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CITY OF OSH
TOWN OF BLACK WOLF
Those Involved in the Preparation of the Cooperative Plan:
City of Oshkosh Community Development Department, Allen Davis
of
hkosh Attorney, Lynn'Lorenson
of Black Wolf, Tom Herzing
�ckWolf Attorney, John St. Peter
as of 9/21/2011
...lal Version Dated
Table of Contents
Outline.......................................................................................................................
1
Section 1: Participating Municipalities......................................................................
2
Section2: (Blank).....................................................................................................
2
Section 3: Territory Subject To the Cooperative Plan .............................................2
2
Section 4: Issues, Problems, Opportunities.............................................................
2
Section 5: Definitions................................................................
5
Section 6: Term Of The Boundary Adjustment Period .......................................7
7
Section 7: Expansion Area And Protected Area .................................................8
...............
8
Section 8: Long -Term Boundary Between City And Town ......................
11
Section 9: Attachment Of Territory In Expansion Area Of Town To City ................12
12
Section 10: Procedure For Attachment .................• .........
13
Section 11: Local Ordinances ................................. ..................... :<
16
Section 12: Current Land Use And Physical Development Of The Territory:
16
Section 13: Relationship of the Cooperative Plan to Nonparticipating Entities
21
Section 14: Services ............................................... ............. ......,
22
Section 15: Environmental Evaluation Of The Cooperative Plan ....................
25
Section 16: Housing Needs ................ .. .......................•.....
26
Section 17: Comprehensive/Master Planning .................................................26
Section 18: Authorizing Resolutions, Record Of Public Participation And
Cooperative Plan Adoption Resolutions , ....... . .....................
27
Section 19: Binding Effect Of Cooperative Plan ...........................................27
27
Section 20: Administration Of This Cooperative' Plan......
f' ..•.•..•..•..................
27
Section 21: Dispute Resolution ...................a ......,
Section 22: No Challenges To This Cooperative Plan ................................................31
31
Section 23: Remedies... .•.................................................
31
Section 24: Amendment .....................................................
32
Section 25: Good Faith And Fair De ling ....
33
Section 6 Invalid Or Ineffective Ordinnce............................................................
33
Section 27:;Implementation .....
33
Section 28: Miscellaneous Interpietation.:..............................................................
33
Section29: Notices.....................:v............................................................................
34
Exhibits:
Exhibit A: City/Town Boundary Map........................................................................
36
Exhibit B: Protected/Expansion/Rural Preservation Zones ........................................37
37
Exhibit C: Town of Black Wolff Land Use Plan..................................................................
38
EXHIBIT D: Map Showing Relationship Of The Coop. Plan to Nonpartic. Entities......
39
EXHIBIT E: TOWN OF BLACK WOLF SECTIONS MAP.....................................................................
40
Exhibit F: U.S. Highway 41 Corridor Overlay District Map .......................................41
41
Exhibit G: Town Of Black Wolf Res. Authorizing Support Of Boundary Agreement........
42
Exhibit H: City of Oshkosh Res. Authorizing Support Of Boundary Agreement........
43
Exhibit I: Record of Public Participation and Comment.............................................44
Exhibit 3: Intergovernmental Boundary Agreement ...................................................49
49
Exhibit K: Immediate Attachments...........................................................................
68
Exhibit L: Environmentally Sensitive Lands................................................................
69
OUTLINE OF CITY OF OSHKOSH AND TOWN OF BLACK WOLF
COOPERATIVE PLAN
UNDER WIS. STAT. § 66.0307
RECITALS
C. Wis. Stat..§ 66.0307(2) ( ) permits cooperative plans to provide for future boundary
changes.
E. The City and Town entered into the Intergovernmental Agreement for the purposes
of establishing a long-term boundary, limiting the City's extraterritorial authority within
the Protected Area assuring orderly growth and development outside the Protected
Area, protecting Town owners from annexations against their will, and facilitating
attachment of lands in the Expansion Area at the will of the owners without threat of
lawsuits.
1
F. This Cooperative Plan is intended to implement the Intergovernmental Agreement
and to guide and accomplish a coordinated, well -planned and harmonious development
of the territory covered by the Plan.
G. This Cooperative Plan was developed following a review of regional, county and
local plans and after a public hearing on the Plan noticed under Wis. Stat.
§ 66.0307(4)(b) on September 15, 2008, from which comments were received and said
comments are addressed in Exhibit I.
H. It is the intention of the City and Town that this Cooperative Plan be a binding and
enforceable contract.
THEREFORE, the City of Oshkosh and Town of Black Wolf enter into tus Cooperative
Plan under authority of Wis. Stat. § 66.0307, and, petition the State of Wisconsin
Department of Administration for approval, in accordance with statutory procedures and
time frames.
SECTION 3
TERRITORY SUBJE
The territory subject
of this Plan.
and Town of Black Wolf, located in
en the City and the Town is shown
TO THE COOPERATIVE PLAN
this Cooperative Plan is all territory in the Town as of the date
SECTION 4
ISSUES, PROBLEMS, OPPORTUNITIES
This Cooperative Plan will address issues
noted in the subsections below:
and problems and create opportunities as
2
4.01 Existing Character of the Territory (Town of Black Wolf) The Town of
Black Wolf is predominated by undeveloped and agricultural areas. Open space
land uses dominate. About 2/3 of the land is cropland, and nine percent is
woodlands. Single-family homes are located along many of the section roads in
the Town. Limited commercial and industrial developments are located along
USH 45 and STH 44. Given that the Town has no central place where
development and activity is congregated, institutional uses and public facilities
are scattered throughout the Town.
The following table is a breakdown of existing Ian
Town of Black QWolf
Existing Land ,Use*
Land Use
Acres
Single Family Residences
,. ,, 972.36
Farm Residences
185.22
Multi -family Residences
4.91
Commercial
61.15
Industrial
630
Public/Institutional
39.58
Parks/Recreation
. 252.04
Rights of Wy.:
504.53
Cropland
67027.81
Woodlands/Undeveloped
1182.90
Total
`'9911.80
Town of Black Wolf Comprehensive Plan, March 1998
in the Town.
of Total
9.81%
1.87
0.05%
0.62
0.06%
0.40%
2.54%
5.09%
67.62%
11.94%
100%
4.02 Future Road Network The ,parties will consult with each other relative to
future road planning'"
3
4.03 Preservation of Natural, Physical and Socio-Economic Attributes
The Town of Black Wolf has a rich farming tradition with roughly 80%% of the Town's
land area devoted to agricultural and undeveloped space. Farming operations in the
Town consist of a balance of family farm operations, rented cropland, and larger
corporate farms. Large portions of Town lands are considered to be prime agricultural
lands. Contiguous areas of woodlands, wetlands, and other natural areas in the Town
have been protected from development. In order to protect prime agricultural lands
from residential development pressures, the Town has adopted a Subdivision Ordinance
with provisions for cluster and conservation subdivisions y°
tt
The Town has not yet completed a comprehensive inventory of its cultural resources.
Completion of said inventory is a priority in ,the Comprehensive Plan to establish
priorities for protection of cultural resources. According to the Wisconsin Historical
Society, the Town of Black Wolf has 27 registered historic structures id 2008.
This Plan will promote and enable cooperation between "the City and the Town to
coordinate their plans for pedestrian trails
4.04 Joint Planning Both the City of"
completed their respective ComprehensivE
"Smart Growth" statutes each of the plan
element. With the Plans in place, greater
resolve any potential land use conflicts or
services to both the City and Town.
Oshkosh and the Town of Black Wolf have
Mans that were developed per the State's
includes an Intergovernmental Cooperation
iphasis cane applied to working jointly to
;sues, and to promote efficient delivery of
Current Wisconsin annexation statutes and annexations have resulted in fragmentation
of the Town into discontinuous geographic areas and irregular peninsulas. The
boundaries of the Town and the City are not well defined by built or natural features,
which have resulted in service inefficiencies and challenges. The irregular boundary
issues are addressed by this Plan.
