLK. NO.: SUBDIVISION NAME:
C '/a 6114 J?b N/R~/X (or) W ~1 NA
CO NTY: BUYER' NAME: D/A"Ct MAILING ADDRESS:
I P 6 0l7 0-1'* J`c7
121 - 1&121~h 919 12-4 USE DATES OBSERVATIONS MADE 11
19 1 NO. BEDRMS.: COMMERCIAL DESCRIPTION: I~I'' PROFILE DESCRIPTIONS: IPERCO _LATION TESTS:
Residence r_ Kuyew ❑Replace p LL
RATING: S= Site suitable for system U= Site unsuitable for system
CONVENTIONAL: MOUND: IN-GROUND-PRESSURE: SYSTEM-IN-FILL HOLDING TANK: RECOMMENDED SYSTEM: (optional)
S ❑U$ ❑u S ❑U U S U❑ S
'if Percolation Tests are NOT required 'DESIGN RATE: If any portion of the tested area is in the
under s.H63.09(5)(b), indicate: Floodplain, indicate Floodplain elevation:
~ 511n,4, PROFILE DESCRIPTIONS .Z'7
BORING TOTAL DEPTH TO GROUNDWATER-INCHES CHARACTER OF OIL ITH THICKNESS, COLOR, TEXTURE, AND DEPTH
NUMBER ELEVATION OBSERVED EST. HIGHEST TO BEDROCK IF OBSERVED (SEE ABBRV. ON BACK.)
B-y S C, f In L s
B- g>_ 64 1 Ai C5 13
~ ze B- _3 A)b tic, IL
6~ / S 3 7
B- p
F~S1►n!~ PERCOLATION TESTS
TEST DEPTH WATER IN HOLE TEST TIME DROP IN WATER LEVEL-INCHES RATE MINUTES
NUMBER lr+e1ES AFTERSWELLING INTERVAL-MIN. PERIOD 1 PERIOD 2 PERIOD 3 PER INCH
P- to z._ 3 3 .J"
30 G Y ZZ .2,
P- o E 130 Z zo
P-
P-
L
PLOT PLAN: Show locations of percolation tests, soil borings and the dimensions of suitable soil areas. Indicate scale or distances. Describe what are the hori-
zontal and vertical elevation reference points and show their location on the plot plan. Show the surface elevation at all borings and the direction and percent
of land slope.
SYSTEM ELEVATION
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I, the undersigned, hereby certify that the soil tests reported on this form were made by me in accord with the procedures and methods specified in the Wisconsin
Administrative Code, and that the data recorded and the location of the tests are correct to the best of my knowledge and belief.
~i
`i NAME (pri TESTS WERE COMPLETED ON:
C Z-0
it ADDRESS: CERTIFICATION NUMBER: PHONE NUMBER (optional):
CST SIGNATU
DISTRIBUTION: Original and one copy to Local Authority, Property Owner and Soil Tester.
DILHR-SBD-6395 (R. 02/82) OVER
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APPLICATION FOR SANITARY PERMIT
STC - 100
This application form is to be completed in full and signed by the owner(s) of the
property being developed. Any inadequacies will only result in delays of the permit
issuance. Should this development be intended for resale by owner/contractor,("spec
house"), then a second form should be retained and completed when the property is
sold and submitted to this office with the appropriate deed recording.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Owner of Property L2 L,,r e Z~ 4~
Location of Property' & 1,[L14, Section l , T N - R W
Township .a.=
Mailing Address
ta2
Subdivision Name 1`-
Lot Number ~ ~ t-l-,
Previous Owner of Property
Total Size of Parcel 3 -
-c-Date Parcel was Created 61 I - 2"
Are all corners and lot lines identifiable? Yes No Y
Is this property being developed for resale (spec house) ? Yes No
Volume and Page Number 1---~--- as recorded with the Register of Deeds
INCLUDE WITH THIS APPLICATION ONE OF THE FOLLOWING:
1. Warranty Deed
2. Land Contract .~3.• Other recordings filed with the Register of Deeds Office
In addition, a certified survey, if available, would be helpful so as to avoid delays
of the reviewing process. If the deed description references to a Certified Survey
Map, the the Certified Survey Map shall also be required.
PROPERTY OWNER CERTIFICATION
I (We) eenti.6y that att 6tatement6 on .thiA 6onm ahe true to the befit o6 my (our)
knowledge; that 1 (we) am ( ahe ) the owner (6 ) o A the pnopeA ty dee cAibed in th,i,6
in6o4mati,on 6o4m, by vi tue o6 a wa4-a.nty deed neeonded in the 066ice o6 the
County Reg-i.e.ten. o6 Deedb ab Document No. 41 dZ ; and that I (we)
p4e6entty own the p4opoded 4 to bon the bewage podE-eydtem (on 1 (we) have
obtained an eaeement, to nun with the above dedeh,i.bed pnopehty, bon the
conb.tAucti.on o6 eai.d,6y6tem, and the bame hab been duty neeonded in the 066ice
/0 6_ the County Reg ' o6 Deed.6, as Document No. ) .
