Incorporation

INCORPORATION

On March 23, 2018 a pair of Town residents filed a notice of intent to circulate a petition to incorporate the Town of Greenville.  A petition began circulating on April 3, 2018 and was filed with the Town Clerk on April 12, 2018.  The petition will be filed with the Circuit Court in accordance with Wisconsin State Statutes.   The Town of Greenville has developed the following page dedicated toward informing the public of the Town's incorporation efforts.  Updates to the incorporation process will be posted here as they become available.

The Wisconsin Department of Administration’s Incorporation Review Board met on August 14, 2019  to deliberate on a proposed determination for the incorporation petition of the Town of Greenville.  The Board agreed to dismiss the petition as presented with the recommendation that a new petition be submitted to include less territory as specified in the Board’s findings and determination.  The Incorporation Review Board granted a 12-month extension to Greenville to submit a new petition with a revised boundary map which should include less territory.  The extension also waived the submission fee of $25,000.

The Town resubmitted a revised boundary and submission on January 20, 2020.  After six months of review, on July 21, 2020, the Department of Administration (DOA) Incorporation Review Board officially approved the Town of Greenville incorporation petition by publishing their final determination report indicating the following:

In summary, it is the DETERMINATION OF THE INCORPORATION REVIEW BOARD that when considering the petition under Section 66.0207, Wis. Stats.:

• STANDARD 1 (a), Homogeneity and Compactness – Met
• STANDARD 1 (b), Territory Beyond the Core – Met
• STANDARD 2 (a), Tax Revenue – Met
• STANDARD 2 (b), Level of Services – Met
• STANDARD 2 (c), Impact on the Remainder of the Town – Met
• STANDARD 2 (d), Impact on the Metropolitan Community – Met

The facts and analysis supporting these findings are discussed in the body of this determination.  The Determination of the Incorporation Review Board to the Circuit Court, as prescribed by s. 66.0203 (9) (e) 3, Wis.Stats., is as follows:   The Petition as submitted is granted.

A copy of the complete Determination Report.

The petitioners and the Town Board initially attempted to incorporate the entire Town of Greenville.  Unfortunately, we were unsuccessful in this pursuit.  The original petition did not meet two of the Statutory standards for “Compactness & Homogeneity” and “Territory Beyond the Core”.

Resubmitting a new petition would initially create a separate Town and Village of Greenville.  However, should the incorporation pass, the remaining Town could be reunited with the newly formed village via an Intergovernmental Cooperation Agreement between the remnant Town and newly formed Village.  This act would be similar to the incorporation of the Town of Menasha to the Village of Fox Crossing.  This process does add some complexity and can be confusing to many.  Because of this complexity, we attempted to incorporate the entire Town at once.

What is incorporation?
Municipal incorporation is the process of creating new villages and cities from town territory. It is regulated under Wisconsin Statutes Chapter 66 General Municipality Law (s. 66.0201).

What is the process for incorporation?
The Greenville incorporation process involves the following:

• Petition signed by area residents and freeholders (Filed with Circuit Court).
• Notice of Circuit Court review (Scheduled Hearing  August 29, 2018.  Oral Ruling in favor of petition was held on October 18, 2018).

• Original Submittal in Support of the Incorporation of the Village of Greenville, WI.
• Incorporation Review Board reviewed the original Submittal in Support of the Incorporation of the Village of Greenville, WI.
• A public hearing was held April 29, 2019 from 3-7pm at Greenville Town Hall.  The following presentation was provided in support of the incorporation of the Village of Greenville.  Potential involvement of neighboring municipalities who may support or oppose the proposed incorporation are invited to present information.
  
• A second public hearing was held on July 23, 2019 in Madison, Wisconsin.
• Incorporation Review Board Determination was issued on August 29, 2019 dismissing the petition as presented with the recommendation that a new petition be submitted to include less territory as specified in the Board’s findings and determination.

• Resubmittal in Support of the Incorporation of the Village of Greenville, WI (revised territory).
• Incorporation Review Board review of revised Submittal in Support of the Incorporation of the Village of Greenville, WI.
• Incorporation Review Board Determination was issued on July 21, 2020, granting the petition as submitted.
• Referendum vote by residents - Ordered for November 3, 2020. Referendum vote approves the change from a town to a village by a 3 to 1 vote.
• Incorporation certificate from the Department of Administration, if the above steps in the process are met.
• January 12, 2021 the certificate from the Department of Administration is received.