4
The term and implementation phases within the Plan recognize an attempt to balance
the competing desires of the City, the Town, and existing Town property owners and
residents.
The boundary provisions between the City and the Town that provide for a protected
area for the Town and an expansion area for the City will enable both municipalities to
engage in more orderly land use planning and development, without wasting public
resources on divisive boundary disputes and inefficient serviceprovision.
4.06 Assure Orderly Development of City and Toi
The Plan provides a mechanism for joint land use deci
City Expansion remain in the Town. The Plan establish°E
as the planning document to guide growth in the Ex
Town agrees that it will not rezone lands in the Expan
the City's consent to the rezoning, which consent may
consistent with the City's adopted Comprehensive Plar
time to time). The Plan establishes density maximums
permit some limited residential development and ,cor
along Old Oregon Road. Within the Protected Area, the
to undertake appropriate long rangeplanning with as:
will remain in the Town.
nWithin the Planning Area.
on making while parcels in the
the City's Comprehensive Plan
insionArea. Furthermore, the
on Area without first obtaining
it be withheld if the rezoning is
(which may be amended from
the Rural Preservation Area to
mercial/industrial development
Town of Black Wolf will be able
Trance that the Protected Area
3. Boundary Line: fhe boundary between the Protected Area and the City or
Expansion and Rural Preservation Area as shown on Exhibit B.
4. Exhibits: Maps, lists, resolutions and other supporting documents that are attached
to this Plan and incorporated as part of the Plan.
5. City Expansion Area: Is a geographic area that the parties expect to be
developed for urban uses within the City during the term of this Agreement and
illustrated on Exhibit B.
5
6. Rural Preservation Area: Is a geographic area that the parties expect will
remain primarily rural and agriculturally oriented during the term of this Agreement
and illustrated on Exhibit B.
7. Functional Town Island Attachment: Attachment of areas determined to be
functional town islands as set forth in Section 10 of this Plan.
8. Town Section Attachment: Attachment of remaining unincorporated Town areas
within individual Town Sections (as identified on Exhibit E) that contain 70% or
more of incorporated City of Oshkosh territory and as set forth in Section 10 of this
Plan. ..,,.
9. Town Section: Individual geographic
illustrated on Exhibit E.
1O. Oshkosh or City: The City of Oshkosh, Wisco
offices at 215 Church Avenue, Oshkosh, Wisconsin 54
11. Plan Territory: All parcels of land within the T
this Plan.
12. Black Wolf Protected Area: A gea raphic
agrees not to annex or attach territory,.,, during
e Town in one mile squares as
a municipal corporation with
4430.
Black Wolf as of the date of
shown on Exhibit B that the City
erm of this Agreement.
For purposes of this Agreement, a functional town
ateor natural barriers, employed in conjunction with
a portion of the Town. In determining whether an
to constitute a functional town island, the parties shall
lads, rivers and political boundaries isolate the area
(ii) the extent to which natural borders and political
area from the balance of the Town, or (iii) the extent
the area is cut off from the remainder of the Town.
14. Voluntary Attachment: An attachment of land within the Expansion Area
pursuant to unanimous request of all owners prior to Final or Intermediate Attachment.
6
SECTION 6
TERM
The term of this Cooperative Plan shall commence upon the date of its approval by the
Wisconsin Department of Administration and shall terminate at 11:59 p.m. 'on
2051. The basis for the 40 year term is that such time period is deemed
by the City and Town to be necessary to protect existing Town land owners from
annexation against their will and for the City to fully assimilate the territory in the
Expansion Area in an orderly and cost-effective manner.
7.01 City Expansion Area. The parties acknowledge that the territory within the City
Expansion Area is likely to be developed with comprehensive urban services, including,
but not limited to, sanitary sewers and water in conformance with the City's
Comprehensive Plan. The following additional provisions shall apply in the Expansion
Area:
(a) Lands may be pan
of the lands, excl
need not , be..cor
(b)
annexations shall
lands annexed. 'fl
consistent with the
Lands divisions and Piatting. When requests are made for approval of any
certified survey map (CSM), or initiation of development activities that will result in
the creation of any non -rural, non-agricultural use, where the CSM, plat, or
development activity does not include an annexation or attachment to the City, the
following standards shall apply:
(i) An attachment agreement is executed with the City, which requires the
property owner and successor owners to annex and/or attach the affected
parcel(s) when the parcel(s) become contiguous with the City. The
annexation and/or attachment agreement shall also provide provisions for
necessary easements (which the City will determine) that may be required
for the future extension of utilities to the relevant parcel(s) and development
area.
)on the unanimous consent of the owners
that may be annexed. Such annexations
may create town or city islands. Such
K of highway rights of way abutting the
ise, nor support opposition to, annexation
nt.
7
(ii) The property owner and/or developer prepares and submits to the City a
Master Development Plan for the Town Section within which the certified
survey map, plat, or development activity is proposed, and a finding is made
by the City that the CSM, plat, or development activity is consistent with the
City's adopted Comprehensive Plan or can be made consistent with the
addition of appropriate conditions, including conditions relative to the
installation of public improvements. The City- may waive the Master
Development Plan requirement based on the size and scope of the proposal.
(iii) The CSM, plat, and development activity must be °`served by a publicly
dedicated road built in accordance with the City's Subdivision Regulations,
unless those requirements arewaived and/car modified by the City.
(iv) The maximum lot size of residential parcels shall not exceed two (2) acres,
and they must be designed in such a manner that future land divisions may
be possible relative to creating additional residential building sites(s), unless
said requirement is waived and/ormodified by the City.
(c) The Town will not rezone land located in the CEA without first obtaining the City's
consent to the rezoning, which .consent may not be withheld if the proposed
rezoning is consistent with the terms of this Agreement and the provisions of the
City's adopted Comprehensive Plan
(d) The Town will not interfere with or object tothe City" applications to extend its
sewer service area consistent with this Agreement
(b) The Town reserves the right to permit unsewered development on lands within the
BWPA, provided the development is consistent with the Town's Comprehensive
Plan. To the extent that he City has jurisdiction to review or approve any land
division within the BWPA, the City shall provide timely approval of said land
division without conditions its consent on the execution of an attachment
agreement.
8
(c) In consideration for the rights and privileges granted to the City by the Town
under this Agreement, the City agrees that it shall not adopt or exercise
extraterritorial zoning and plat approval jurisdiction applicable to the BWPA.
7.04 Rural Preservation Area. The parties acknowledge that the majority of land
within the Rural Preservation Area (RPA) is not likely to be developed to urban densities
within the term of this Agreement. Nevertheless, the parties agree to the following
provisions applicable to the RPA:
(a) Lands may be annexed tot he City only upon the unanimous consent of the owners
of the lands, exclusive of any right-of-way that may be annexed. Such annexations
need not be contiguous to the City and may create town of city islands. Such
annexations shall include the entire width of highway rights of way abutting the
lands annexed. The Town shall not oppose, nor support opposition to, annexation
consistent with the terms of this Agreement
(b) The parties acknowledge and agree that any area that, on the effective date of this
Agreement or during the term of this Agreement, becomes a functional town island
shall be annexed per the provisions of 10.02 of this Agreement.
(c) The Town shall consent to the construction of City utilities in Town rights of way
and easements as necessary o serve annexed lands subject to the City's
obligations (i) to maintain access to Town territory, and, (i) to restore the right of
way or easement its accordance with commonly accepted practices.
(d) When a new road is proposed by the City to be built on land located in the RPA, the
parties will discuss ,the exact location of the road in order to avoid jurisdictional
confusion over the provision of governmental services. The City must obtain the
Town's prior written consent for new roads to be built on land located in the RPA,
but such consent shall not . be unreasonably withheld. The City must obtain the
Town's prior written consent before the Town is financially obligated to pay for any
portion of the construction or reconstruction of a road project initiated by the City,
with such consent at the Town's legislative discretion.
(e) The Town will not interfere with or object to City applications to extend its sewer
service area consistent with this Agreement.
