City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
A. 
Street Layout to Conform to Official Map and/or Adopted Plans. In any new Subdivision, Certified Survey Map, or Condominium the street layout shall generally conform to the arrangement, width, and location indicated on the official map, County jurisdictional highway system plan, County Development Plan, City of Franklin Comprehensive Master Plan or plan component, detailed planning district plan, or detailed neighborhood development plan of the City.
B. 
Street Layout in Areas with No Official Map or Adopted Plans. In areas for which such plans as enumerated in Paragraph A above have not been completed, the street layout shall recognize the functional classification of the various types of streets and shall be developed and located in proper relation to existing and proposed streets, to the topography, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land to be served by such streets, and to the most advantageous development of adjoining areas.
1. 
Access to Public Streets Required. The Certified Survey Map or Subdivision shall be designed so as to provide each lot with a minimum of 60 feet frontage along a public street.
2. 
Arterial Streets. Arterial streets, as hereafter defined, shall be arranged so as to provide ready access to centers of employment, centers of governmental activity, community shopping areas, community recreation, and points beyond the boundaries of the community. They shall also be properly integrated with and related to the existing and proposed system of major streets and highways and shall be, insofar as practicable, continuous and in alignment with existing or planned streets with which they are to connect.
3. 
Collector Streets. Collector streets, as hereinafter defined, shall be arranged to provide ready collection of traffic from residential areas and conveyance of this traffic to the arterial street, major street, and highway system and shall be properly related to the mass transportation system, to special traffic generators such as schools, churches, or shopping centers, business parks, and other concentrations of population or employment and to the arterial and/or major streets to which they connect. Where neighborhoods and/or commercial activity/employment centers abut along arterial streets or highways, collector streets shall be planned to align to provide secondary interconnections between abutting neighborhoods or between abutting commercial activity/employment centers.
4. 
Minor Streets. Minor streets, as hereafter defined, shall be arranged to conform to the topography, to discourage use by through traffic to permit the design of efficient storm and sanitary sewerage systems, and to require the minimum street area necessary to provide safe and convenient access to abutting property.
5. 
Proposed Streets. Proposed streets shall extend to the boundary lines of the tract being subdivided or developed as a Condominium unless prevented by topography or other physical conditions or unless, in the opinion of the Plan Commission, such extension is not necessary or desirable for the coordination of the layout of the Subdivision or Condominium or for the advantageous development of the adjacent tracts.
6. 
Arterial Street and Highway Protection. Whenever a proposed Certified Survey Map or Subdivision contains or is adjacent to an arterial street or highway, for adequate protection of residential properties, the limitation of access and separation of through and local traffic shall be provided by reversed frontage, with screen planting contained in a nonaccess reservation along the rear property line, or by the use of frontage streets.
7. 
Stream or Lake Shores. Stream or lake shores shall have a minimum of 60 feet of public access platted to the low water mark at intervals of not more than 1/2 mile as required by § 236.16(3) of the Wisconsin Statutes.
8. 
Reserve Strips. Reserve strips, which intentionally prevent access to a public street from an abutting property, shall not be provided on any plat or Condominium to control access to streets or alleys, except where control of such strips is placed with the City under conditions approved by the Plan Commission.
9. 
Alleys. Alleys may be provided in commercial and industrial areas for off-street loading and service access if required by the Plan Commission, but shall not be approved in residential districts. Dead-end alleys shall not be approved by the Plan Commission. Alleys shall not connect to a major thoroughfare.
10. 
Street Names. Street names shall not duplicate or be similar to existing street names elsewhere in southern Milwaukee County, and existing street names shall be projected wherever possible. "Court" may be used in a street name only for cul-de-sac streets. The naming of streets shall be coordinated with the City Engineer. Street names, in general, should conform to the system set forth in Figure 15-5.0101 below.
Figure 15-5.0101
STREET NAMING SYSTEM
Whenever the proposed Subdivision, Certified Survey Map, or Condominium contains or is adjacent to a limited access highway right-of-way, the design shall provide the following treatment:
A. 
Landscape Bufferyard Easement Required. When lots within the proposed Subdivision, Certified Survey Map, or Condominium back upon the right-of-way of an existing or proposed limited access arterial street or highway, a planting strip (landscape bufferyard easement) a minimum 30 feet in depth (width), or as otherwise required by the City of Franklin Unified Development Ordinance (see Division 15-5.0300 of this Ordinance) or the Comprehensive Master Plan, shall be provided adjacent to the highway in addition to the normal lot depth. This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat:
"Landscape Bufferyard Easement: This strip is reserved for the planting of trees and shrubs; the building of structures hereon is prohibited."
B. 
Streets Serving Commercial and Industrial Properties Which Abut a Limited Access Highway. Commercial and industrial properties shall provide, on each side of a limited access highway, a minor street approximately parallel to and not less than 150 feet from the highway to serve the land between the streets and highway. This concept is illustrated in Figure 15-5.0102 below.
Figure 15-5.0102
STREETS SERVING COMMERCIAL AND INDUSTRIAL PROPERTIES WHICH ABUT A LIMITED ACCESS HIGHWAY
C. 
Streets Parallel to a Limited Access Highway Right-of-Way. Streets parallel to a limited access highway right-of-way, when intersecting a major street and highway or collector street which crosses said highway, shall be located at a minimum distance of 175 feet from said highway right-of-way. Such distance, where desirable and practicable, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.
D. 