SIGNATURE 0 OWNER SIGNATURE OF CO-OWNER (IF APPLICABLE)
DATE SIGNED DATE SIGNED
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ST C- 105 r
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SEPTIC TANK MAINTENANCE AGREEMENT o
St. Croix County z
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OWNER/BUYER
C I
ROUTE/BOX NUMBER I'nc? ,3~(o Fire Number
~;9^^,,~)
CITY/ STATE "ZIP
PROPERTY LOCATION- 14, Section 1 T v N, R _W,
Town of J 0-ry-? St. Croix County,
Subdivision Lot number
I
I
Improper use and maintenance of your septic system could result in I
its premature failure to handle wastes. Proper maintenance con-
sists of pumping out the septic tank every three years or sooner,
if needed, by a licensed septic tank pumper. What you put into
the system can affect the function of the septic tank as a treat-
ment stage in the waste disposal system.
St. Croix.County residents may be eligible to receive a grant for
a maximum of 60% of the cost of replacement of a failing system,
which was in operation prior to July 1, 1978. St. Croix County
accepted this program in August of 1980, with the requirement that
owners of all new systems agree to keep their systems properly
maintained.
The property owner agrees to submit to St. Croix County Zoning a
certification form, signed by the owner and by a master plumber,
journeyman plumber, restricted plumber or a licensed pumper veri-
fying that (1) the on-site wastewater disposal system is in proper
operating condition and (2) after inspection and pumping (if nec-
essary), the septic tank is less than 1/3 full of sludge and scum.
Certification form will be sent approximately 30 days prior to H
three year expiration. °
E
I/WE, the undersigned, have read the above requirements and agree
to maintain the private sewage disposal system in accordance with
the standards set forth, herein, as set by the Wisconsin Depart-
ment of Natural Resources. Certification form must be completed
and returned to the St. Croix County 'boning Office within 30 days
of the three year expiration date.
SIGNED
DATE J~~e;
St. Croix County Zoning Office
P.O. Box 98-
Hammond, WI 54015
715-796-2239 or 715-425-8363
Sign, date and return to above address.
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CHAPTER 205, LAWS OF 1977
INTENDED PURPOSE AND SCOPE
F.FFECI'IVE DATE: rJARCH 28, 1978
The provisions of this law set forth certain rights anti responsibilities for
social agencies and organizations in the development of Community Living
Arrangements (CLAs) in residential areas, and for local units of government
in their control of CLAs. Facilities incorporated in the definition of CLAs
are group homes for children (5 to 8) under s.48.02(7m); child welfare agencies
(residential facilities) under s.48.60; Community Based Residential Facilities
(CBRF) (for 3 or more adults) under s.50.01 and non-traditional foster homes,
such as one staffed by paid personnel, licensed for four (4) or fewer children
under 48.62(1). Not included in the definition are traditional foster homes
for children, day care centers, nursing homes, general hospitals, special
hospitals, prisons and jails.
The provisions of this law apply uniformly to all major social service
disciplines, i.e., Children's Services, Mental Health, Developmental
Disabilities, Alcoholism and Other Drug Abuse, Corrections (for persons on
probation or parole), and the Aging. Agencies and organizations representing
these interest groups may establish licensed CLAs (for 8 or fewer persons)
in any residential zone without prior zoning approval from the local community.
However, they must continue to meet the same building and housing ordinances
as similar residences located in the area in which the facility is located.
Equally important provisions of the law guarantee certain rights and respon-
sibilities for communities. They are the annual review option of the local
unit of government, and a detailed complaint procedure. These two (2) features
will have a long term affect of strengthening the administration, supervision
and physical maintenance of facilities by allowing local units of government
to close facilities (after the first year of operation) which do not take these
responsibilities seriously.
Additional features of the law include the protection of communities against
over-concentration of facilities in their more vulnerable areas through the
application of a spacing requirement between facilities, and, the promotion
of a "fair share" concept of distributing facilities among communities through
the application of a density limitation for each community.
For additional information, please contact: Michael A. Peters, Chief
CBRF Licensing Section
Office of Regulation and Licensing
STATE OF WISCONSIN 1 West Wilson Street, Room 420
DEPARTMENT OF HEALTH Madison, WI 53702
AND SOCIAL SERVICES
Phone: 608-266-5808
LEE SMOOK
REGULATORY SPECIALIST
DIRECT SERVICE & REGULATION SECTION
DIVISION OF COMMUNITY SERVICES
WESTERN REGIONAL OFFICE
P.O. BOX 226. 718 W. CLAIREMONT AVENUE
EAU CLAIRE., 11 54701 17151 836-4763
A BRIEF OVERVIEW OF THE MAJOR PROVISIONS
OF CHAPTER 205, LAWS OF 1977
EFFECTIVE DATE: MARCH 28, 1978
1. Community Living Arrangements (CLAs) for 8 or fewer persons are a permitted
use for the purposes of any deed covenant which limits the use of the
property to single family or 2-family residences. This same provision
applies to CLAs for 15 or fewer persons in areas for 3 or more families.
2. Complaints regarding the administration, supervision or maintenance of
a CLA may be lodged by any individual or organization with the CLA admin-
istrator, the County Department of Social Service, or the Department of
Health and Social Services. These agencies and individuals are mandated
to investigate complaints and to attempt to resolve them.