(f) When requests are made for approval of any CSM, plat, or the initiation of
development activities that will result in the creation of any non -rural, non-
agricultural use, where the CSM, plat, or development activity does not include an
annexation or attachment to the City, the following standards shall apply:
(i) A maximum of twenty-eight (28) non -rural, non-agricultural residential
dwellings are permitted within each Town Section, provided, however, that
not fewer than ten (10) additional non -rural, non-agricultural residential
dwellings will be permitted in each Town Section regardless of the number
of non -rural, non-agricultural residential dwellings in existence on the date of
this Agreement.
9
(ii) The CSM, plat, and development activity must be served by a publicly
dedicated road built in accordance ° with the design (but not construction)
standards of Section 30.73 of the City of Oshkosh Municipal Code, as
amended from time to time, unless said requirement is waived and/or
modified by the City.
(iii) The minimum lot size of residential parcels shall be five (5) acres, and they
must be designed in such a manner that future land divisions may be
possible relative to creating additional residential building sites(s), unless
said requirement is waived and/or modified by the City.
(g) Commercial and light industrial development maybepermitted within the Old
Omro Road District subject to the following provisions.
(i) The property owner(s) execute an attachment agreement with the City requiring
the property owner or successor owners to attach to the City within sixty (60)
months of the date when the parcel(s), becomes., contiguous to ;the City. The
attachment agreement shall provide provisions necessary easements, which the
City determines, may be required for the future extension of utilities to the relevant
parcel(s) and development area
10
SECTION 8
LONG-TERM BOUNDARY BETWEEN CITY AND TOWN
The limits of the City bordering the Town as protected through the creation of a "Town
Protected Area" and expanded through the creation of a "City Expansion Area" shall
constitute the Tong -term boundary between the City and Town. The Town boundaries
will result in a compact community bounded on the west and north by the City. The
boundary agreement will allow for the eventual elimination of Town peninsulas and
islands and other irregularities with the municipal border: .that may create service
delivery confusion or inefficiencies. The plan area is and will remain in the Oshkosh
Area School District. Terrain and other physical features are virtually uniform
throughout the planning area. The expansion of the City into the Town will allow for
the orderly development of the City that should lessen urban sprawl and create
compactness over time. The staged expansion will also allow for appropriate planning of
infrastructure and other service needs into these areas.
SECTION 10
PROCEDURE - ATTACHMENT OF TOWN LAND TO CITY IN EXPANSION AREA
10.01 Procedure for Voluntary Attachment The procedure for Voluntary
Attachment of territory in the Expansion Area to the City shall be as follows:
11
(a) Upon written petition for attachment of land filed with the City Clerk on City
forms signed by all of the owners of all the land, exclusive of Town roads
abutting such land, the City may, with ten (10) days advance, written notice to
Town Clerk, without further review and approval of the Town, and without
mandatory review and recommendation by the City Plan Commission or any
other sub -unit of the City, adopt an attachment ordinance by a majority of the
elected members of its Common Council attaching the land. The attachment
ordinance may designate a temporary or permanent zoning classification for
each parcel as prescribed in Wis. Stat. § 66.0217 (8)�'
(b) Following adoption of the attachment ordinanc
file, record and send copies of the same, it
66.0217(9)(a) and 66.0307(10). Failure to
invalidate the attachment and the r duty to
continuing one. The information filed with the
in making adjustments to entitlements Fund
program and to distribution of funds under±
successor or other federal or s`state entitlemE
the City Clerk shall immediately
accordance with Wis. Stat. §§
file, record or send shall not
e, record or send shall be a
secretary of State shall be utilized
r the federal revenue sharing
s. Stat. chapter 79, and to any
it or revenue -sharing program.
c No land shall be attached to the City
( ) as a Voluntary Attachment without the
consent of all of the owners. Petitionsignatures or other indices of consent shall
not be required of residents, occupants or users of property who are not owners
of the property.
(e) The Town shall not oppose any attachments permitted by this Agreement or
provide support, financial or otherwise, to those who do.
(f) Any territory within the Expansion Area not attached to the City as a Voluntary
Attachment shall be attached to the City as a "Functional Town Island"
attachment or a "Town Section" attachment in accordance with the time frames
and procedures governing such Attachments set forth below.
12
10.02 Procedure for Functional Town Island Attachment. The procedure for
attachment of geographic areas determined to be `functional town island(s)' may be
attached by Attachment Ordinance adopted by a majority vote of the City of Oshkosh
Common Council as follows:
(a) Determination. City of Oshkosh Department of Community Development staff
will make the initial determination as to whether an area has become a
functional town island per standards identified in Section 5 of this Plan.
(b) Public Hearing. Upon determination that an area has become a functional
town island, staff will schedule a public hearing before the City of Oshkosh
Common Council to adopt a resolution declaring said area to be a functional
town island. At least 30 days prior to said hearing the City of Oshkosh shall send
a meeting notice to all property
p p rty owners of record within the subject area as
identified in the City's Geographic Information System (GIS).At least 30 days
prior to the hearing, the City shall also seed a meeting notice to the Town Clerk.
(c) Council Resolution. After scheduling a public hearing Council May adopt a
resolution declaring said area to be a 'functional town island'.
(d) Attachment Ordinance. At anytime following adoption of a resolution
declaring an area to be a 'functional town island' the Council may adopt an
Attachment Ordinance attaching said property to the city. The effective date of
said Attachment Ordnance shall be at least sixty (60)months from the date of
Ordinance adoption. Attachment Ordinances may designate temporary or
permanent zoning classifications for each parcelof land as prescribed in Wis.
Stat. § 62.23(7)(d), The City Clerk shall file, record, or send Intermediate
Attachment Ordinances in the same manner as described under paragraph
10.01(b) above..
(e) Connection to City's Sewer System. Following attachment, properties shall
be required to connect to the City's municipal sewer system within one (1) year,
except that connection to the tarty municipal sewer system may be delayed for a
period not to exceed sixty (60) months if the property owner provides a current
evaluation of the existing private sanitary system as performed by a Licensed
Plumber or Certified Soil Tester.
(f) Attachment Ordinances of areas declared to be 'functional town islands' shall not
require the consent of owners, residents or electors.
10.03 Procedure for Town Section Attachment. Town Sections may be attached
by Attachment Ordinance adopted by a majority vote of the City of Oshkosh Common
Council as follows:
(a) Determination. City of Oshkosh Department of Community Development staff
will make an initial determination as to whether a Town Section area has
achieved 70% or more City incorporation. Town Sections are identified on
Exhibit E of this Plan.
13
(b) Public Hearing. Upon determination that an area has achieved 70% or more
City incorporation, staff will schedule a public hearing before the City of Oshkosh
Common Council to adopt a Town Section Attachment Ordinance attaching the
remaining unincorporated lands to the City. At least 30 days prior to said
hearing the City of Oshkosh shall send a meeting notice to all property owners of
record within the subject area as identified in the City's Geographic Information
System (GIS). At least 30 days prior to the hearing, the City shall also send a
meeting notice to the Town Clerk.
(c) Attachment Ordinance. The Common Council shall be required to adopt a
Town Section Attachment Ordinance. At anytime following aadoption of a
resolution declaring that a town section has achieved 70% incorporation, the
Council may adopt a Town Section Attachment Ordinance attaching said property
to the City. The effective date of said Attachment Ordinance shall be sixty (60)
months from the date of Ordinance adoption Attachment Ordinances may
designate temporary or permanent zoning classifications for each parcel of land
as prescribed in Wis. Stat. § 62.23(7)(d) The City Clerk shall file, record, or send
Intermediate Attachment Ordinances in the same manner as described under
paragraph 10.01(b) above
1. Exception. The time frame for attachment of. Town Sections 2 and 4 shall
be extended to at least ten (10)years from the time after which 70%
incorporation has been achieved`;
(d) Connection to City's Sewer System. Following attachment, properties shall
be required to connect to, the City's municipal sewer system within one (1) year,
except that connection to the City municipal sewer system may be delayed for a
period not to exceed sixty (60) months if the property owner provides a current
evaluation of the existing private sanitary system as performed by a Licensed
Plumber or Certified Sail Tester.