Minor Streets Adjacent and Parallel to Arterial Streets and Highways. Minor streets immediately adjacent and parallel to arterial streets and highways shall be avoided in residential areas.
The minimum right-of-way and roadway width of all proposed streets and alleys shall be as specified on the official map, County jurisdictional highway system plan, County Development Plan, City of Franklin Comprehensive Master Plan or plan component, detailed planning district plan, or detailed neighborhood development plan, or if no width is specified therein, the minimum widths shall be as shown in Table 15-5.0103.
Street sections are for standard arterial streets only. Cross-sections for freeways, expressways, and parkways should be based upon detailed engineering studies. In addition:
A. 
Cul-de-Sac Streets.
1. 
Length. Cul-de-sac streets designed to have one end permanently closed shall not exceed 800 feet in length.
2. 
Adequate Turn-Around to be Provided. Cul-de-sac streets shall terminate in a circular turn-around having a minimum right-of-way radius of 60 feet and a minimum outside curb radius of 45 feet.
B. 
Temporary Street Termination. Temporary termination of streets longer than 250 feet intended to be extended at a later date shall be accomplished with a temporary cul-de-sac in accordance with the standards set forth above, or by the construction of a temporary 'T' § 24 feet in width and 30 feet in length (as measured from the centerline of the street right-of-way) abutting the right-of-way lines of the access street on each side. Figure 15-5.0103(B) illustrates the design of a temporary street termination. The removal of a temporary street termination shall be the full responsibility of the developer of adjoining property for which development the extension of the street is required.
Table 15-5.0103
Minimum Dimensional Design Standards for Streets and Other Public Ways
Type of Street or Other Public Way
Required Minimum Section in Urban Areas (a)
Required Minimum Section in Rural Areas (a)
Width of Dedicated Right-of-Way
(feet)
Dimensions of Section Components
(feet)
Width of Dedicated Right-of-Way
(feet)
Dimensions of Section Components
(feet)
Arterial Streets
(four-lane)
130
Pavement =Dual 36 (face of curb to face of curb)
Median =26
Curb Lawn=10 per side
Sidewalk=5
Outside Sidewalk=1
130
Pavement = Dual 24
Median=18
Shoulders =10 outside, 6 inside
Roadside Ditch=16 per side
Arterial Streets (two-lane rural to suburban to urban transitional)
130
Pavement=24
Shoulder=8 (paved)
(Note: The balance of the right-of-way is to accommodate future improvements)
100
Pavement=24
Shoulder=8 (paved)
(Note: The balance of the right-of-way is to accommodate future improvements)
Collector Street
80
Pavement =40 (face of curb to face of curb)
Curb Lawn=14 per side
Sidewalk =5
Outside Sidewalk =1
None
None
Minor Streets
(Typical for Multiple-Family Area)
66
Pavement =36 (face of curb to face of curb)
Curb Lawn =9 per side
Sidewalk = 5
Outside Sidewalk =1
None
None
Minor Streets
(Typical)
60
Pavement =28 (face of curb to face of curb)
Curb Lawn = 10 per side
Sidewalk =5
Outside Sidewalk =1
60
Pavement =24
Shoulders=5 per side
Roadside Ditch =13 per side
Minor Streets
(Difficult Site/Natural Resource Protection Option)
50
Pavement =28 (face of curb to face of curb)
Curb Lawn = 11 per side
Sidewalk = None
50
Pavement =22
Shoulders =5 per side
Roadside Ditch =9 per side
Cul-de-Sac
(turn-around)
60 radius
Pavement =45 radius (outside face of curb radius) and 21
(inside pavement radius forming planting island in center of cul-de-sac)
Curb Lawn =15
Sidewalk = None Required
60 radius
Pavement =39 radius (outside face of curb radius) and 21
(inside pavement radius forming planting island in center of cul-de-sac)
Shoulders=6
Roadside Ditches=15
Sidewalk = None Required
Alleys
25
Pavement=20
Outside Pavement=2.5 per side
Not Permitted
Not Permitted
Bicycle Path
20(b)
Pavement=10
Outside Pavement=5 per side
20(a)
Pavement =10
Outside Pavement=5 per side
Pedestrian Ways
20(b)
Pavement =5
Outside Pavement =7.5 per side
20(a)
Pavement =5
Outside Pavement =7.5 per side
Notes:
(a)
See Division 15-11.0101 for definitions of "Urban Area" and "Rural Area."
(b)
An easement may be permitted by the Plan Commission rather than a dedicated public right-of-way.
C. 
Roadway Elevations. Elevations of roadways passing through floodplain areas shall be designed in the following manner:
1. 
Freeways and arterial streets and highways shall be designed so they will not be overtopped by the one-hundred-year recurrence interval flood.
2. 
Collector and local minor land access streets shall be designed so they will not be overtopped by the ten-year recurrence interval flood.
D. 
Street Grades.
1. 
Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general leveling of the topography.
2. 
All changes in street grades shall be connected by vertical curves of a minimum length equivalent in feet to 15 times the algebraic difference in the rates of grade for arterial streets, and 0.5 this minimum for all other streets.
3. 
Unless necessitated by exceptional topography and subject to the approval of the Plan Commission, the maximum centerline grade of any street or public way shall not exceed the following:
a. 
Arterial streets: 5%.
b. 
Collector streets: 6%.
Figure 15-5.0103(B)
TEMPORARY 'T' STREET TERMINATION
c. 
Minor streets, alleys, and frontage streets: 6%.
d. 