3. CLAs established after March 28, 1978 must be at least 2,500 feet from
any existing CLAs, (or any lesser distance established by local ordinance).
4. The total capacity of CLAs in a community cannot exceed 25 or one percent (11'1)
of the community's population, whichever is greater. These same limitations
apply to aldermani.c districts in Ist, 2nd, 3rd, and 4th class cities.
5. Traditional foster homes for 4 or fewer children are a permitted use in all
residential areas and are not subject to the spacing and density requirements
in number 3 and 4 above.
6. CLAs licensed for 8 or fewer persons being served by the program (i.e. placed
for treatment, rehabilitative, training, and/or supervisory purposes) are
entitled to locate in any residential zone without being required to obtain
special zoning permission.
7 CLAs licensed for 9 to 15 persons being served by the program are entitled to
locate in residential areas zoned for 3 or more families without being
required to obtain special zoning permission.
8. CLAs lic=ensed for 16 or more persons being served by the program are entitled
to apply for special zoning permission to locate in residential areas.
9. Between the 11th and 13th month of operation, and annually thereafter, a local
unit of government may make an annual determination as to the effect of a CLA
on the health, safety or welfare of the area residents. Any order by a local
unit of government to close a CLA is subject to judicial review which inherently
implies the need for ob_lective, documented reasons for closing a CLA.
1.0. CLAs established prior to March 28, 1978 will remain under the conditions
and provisions set forth by the local community at the time it granted
special zoning permission to the CLA. Such CLAs are not subject to the
2,500 feet spacing requirement. However, the total number of persons served
by them is included in the density requirement of 25 or 1% of the community's
copulation, whichever is greater.
11. The Attorney General is authorized to take all necessary action, upon
request of the Department of Health and Social Services, to enforce
compliance with Chapter 205.
s
' r
STATE OF WISCONSIN
1977 Assembly Bill 383 Date published': March 27, 1978
CHAP,rER 205 , I,A` S OF 1977
AN ACT to renumber 48.68; to amend 48.67 (3), 50.03 (4) (a) i and 62.23 (7a); and to create 46.03
(22), 48.02 (7m), 48.68 (2) and (3), 48.745, 50.03 (2) (d), (3) (e) and (4) (a) 3, 59.97 (15).
60.74 (9) and 62.23 (7) (i) of the statutes, relating to effects of zoning and (iced covenants on
community living arrangements.
The People of the state of Wisconsin, represented in senate and assembly, do enact as follows:
1. Legislative Purpose-----SECTION I. Legislative purpose. The legislature finds that the language of statutes relating to
zoning codes should be updated to take into consideration the present emphasis on preventing or
reducing institutionalization and legislative and judicial mandates to provide treatment in the least
restrictive setting appropriate to the needs of the individual. This change in emphasis has occurred as
the result of recent advances in corrections, mental health and social service programs. It is the
legislature's intent to promote public health, safety and welfare by enabling persons who otherwise
would be institutionalized to live in normal residential settings, thus hastening their return to their our.
home by providing them with the supervision they need without the expense and structured environment
of institutional living. To maximize its rehabilitative potential, a community living arrangement should
be located in a residential area which does not include numerous other such facilities. The residents of
the facilities should be able to live in a manner similar to the other residents of the area. The legislature
finds that zoning ordinances should not be used to bar all community living arrangerr.;nts since these
arrangements resemble families in all senses of the word except for the fac; that the residents might not
be related. The legislature also finds that deed covenants which restrict or prohibit the use of property
for community living arrangements are contrary to the vital governmental purpose of achieving these
goals. The legislature believes these matters of statewide concern can be.acnieved only by establishing
criteria which restrict the density of community living arrangements while limiting the types of and
cumber of facilities which can exist in residential neighborhoods having an appropriate atmosphere for
the residents, thereby preserving the established character of a neighborhood and community.
SECTION 2. 46.03 (22) of the statutes is created to read:
2. Definition of.-----------46.03 (22) Cov-MUNITY LIVING ARRANGEMENTS. (a) "Conm,,unity living arrangement" means
Community Living any of the following facilities licensed or operated, or permitted under the authority of the department:
Arrangement child welfare agencies under s. 48.60, group foster homes for children under s. 48.02 (7m) and
community-based residential facilities under s. 50.01; but does not include day care centers, nursing
homes, general hospitals, special hospitals, prisons and jails.
Application of Local---- (b) Community living arrangements shall be subject to the sannc building and housing ordinances,
Building/Housing Codes odes and regulations of the municipality or county as similar residences located in the area in +t hich the
facility is located.
4. CLA Data and Departmental(() The department shall designate a subunit to keep records and supply information on
Coordination of------community living arrangements under ss. 59.97 (15) (f), 60.74 (9) (f) and 62.23 (7) (i) 6. The
Complaint Investiga- subunit shall be responsible for receiving all complaints regarding community living arrangements and
tions for coordinating all necessary investigatory and disciplinary actions under the laws of this state and
under the rules of the department relating to the licensing of community living arrangements.
5. Deed Covenants---------- (d) A community living arrangement with a capacity for 8 or fewer persons shall be a permissible
use for purposes of any deed covenant which limits use of property to single-family or 2-family
residences. A community living arrangement with a eapacit) for 15 or fewer persons shall be a
permissible use for purposes of any deed covenant which limits use of property to more than 2-family
residences. Covenants in deeds which expressly prohibit use of property for community living
arrangenncnis are void as against public policy.
