INTERGOVERNMENTAL AGREEMENT

TOWN OF HARRISON

DESIGNEE TO ADMINISTER CALUMETCOUNTY ZONING ORDINANCE

PURPOSE: This Agreement will enable the Town of Harrison (Town) to administer and enforce county zoning in a designee capacity in the non-shoreland areas of the Town until CalumetCounty (County) completes its comprehensive revision. At that time, if the Town so chooses, it will be allowed to opt out of county non-shoreland zoning in accordance with Wisconsin Statutes in effect at the time. This contract shall terminate upon the Town opting out of County zoning.

AUTHORITY: At its February 7, 2008 meeting, the Calumet County Planning, Zoning and Farmland Preservation Committee approved Designee Status for the Town of Harrison and authorized execution of an Intergovernmental Agreement to effectuate the same. At its March 31, 2008 meeting, the Calumet County Board of Supervisors, by Resolution 2008-??, approved CalumetCounty’s participation in this Intergovernmental Agreement.

WHEREFORE, the Town of Harrison and CalumetCounty, by its Planning, Zoning and Farmland Preservation Committee hereby enter into the following Agreement this ______day of April, 2008.

Pursuant to §66.0301, Wis. Stats., and per Sections 12.01 and 12.021 of the Calumet County Zoning Ordinance, the Town of Harrison is hereby given designee status to administer and enforce the Calumet County Zoning Ordinance (ordinance), Ordinance No. 66, as currently written and per future adopted amendments and to issue all permits, after inspection, and to provide other daily administration and enforcement duties as established by said ordinance. To administer the terms of this Agreement, it is expected the Town will appoint its Planner, Road Superintendent and Building Inspector.

AFFECTED AREAS: The Town of Harrison shall have said authority only within the Town of Harrison excepting the shoreland areas. Shoreland areas shall be deemed those lands within 1000 feet of the ordinary high water mark of navigable lakes, ponds or flowages, or within 300 feet of the ordinary high water mark of navigable rivers and streams, or to the landward side of the floodplain, whichever distance is greater. CalumetCounty shall continue to administer and enforce its’ Shoreland Zoning Code within the Town of Harrison.

ASSISTANCE: The Calumet County Planning, Zoning and Land Information Department shall provide technical assistance to the Town employee hired to administer the Calumet County Zoning Ordinance in the Town of Harrison (beyond the Shoreland areas) for 30 days within the first 120 days of said employee’s first day of employment. After the 120 days the Town will be responsible for its own administration, enforcement and prosecution.

EFFECTIVE DATE: Enforcement responsibilities by the Town of Harrison and its legal counsel shall not begin until the earlier of: Such time as the Town of Harrison issues a land use permit independent of CalumetCounty staff assistance or 120 days from when said employee begins employment with the Town of Harrison.

INTERPRETATION: The Town of Harrison shall make reasonable efforts to interpret CalumetCounty’s Zoning Ordinance consistent with the County’s interpretation.

In the event the County takes issue with interpretation by the Town, the County shall notify the Town, and the parties shall meet in an attempt to resolve the issue within fifteen (15) days.

In the event the issue of interpretation cannot be resolved, the County’s interpretation shall prevail, primarily in order to maintain consistency with application throughout the County.

FEES COLLECTED: Once the Town of Harrison begins issuing land use permits independent of CalumetCounty staff assistance, all land use permit (aka “building permits”) fees shall be maintained by the Town.

MATTERS REQUIRED TO BE REFERRED TO THE COUNTY: Map amendments and text amendments (similar to statute for towns independent of county zoning) and conditional use permit applications must be referred to the County. Such proposals shall first be reviewed by the Town and then forwarded to the Calumet County Planning, Zoning and Farmland Preservation Committee for public hearing and action, and then forwarded to the Calumet County Board of Supervisors for adoption or official rejection (denial), if applicable. Variance requests and appeals from any decision of the Town designee (Code Administrator) shall be processed in accordance with the Calumet County Zoning Code before the Calumet County Zoning Board of Adjustment. Fees for the above mentioned matters are to be maintained by the County for legal notice publication, notifying neighbors, processing and meetings.

OVERLAY DISTRICTING: The County will give consideration to the Town’s review of matters in any overlay district within the Town.

FILE ACCESS: The Town of Harrison employee shall be given off site access (accessible at the Town of Harrison Town Hall) to all electronic permit files relevant to the administration and enforcement of the Calumet County Zoning Ordinance that the Calumet County Planning and Zoning Department has in electronic format. If costs are involved to secure such access, or to install additional hardware or software to make files accessible, the Town of Harrison shall pay all costs.

MEETINGS: The Calumet County Planning Director and staff (if necessary) will meet quarterly with representatives from the Town of Harrison to discuss this Agreement and the administration and enforcement of the Calumet County Zoning Ordinance.

LIABILITY: The County shall be responsible for legal challenges to the ordinance itself. The Town shall be responsible for its actions and decisions and those of its employees, agents, officers and officials arising out of the administration, enforcement and prosecution of the ordinance under this Agreement. In no way shall CalumetCounty be liable to the Town for any damages as a result of this Agreement.

Dated April ___, 2008.Dated April ___, 2008.

TOWN OF HARRISON:CALUMETCOUNTY:

______

Tracy Flucke, Town AdministratorPamela A. Captain, Interim CountyAdministrator

W5298 Hwy 114206 Court Street

Menasha, WI54952Chilton, WI53014

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