(f) Attachment Ordinances taking place under this Section shall not require the
consent of owners .residents or electors.
10.04 Attachments Shall Include Public Right -of -Way.
All attachments shall include to full width of abutting Town roads, except those roads
the centerline of which is part of the Boundary Line. The City may also include in such
attachments any Town road rights -of -way that abut lands previously annexed to the
City before the effective date of this Cooperative Plan, even though such inclusions will
create Town islands.
10.05 Effective Date of Attachment. Town territory in the Expansion Area included
in an attachment will be attached to the City effective at 12:01 a.m., on the next
Sunday after adoption of the Attachment Ordinance except as provided in sections
10.02, 10.03 and 11.02(c).
m1l
10.06 Immediate Attachment of Right -of -Way. Effective January 1 following
approval of this Plan by the State of Wisconsin Department of Administration, the
boundary between the City and the Town is adjusted by this Plan to attach to the City
the road rights of way identified on Exhibit K. At that time, the City Clerk shall provide
notice of the attachment as provided in section 10.01(b) above. The parties will
execute the documents necessary, as may be required by the State, to provided for the
transfer of jurisdiction.
SECTION 11
LOCAL ORDINANCES
11.01 Attached Territory. Town territory
under this Cooperative Plan shall become Cit
general ordinances on the effective date of at
es in Town rights of way and
the `City's obligations (i) to
th''Town utilities, and (iii) to
mmonly accepted practices.
SECTION 12
CURRENT LAND USE AND PHYSICAL DEVELOPMENT OF THE TERRITORY The
Town is generally located on the south side of Oshkosh. This section of the Plan
describes existing land uses within the Town, the socio-economic characteristics of the
population, and other aspects of the physical development of the area.
15
12.01 Existing Land Use and Physical Development Summary. Of the
18,471.31 acres in the Town of Black Wolf, approximately 19.04%, or 3,516.45 acres is
developed (see Table 1). Approximately 71.96% of the town's total land area, or
13,291.69 acres, is in agricultural/undeveloped use, while the remaining 8.52% of the
town's total land area, or 1,574.45 acres, is vacant and undevelopable (open water
areas, woodlands, and land within 75 feet of navigable streams)
The Protected Area covers approximately 6,496.61 acres Of that total, 13.25% is
developed. The Expansion Areas covers approximately 7,204.87 acres, of which
31.53% is developed. The Rural Preservation Area covers approximately 4,769.83
acres, of which 8.04% is developed.
Table 1 provides a comprehensive breakdown of land
and Rural Preservation Areas of the Town of Black Wol
these areas by this Plan. Based on the statistics, in T
of the land in the Expansion Area has been developed
than a fifth (19.2%) of the Protected Area. Less tha
Area has been developed. The predominant Ian
agricultural/undeveloped.
uses in the ,'Protected, Expansion,
f, and what uses would remain in
able 1, nearly one third (31.53%)
as compared to about 13% less
n 10% of the Rural Preservation
d use pattern for all areas is
16
Table 1
Existing Land Use (As of February, 2008)
Protected
Area
Expansion
Area
Rural
Preservation
Entire Town
Category
Parcels
477
Acres
6,496.61
Area
100.00
Parcels
587
Acres
7,204.87
Area
100.00
Parcels
343
Acres
4,769.83
Area
100.00
Parcels
1,405
Acres
18,471.31
Area
100.00
Total
Churches/
Cemeteries
5
160
2
2
5.86
337.56
1.50
45.50
0.09
5.20
0.02
0.70
0
187
14
3
0
447.75
57.51
101.02
0
6.21
0.80
1.40
2 467
82 jA7 43
1 1.00
2 1.98
0.10
3.09
0.02
0.04
7
429
17
7
10.54
932.74
60.01
148.50
0.06
5.05
0.32
0.80
Residential
Commercial
Industrial
Non -Metallic
Mining
11
380.72
5.86
15
334.80
4.65
0
{I �
0
26
715.53
3.87
Utility/
Public Facility
6
24.09
0.37
47
758.39
10.53
0`
0
0
53
782.48
4.24
Recreation/
Conservation
0
0
0
0
0
\0
\
2`
65.86
138
2
65.86
0.36
Undeveloped/
Agricultural
241
5,597.62
86.16
221
4,890.40
67 88
??01
4,368.88
91.59
663
14,856.90
80.43
Vacant Single
Family
6
4.62
0.07
2.69
0.02
?
2.94
0.06
15
9.24
0.05
Transportation
(Including
ROW)
44
65.59 1.01
98 S72.44 9S
46
162.77 7
3.41
188
800.79
4.34
Undeveloped
area Wetlands
N/A
437.46 673,
N/A 11113 1.54
N
62.92
1.32
N/A
611.51
3.31
Open Water/
Pools/Lakes
N/A
41.33 '\0.64
N/A 34.01 .f, 0.47
N/A
8.31
0.17
N/A
83.67
0.45
Undeveloped w/
75' navigable
stream
N/A
. ::27,97 4.2
" NSA 77.69 3.72
N/A
336.34
7.05
N/A
879.27
4.76
Developed*
230
"' 86G.82 .,,, 13.25
364 2,27191 > 31.53
135
383.71
8.04
729
3,516.45
19.04
Undeveloped
55
Developable* ,
247
4,848.48 7,3
2234,479.26 62.17
208
3,964.25
83.11
678
13,291.69
71.96
Undeveloped
Undevelo ableA
N/A
753.76 11.60
N/A412.83 5.73
N/A
407.57
8.54
N/A
1,574.45
8.52
*Include Churches,
Le5eloped Residential, Commercial, Industrial, Mining, Utility/Public Facilities, Recreation, Transportation
**Includes Agricultural=6nd Vacant Single Family
^Includes Open Water, Winds & 75' Buffer from Navigable Streams
12.02 Socio-Econonnic Characteristics of the Town. Table 2 provides a review of
the demographic characteristics of the Town of Black Wolf and City of Oshkosh based
on the 2010 Decennial Census. 2,330 people reside in the Town of Black Wolf. The
minority population within the Town is 83 people, which is .94% of the total population.
The minority population in the City of Oshkosh includes 4,577 residents, which accounts
for 7.3% of the total population.
17
Table 2
Socio-Economic Characteristics
Category City of Oshkosh Town of Black Wolf
Population 62,916 2330
Race
White 58,339 (92.7%) 2308 (99.06%)
Other 4,577 (7.3%) 22 (.94%)
(Median Household Income 1 $37,636 I $55,944 1
[Total Occupied Housing Units 24,082 911
Owner -Occupied 13,851 828
Renter -Occupied 10,231_ 83
Total Housing Units 25,420; 91
Source: U.S. Census 2000
projected into the future. M
in its population between I
digit growth in the past tv�e
e and much ,.lower number of rental housing reflects its
ai cnaracter.
akdown bf population statistics for the City of Oshkosh
Town of Black Wolf experienced significant population
1970-1980, a small decline 1980-2000, with increases
while, the City of Oshkosh experienced a 6.5% decrease
and 1980, but rebounded after 1980 to show double -
years.
12.05 Town of
Table 3
Population Chance. 1970-2000
Year
Town of Black
Wolf
% Change
City of Oshkosh
% Change
1970
1,193
53,082
1980
1,516
27.07%
49,620
-6.52%
1990
1,475
-2.70%
55,;006
10.85%
2000
1,419
-3.80%
62916
14.38%
2010
1,500
5.71%
67,757
7.69%
2020
1,594
6.27%
69,991
3.30%
The assessed value of land in the ProtectE
assessed value of land in the Expansion
land in the Rural PreservationArea is $24
****************************
Area ofthe Td
ea is :$59465,
2,600
I $38,635,600, while the
. The assessed value of
ent "Plans, The Town and City have both completed
he .State of =Wisconsin's Smart Growth legislation that
and development of properties covered by the Plan.
ature comprehensive plans of the Town and City shall
n area. The following section provides a summary of the
area covered by this Plan.
ans.