Pedestrian ways: 8% and meeting all applicable "American with Disabilities Act (ADA) Accessibility Guidelines."
4. 
Street grades may be varied as provided for in § 15-5.0103(E) of this Ordinance, but in no case shall any street grade be permitted to exceed 8% or be less than 0.5 of 1%.
E. 
Radii of Curvature.
1. 
When a continuous street centerline deflects at any one point by more than 10°, a circular curve shall be introduced having a radius of curvature on said centerline of not less than the following:
a. 
Arterial streets and highways: 500 feet.
b. 
Collector streets: 300 feet.
c. 
Minor streets: 100 feet.
d. 
Rural and Suburban Streets: may be less than 100 feet in areas where natural resource features are to be preserved as determined by the Plan Commission.
2. 
A tangent at least 100 feet in length shall be provided between reverse curves on arterial and collector streets.
F. 
Half-Streets. Where an existing dedicated or platted half-street is adjacent to the tract being subdivided by either a Subdivision Plat or Certified Survey Map, the other half of the street shall be dedicated by the Subdivider. The platting of new half-streets shall not be permitted.
G. 
Excessive Street Right-of-Way Length to Serve Subdivision to be Avoided. The use of excessive street right-of-way length, as determined by the City Planner and/or City Engineer, to serve a subdivision shall be avoided.
Streets shall intersect each other at as nearly right angles as topography and other limiting factors of good design permit. In addition:
A. 
Maximum Number of Streets Converging at Single Intersection. The number of streets converging at one intersection shall be reduced to a minimum, preferably not more than two.
B. 
Number and Distance Between Intersections Along Arterial Streets and Highways. The number of intersections along arterial streets and highways shall be held to a minimum. Wherever practicable, the distance between such intersections shall not be less than 1,200 feet.
C. 
Continuous Alignment of Minor Streets Required at Intersections. Minor streets shall not necessarily continue across arterial or collector streets; but if the centerlines of such minor streets approach the major streets from opposite sides within 250 feet of each other, measured along the centerline of the arterial or collector street, then the location shall be adjusted so that the adjoinment across the major or collector street is continuous; thus a jog is avoided.
The widths, lengths, and shapes of blocks that are created shall be suited to the planned use of the land, zoning requirements, overall residential density, the need for convenient access, control and safety of street traffic, and the limitations and opportunities of topography. In addition:
A. 
Maximum Block Length. The length of blocks in residential areas shall not, as a general rule, be less than 600 feet nor more than 1,500 feet in length unless otherwise dictated by the City of Franklin Unified Development Ordinance, exceptional topography, natural resource features, request of the Plan Commission, or other limiting factors of good design.
B. 
Pedestrian Ways Required at Center of Blocks Over 900 Feet in Length. Pedestrian ways (easement or dedicated public right-of-way) of not less than 20 feet in width may be required near the center and entirely across any block over 900 feet in length where deemed essential by the Plan Commission to provide adequate pedestrian circulation or access to schools, parks, shopping centers, churches, or transportation facilities.
C. 
Block Width. The width of blocks shall be wide enough to provide for two tiers of lots of appropriate depth except where otherwise required to separate residential development from through traffic. Width of lots or parcels reserved or laid out for commercial or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated and the area zoning restrictions for such use.
D. 
Mid-Block Utility Easements Required. Utility easements for electric power and telephone service shall, where practical, be placed on mid-block easements along rear lot lines, unless the protection of Natural Resources require placement elsewhere. When Natural Resources to be protected are present, all utility easements shall be shown on the Final Plat of Subdivision, Certified Survey Map, or Condominium Plat prior to approval by the City.
The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. The lots should be designed to provide an aesthetically pleasing building site and a proper architectural setting for the building contemplated. In addition:
A. 
Lot Lines. Lot lines shall follow municipal boundary lines rather than cross them.
B. 
Double Frontage Lots. Double frontage and reverse frontage lots shall be prohibited except where necessary to provide separation of development from through traffic or to overcome specific disadvantages of topography and orientation.
C. 
Access. Every lot shall front or abut for a distance of at least 60 feet on a public street as measured at the right-of-way line and, in the case of a cul-de-sac, as measured at the arc.
D. 
Area and Dimensional Requirements of Lots. Areas and dimensions of all lots shall conform to the requirements of the City of Franklin Unified Development Ordinance for incorporated areas of the City of Franklin or to the applicable town or county zoning ordinance for areas within the City's extraterritorial plat review jurisdiction. Those building sites not served by a public sanitary sewage system or other approved system shall be of sufficient area to permit the use of an on-site soil absorption sewage disposal system designed in accordance with Chapters ILHR 83 and 85 of the Wisconsin Administrative Code as amended.
E. 
Lot Depth. Lots shall have a minimum lot depth of 110 feet as measured at any point from the front lot line to the rear lot line, or to any floodplain or wetland. Excessive depth of lots in relation to width shall be avoided. The preferred ratio of depth to width is two to one. Depth of lots or parcels reserved or laid out for multiple-family development, commercial, institutional, or industrial use shall be adequate to provide for off-street service and parking required by the use contemplated as set forth in Division 15-5.0200 of this Ordinance.
F. 
Lot Width. Width of lots shall conform to the requirements of the City of Franklin Unified Development Ordinance or other applicable ordinance, as measured at the front setback line.
G. 
Corner Lots. Corner lots shall have a minimum extra width as described by the lot dimensional requirements of the zoning district in which the lot is located in order to permit adequate building setbacks from side streets and shall have a minimum depth not less than 90% of the minimum required corner lot width.