The Wisconsin Department of Administration provides the following Incorporation Flow Chart as a reference for the timing and elements of the incorporation process.

More specifically, the incorporation process begins with a pair of citizens' intention to circulate a petition for incorporation.  The intent to circulate a petition must be published as a class 1 notice.   A petition is then drawn up and circulated for signatures. The petition must designate a representative of the petitioners and an alternate. After enough signatures are gathered, the petition must be filed with the circuit court along with proof of publication. The circuit court then conducts a hearing on the petition. The court determines whether certain statutory standards are met, and whether any parties are entitled to intervene in the incorporation proceedings. If the court determines the map, legal description, population, and area standards are met, the petition is referred to the Department of Administration for analysis of the proposed incorporation. The Department may hold a public hearing on the petition if one is requested by any party of interest. The Department of Administration analysis is a critical part of the incorporation process. The Department is required to determine whether the proposed incorporation meets certain standards.  These standards include:

• Characteristics of the Territory
• Territory Beyond the Core
• Tax Revenue.
• Level of Services
• Impact on the Remainder of the Town
• Impact on the Metropolitan Community

If the Department of Administration approves the Incorporation petition, there would be a referendum to determine whether the Incorporation is approved by the voters within the area of the proposed incorporation.

Submittal in Support of the Incorporation of the Village of Greenville, WI (As of 1/20/2020)

Resubmittal in Support of the Incorporation of the Village of Greenville, WI

Map 1-01| Proposed Village
Map 1-02 |Aerial & Proposed Village
Map 1-03 |Metropolitan Community
Map 1-04 |Population Density Distribution
Map 1-05 |Population County by Census Tract Block
Map 1-06 |Urbanized Area
Map 1-07 |Tax Incremental Finance District
Map 1-08 |Commercial Industrial Economic Activities
Map 1-09 |Existing Land Use 2017
Map 1-10 |Housing County by Census Tract Block
Map 1-11 |Farmland Soil Classification
Map 1-12 |Agricultural Enterprise Area
Map 1-13 |Topography
Map 1-14 |Navigable Streams
Map 1-15 |Watersheds
Map 1-16 |Wetlands
Map 1-17 |Existing and Future Parks & Trails
Map 1-18 |School Districts
Map 1-19 |Zoning
Map 1-20 |Urbanized Subdivisions and Business Parks
Map 1-21 |Lands for Sale or Land Ready to Develop
Map 1-22 |Future Land Use
Map 1-23 |Functional Classification
Map 1-24 |Future Roads
Map 1-25 |Valley Transit
Map 1-26 |Sanitary District #2 Service Area
Map 1-27 |Stormwater Management Plan & MS4 Area
Map 1-28 |Sanitary District #1 & Sewer Service Area
Map 1-29 |Growth Areas in Intergovernmental Boundary Agreements
Map 1-30 |WIDNR Landfills and Contaminated & Cleaned Up Sites
Map 2-01 |MABAS & Auto Aid Coverage
Map 2-02 |Fox West Sewer Service Area
Map 3-01 |Sanitary District #1 Sanitary System
Map 3-02 |Sanitary District #1 Water System
Map 3-03 |Growth Areas in Intergovernmental Services Agreements

Where can I find more information about incorporation?
Here are some helpful links which will provide additional information on incorporation:

• Wisconsin Department of Administration Incorporation Review Board– This page contains several links of general information related to the incorporation process and past and present incorporation petitions throughout the state.
• Incorporation Process Flow Chart
• Presentation on Incorporation to Town Board on March 26, 2018.

Why incorporate the Town of Greenville?

1. Preserve the Town of Greenville’s Identity and Character;
2. Make Local Planning & Zoning Decisions and Improve Our Ability to Attract and Retain Businesses;
3. Preserve Greenville’s Borders and Protect the Future of Our Community;
4. Attract and Retain Businesses to the Region and Promote Infrastructure Improvement;
5. Have the Ability to Be More Fiscally Sound and Finance Projects More Efficiently and Effectively;
6. Ability to Receive a Better Bond Rating;
7. Villages and Cities Have More Access to State and Federal Aids, Grants and Shared Revenues than Towns.

Questions, comments, or concerns can be directed to Interim Administrator Darrell Hofland.  Darrel can be reached at (920) 757-5151 Ext. 1000.