(a) The land use plans, prepared by the Town in the last eight years, which guide
land use decision -making and physical improvement projects within the Town, are as
follows:
1. The Town of Black Wolf Smart Growth Com rehensive Plan dated
October, 2003, was prepared for the Town by Omnni Associates. The Plan was
developed under the requirements of Wisconsin's Smart Growth Law (WI 1999 Act 9).
The Plan addresses the nine required elements of a comprehensive plan and includes a
series of specific implementation goals and objectives with milestone dates.
19
2. The Town of Black Wolf contains 27 registered historic structures
(according to the Wisconsin Historical Society historic places inventory).
12.06 City of Oshkosh Plans. The City has prepared a number of plans that cover
the Plan territory. These plans include the following:
(a) Urban Growth Plan — Recommendations for Peripheral Area Land Use and
Development, adopted by the City in 1990. The Plan includes.growth projections and it
included an identification of priority growth areas and recommended land uses.
(b) City of Oshkosh Comprehensive Plan, adopted by the City in 2005. The Plan was
developed under the requirements of Wisconsin's Smart Growth Law (WI 1999 Act 9).
The Plan addresses the nine required elements of acomprehensive plan and includes a
series of specific implementation goals and objectives with milestone, dates.
(c) Pedestrian and Bicycle Circulation Plan, adopted by the City in 1998. The Plan
includes a variety of recommendations aimed at improving and implementing pedestrian
circulation and trail development within the community as well as in peripheral growth
areas, including areas within the Town of ,Black Wolf
(d) Southwest Industrial Park Expansion Area Site Master Plan prepared for the City
in 2001 by Foth & Van Dyke. The Plan provides a=general strategy and guide for the
City to follow in its expansion of the Southwest Industrial Park, including into areas
within the Town of Black Wolf.
(e) Southwest Area Sanitary Sewer Study prepared for the City by Earth Tech, Inc.
in 2002. The plan provides technical data and planning recommendations to allow for
the orderly expansion of sanitary sewer facilities to areas south and west of the City
that includes lands within the expansion and buffer areas.
12.07 Coordination of Future"' Planning. This Plan will facilitate efforts to
implement a coordinated, adjusted, and harmonious development of the territory
covered by the plan, and promote consistency of future land use as the two
communities develop their own comprehensive plans. Any future land use plans or
amendments to existing plans made by either community will need to be consistent
with this Cooperative Plan.
20
SECTION 13
RELATIONSHIP OF THE COOPERATIVE PLAN TO NONPARTICIPATING
ENTITIES
Exhibit D shows the political entities within Winnebago County and their relationship to
the territory included in the Plan. There are six municipalities shown on the map. The
territory included in the Plan is adjacent to the City of Oshkosh and the Towns of Utica,
Algoma, Nekimi, and Omro. The area is covered by the Oshkosh Area School District.
Wisconsin Statute Section 66.0307 requires that any b(
under the Plan must be reasonably compatible w
surrounding community. In preparing the Plan, Oshkos
consideration the location of services that must be pr
Plan, including the transportation infrastructure, thefis
to provide the services needed, the existing ° and ult
current boundaries of the school district, and shoppirla
purposes of this section, the "surrounding community"
of the boundaries of the area included in the agreement
It is anticipated that over the plan period residential development will occur to a
substantial extent in both the Prote±±ed Area and the Expansion Area. It should also be
recognized that without a plan, residential development would still occur in the subject
areas. However, with the plan in place it will be possible to provide for a more
organized and coordinated ,"pattern of development, where basic urban services will be
provided in a more efficient and cost effective manner. Given the presumption that
significant residential development would occur in the subject areas with or without a
plan in place, it would not appear implementation of the plan would result in significant
changes in the provision of school services from that which would otherwise occur.
21
SECTION 14
SERVICES
14.01 Water. The City of Oshkosh has a central water supply system. The City's
Water Utility, which receives staff support from the Department of Public Works,
includes the community's new state-of-the-art water filtration plant between Merritt
Avenue and Washington Avenue on the shore of Lake Winnebago. The Utility maintains
a distribution system with over 300 miles of water main, which includes approximately
7,000 valves, approximately 2,410 fire hydrants, approximately 20,000 water services,
and over 22,500 water meters of various sizes.'
As annexations or attachments occur and as a
under the various attachment expansion tir
undertake the extension of water service to th
14.O2 Sanitary Sewer. The Town of Black Wolf has
no plans to establish its own wastewater collection an
since it contractually provides these functions thro
majority of parcels are served by individual on -site wa
new development occurring in the Protected Area.
in the
txpansion
City of Osh
1 Preservation Area will be
ry sewer, water and storm
receives staff support from the Department of Public
�r Treatment Plant on Campbell Road and over 267 miles
stewater Treatment Plant, which completed a $20
gned to treat a daily flow of 20 million gallons per day
ved an average of 11.1 MGD, while servicing a
,000, About 8% of the flow to the plant comes from
33 full time equivalent employees.
As annexations or attachments occur and as areas within the Town come into the City,
the City will plan for and undertake the extension of sanitary sewer service to these
expansion areas.
14.03 Stormwater. The Town of Black Wolf primarily utilizes ditches for the
conveyance of storm water. The Town of Black Wolf has formed a storm water district
to manage and control flooding, using an annual surcharge to assure continuing
funding for this purpose. New development within the Town is subject to provisions of
the Winnebago County Zoning Ordinance. The Town has also adopted the ordinances
necessary to assure the effective use of ditch drainage.
22
The City of Oshkosh has a Storm Water Utility for the purpose of managing and
maintaining its storm water facilities. The City has over 227 miles of storm sewer and
various other streams, creeks, ditches, drainage ways and detention ponds. The City's
Storm Water Utility has 7 full time equivalent employees.
The City has had a Storm Water Management and Retention Ordinance in place for a
number of years, and through its enforcement the City has been able to minimize
problems associated with storm water runoff and control.,
The Village of Van Dyne volunteer fire department serves the Town of Black Wolf. This
department provides on -call volunteer based fire and first responders service to
residents in need. The Town participates in a countywide mutual aid agreement and
also has a mutual aid agreement with the City of Oshkosh. These agreements allow the
town to call on additional service from neighboring communities, including the City of
Oshkosh, should the need ,.arise.
The fire station is located at N9515 Van Dyne Road, Van Dyne, WI. The department
has 32 trained volunteer firefighters. Since 1990, the Town has also had first responder
volunteers. Currently, the Town has 12 EMS trained first responder volunteers. These
individuals are prepared to provide initial medical assistance with appropriate
equipment until an ambulance can reach the scene.
23
The Van Dyne fire department has the following equipment: a 1250 gal/minute pumper
w/1000 gal. tank ; 1250 gal/minute pumper w/3000 gallon tank that can be used as a
pumper or tanker; a medium size four-wheel truck 1250 gallon pumper used for filling
tankers and is also used for grass fires; a trailer w/6x6 Polaris ATV (used for grass
fires); a 3000 gallon tanker for hauling water; and a rescue vehicle that responds to all
EMS calls and carries rescue equipment (e.g.2 sets of jaws, cribbing, air bags, etc.).
The Department responded to 60 fire calls and 125 EMS calls in the year 2010.
For fire -rating purposes, the Department has an automatic mutual aid agreement
w/Town of Nekimi for all structural calls. They are also paged when calls come to the
Town of Friendship and North Fond du Lac.
The fire department provides 911 based emergency service. The response time within
the Town of Black Wolf varies depending on the location of the call and the time of day.