H. 
Plats Abutting a Lake or Stream. In any plat abutting a lake or stream, lands lying between the meander line and the water's edge and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots, or public dedications.
I. 
Land Remnants. All land remnants below the minimum lot size shall be platted as "Outlots" which may be combined with adjacent parcels in the future.
J. 
Large Lots. Where lots are created of a size larger than the minimum lot size required by the underlying zoning district, the Plan Commission may require that the plat be so designed as to allow for the possible future resubdivision of such lots into lot sizes compatible with the underlying zoning district.
K. 
Flag Lots Prohibited. Flag-shaped lots, or lots not meeting the minimum frontage requirements of this Ordinance or where access to a public street right-of-way to such lots is by a narrow strip of land, shall not be permitted. Flag lots are where the rear of the lot is disproportionate in width to the front of the lot width without a gradual widening of the lot as the lot increase in depth (shaped like a flag with the pole being the lot frontage).
This Section sets forth vehicular access requirements for Certified Survey Maps, and Subdivision Plats, Condominiums and proposed site plans for developments which abut both arterial, collector, and minor streets. This Ordinance recognizes that public streets are a public investment which require control mechanisms in order to assure both public safety and functional capacity. Proposed development, Certified Survey Maps, Subdivision Plats, and Condominiums for residential and nonresidential uses shall meet the following requirements:
A. 
Access Standards for All Residential and Nonresidential Uses. All proposed Certified Survey Maps, Subdivision Plats, Condominiums and site plans proposed for residential and/or nonresidential uses located in residential and/or nonresidential zoning districts shall meet the following standards:
1. 
Controlled Access to Public Streets. Lot and parcel vehicular access points shall be permitted only at locations in accordance with this Ordinance and other adopted City of Franklin ordinances and plans. The Plan Commission may limit vehicular access to any adjoining arterial, collector, or minor street.
2. 
Distance Between Vehicular Access Points. The spacing of vehicular access points from arterial streets and highways to lots and parcels shall be determined as a function of arterial street and highway operating speeds.
3. 
Limitation of Access to Interstate, United States, and State Trunk Highways. No new direct vehicular access shall be allowed to interstate, United States, and state trunk highway public rights-of-way unless approved by the Wisconsin Department of Transportation, or Milwaukee County as appropriate, and the City of Franklin Plan Commission.
4. 
Temporary Access.
a. 
On City streets, the Common Council may grant temporary access to properties and require their closure when access through adjoining properties is acquired upon recommendation by the Plan Commission. Such access shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.
b. 
Temporary access to State highway rights-of-way are reviewed and may be approved by the Wisconsin Department of Transportation. It is the Subdivider's or Developer's (as applicable) responsibility to obtain all necessary approvals from the Wisconsin Department of Transportation for all such temporary access points proposed prior to Certified Survey Map, Subdivision Plat, Condominium, or site plan approval by the City.
5. 
Area Circulation Plan May Be Required. The City of Franklin Plan Commission may require the preparation of an area circulation plan for the proposed development, Certified Survey Map, Subdivision Plat, Condominium, or site plan or covering several properties in an area surrounding a proposed Certified Survey Map, Subdivision Plat, Condominium, or development. The delineation of the area for the preparation of an area circulation plan shall be determined by the Plan Commission upon recommendation of either the City Engineer or City Planner. Such a plan may require the sharing of access locations or temporary access. All landowners, except those with a previously approved Certified Survey Map, Subdivision Plat, Condominium, or site plan, shall be required to conform to such an area circulation plan once it is adopted by the Plan Commission as a component, or element, of the City of Franklin Comprehensive Master Plan. The Plan Commission may require that such an area circulation plan be prepared based upon the conduct of a traffic impact analysis conducted by a licensed professional engineer with expertise in traffic engineering. The City Engineer and City Planner shall review all such studies and assist the Plan Commission.
6. 
Vehicular Nonaccess Reservations Required. The Plan Commission may require that deed restrictions be placed on Certified Survey Maps, Subdivision Plats, Condominiums, or parcels for which a site plan is proposed in order to limit vehicular access to abutting arterial, collector, or minor streets and highways. A landscaped bufferyard of adequate opacity, determined by the Plan Commission or by Division 15-5.0300 of this Ordinance, shall be provided in vehicular nonaccess reservations along the property line abutting a public street right-of-way. In such situations, vehicular access to such lots may be provided by an abutting minor or collector street at designated access driveways. Such vehicular nonaccess reservations shall be graphically so noted on Certified Survey Maps, Subdivision Plats, Condominium Plats, site plans, or as a formal deed restriction formally filed with the Milwaukee County Register of Deeds prior to their approval by the City.
7. 
Arterial Street and Highway Access and Street Intersections. No new direct public or private access shall be permitted to an arterial street or highway within 115 feet of the intersection of the right-of-way lines of another arterial street or highway; and, where lot or parcel size permits, no new direct public or private access shall be permitted to an arterial street or highway within 500 feet of the intersection of the right-of-way lines of another arterial street unless approved by the Plan Commission.
8. 
Minor Streets and Vehicular Access Point Alignments. Minor streets and vehicular access points along both sides of a collector and/or arterial street shall be aligned to assist in reducing the number of driveways needed and to improve safety conditions related to access to the street system.
9. 