* Section 990 05, 1975 Wisconsin Statutes: t.n"s and acts; time of going into force. "Lvcr~ law or act Hhich does not
e\pressl) preser ibc the time it takes effect shall take effect on the dap after its publication."
1
1977 As~a-mbly 1011 383
6. Inspection of CLAs---- (c) If a community living arrangement is required to obtain special zoning permission, as defined
Required to Obtain to s. >9.97 (15) (g), the department shall, at the request of the unit of government responsible for
Special Zoning "ranting the special zoning permission, inspect the proposed facility and review the program proposed
Permission for the facility. After'such inspection and review, the department shall transmit to the unit of
government responsible fur granting the special zoning permission a statement that the proposed facility
and its proposed program have been examined and are either approved or disapproved by the
department.
SFC LION 3. 48.02 (7m) of the statutes is crcated to read:
7. Group Home Defined-----t8.0I (7m) "Group foster home" means any facility operated by a person required to be licensed
by the departnicnt under s. 48.62 for the care and maintenance of 5 to 8 foster children.
SEC I-ION 4. 48.67 (3) of the statutes is amended to read:
8. CLA Recordkeeping-----48.67 (3) The department shall prescribe the form and content of records to be kept and
and Reporting of information to be reported by persons licensed by it. (b'Id ticlf tie; ;~nti_4s.ii_nd~roup_f~~sl~[ h~ini.4s clt;tii
Complaints f~jjo[3_tJ)s)n__iVj-)liS,ition?.ISrL[oo4 10.1.t?~.~ltet153ir4..~1(l.(~Ulli!)..4'~tnlPhllnl~ rdk;lr.<iiflL.lh4ir hp~(;~(jLtnJilS<~
unders. 48.745 (21_.inc) t~igIion_of cacJl,
SE CTION 5. 48.68 of the statutes is renumbered 48.68 ( I
SECTION 6. 48.68 (2) and (3) of the statutes are created to read:
9. Consideration of----- 48.68 (2) Before renewing the license of any child welfare agency or group foster home. the
Complaints department shall consider all formal complaints filed under s. 48.745 (2) and the disposition of each
--licensing during the current license period.
10. Request Identification(3) Within 10 working days after receipt of an application for initial licensure of a child %%clfarc
of Hazards to CLA agency or group foster home, the department shall notify the city, town or village planning commission.
Residents or other appropriate city, town or village agency if there is no planning commission, of receipt of the
--licensing application. The department shall request that the planning commission or agency send to the
department, within 30 days, a description of any specific hazards which may affect the health and safety
of the residents of the child welfare agency or group home. No license may be granted to a child «elfare
agency or group foster home until the 30-day period has expired or until the department receives the
response of the planning commission or agency, whichever is sooner. In granting a license the
department shall give full consideration to such hazards determined by the planning commission or
agency.
SEC rION 7. 48.745 of the statutes is created to read:
1.1 . Resolution of------- 48.745 Formal complaints regarding child i.clfare agencies and group foster horses. ( I ) If a
Complaints by complaint is received by a child welfare agency or group foster home, the licensee shall attempt to
Licensee rc,,olvc the complaint informally. Failing such resolution, the licensee shall inform the complaining
party of the procedure for filing a formal complaint under this section.
12. Investigation of.-----(2) Any individual may file a formal complaint under this section regarding the general operation
Complaints by Co. of a facility and shall not be subject to reprisals for doing so. All formal complaints regarding child
Dept. of Social welfare agencies and group foster homes shall be filed with the county public welfare department on
Services forms supplied by the county department unless the county department designates the department to
receive formal complaints. The county department shall investigate or cause to be investigated each
formal complaint. Records of the results of each investigation and the disposition of each formal
complaint shall be kept by the count}' department and filed with the bureau %%Ithin the department
~+hich licenses child welfare agencies and group foster homes.
13, Resolution of------ (3) Upon receipt of a formal complaint, the county department may investigate the premises and
Complaints by records and question the licensee, staff and residents of the facility involved. The county department
the Co. Dept, ofshall attempt to resolve the situation through negotiation and other appropriate means.
Social Services (4) If no resolution is reached, the county department shall forward the formal complaint, result,,
of the investigation and any other pertinent information to the unit Kithin the department ~Nhich is
14. Resolution of-- empLMcrcd to tike further action under this chapter against the facility. The unit shall rcvie%% the
Complaints by complaint and may conduct further investigation, take enforcement action under this chapter or disnik%
the Dept. of the complaint. The department shall notify the complainant in writing of the final disposition of the
Health & Social compl.rrnt and the reasons therefor. If the complaint is dismissed, the complainant is entitled to an
administrative hearing conducted by the department to determine the reasonableness of the dismissal.
Services
(5) If the county department designates the department to receive formal complaints, the subunit
15. Dept. of Health under s. 46.03 (22) (c) shall receive the complaints and the department shall have all the po\%crs and
and Social duties granted to the count), department in this section.
