AB 562

Under current law, a county board may engage in zoning and land use planning

by creating a county planning agency or by designating a previously constituted

county committee or commission as the county planning agency. If a county board

creates or designates such an agency, the agency is required to direct the preparation

of a county development plan for the physical development of the towns within the

county and for the cities and villages within the county whose governing bodies agree

to have their areas included in the county plan.

Also under current law, a city or village, or certain towns that exercise village

powers, may create a city, village, or town plan commission to engage in zoning and

land use planning. If a city, village, or town creates such a commission, the

commission is required to adopt a master plan for the physical development of the

city, village, or town, including in some instances, in the case of a city or village,

unincorporated areas outside of the city or village that are related to the city's or

village's development.

Under the current law commonly known as the "Smart Growth" statute, if a

city, village, town, county, or regional planning commission creates a development

plan or master plan (comprehensive plan) or amends an existing comprehensive

plan, the plan must contain certain planning elements. The required planning

elements include the following: housing; transportation; utilities and community

facilities; agricultural, natural, and cultural resources; economic development; land

use; and intergovernmental cooperation.

Subject to a number of limitations and conditions, this bill authorizes a city,

village, or town (municipality) to enact a development moratorium ordinance if the

municipality has enacted, is in the process of enacting or amending, or is exempt

from having to enact, a comprehensive plan. The municipality may enact a

development moratorium ordinance (moratorium) only if its governing body adopts

a resolution stating either that a moratorium is needed to prevent a shortage in or

the overburdening of its public facilities or that a moratorium is needed to address

a significant threat to the public health or safety. In either case, the municipality

must obtain a written report from a professional engineer stating that the possible

effect on public facilities, or the possible threat to public health or safety, justifies the

need for a moratorium. In the case of a possible health or safety threat, the report

may also be from a physician or registered nurse.

The moratorium must contain a number of elements, including a statement

describing the problem giving rise to the need for the moratorium, the actions the

municipality intends to take to address the problem, and the length of time the

moratorium will apply. The moratorium may remain in effect only until the

municipality addresses the problem giving rise to the need for the moratorium, or for

12 months, whichever occurs first. The bill also authorizes the municipality to

extend the moratorium for another six months if the problem is not addressed. In