Sight Distance and Driveway Placement. Driveway placement on abutting collector and arterial streets and highways shall be such that an exiting vehicle has a safe unobstructed sight distance.
B. 
Access Standards for Nonresidential and Multiple-Family Residential Uses. All proposed Certified Survey Maps, Subdivision Plats, Condominiums, and site plans proposed for nonresidential and multiple-family residential uses located in nonresidential and/or multiple-family residential zoning districts shall meet the following standards:
1. 
Maximum Number of Vehicular Access Points Per Lot. Generally, along arterial streets and highways (including lots which abut the frontage roads of said rights-of-way), where the abutting street frontage is less than 350 feet, a maximum of one vehicular access point shall be permitted to a particular lot from each of any one or two abutting arterial streets and highways. One additional driveway entrance along a single continuous lot with frontage in excess of 400 feet may be permitted by the Plan Commission. When a shared vehicular access point is used by two or more abutting lots, said shared vehicular access point shall be considered as one single vehicular access point for each lot or parcel served.
2. 
Provision of Shared Vehicular Access Points Between Lots. Vehicular access points planned to be located along property lines, or within six feet of a property line, shall be shared vehicular access points with the abutting lot or parcel. The vehicular access point centerline may be the property line between two lots or parcels of land or may be a mutually agreed upon land access easement.
A. 
Plan Commission May Increase Minimum Required Setback Lines. Building setback lines appropriate to the location and type of development contemplated, which are more restrictive than the regulation of the zoning district in which the Subdivision, Certified Survey Map, or Condominium is located, may be required by the Plan Commission.
B. 
Minimum Required Building Setbacks from Arterial Streets and Highways. Unless a greater setback distance is specified in Divisions 15-3.0200, 15-3.0300, Division 15-3.0400, or elsewhere in this Ordinance, the minimum required setback from the ultimate right-of-way line of all arterial streets and highways (as specified by the City of Franklin Comprehensive Master Plan, Official Map, or components and/or amendments thereto) shall be 40 feet. An exception to this requirement, however, shall be that segment of W. St. Martins Road (CTH MM) within that area defined as the "Village of St. Martins" in the City of Franklin Comprehensive Master Plan.
A. 
Natural Resource Features Protection/Mitigation, Conservation, Landscape Bufferyard, and Utility Easements Required. The Plan Commission shall require natural resource features protection/mitigation, conservation, landscape bufferyard, and/or utility easements of widths deemed adequate for the intended purpose on each side of all rear lot lines and on side lot lines or across lots where necessary or advisable for natural resource feature protection, landscape bufferyards (see Division 15-5.0300 of this Ordinance), electric power and communication lines, wires, conduits, storm and sanitary sewers, and gas, water, and other utility lines.
B. 
Site, Subdivision, Certified Survey Map, or Condominium Plat Traversed by Watercourse, Drainageway Channel, or Stream. Where a site, Subdivision, Certified Survey Map, or Condominium Plat is traversed by a watercourse, drainageway channel, or stream, an adequate drainageway or easement shall be provided as may be required by the City Engineer. The location, width, alignment, and improvement of such drainageway or easement shall be subject to the approval of the Plan Commission, and parallel streets or parkways may be required in connection therewith. Where necessary, stormwater drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. These design details are subject to review and approval by the City Engineer.
C. 
Minimum Width Required for All Utility Easements. All utility easements shall be a minimum of 12 feet in width or wider where recommended by the City Engineer.
In order that sites for public open spaces and parks, playgrounds and other recreational and municipal facilities may be properly located and preserved as the City of Franklin develops, and in order that the cost of providing public park and recreation sites and facilities necessary to serve the additional families brought into the City by Certified Survey Map, Subdivision, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family development may be most equitably apportioned on the basis of the additional need created by the individual Certified Survey Map, Subdivision, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family development, and pursuant to §§ 236.45(1) and 62.23(7) of the Wisconsin Statutes, the following provisions are established:
A. 
Reservation and/or Dedication of Suitable Sites of Adequate Area for Parks and Playgrounds. In the design of a Subdivision Plat, Certified Survey Map, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development zoned for agricultural or residential uses, due consideration shall be given to the reservation and/or dedication of suitable sites of adequate area for parks and playgrounds.
1. 
If designated on the County development plan or element thereof, City of Franklin Comprehensive Master Plan, plan component, official map, or component detailed planning district plan or neighborhood or subarea development plan, such park areas shall be made a part of the Certified Survey Map, Subdivision Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development.
2. 
If not so designated, consideration shall be given in the location of such sites to the preservation of scenic and historic sites, young or mature woodlands, wetlands, lakes and ponds, watercourses, watersheds, drainageways, steep slopes, and ravines.
B. 
Selection of Options. The Plan Commission shall, at the time of reviewing the Certified Survey Map, Preliminary Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development, recommend to the Common Council one of the following options. The Common Council, at the time of reviewing the development and after reviewing the recommendation of the Plan Commission, shall select one of the following options and incorporate same into any approval granted:
1. 
Dedicate open space lands designated on the County development plan or component thereof, City of Franklin Comprehensive Master Plan or plan component; or
2. 
Reserve such open space lands and require a Park, Playground and Other Recreational Facility development fee payment pursuant to Division 15-5.0110(F)(4); or
3. 
Where no open space lands are directly involved, require a Park, Playground and Other Recreational Facility development fee payment pursuant to Division 15-5.0110(F)(4).
C. 