Services authority
re: complaints
i 977 Assembly Rill 383 -3-
- gFCTION 8. 50.03 (2) (d), (3) (e) and (4) (a) 3 of the statutes are created to read:
50.03 (2) (d) 1. If a complaint is received by a community-based residential facility, the licensee
shall attempt to resolve the complaint informally. t':riling such resolution, the licensee shall inform the
complaining party of the procedure for filing a formal complaint under this section.
2. Any individual may file a formal complaint under this section regarding the general operation of
a facility and shall not be subject to reprisals for doing so. All formal complaints regarding
contmunit) -h;i.cd resldcntial facilities shall he filed t, ith the County public welfare departmment on forms
supplied by the county department, unless the county department designates the dcp:irtnicnl to rcccrVc a
formal complaint. The county department shall investigme or cause to he investigated each formal
complaint. Records of the results of each investigation and the disposition of each formal complaint shall
Repeat of Complaint be kept by the county department and filed \zith the unit within the department which licenses
Procedure for CBRFs community-based residential facilities.
3. Upon receipt of a formal complaint, the county dcpartn;ent may investigate the pi-anises and
records, and question the licensee, staff and rrsidcnts of the facility involved. The county department
shall attempt to resolve the situation through negotiation or other appropriate means.
4. If 110 resolution is reached, the county department shall forward the formal complaint, the results
of the investigation, and any other pertinent information to the unit within the department which may
take further action under this chapter against the facility. The unit shall review the complaint and may
conduct further investigations, take enforcement action under this chapter or dismiss the complaint.
The department shall notify the complainant in writing of the formal disposition of the complaint and
the reasons therefor. If the complaint is dismissed, the complainant is entitled to an administratne
hearing conducted by the department to determine the reason ablcness of the dismissal.
5. If the county department designates the department to receive formal complaints, the subunit
under s. 46.03 (22) (c) shall receive the complaints and the department shall have all the powers and
duties granted to the county department in this section.
Reporting of Complaints--(3) (e) Corntnunity-based residential facilities applying for renewal of license shall report all
by_Licensee-------_-- formal complaints regarding their operation filed under sub. (2) (d) and the disposition of each.
T (4) (a) 3. Within 10 working days after receipt of an application for initial :icensure of a
community-based residential facility, the department shall notify the city, town or village planning
'epeat - Request commission, or other appropriate city, town or village agency if there is no planning commission, of
Identification of receipt of the application. The department shall request that the planning commission or agency send to
Hazards to CBRF the dcp:rrtn e:;t, within 30 days, a description of any specific hazards -vhich may affect the health and
Residents licensing safety of the re,idents of the community-based residential facility. No license may be granted to a
communrh-based residential facility until the 30-day period has or until the department receives the
response of Ila, planning commission or agency, whichever is sooner. In granting a license the
department shall give full consideration to such hazards determined by the planning commission or
--------------------agency.
SECTION 9. 50.03 (4) (a) i of the statutes, as affected by chapter 29, laws of 1977, is amended to
read:
i. 7 . Licensing of CBRFs----- 50.03 (4) (a) I. The department shall issue a license if it finds the applicant to be fit and qualified,
and if it finds that the facility meets the requirements established by this subchapter. The department,
and Consideration or its designee, shall make such inspections and investigations as are necessary to determine the
of Complaints conditions existing in each case and shall file written reports. The department may designate and use
full-time city or county agencies as its agents in making the inspections and investigations, including
such subsequent inspections and investigations as are deemed necessary or advisable. The department
shall reimburse the city or county furnishing such service at the rate of $25 per year per license issued in
the municipality. Before rcnewin_p the license _of_any commuwit -ly a; ed_ residcntud facility, the
den;,rtnent shall consider all formal cmnl;lints filed under sub. 2 cl _2 during the current livens
Veriod_ind the disposition of vac
SECTION 10. 59.97 (15) of the statutes is created to read:
59.97 M) COMMUNITY LIVING ARRANGt:NENTS. For purposes of this section, the location of a
community living arrangement, as defined in s. 46.03 (22), in any city, village or town, shall be subject
to the following criteria:
(a) No community living arrangement may he established after the effective date of this act
H . 2, 500 Feet Spac inq-- 1977) \6thin 2,500 feet, or any, lesser distance cstahlishcd by :ut ordinance of a city. town or village, of
Requirement any other such facility. Agents of a facility may apply for an exception to this requirement, and such
exceptions may be granted at the discretion of the local municipality. Two community living
arrangements may be adjacent if the local municipality authorizes that arrangement and if both
facilities comprise essential components of a single program.
1977 Asserpbly Bill 383
4
19. Density Requirement- (b) Community living arrautgements shall he permitted in each city, village or town without
of 1% of 25 restriction as to the number of facilities, so lung as the total cap;+c+ty of the comniunity' living
Persons Being arrangements dues not exceed 25 or one percent of the n+umcipahty's population, whichever is greater.
Served in CLAs When the capacity of the conununity living arrangements in the municipality reaches that total, the
municipality ma)' prohibit additional community living arrangements from locating in the municipality.
In any city of the Ist, 2nd, 3rd or 4th class, when the capacity of community living arrang.cments in an
Adcrmanic district reaches 25 or one percent of the population, whichever is greater, of the district. the
municipality ilia), prohibit additional community living arrangements from being located within the
district. Agents of a facility may apply for an exception to the requirements of this paragraph, and such
exceptions may he granted at the discretion of the municipality.
