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:
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:
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:
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.