Exemptions. Subject to the requirements and provisions of, Division 15-5.0110(F)(4), where a lot, parcel or dwelling unit for which dedication or fee in lieu of dedication has once been paid is further divided or additional dwelling units created, dedication or payment in lieu of dedication shall be required only for the additional lots, parcels, or dwelling units created. No lot or dwelling unit which is fully developed for residential purposes at the time of the creation of the Subdivision, Certified Survey Map, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development shall be required to pay a Park, Playground and Other Recreational Facility development fee. Lots or parcels designated as "outlots," as defined by this Ordinance, shall not be counted as lots or parcels for which a land dedication is required or to provide a fee in lieu of dedication. Lots or parcels designated as "outlots" may, however, be dedicated or reserved as public sites as long as their intended public use is so designated on the face of the Subdivision Plat, Certified Survey Map, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development.
D. 
Dedication/Reservation of Site Option.
1. 
Determination of the Amount of Land to be Dedicated. Whenever a proposed playground, park, or other public recreational or open space land designated on the County's development plan or element thereof, City of Franklin Comprehensive Master Plan, detailed planning district or neighborhood development or subarea plan, or other comprehensive plan component is encompassed, all or in part, within a tract of land to be divided by either a Certified Survey Map or Subdivision Plat or is a part of a Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple- family dwelling development, the publicly designated lands shall be made a part of the Certified Survey Map, Preliminary Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development and shall be dedicated to the public by the Subdivider or "Developer".
2. 
Dedication of Land.
a. 
Where land has been required by the Plan Commission to be reserved or when the Developer owns other land that has been determined by the Plan Commission to be acceptable for park open space and recreation purposes, the Developer may be required to dedicate such land.
b. 
The representative cash value of the land to be dedicated shall be determined by the City and Developer on the basis of full and fair market value of the land to be dedicated. If the value of such land cannot be determined satisfactorily by the City and the Developer, an appraisal board consisting of one appraiser selected by the City at its own expense, one selected by the Subdivider or Developer at his own expense, and a third selected by the other two appraisers at City expense, shall determine the value upon a consensus of a majority of the board. If a majority determination is not made by the appraisal board within 45 days of the date of selection of the third appraiser, the average of the three appraisals shall be the value. If such determination is not made prior to the time required for the payment of fees under Division 15-5.0110(F)(4), such fees shall be paid as required for other development facilities under Division 15-5.0110(F)(5)(b);
c. 
The determination as to the feasibility of dedication shall be made by the Plan Commission.
3. 
Maximum Period of Land Reservation. Any such proposed lands in excess of the rate established herein shall be reserved for a period not to exceed five years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices. If the lands in excess of the established rate are not acquired within the five-year period as set forth herein, the land will be released from reservation to the property owner. If the parties are unable to agree on an acquisition price for said reserved lands, either party may commence an action for declaratory judgment to determine the fair market value of such property and to compel conveyance accordingly; the filing of such action shall toll the expiration of the five-year time period.
4. 
Stormwater Detention/Retention Areas or Basins, Wetlands, Shoreland Wetlands, and/or Floodplains Not Qualified for Meeting Land Area Requirements. Areas used or required for stormwater detention or retention areas or basins, wetlands, shoreland wetlands, and/or floodplains shall not qualify for meeting the land area requirements set forth herein for the dedication of suitable public outdoor recreation lands. If such sites are dedicated for public use, they shall be in addition to suitable land area that meets the land area dedication requirements set forth herein.
E. 
Reservation of Site Options. Whenever a proposed playground, park, or other public open space land designated on the County's development plan or element thereof, City of Franklin Comprehensive Master Plan, detailed planning district, neighborhood or subarea development plan, or other comprehensive plan component is encompassed, all or in part, within a tract of land to be divided by either a Certified Survey Map or Subdivision Plat or is a part of a Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development, and whenever the Developer is given the option to dedicate or reserve public sites and open spaces by the Plan Commission, the public lands shall be made a part of the Certified Survey Map, Preliminary Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development and reserved for a period not to exceed five years, unless extended by mutual agreement, for purchase by the public agency having jurisdiction at undeveloped land prices.
1. 
For reserved lands, restrictive covenants shall be placed on plats identifying the outlots reserved along with the date of release from the restrictions.
2. 
Reserved lands will be released from reservation to the owner if the lands in excess of the established rate are not acquired within the five-year period.
F. 
Fire Protection, Law Enforcement, Library and Emergency Medical. In order that sites for fire protection, law enforcement, library and emergency medical may be property located and preserved as the community develops, and in order that the cost of providing fire protection, law enforcement, library and emergency medical and park, playground and other recreational facilities, necessary to serve the additional families brought into the community by subdivision development and development occurring from residential special use, residential and mixed use residential Planned Development District and multiple-family approvals, may be most equitably apportioned on the basis of the additional need created by such development, and pursuant to § 236.45(1) and § 62.23(7), WI Stats., the following provisions are established:
1. 
Reservation of Potential Future Sites. In the design of the plat, consideration shall be given to the adequate provision of, and correlation with fire protection, law enforcement, library and emergency medical sites and facilities.
2. 
Reservation Timeframe. When it is determined by the Plan Commission that a portion of the plat is required by such future fire protection, law enforcement, library and emergency medical sites and facilities, the developer may be required to reserve such area for not more than five years, during which the City shall either acquire the property or release the reservation. If the parties are unable to agree on an acquisition price, either party may commence an action for declaratory judgment to determine the fair market value of such property and to compel conveyance accordingly; the filing of such action shall toll the expiration of the five-year time period.