20. Regular and--------- (bill) A foster family home which is the primary domicile of a foster parent, which is for 4 or fc~~
Corporate Foster children and which is licensed under s. 48.62 shall be a permitted use in all residential areas and is r
Homes subject to pars. (a) and (b) except that foster homes operated by corporations, child welfare agenci
churches, associations or public agencies shall be subject to pars. (a) and (b).
21. Establishment of---- (c) _In alL cascs where the community living arrangement has capacity for 8 or fc\ cr persons being
CLAs Licensed >i,rved by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated or
for 8 or Fewer permitted under the authority of the department of health and social services, that facility is entitled to
Persons locate in an residential zone, without being [equired to obtain special zoning permission except as
id(
provided in par.
22. Establishment of----(d) In all cases where the community living arrangement has capacity for 9 to 15 persons being
CLAs Licensed forserved by the program, meets the criteria listed in pars. (a) and (b), and is licensed, or operated or
9-15 Persons permitted under the authority of the department of health and social services, the facility is entitled to
locate in any residential area except areas zoned exclusively for single-family or 2-family residences,
except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those
areas. The local municipality may grant special zoning permission at its discretion and shall make a
procedure available to enable such facilities to request such permission.
23. Establislment of----(c) In all cases where the community living arrangement has capacity for serving 16 or more
CLAs Licensed forpcrsons, n}cets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the
16 or More authority of the dep;trtmcnt of health and social services, that facility is entitled to apply for special
Persons zoning permission to locate tit areas zoned for residential use. The local municipality may grant special
zoning permission at its discretion and shall make a procedure available to enable such facilities to
request sucl+ permission.
24. Data Maintenance----(f) The department of health and social services shall designate a single subunit within the
department to maintain appropriate records indicating the location and the capacity of each community
living arn+nocment, and such information shall be available to the public.
25. Special 1.uninl In this subsection special zoning permission' includes but is not limited to the following:
Permissions sy~ecial exception, sprcia permit, conditional use, zoning variance, conditional permit arid Wwur'~cs of
Defined similar intent. -
?6. Enforcement---=---- (h) The attorney general shall take all necessary action, upon the request of the department of
he;+Ith arid social services, to enforce compliance with this subsection.
(1) Not less than 1 1 months nor more than 13 months after the first licensure of a community li%inn
arrangement and every year thereafter, the common council, town board or village board of a city, town
or village in which a community living arrangement is located may make a determination as to the effect
of the community living arrangement on the health, safety or welfare of the residents of the c+t), town or
village. The determination shall be made according to the procedures provided under parr. (j). If tht
27. Local Review of--common council, town board or village board determines that a community living arrangement's
a CLA existence in the city, town or village poses a threat to the health, safety or welfare of the residents of the
city, town or village, the common council, town board or village hoard may order the community living
arringentent to cease operation unless special zoning permission is obtained. The order is subject to
judicial review under s. 68.13, except that a free copy of the transcript may not be provided to the
community living arrangement. The community living arrangement shall cease operation within 90 days
after the date of the order, or the date of final judicial review of the order, or the date of the denial of
.pccial zoninti permission, w hichcver is later.
(j) A dctcrn+inatiun under par. (i) shall be made after a hearing before the common council, town
28. Procedure for--- ho,trd or village hoard. The city, town or village shall provide at least 30 days' notice to the community
Local Review li\ ing arrnrngenicnt that such a hearing will be held. At the hearing, the community living arrangement
may be represented by counsel and may present evidence and call and examine witnesses and
cross-exan;ine other itncsscs called. The common council, town board or village board may call
1977 Assembly Bill 383
witnesses and May issue subpoenas. All witnesses shall he sworn by the common council, town hoard or
village board. The common council, town board or village board shall take notes of the testimony and
shall mark and preserve all exhibits. The common council, toy+n board or village board may, ;ind upon
request of the community living arrangement shall, cause the proceedings to be taken by a stcnogr.iphcr
or b) a recording device, the expense thereof to be paid by the city, town or village. \Vilhin 20 drys after
the hearing, the common council, town board or village hoard shall mail or deliver to the commliunit'
living nrran,xmcnt its written determination statintt the rcav,ns therefor. I be dctcrntiuatiml >h:~ll he a
---•----------------------final determination.
SECTION 11. 60.74 (9) of the statutes is created to read:
60.74 (9) For purposes of this section, the location of a community living arrangement, is defined
in s. 46.03 ( 22), in any town shall be subject to the following criteria:
(a) No community living arrangement may be established after the effective date of this act
(1977) within 2,500 feet, or any lesser distance established by an ordinance of the town, of any other
such facility. Agents of a facility may apply for an exception to this requirement, and such exceptions
may be granted at the discretion of the local township. Two community living arrangements mad be
adjacent if the town authorizes that arrangcrnent and if both facilitics comprise essential components of
:r single program.
(b) Community living arrangements shall be permitted in each town without restriction as to the
number of facilitics, so long as the total capacity of the community living arrangements does not c,,cced
25 or one percent of the towns population, whichever is greater. If the capacity of the contmumIN living
arrangements in the town reaches such total, the town may prohibit additional community lMn-1
arrangements from locating in the township. Agents of a facility may apply for an exception to this
requirement. and such exceptions may be granted at the discretion of the town.
