City of Franklin, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In order that adequate public lands and open space sites may be properly located and preserved as the City of Franklin develops, and in order that a portion of the cost of providing the public parkway, park, and recreation, and other public sites and facilities necessary to serve the additional number of people brought into the community by residential development may be most equitably apportioned on the basis of the additional need created by such development, the following provisions are established:
A. 
Dedication of Lands. Whenever any Subdivision or Certified Survey Map is certified, signed, acknowledged, and recorded as prescribed in § 236.29 of the Wisconsin Statutes as amended or Condominium under the provisions prescribed in Chapter 703 of the Wisconsin Statutes as amended, every donation of land to the public intended for the streets, alleys, ways, commons, or other public uses as designated on said Subdivision, Certified Survey Map, or Condominium shall be deemed sufficient conveyance to vest the fee simple title with the City of Franklin for the public benefit.
B. 
Suitability of Land for Public Use. Whenever a Certified Survey Map, Subdivision Plat, Condominium, or multiple-family dwelling development includes a proposed dedication of land to public use and it is found that such land is not required or not suitable for public use, the Plan Commission may either refuse to approve such dedication or require the rearrangement of lots in the proposed Certified Survey Map, Subdivision Plat, Condominium, or multiple-family dwelling development. (Also see § 15-5.0110 of this Ordinance.)
C. 
Size of Land for Public Use. The area of each parcel of land proposed as a dedication of land for public use shall be of such minimum dimensions, as determined by the Plan Commission, so as to be functionally usable.
D. 
Location. Whenever a Certified Survey Map, Subdivision Plat, Condominium, or multiple-family dwelling development includes a proposed dedication of land to public use said location of the proposed dedication shall be so located and sited with sensitivity to surrounding development and existing and planned land uses.
E. 
Drainageways, Stormwater Detention and Retention Basins and Other Public Ways or Public Access to Navigable Lakes or Streams.
1. 
Lands Designated to be Owned by the Public on the Adopted Comprehensive Master Plan. Whenever a tract of land to be subdivided as a Subdivision, divided by a Certified Survey Map, or developed as a Condominium includes lands designated to be owned by the public to include drainageways, stormwater detention and retention basins, and other public ways or public access to navigable lakes or streams which have been designated or graphically delineated on the adopted Comprehensive Master Plan or adopted plan components, or as required by the State of Wisconsin Department of Natural Resources under Chapter 236.16(3) as amended, or required by the City of Franklin or the appropriate municipality, said public way shall be made a part of the Subdivision Plat, Certified Survey Map, or Condominium and dedicated by the Subdivider or Condominium Developer in the location and dimensions indicated on said plan or map and as set forth in this Ordinance.
2. 
Access to Navigable Lake or Stream Required. Subdivisions or Certified Survey Maps abutting on a navigable lake or stream shall, according to the provisions of § 236.16(3) of the Wisconsin Statutes, provide access at least 60 feet wide to the low water mark so that there will be public access, which is connected to existing public roads at least at 1/2 mile intervals as measured along the lake or stream shore, except where greater intervals and wider access is approved, and excluding shore areas where public parks or open space and streets or roads on either side of a stream are provided. Such access shall be dedicated to the City of Franklin or Milwaukee County as determined by the Common Council.
F. 
Parks or Playgrounds. Whenever a tract of land to be divided by either Certified Survey Map or Subdivision Plat or developed as a Condominium within the jurisdiction of this Ordinance encompasses all or any part of a park or playground that has been designated on a duly adopted City of Franklin, Milwaukee County, or regional comprehensive plan or comprehensive plan component pursuant to Chapter 62.23(6) of the Wisconsin Statutes as amended, or City of Franklin adopted "Official Map," said park or playground shall be made a part of that Certified Survey Map, Subdivision Plat, or Condominium and dedicated or reserved by the Subdivider or Condominium Developer in the locations and dimensions indicated on said plan and according to the procedures set forth in Division 15-5.0100 of this Ordinance.
G. 
Substitution of Private Recreation and Open Space Lands for Required Public Recreational and Open Space Land Reservations or Dedications Not Permitted. The substitution of private recreation and open space lands for required public recreational and open space land reservations or dedications under this Ordinance shall not be permitted.
A. 