3. 
Fire Protection, Law Enforcement, Library and Emergency Medical and Park, Playground and Other Recreational Sites and Facilities Development Fee Obligation.
a. 
Within the jurisdiction as set forth in Division 15.2.0102 of this Code, the developer shall pay a fee to the City to provide for land and facilities to meet the fire protection, law enforcement, library and emergency medical and park, playground and other recreational needs of the development except as provided in Divisions 15-5.0110C and (D)(2)(b) as they pertain to Park, Playground and Other Recreational Sites and Facilities and Division 15-5.0110(F)(4)(a).
b. 
The amount of the fee to be paid shall be in the respective amounts per dwelling unit to be provided, added, or created by the proposed development, as follows:
Park, Playground and Other Recreational Facilities
$296
Fire Protection
$311
Law Enforcement
$216
Emergency Medical
$36
Library
$33
See Division 15-5.0110(F)(7) for adjustments to the fee amounts.
c. 
The fee shall be imposed as a condition of approval of any final plat or certified survey map and development occurring from residential special use, residential and mixed use, residential Planned Development District and multiple- family approvals, and the payment thereof shall be made to the City prior to the issuance of building permits.
d. 
Such fees collected shall be placed in a special fund for sites and facilities development, which shall be separate from the general fund of the City, and said special fund and all interest earned thereon shall be exclusively for the acquisition and capital improvement of fire protection, law enforcement, library and emergency medical sites and facilities within the City.
e. 
When a lot or parcel for which payment has once been made is further divided, payment shall be required only for the additional lot(s) or parcel(s) created.
f. 
No payment shall be required on any outlot or lot which supports a residential structure existing prior to the approval of the final plat or certified survey map.
g. 
Such fees shall be expended by the City for the aforesaid purpose within 10 years of the date of payment or such fee amount paid shall be refunded to the then owner(s) of the property upon which such fee was collected.
4. 
Dedication of Land.
a. 
Where land has been required to be reserved pursuant to Division 15-5.0110(F)(1) above, or when the developer owns other land that has been determined by the Plan Commission to be acceptable for park, playground and other recreational sites and facilities purposes, the developer may be required to dedicate such land as part of the fee payment.
b. 
The representative cash value of the land to be dedicated shall be determined by the City and developer on the basis of full and fair market value of the land to be dedicated. If the value of such land cannot be determined satisfactorily by the City and the developer, an appraisal board consisting of one appraiser selected by the City at its own expense, one selected by the other two appraisers at City expense, shall determine the value upon a consensus of a majority of the board. If a majority determination is not made by the appraisal board within 45 days of the date of selection of the third appraiser, the average of the three appraisals shall be the value. If such determination is not made prior to the time required for the payment of fees under this section, such fees shall be paid as required, subject to a credit refund to be made upon the value determination. Any credit or credit refund hereunder shall be granted to the fee payor(s) obligation, determined by the proportion of the total credit to the total fee obligation to be imposed upon the proposal development.
c. 
The determination as to feasibility of dedication shall be made by the Plan Commission.
5. 
Development Fee Deduction. Any development fee imposed under this section shall be reduced to compensate for capital costs otherwise imposed and collected by the City, upon the land development subject to this section for the same public facilities for which development fee has been imposed under this section, including by way of special assessments, special charges, impact fees or any other items of value. Development fees imposed under this section shall also be reduced to compensate for monies received from the Federal or State Government specifically to provide or pay for the public facilities for which the development fees under this division are imposed. The payment of a development fee imposed under § 30.09 of the municipal Code, as amended, for any site or facility for which a development fee is imposed under this division shall satisfy such development fee obligation under this section.
6. 
Development Fee Administration and Review. All fees collected and special accounts maintained under this section, shall be subject to administration by the City Business Administrator. Commencing upon the effective date of this section, the City Business Administrator shall report annually to the Common Council with regard to all deposits, withdrawals and fund balances in these accounts. The purpose of the annual report is to provide the Common Council with information necessary to determine that all funds collected are spent within the time required for the purposed intended and that the amount of fees imposed continues to represent an equitable and reasonable apportionment of the cost of public improvements and requirements generated by land development. Upon such considerations and for such purposes, the Common Council may make reasonable adjustments to the amount of such fees and determine whether there exists any reasonable need for refund of fees previously collected. The development fees imposed under this division shall be adjusted annually each December, with any adjustment to be effective on the January 1 next following, upon and equal to any change from one year prior in the latest available Engineering News Record Construction Cost Index — Chicago/Minneapolis Average, 1913 Base. The City Business Administrator or designee shall determine and make such adjustment and maintain a copy of the index upon which such adjustment was made in the Office of the City Clerk.
7. 
Appeal. Any developer, upon whom development fee is imposed under this section, shall have the right to contest the amount, collection or use of the development fee to the Common Council, provided that the developer files a written notice of appeal in the City Clerk's Office within 15 days of the development approval upon which the impact fee is imposed. Such notice of appeal shall be entitled "Notice of Appeal of Development Fee" and shall state the developer's name, address, telephone number, and legal description of the land development upon which the development fee is imposed, and a statement of the nature of and reasons for the appeal. The Business Administrator shall schedule the appeal for consideration by the Common Council at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the developer of the time, date and place of such meeting in writing by regular mail, deposited in the mail no later than at least three days before the date of such meeting. Upon review of such appeal, the Common Council may adjust the amount, collection or use of the development fee upon just and reasonable cause shown.