(bm) A foster family home which is the primary domicile of a foster parent, which is for 4 or fewer
children and which is licensed under s. 48.62 shall be permitted use in all residential areas and is not
subject to pars. (a) and (b) except that foster homes operated by corporations, child welfare agencies,
Repeat churches, associations or public agencies shall be subject to pars. (a) and (b).
his Section Applicable (c) If the community living arrangement has capacity for 8 or fewer persons being served by the
program, meets the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the
o Town Government authority of the department of health and social services, the community living arrangement is entitled
to locate in any residential zone, without being required to obtain special zoning permission except as
provided under par. (i).
(d) In all cases where the community living arrangement has capacity for 9 to 15 persons being
served by the program, meets the criteria listed in pars. (a) and (b), and is licensed, operated or
permitted under the authority of the department of health and social services, that facility is entitled to
locate in any residential area except areas zoned exclusively for single-family or 2-family residences
except as provided in par. (i), but is entitled to apply for special zoning permission to locate in those
areas. The town may grant such special zoning permission at its discretion and shall make a procedure
available to enable such facilities to request such permission.
(e) In all cases where the community living arrangement has capacity for serving 16 or more
persons, rmects the criteria listed in pars. (a) and (b), and is licensed, operated or permitted under the
authority of the department of health and social services, that facility is entitled to apply for special
zoning permission to locate in areas zoned for residential use. The town may grant such special zoning
permission at its discretion and shall make a procedure available to enable such facilities to request such
permission.
(f) The department of health and social services shall designate a single subunit within the
department to maintain appropriate records indicating the location and the capacity of each conmmunitx
living arrangement, and such information shall be available to the public.
(g) In this subsection, "special zoning permission" includes but is not limited to the following:
special exception, special permit, conditional use, zoning vari;tncc, conditional permit and words of
similar intent.
(h) The attorney general shall take all necessary action, upon the request of the department of
health and social services, to enforce compliance with this subsection.
(1) Not less than I I months nor more than 13 months after the first licensure of a community
living arrani,cmcnt and every year thereafter, the town board of a town in which a community living
arr.u'lcement is located may make a determination as to the effect of the community living arranz,rrncnt
on the health, safety or welfare of the residents of the town. The determination shall he made according
-6- 1977 A4scmhly still 381
- - - - - - - to the procedures provided tinder par. (J). If the town board determines that a community living
;irralio, nrcnt's existence in the town poses a threat to the health, safety or welfare of the residents of the
to\%n. the to\tin hoard may order the community living arrangement to cease operation unless speci•ri
zonini- permission is ohimned. The order is subject to judicial review under s. 68.13, except that a fr-.s
copy of the transcript may not be provided to the community living arrangement. The community living
arranecnicnt must cease operation within 90 days after t:te date of the order, or the date of final judicial
review of the order, or the date of the denial of special zoning permission, whichever is later.
Town Government .
Section Continued (j) A dctcrnruiation made under par. M shall be grade after a hearing before the town board. The
town shall provide at least 30 days' notice to the community living arrangement that such a hearing will
be held. At the hearing, the community living arrangement may be represented by counsel and may
prescnt evidence and call and examine witnesses and cross-examine other witnesses called. The town
board may -all witnesses and may issue subpoenas. All witnesses shall he sworn by the town board. The
to~%n hoard shall take notes of the testimony and shall mark and preserve all exhibits. The town board
may, and upon. request of the community living arrangement shall, cause the proceedings to be taken by
a steno-rapher or by a recording device, the expense thereof to be paid by the town. Within 20 days
after the hearing, the town board shall deliver to the community living arrangement its written
determination stating the reasons therefor. The determination shall be a final determination.
SFCTION 12. 62.23 (7) (i) of the statutes is created to read:
62.23 (7) W Community lining arrangements. For purposes of this section, the location of
community living arrangement as defined in s. 46.03 (22) in any city shall he subject to the following
criteria:
1. No community living arrangement may be established after the effective date of this act (1977)
within 2,00 feet, or any lesser distance established by an ordinance of the city, of any other such,
facility. Agents of a facility may apply for an exception to this requirement, and such exceptions maybe
granted at the discretion of the city. Two community living arrangements may be adjacent if the city
authors/cs that arrangement and if both facilities comprise essential components of a single program.
2. Community living arrangements shall be permitted in each city without restriction as to the
number of facilities, so long as the total capacity of such community living arrangements does not
exceed 215 or one percent of the city's population, whichever is greater. When the capacity of the
community living arrangements in the city reaches that total, the city may prohibit additional
community living arrangements from locating in the city. In any city of the Ist, 2nd, 3rd or 4th class,
when Ole .::parity of community living arrangements in an aldermanic district reaches 25 or one percent
of the population, whichever is greater, of the district, the city may prohibit additional community living
arr;o,~~cnicut~ from being located within the district. Agents of a facility may apply for an exception to
the requirements of this subdivision, and such exceptions may be granted at the discretion of the city.