Declaration of Covenants and Deed Restrictions Required for Lands Designated as Private Recreation and Open Space Lands. For lands designated by a Subdivision, Certified Survey Map, or Condominium to be set aside for private recreation and/or open space use and owned and maintained by a homeowner or condominium association, the Subdivider shall file a declaration of covenants and deed restrictions with the Preliminary Plat, Certified Survey Map, or Condominium., pursuant to the requirements of §§ 15-7.0507 and 15-7.0603 of this Ordinance, that will govern said homeowner or condominium association. (Also see § 15-1.0105 of this Ordinance.)
B. 
Minimum Required Provisions of Declaration of Covenants and Deed Restrictions for Private Recreation and Open Space Lands. The provisions of said declaration of covenants and deed restrictions shall incorporate the requirement that a Wisconsin non-profit membership corporation be formed for the purpose of maintaining, improving, policing and preserving property in which its members shall have common rights of usage and enjoyment by virtue of their ownership of lots in the Subdivision, Certified Survey Map, or Condominium, and shall further include the requirements:
1. 
Corporation to be Established Before Any Lots, Building Sites or Units are Sold. That the corporation be established before any lots, building sites or units are sold.
2. 
Mandatory and Automatic Membership. That membership in the corporation be mandatory and automatic upon the purchase of a lot, building site, or unit.
3. 
Perpetual Recreation and Open Space Restrictions. The recreation and/or open space restrictions must be perpetual and not just for a period of years.
4. 
Transfer of Title to Recreation Lands, Open Space, and Facilities to be Transferred. That title to the private recreational areas, open space areas, or facilities be transferred to the corporation.
5. 
Insurance, Taxes, and Maintenance Responsibilities. That the corporation be responsible for liability insurance, property taxes and all maintenance and improvements of recreational and/or open space areas.
6. 
Powers Granted to Corporation. That the corporation have the powers granted under §§ 779.70(1) or 703.15(3) of the Wisconsin State Statutes as amended, as applicable and in particular, to levy assessments upon all properties in the Subdivision, Certified Survey Map, or Condominium for the purposes specified therein.
A. 
Installation of Street and Utility Improvements Before Final Plat Approval. Prior to the final approval and recording of any Certified Survey Map, Subdivision Final Plat, or Condominium requiring improvements located within the jurisdictional limits of this Ordinance, the Subdivider or Condominium Developer shall install street and utility improvements as hereinafter provided.
B. 
Improvement Guarantee. If such improvements are not installed as required at the time that the land division is submitted for approval, the Subdivider shall, before the recording of the plat, enter into a contract ("Subdivider's Agreement") with the City of Franklin agreeing to furnish, construct, and install the required improvements at the sole cost of the Subdivider or Condominium Developer (as applicable) and shall file with said contract a bond, irrevocable letter of credit, or a certified check, or other surety approved by the City Attorney, in the amount equal to 110% of the City Engineer's estimate as to the cost for the construction and installation of the improvements; such estimate is to be made by the Common Council after review and recommendation by the City Engineer. The purpose of the guarantee is to ensure that such improvements will be completed by the Subdivider or the Subdivider's subcontractor from the date of recording of the Certified Survey Map, Subdivision Plat, or Condominium Plat and serves as a further guarantee that all obligations to subcontractors for work on the development are satisfied. Such improvements shall be completed by the Subdivider or the Subdivider's subcontractors not later than two years from the date of recording of the Certified Survey Map, Subdivision Final Plat, or Condominium Plat.
1. 
Contracts and Contract Specifications for the Construction of Street and Utility Improvements. Contracts and contract specifications for the construction of street and utility improvements on dedicated street right-of-ways, as well as the contractors and subcontractors providing such work, shall be subject to the inspection of construction by the City or its agent and approval of the City. Unless otherwise authorized by the City Engineer, said specifications shall follow those specified in the City's "Standards and Specifications for Development."
2. 
Bond, Irrevocable Letter of Credit, or Certified Check. The bond, irrevocable letter of credit, or certified check shall meet the approval of the City Attorney prior to recording of the Certified Survey Map, Subdivision Final Plat, or Condominium. The amount of the bond, irrevocable letter of credit, or certified check shall be as determined by the City Engineer. The City Attorney may deny any surety, if in the opinion of the City Attorney, the surety does not adequately insure for construction and installation of the improvements to the satisfaction of the City.
3. 
Governmental Units. Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of the Section subject to the approval of the City Attorney.