G. 
Suitability.
1. 
The location and suitability of all land to be dedicated are subject to review and final acceptance by City of Franklin or the municipality or town in which the lands are located.
2. 
Lands unsuitable for residential development or conventional construction methods may be dedicated to fulfill required obligations only upon written approval by the City of Franklin Common Council or the appropriate municipality.
H. 
Public Pedestrian Access.
1. 
In addition to those requirements set forth under Division 15-2.0301(E) of this Ordinance, where a Certified Survey Map, Preliminary Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development abuts a public use area, such as a park, lake, stream, hunting grounds, or any similar type of public recreational area, the Developer, at the option of the City of Franklin and/or the appropriate municipality shall provide a pedestrian access easement at least 20 feet wide at approved distance intervals connecting such public area with a public street.
2. 
If it is deemed to be in the public interest by City of Franklin or the appropriate municipality to reserve additional area for proper development of the public access thoroughfare, the Developer of a Certified Survey Map, Preliminary Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development, shall reserve for acquisition by the City of Franklin or the municipality in which the land is located, a tract of land adjacent to the thoroughfare which, in the judgment of the City of Franklin or the appropriate municipality, will adequately serve the public interest. Such tract shall be reserved for a period of five years from the date of recordation of the Certified Survey Map, Final Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family development and if not acquired within that time, it shall be released to the owner.
3. 
The dedication of land for public purposes, such as parkways or recreational corridors, parks, playgrounds, open space sites, right-of-ways, or easements, becomes effective at the time of approval and/or recording of Certified Survey Map, Preliminary Plat, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development.
4. 
On lands reserved for eventual public acquisition, no building or development is permitted during the period of reservation.
a. 
The reservation period shall not be longer than five years unless arranged otherwise with the Subdivider.
b. 
Land so reserved must be clearly delineated and dimensioned (including square footage or acreage) on the Final Plat, Certified Survey Map, Condominium, site plan for residential special use, site plan for residential PDD Planned Development District, and site plan for residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development plans.
I. 
Minimum Site Preparation Required of Dedicated Public Sites. When public sites are dedicated as public sites, as described herein, the Developer shall, at a minimum, be required to:
1. 
Properly grade and contour the public site for proper drainage and for the anticipated use of the area.
2. 
Cover areas to be seeded with a minimum of four inches of quality topsoil. Said topsoil furnished for the park site shall consist of natural loam, sandy loam, silt loam, silty clay loam, or clay loam humus-bearing soils adapted to the sustenance of plant life, and such topsoil shall be neither excessively acid nor excessively alkaline.
3. 
Provide such improvements to the public site as may be agreed upon and as set forth in the "Subdivider's Agreement" between the City and the Developer.
4. 
If the Developer fails to satisfy the requirements of this Section, the Common Council may take the appropriate action to satisfy the requirements and bill such costs to the Developer following written notice to the Developer of noncompliance. Failure of the Developer to pay such costs may result in the immediate withholding of all Building Permits for the Subdivision, Certified Survey Map, Condominium, any residential special use, any residential PDD Planned Development District, and residential uses in a mixed PDD Planned Development District, or multiple-family dwelling development until such costs are paid.
To properly locate and preserve sites for public schools as the City develops on the basis of the additional need created by the individual Certified Survey map, Subdivision Plat, or Condominium, the following provisions are established:
A. 
Reservation of Potential Future School Sites.
1. 
In designing the Certified Survey Map, Subdivision Plat, or Condominium, consideration shall be given to the adequate provision of, and correlation with, public school sites.
2. 
When a Certified Survey Map, Subdivision Plat, or Condominium, is filed with the City for approval, the Zoning Administrator shall notify Franklin Public Schools and when it is determined by the School Board of Franklin Public Schools that a portion of the Certified Survey Map, Subdivision Plat, or Condominium, is required for such future school sites, or that the Plan Commission determines that a portion of the Certified Survey Map, Subdivision Plat, or Condominium, is so required under the City of Franklin Comprehensive Master Plan, the Subdivider or Condominium Developer (as applicable) may be required to reserve such area for not more than five years, during which Franklin Public Schools, through the City, shall either acquire the property or release the reservation. If the parties are unable to agree on an acquisition price, either party may commence an action for declaratory judgment to determine the fair market value of such property and to compel conveyance accordingly; the filing of such action shall toll the expiration of the five-year time period.
B. 
Dedication of Land.
1. 
Where land has been required to be reserved pursuant to § 15-5.0111(A) above, or when the Subdivider or Developer (as applicable) owns other land that has been determined by the Plan Commission and Franklin Public Schools to be acceptable for school site purposes, the Subdivider or Condominium Developer (as applicable) may be required to dedicate such land.
2. 
The representative cash value of the land to be dedicated shall be determined by the City and Subdivider or Condominium Developer (as applicable) on the basis of full and fair market value of the land to be dedicated. If the value of such land cannot be determined satisfactorily by the City and the Subdivider or Condominium Developer (as applicable), an appraisal board consisting of one appraiser selected by the City at its own expense, one selected by the Subdivider or Condominium Developer (as applicable) at his own expense, and a third selected by the other two appraisers at City expense, shall determine the value upon a consensus of a majority of the Plan Commission. If a majority determination is not made by the appraisal board within 45 days of the date of selection of the third appraiser, the average of the three appraisals shall be the value.
3. 
The determination as to the feasibility of dedication shall be made by the Plan Commission.