Typical response times average between 2-3 Minutes
The City is currently protected by a full time fire department responding .from 6 fire
stations. Total staff for the department is 108. The City operates 4 front line engine
companies, 2 quints (combination engine and ladder company), 1 heavy rescue, a
grass/brush fire unit, 1 command car, and 7 paramedic ambulances (3 front line, 4
cross staffed with engine companies). The Fire department also staffs 3 airport fire
apparatus at its Wittman Regional Airport station, and 2 hazardous materials units.
Reserve equipment includes 2 engines, 2 ambulances, ,'and a variety of support vehicles.
kosh Fire Department responds to emergency
service
n
14.06 Fiscal Capacity. Town property valuation generates the second lowest per
capita tai base of all municipalities in Winnebago County and the fourth lowest overall
tax rate. The City has a diversified tax base and the attachment of lands in the
expansion area will strengthen that base.
SECTION 15
ENVIRONMENTAL EVALUATION OF THE COOPERATIVE PLAN
The City and Town have evaluated the potential environmental consequences of the
Cooperative Plan, including air and water pollution impacts, energy use and the
protection of environmentally sensitive lands. The Cooperative Plan identifies areas
which will become part of the City and be developed within the City consistent with the
City's growth and development ordinances. The Plan also identifies an area which will
remain within the Town and which will eventually be developed by the Town, consistent
with Town and County ordinances and development standards. The parties have found
no significant adverse environmental consequences of the Plan to the natural
24
environment including air and water pollution, energy use, environmentally sensitive
lands, and development outside compact urban areas that contribute to urban sprawl.
In the negotiation and preparation of this Plan, the parties considered alternatives. No
practical alternatives were discovered that would avoid or reduce adverse
environmental consequences. In particular, policies to discourage development are not
feasible as growth pressures in the southern area of Oshkosh commit this area to
urbanization due to the eastward growth restriction of Lake Winnebago and convenient
access to US 41 from the southern growth area.
15.01 Air Quality Impacts. The existing ado
recommend a significant change in the type 01
within the Town.
15.02 Water Quality Impacts. The plahs and ri
recognize and are consistent with the areawido water
Central Wisconsin Regional Planning Commissidnl
anticipated related to the Plan. As noted in Sections':
City are served by the City's sanitary ;sewer systemi
storm water regulations.
15.03 Energy Use. The C
implementation of smart grow
without the Plan.
2ring the area do not
which currently exists
and Town believe the Plan will serve to reinforce
planning principles, which should serve to create more
ment patterns overall As a result, energy use impacts
if the Plan will be comparatively lower than energy use
mert that couldf occur on a more fragmented basis
15.04 Environmentally Sensitive Lands. The City, Winnebago County, and the East
CentralWisconsin Regional Planning Commission have identified environmentally
sensitive lands in the area cowered by the Plan as shown on Exhibit L, and the Plan will
promote cooperation between the City and the Town to protect these resources.
Environmentally sensitive lands are identified and protected as part of the development
review and approval Zprocess that occurs in the City and Town. The environmentally
sensitive lands that are identified include wetlands, floodplain lands, navigable streams,
significant woodlands and steep slopes (6-12%).
15.05 Compliance with Environmental Regulations. Lands covered by this Plan
are and will remain under the jurisdiction of state and federal environmental laws and
regulations as applicable. There are relatively few lands where state shoreland zoning
jurisdiction applies and legal requirements arising from shoreland designations will be
met by the Town and City as applicable.
25
SECTION 16
HOUSING NEEDS
16.O1 Town Housing. According to the 2000 census, the Town of Black Wolf
contained 540 dwelling units, of which 455 were owner -occupied; 71 were rental; and
14 were vacant. Of these approximately 37% (201 units) are located in the Protected
Area, 44% (236 units) are located in the Expansion Area, and 19% (103 units) in the
Rural Preservation Area. In general, residential units in the expansion areas contain
some of the older single family housing stock in the Town ofBlack Wolf. Due to higher
median income levels and high home ownership rates in the. Town's protected area as
compared to the City of Oshkosh, the Town expects to have relatively few residents of
low income seeking housing opportunities.
16.02 Oshkosh Housing. The City contai
meet the various needs of its citizens. Oshkc
strategies aimed at preserving and maintaini
as promoting housing affordability, diverse
viability.
The Plan will allow the City "a
period in planning for the. del
Plan identifies prospectivE
a foundation for further
mutual public interest.
'0' bfd d spectrum Hof housing types to
's adopted Comprehensive Plan includes
the community's housing stock, as well
using opportunities, and neighborhood
y adopted plans of the City and Town, as
:ing adopted plans and future updated
development, infill development, and
Town t4 move forward with confidence over the plan
ry of municipal services to the affected territory. The
ationin the area with regard to zoning, and it provides
ation"between the City and Town in other areas of
This Plan is consistent and compatible with existing local, County, State and Federal
plans, ordinances, codes and statutes. The Plan was developed in recognition of the
multiple jurisdictions with an interest in the planning area.
SECTION 18
AUTHORIZING RESOLUTIONS, RECORD OF PUBLIC PARTICIPATION
AND COOPERATIVE PLAN ADOPTION RESOLUTIONS
18.01 Initial Authorizing Resolutions. Both the City of Oshkosh and Town of Black
Wolf adopted resolutions authorizing the initial support of a boundary agreement, with
copies located in Appendix G & H.
26
18.02 Record of Public Participation and Comment.
Public participation for this effort has included numerous public discussions and a
hearing held at the Black Wolf Town Hall on October 3, 2011. The record of this
hearing is included in Exhibit I.
18.03 Resolution Indicating Adoption and Authorizing Transmittal of the
Cooperative Plan to the State. On 2011 the City of
Oshkosh adopted a resolution to adopt the Cooperative Plan (Exhibit), and on
2011, the Town of Black Wolf adopted a resolution to
adopt the same Cooperative Boundary Plan (Exhibit).
COOPERATIVE PLAN
administered on behalf of the Town by Frank Frasetto,
:cessor to this position, or a designee approved by the
of the City by Oshkosh, by Allen Davis, Director of
ccessor to this position, or a designee approved by the
of the appointment of a designee must be given in
7 Cooperative Plan.
SECTION 21
DISPUTE RESOLUTION
In the event of a breach of this Plan or a dispute between the Parties involving the
application, interpretation or enforcement of this Plan,
a. The Parties shall meet to seek a resolution within 10 days following written notice by
one Party to the other Party of the breach or dispute.
27
b. If the issue is not resolved at such meeting or at an extension thereof mutually
agreed to by the Parties, either Party may demand mediation. The Parties shall submit
to mediation if demanded by either Party.
(1) If the Parties cannot agree on a mediator within five (5) days after the demand
for mediation, either Party may request appointment of a qualified mediator by the
State of Wisconsin — Department of Administration — Department of
Intergovernmental Relaitons.
(2) The mediation session must take place within thirty (30) days of the
appointment of the mediator.
(3) Each Party must designate a repre!
representative in the mediation of the di
(4) Each Party must provide the mediator with a bri
position with regard to the issues that need tobe r
the scheduled mediation session The Parties m
reasonably required for the medator to undersea
mediator may require any Party to supplement such
appropriate authority to be its
memorandum setting forth its
Iv d at least 10"days prior to
also produce all information
the issues presented. The
(6) The cyst of the mediator shall be borne equally by the Parties
(7) The Parties shall maintain the confidentiality of the mediation and may not rely
on, or introduce as evidence in any arbitral, judicial, or other proceeding (i) views
expressed or suggestions; made by the other Party with respect to a possible
settlement t f the dispute; (ii) admissions made by the other Party in the course of
the mediation proceedings; (iii) proposals made or views expressed by the mediator;
or (iv) the fact that the other Party had or had not indicated willingness to accept a
proposal for settlement made by the mediator.
c. In the event the issue is not resolved as a result of the meeting or mediation as
provided in paragraphs a and b, the matter shall be submitted to binding arbitration
upon written demand by either Party to the other with notice to the Municipal Boundary
Review Director of the Office of Land Information Services of the State of Wisconsin
Department of Administration of such demand. The arbitration shall be performed by a
person designated by the Director in accordance with such rules and procedures such
person may specify, subject to the terms of this Plan. In the event the Director does
28
not appoint an arbitrator within 30 days of the Director's receipt of a written request to
do so, then:
(1) The arbitration must be conducted in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") in effect at the
time of the arbitration ("Rules"), except as such Rules may be modified by this Plan.