C. 
Survey Monuments. Before final approval of any plat within the City, the Subdivider shall install survey monuments placed in accordance with the requirements of Chapter 236.15 of the Wisconsin Statutes and as may be required by the City Engineer.
D. 
Prior to acceptance of all improvements by the City Engineer, subdivider shall submit to the City Engineer as-builts of all improvements in a format as required by the City Engineer.
No land shall be subdivided for residential use which is determined to be unsuitable for such use by the Plan Commission for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or any other feature likely to be harmful to the health, safety, or welfare of either current City residents or the future residents of the proposed Subdivision, Certified Survey Map, Condominium, or of the City. In addition:
A. 
Lot Area and Elevation of the One-Hundred-Year Recurrence Interval Floodplain. No lot served by public sanitary sewer facilities shall have less than 50% of the minimum required lot size below an elevation at least two feet above the elevation of the one-hundred-year recurrence interval floodplain. Such lots shall have 100% of the minimum required lot size totally outside of the one-hundred-year recurrence interval floodplain.
B. 
Lots one acre or less in area served by on-site sanitary sewage system. No lot one acre or less in area served by an on-site sanitary sewage disposal (septic tank) system shall include floodplains.
C. 
Lots More Than One Acre in Area Served by an On-Site Sewage System. All lots more than one acre in area served by an on-site sewage disposal (septic tank) system shall contain not less than 40,000 square feet of land which is at least two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, five feet above the maximum flood of record.
D. 
Lands Made, Altered, or Filled with Non-Earth Materials. Lands made, altered, or filled with non-earth materials within the preceding 20 years shall not be divided into building sites which are to be served by on-site soil absorption sanitary sewage disposal systems.
E. 
Lands Made, Altered, or Filled with Earth. Lands made, altered, or filled with earth within the preceding seven years shall not be divided into building sites which are to be served by onsite soil absorption sanitary sewage disposal systems.
F. 
Steep Slopes. Each lot shall have a continuous area of at least 3,000 square feet which has ground slopes not exceeding 15%.
G. 
Must Meet On-Site Sewage Disposal System Requirements. Each lot or dwelling unit located in areas outside the adopted sanitary sewer service area of the Regional Water Quality Management Plan, and adopted refinements thereto, if permitted by the City, shall be capable of meeting the requirements of ILHR 83 and 85 of the Wisconsin Administrative Code and the City of Franklin and Milwaukee County regarding the construction of an on-site sewage disposal (septic tank) system. The Subdivision Plat, Certified Survey Map, or Condominium shall be approved by the City of Franklin before any lots or dwelling units are sold. In addition:
1. 
Percolation Tests. Percolation tests shall be taken on each lot prior to the sale of said lot and must be approved by the City of Franklin Engineering Department.
2. 
Soil Testers. Soil boring, percolation tests and/or other applicable tests shall be made by or under the direction and control of an architect, engineer, land surveyor, or sanitarian registered in Wisconsin, or master plumber or master plumber restricted licensed in Wisconsin to install private sewage disposal systems.
a. 
The person supervising the tests shall certify as to the correctness of procedure and results.
b. 
Blank forms supplied by the City of Franklin Inspection Department shall be used for reporting results and providing certification.
3. 
Sufficient Borings Required. Sufficient borings shall be made by the Subdivider or Condominium Developer (as applicable) in each Subdivision, Certified Survey Map, or Condominium to portray adequately the character of the soil, ground water levels, and depths to bedrock.
a. 
The borings shall be distributed as uniformly as possible and their locations shall be shown on a subdivision plan.
b. 
At least one test per two acres shall be made initially unless a detailed soil map for the areas is available, in which case at least one test per five acres shall be made initially.
c. 
When borings show marked variation in soil, depth to water or depth to bedrock, at least one boring per acre of area shall be made.
d. 
All borings shall extend to a depth of five feet, unless bedrock is at a lesser depth.
e. 
Where deep absorption systems are proposed, bore holes shall extend three feet below the expected depth of the absorption system.
H. 
Plan Commission Determination of Unsuitability of Land. The Plan Commission, in applying the provisions of this Section shall in writing, recite the particular facts upon which it bases its conclusion that the land is unsuitable to residential use and afford the Subdivider an opportunity to present evidence in rebuttal to such finding of unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify, or withdraw its determination of unsuitability.