Town of Lisbon seeks to become Waukesha County's newest village

The town of Lisbon filed a petition to incorporate as a village on Monday, according to Waukesha County Circuit Court records.

Joseph Osterman, the current town chairman, and Matt Gehrke, former town chairman, submitted the petition. More than 400 town residents signed the petition, which circulated throughout February to support the incorporation.

A Waukesha County judge will determine whether the town's petition meets the criteria for incorporation. If it does, the petition will be reviewed by the state Department of Administration, and if it is approved, a referendum will be presented to town voters.

According to the DOA, the key factors for incorporation are that a town needs 2,500 residents, a population density of at least 500 people within any one square mile and that the town exceeds six square miles. Osterman said those requirements are met.

Incorporation timeline

A hearing is scheduled for March 28 in Waukesha County Circuit Court.

If the circuit judge approves the petition, the town board could send the application to incorporate to the DOA by April 28.

If the DOA approves the application, the town could ask the circuit court to set an election for Feb. 21, 2023, for an incorporation referendum.

If the referendum passes, the election of a new village board could take place April 4, 2023.

Why incorporate?

The primary reason for incorporation is to protect Lisbon's lands from being annexed by neighboring communities, which erodes the town's tax base, according to the town website. Additionally, villages have more zoning and extraterritorial authority, subdivision autonomy and community identity, as well as the ability to make local planning and zoning decisions.

Incorporation would also improve Lisbon's ability to attract and retain businesses, and also has the potential for an improved bond rating because of secure borders, the site noted.

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"We get to maintain our way of life (if the town becomes a village)," said Osterman. "The biggest thing is that who the people vote for makes the decisions (for a village)."

This isn't the first time the town has tried to incorporate. A 2011 petition was rejected, Osterman said.

"We think our chances are good," he said, noting that this time, Lisbon has "unanimous support" from its bordering municipalities. He said a recent boundary agreement with Sussex will be helpful in the incorporation effort.

The agreement with Sussex entails moving 49 homes from Lisbon to Sussex, a move that will be presented to affected residents on the April 5 ballot. If residents do not approve that referendum, a secondary agreement would be enacted.

Under the secondary agreement, the amount of sewer and water services Lisbon is entitled to receive from Sussex would increase, according to town documents. Other land exchanges would also take place. Town Administrator Kathy Nickolaus confirmed that Lannon Stone Co. quarries, which are currently in Sussex, would be transferred to Lisbon. Also under that agreement, about 80 acres of farmland near Highway 164 and Richmond Road would be transferred from Lisbon to Susssex.

Past incorporation efforts

This is not the first time the town has explored the possibility of incorporation.

Lisbon and Sussex explored the option of merging in the 1980s but ultimately deciding against it.

Lisbon officials revisited incorporation in 1990 but tabled it indefinitely.

In 2008, two former town supervisors and a former plan commissioner launched a petition drive to support incorporating as a village. The petition later failed.

In 2011, the state Incorporation Review Board dismissed the town's attempt at incorporation because it failed to meet all the requirements, including homogeneity and compactness of the town, the impact on the remainder of the town and the impact on the metropolitan community.

And in 2020, the state rejected required border agreements the town would have needed to incorporate.

Lisbon is the most recent town in Waukesha County to seek to incorporate, but others have successfully done so. In 2020, both the town of Waukesha and town of Vernon incorporated as villages.

Cathy Kozlowicz can be reached at 262-361-9132 or cathy.kozlowicz@jrn.com. Follow her on Twitter at @kozlowicz_cathy.

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This article originally appeared on Milwaukee Journal Sentinel: Town of Lisbon petitions to incorporate as Waukesha County village