(2) A Party desiring to submit a dispute to arbitration hereunder must file a Demand
for Arbitration ("Demand") with the AAA at its office in Chicago, Illinois. A copy of
such Demand must be sent to the other Party at the same time. The arbitration
proceeding must be conducted by a panel of three (3) arbitrators selected from a list
of qualified arbitrators supplied by the AAA. The arbitrators must be selected as
follows: Within 10 days after filing, each a arty shall appoint one (1) arbitrator
Within 10 days after they are chosen, the two arbitrators shall choose a third
arbitrator who acts as chairperson of k the arbitration proceedings. If the two
arbitrators are unable to agree upon athird arbitrator within 10 days, then the third
arbitrator shall be appointed by the AAA The arbitrators in ,the arbitration
proceeding must be individuals with the necessary expertise and competency to
pass on the matters presented for arbitration, but said arbitrators may have no
interest in or prior connection with :any Party.
(4) The site of the arbitration shall be in Winnebago County, Wisconsin, unless
otherwise agreed to by the Parties. The Parties must diligently and expeditiously
proceed with arbitration. Upon the conclusion of any hearing, the Parties shall have
30 days to submit written briefs in support of their respective positions. The
arbitrators must make an award within 45 days after the filing of such briefs, subject
to any reasonable delay due to unforeseen circumstances.
(5) Except to the extent the Parties' remedies may be limited by the terms of this
Plan, the arbitrators are empowered to award any remedy available under the laws
of the State of Wisconsin including, but not limited to, monetary damages and
specific performance. The arbitrators have no authority to award punitive or other
damages not measured by the prevailing Party's actual damages and may not, in
29
any event, make any ruling, finding, or award that does not conform to the terms
and conditions of this Plan. The award of the arbitrators must be in writing with a
statement of reasons for such award and signed by the arbitrators. A written
decision of a majority of the arbitrators is binding upon the Parties. An award
rendered by the arbitrators in an individual or consolidated arbitration may be
entered in any court having jurisdiction thereof.
(6) The arbitrators' authority is limited solely to resolving disputes under this Plan.
(7) The pendency of any arbitration hereunder does not relieve either Party of any
of its obligations under this Plan.
(8) The Parties shall share equally the fees
as all fees imposed by the AAA including,
room rentals and administrative costs. ,Eacl
responsible for its own costs and legal fees
empowered to award such costs and fees ag
an arbitration hereunder in bad faith or as of
d. Paragraphs a, b, and c of this section sj
issues specified in the introduction to this
under sec. 893.80, Stats and their rights `
except that the prohibition onourt actions
(1) Actions to enfo
(2)
during
e an arbitration awa
nctive `relief recess
ispute resolution pro
II be the exclusive method of resolving the
;ecttan and both s Parties waive their rights
seek remedies in court as to such issues
hall not aooly to
naor c;
to protect the public health, safety or
(3) Disputes involving ,a necessary hird party who refuses to consent to arbitration
as provided above; or
(4) Disputes involving a necessary third party when the Municipal Boundary Review
Director fails to aoDoint: n arbitrator.
e. In the event any ''of the entities designated to perform mediation or arbitration
services under this section ceases to exist or for some other reason cannot or does not
perform said services, the Parties shall use their best efforts to agree on a substitute to
perform the services.
30
SECTION 22
NO CHALLENGES TO THIS COOPERATIVE PLAN
a. The Parties waive all rights to challenge the validity or enforceability of this Plan or
any of its provisions or to challenge any actions taken pursuant to or in accordance with
this Plan.
b. In the event of a court action by a third party challenging the validity or
enforceability of the Plan or any of its provisions, the Parties shall fully cooperate to
vigorously defend the Plan.
(1) If only one Party is named as a party to the
intervene and the named Party shall support sc
(2) No settlement of such an action shall be perm
governing bodies of the Parties.
(3) The workload to defend the Plan shall
c. A challenge to the Plan by one of the Parties or a
Plan constitutes a breach of the Plan
SECTION 23
REMEDIES
In the event of a breach of this Plan;
other Party shall seek to
(a) Except; as limited ,by section 21 above, either Party may seek declaratory judgment
or specific performance of this Plan by court action in addition to any other remedies
available at law or in equity. No Party shall challenge the standing of the other in such
an action.
(b) The breaching Party shall ,pay the other Party's attorney fees reasonably incurred in
seeking remedies for the breach provided that the breaching party has been given
notice and a reasonable opportunity to cure the breach prior to commencement of any
proceedings for a remedy. Following the dispute resolution procedure outlined in
section 21 a and b constitutes sufficient notice and reasonable opportunity to cure
under this paragraph
SECTION 24
AMENDMENT
24.O1 The procedure for amendment of this Cooperative Plan is found in Sec.
66.0307(8), Wis. Stats.
31
24.02 In the event a change in state or federal law substantially affects this Plan,
either party may request that modifications be made to the Plan to maintain, as closely
as possible, the original terms, intent and balance of benefits and burdens of this
Cooperative Plan. In the event they are not able to reach agreement in such situation,
either the City or Town may require submission of such dispute to arbitration under
Section 21.
SECTION 25
GOOD FAITH AND FAIR DEALING
The City and the Town hereby acknowledge that this;. Cooperative Plan imposes upon
each of them a duty of good faith and fair dealing in ,its implementation.
SECTION 27
IMPLEMENTATION
The Town and the City shall each take such actions as may be necessary or desirable to
implement and effectuate the provisions and intent of this Cooperative Plan.
SECTION 28
MISCELLANEOUS INTERPRETATION
28.01 References. Any references in this Cooperative Plan to any particular agency,
organization or officials shall be interpreted as applying to any successor agency,
organization or official or to any other agency, organization or official to which
contemplated functions are transferred by statute or ordinance. Any references in this
32
Cooperative Plan to any particular statute or ordinance shall be interpreted as applying
to such statute or ordinance as recreated or amended from time to time.
28.02 Section Titles. Section and subsection titles in this Cooperative Plan are
provided for convenience only and shall not be used in interpreting this Cooperative
Plan.
28.03 Governing Law. This Cooperative Plan shall be,, governed by, construed,
interpreted and enforced in accordance with the laws of the State of Wisconsin.
28.04 Interpretation. If any term, section or other portion of this Cooperative Plan
is reviewed by an administrative agency, court, mediator, arbitrator or other judicial or
quasi-judicial entity, such entity shall treat this ;Plan as having been jointly drafted by
both the City and the Town. By the terms of this Plan, neither Party shall benefit from
not having drafted this document.
28.05 Entire Agreement. The
contained in this Cooperative Plan
and negotiations between the muni
Intergovernmental Agreement of
ambiguity in this Plan, the Intergc
interpretation of this Plan
SECTION 29
NOTICES
All notices required, by or
entire agreementof the City and -,%the Town is
nd it supercedesany and all oral representations
realities, and supe cedes and replaces that certain
ly 24 2007. However,, in the event of any
iernmental Agreement :may serve as a guide to
?lating to this .Cooperative Plan shall be in writing. Each
tothis ,Cooperative Plan by name and shall refer specifically
on(s), subsection(s), paragraph(s) or subparagraph(s) to
y such notice shall be delivered in person to the Clerk of
noticeor to the person apparently in charge of the Clerk's
ours, or shall be mailed to such Clerk by certified mail,
the Clerk's office. Each notice shall be effective upon
g, or upon actual receipt without regard to the method of
irs first.
33
IN WITNESS WHEREOF, the City and Town certify that this Cooperative Plan has
been duly approved by their respective governing bodies in accordance with State and
local laws, rules and regulations, and each has caused their duly authorized officers to
execute this Cooperative Plan on the dates written before their respective signatures.