'm. A foster family home which is the primary domicile of a foster parent, which is for 4 or fewer
Repeat children and which is licensed tinder s. 48.62 shall be a permitted use in all residential areas and is not
subject to subds. I and 2 except that foster homes operated by corporations, child welfare agencies,
Section Applicable churches, associations or public agencies shall be subject to subds. I and 2.
to City Government 3. In all'cascs where the community r living g arrangement has capacity for 8 or fewer persons being
served by the program, meets the criteria listed in subds. I and 2, and is licensed, operated or permitted
under the authority of the department of health and social services, that facility is entitled to locate in
any residential zone, without being required to obtain special zoning permission except as provided in
subd. 9.
4. In all cases where the community living arrangcntcnt has capacity for 9 to 15 persons being
served by the program, meets the criteria listed in subds. I and 2, and is licensed, operated or permitted
under the authority of the department of health and social services, that facility is entitled to locate in
:tnv residential area except areas zoned exclusively for single-family or 2-family residences except as
provided in subd. 9, but is entitled to apply for special zoning permission to locate in those areas. The
city may grant such special zoning permission at its discretion and shall make a procedure available to
enable such facilities to request such permission.
5. In all cases where the community living arrangement has capacity for serving 16 or more persons,
meets the criteria listed in subds. I and 2, and is licensed, operated or permitted under the authority of
the department of health and social services, that facility is entitled to apply for special zoning
permission to locate in areas zoned for residential use, The city may grant such special zoning,
permission at its discretion and shall make a procedure available to enable such facilities to request such
permission.
6. File department of health and social services shall designate a single subunit within the
department to maintain appropriate records indicating the location and number of persons served by
each community living arrangement, and such information shall be available to the public.
.7.
' 1977 ;k%senibl) Bill 383
7. In this paragraph, "special Toning permission" includes but is not limited to the follo«6
special exception, special pcrmit, conditional use, inning variance, conditional pcrmit and words of
similar intent.
8. The attorney general shall take all necessary action, upon the request of the department of
health and social services, to enforce compliance with this paragraph.
9. Not less than 1 I months nor more than 13 months after the first licensure of a community living
arrang,,cmcnt and every year thereafter, the common council of a city in which a community living
an:mgcnrcnt is located may make a determination as to the effect of the community living arrangement
City Government on the health, safety or welfare of the residents of the city. The determination shall be made according to
Section Continued the procedures provided under subd. 10. If the common council determines that a community living
:Arrangement's existence in the city poses a threat to the health, safety or welfare of the residents of the
city, the common council may order the community living arrangement to cease operation unless special
zoning permission is obtained. The order is subject to judicial review under s. 68.13, except that a free
copy of the transcript may not be provided to the community living arrangement. The community living
arr:ulgcment must cease operation within 90 days after the date of the order, or the date of final judicial
review, of the order, or the date of the denial of special zoning permission, whichever is later.
10. A determination made under subd. 9 shall be made after a hearing before the common council.
The city shall provide at least 30 days' notice to the community living arrangement that such a hearing
will he held. At the hearing, the community living arrangement may be represented by counsel and may
present evidence and call and examine witnesses and cross-examine other witnesses called. The common
council may call witnesses and may issue subpoenas. All witnesses shall be sworn by the common
council. The common council shall take notes of the testimony and shall mark and preserve all exhibits.
The common council may, and upon request of the community living arrangement shall, cause the
proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the
city. Within 20 days after the hearing, the conmmun council shall mail or deliver to the community living,
:Arrangement its written determination stating the reasons therefor. The determination shall be a firiJ
dclcrminatiun.
SFUI-ION 13. 62.23 (7a) of the statutes is amended to rea :
29. Extraterritorial.-------6'_.23 (7a) Ex-rKAI CKKtrOKtAL ZONING. The governing body of any city which has cr mcd a city
plan commission under sub. (1) and has adopted a zoning ordinance under sub. (7) may excrci,,c
Zoning cxtraterritorial zoning power as set forth in this subsection. Insofar as applirrblc rise:-~rc~+ +<an+ Af tiA
(7 ) (a), (b), (c), (ca) and, (h) and i shall apply to extraterritorial zoning ordinances enacted unc,
this suhsection. This subsection shall also apply to the governing body of any village.
30. "Grandfather SE(' 1 ION 14. Application. This act shall not affect the rights, powers or duties of any county,
Section"----------- city' town or village as to their zoning authority over any community living arrangement which had
obtained special zoning permission prior to the effective date of this act. However, those community
living arrangements shall be required to register under sections 59.97 (15) (f), 60.74 (9) (f) and 62.13
(7) (1) 6 of the statutes, as created by this act, and under such sections the department must maintain
public rccolds of those community living arrangements. The location and capac+ty of those community
In in :Arran ,emcnts shall be included when determining whether a new communit\ living arrangement
c:An he located in a city, town or village under sections 59.97 (15) (a) and (b), 60.74 (9) (a) and (b)
and 62.23 (7) W I and 2 of the statutes.
31. Program----------------SECTION 15. Program responsibilities. In the list of program responsibilities specified for the
Responsibilities department of justice under section 15.251 (intro.) of the statutes, insert reference to sections "59.91
(IS) (h)","60.74 (9) (h)"and"62.23 (7) (i) 8"
i