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.
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.