THE CITY OF OSHKOSH, a Wisconsin Municipal Corportion
Date: 2011
City Mana
Date: ,201
By:
TO1
Dat,
By:
DatL.
By:
City
in Municiipality
Town Chairperson
Town Clerk
34
EXHIBIT A
CITY/TOWN BOUNDARY MAP
35
EXHIBIT B
PROTECTED/EXPANSION/ RURAL PRESERVATION ZONES
36
`� �
Lake
l N,
a J_
RIPPLE AVE.
,•�
Winnebago
0
0
N
O:
N
FISK
•
Undetermined
of
cc
I
Time Frame
City Expansion
Area
AVE. i
NEKIMI
AVE.
d
d'
o
0
AVE.
BLACK
VALF
AVE.
y`
Town of Black Wolf
Rural
Protected Area
�
Preservation
�
Area
o,
srq�
Q
CO
-
RD.
cc
O
_ Z
O
o
0
�I
O.
O([
u
0,
0
Z
K.
O'
AVE
LONE
aM
AVE.
Fond du Lac County
L _ l City of Oshkosh LJ Town of Neldmi EXHIBIT B
Rural Preservation Area Town of Algoma
Town of Black Wolf Protected Area Fond du Lac County Town Protected, City Expansion
Undetermined City Expansion Area & Rural Preservation Areas
N
WE
z°°�°°° City of Oshkosh / Town of Black Wolf
Feet
linch=4,000 feet Boundary Agreement
September, 2011
Sources: CRy of Oshkosh GIS, VBnnehego County WNGS Project
EXHIBIT C
TOWN OF BLACK WOLF LAND USE PLAN
37
O �. bbg
I S7 AR -' F; 5
iI8 €{
##]�
m g y J t a tt{ €$ ay'1 1111111 W RI 4
V J 4 ] ,[ kv g 3 G 6 e p gg8
N
w
EXHIBIT D
MAP SHOWING RELATIONSHIP
OFTHE
COOPERATIVE PLAN 4
TO
NONPARTICIPATING
38
EXHIBIT E
TOWN OF BLACK WOLF SECTIONS MAP
39
N
AVE
AVE
z
AVE
ec tt Section 6,
17 E T17N,R17E
RIPP A E
Lake
Winnebago
Sect\RE
Section 7,
T17N - fa7N, R17E AVE
VV,
Section 13,ction
18,
Section 17;
Section 16,
T17N, R16E7N
R17E
`T17N,R17E
T17N, R17E
NEKIMI
'
J�TV
Section 24,Section
19,
Section 20,
r Section 21,
T17N, R16E7Nd�'R17E
T17f1NR17E
T17N, R17E
BLACK
AVE.
Q-
Section 25,
Se ion 30,
Section 29, p
Section 28,
T17N, R16E
T17 '.R17,,'�
T17N, R17E
T17N,I,R17E
Section 36, 8 Seco n 3, Section 32, Section 33,
T17N, R16E T17N,R17 T17N, R17E ° T17N, R17E
Fond du Lac County
Section 34,
T17N, R17E
L___ I City of Oshkosh Town of Nekimi EXHIBIT E
Rural Preservation Area Town of Algoma
Town of Black Wolf Protected Area O Fond du Lac County Town of Black Wolf
Undetermined City Expansion Area Sections
N
wE r°°°
°°°° °°° 600° City of Oshkosh / Town of Black Wolf
Feet
s linch=4,000 feet Boundary Agreement
Sources' City of Oshkosh GIS, Wnnebego County WNGS Pmjed September, 2011
EXHIBIT F
US HIGHWAY 41
CORRIDOR OVERLAY DISTRICT MAP
THIS EXHIBIT DOES NOTwAPPLYTO THIS
COOPERATIVe PLAN —
TO BE DELETED
40
EXHIBIT G
TOWN OF BLACK WOLF RESOLUTION
AUTHORIZING SUPPORT OF BOUNDARY AGREEMENT
41
C'
Resolution 404-2011
TOWN OF BLACK WOLF
WINNEBAGO COUNTY, WISCONSIN
Town Board Resolution Approving Intergovernmental Agreement
With the City of Oshkosh and Initiating Cooperative Plan Hearing Process
WHEREAS, the Town of Black Wolf ("Town") and the City of Oshkosh ("City')
previously approved an intergovernmental agreement that provides for the orderly growth
and development with agreed -upon municipal boundaries ("Agreement"), and
WHEREAS, the parties with to initiate the Cooperative Plan process set forth in
Wis Stat Sec 66 0307
RESOLVED, that the Town Board does hereby declare its intention to participate
in the preparation of a cooperative plan pursuant to the procedures set forth in Wis Stal
Sec 66 0307 and, upon completion, to hold ajoint public hearing on the proposed
cooperative plan as required by law, and
FURTHER RESOLVED, that after the public hearing described above the Town
Board shall duly consider the comments of the public and, if appropriate, revise the
cooperative plan, and then present the final cooperative plan for action, and
FURTHER RESOLVED, that the Town Clerk and the Town Attorney are
authorized and directed to take all fUrther action required by law to accomplish the
intended purposes of these resolutions
Adopted this 13'x' day of June, 2011
TOWN OF BLACK WOLF
S'.'"..a
Attest.
& a
Ellen Chmielewski, Town Clerk
EXHIBIT H
CITY OF OSHKOSH RESOLUTION
AUTHORIZING SUPPORT OF BOUNDARY AGREEMENT
42
JUNE 14, 2011 11-245 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN
PURPOSE: AUTHORIZE PREPARATION OF COOPERATIVE PLAN WITH
THE TOWN OF BLACK WOLF
INITIATED BY: COMMUNITY DEVELOPMENT
WHERAS, the City of Oshkosh ("City") and the Town of Black Wolf previously
approved an intergovernmental agreement that provides for the orderly growth and
development within agreed -upon municipal boundaries; and
WHEREAS, the parties wish to initiate the Cooperative Plan process set forth in
Wis. Stat. § 66.0307;
NOW THEREFORE BE IT RESOLVED, that the City does hereby declare its
intention to participate in the preparation of a cooperative plan pursuant to the procedures
set forth in Wis. Stat. § 66.0307 and upon completion, to hold a joint public hearing on the
proposed cooperative plan as required by law; and
BE IT FURTHER RESOLVED, that after the public hearing described above the City
shall duly consider the comments of the public and, if appropriate, revise the cooperative
plan, and then present the final cooperative plan for action; and
BE IT FURTHER RESOLVED, that the City Clerk or the Department of Community
Development are hereby directed to mail copies of this resolution within five days of the
date of this resolution to those entities identified in § 66.0307 (4) (a) of the Wisconsin
Statutes; and
BE IT FURTHER RESOLVED, that the appropriate City officials are authorized and
directed to take all further action required by law to accomplish the intended purposed of
these resolutions.
EXHIBIT I
RECORD OF PUBLIC PARTICIPATION AND COMMENT
43
EXHIBIT J
INTERGOVERNMENTAL BOUNDARY AGREEMENT
44
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EXHIBIT K
IMMEDIATE ATTACHMENTS
(TO BE DETE
45
EXHIBIT L
ENVIRONMENTALLY SENSITIVE LANDS
46
II ' AVE.
AVE.
aIACK NV IF
Approximate Floodplain — ll', Slopes>6%
Open Water, Navigable Stream �' Wetlands
® Woodland Areas
N
0 1.000 z000 4,000 6,000
W E
Feet
n
S
o'
E
r.
Fond du Lac County
EXHIBITJ
Environmentally Sensitive Lands*
City of Oshkosh / Town of Black Wolf
Cooperative Plan
S 1 inch— 4,000 feet •SenslNeAreas include weuands, openwater, navigate streams, floodplains and steep slopes. Natural areas,
Sources: City of Oshkosh O15, Winnebago County WINGS Pmiect perks and open spaces and stonnwater drainage corridors are not present or depicted on the map. September, 2011