City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Ch. 30 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 118.
Filling and grading — See Ch. 129.
Historic preservation — See Ch. 151.
Housing standards — See Ch. 154.
Land disturbances — See Ch. 165.
Plumbing standards — See Ch. 190.
Sewers and water — See Ch. 207.
Streets and sidewalks — See Ch. 222.
A. 
General.
(1) 
Building sites shall be so designed, developed and improved as to result in the minimum disruption of the natural terrain, flora, fauna and water regimen; excavation, grading, cutting and filling shall be directly related to the construction of public rights-of-way, private driveways and building foundations; and natural drainage patterns shall not be altered so as to divert water onto adjoining properties.
(2) 
Certification of the grade and certification of the proper location of the footings and foundation in relation thereto of any principal structure upon any parcel of land which is the subject of a building permit for such principal structure, certified by a registered surveyor, shall be required and provided by the developer and/or owner and/or contractor of such parcel prior to commencement of the construction of such footings and foundation.
[Added 5-18-2010 by Ord. No. 2010-1999]
B. 
Erosion control. All grading, excavations, open cuts and other land surface and subsurface disturbances shall be so mulched, seeded, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented during and after site development.
C. 
Existing flora.
(1) 
Every effort shall be made to protect all existing trees, shrubbery and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, pathways and trails.
(2) 
Such trees are to be protected and preserved during construction in accordance with sound conservation practices, including the preservation of trees by well islands or retaining walls whenever abutting grades are altered.
D. 
Drainage. All excavations or changes in the natural terrain shall be provided with adequate drainage so as to prevent ponding.
E. 
Grade alterations.
(1) 
Any lot or lots, building sites or lands whose natural surface has been disturbed or altered by filling, cutting or a combination of cutting and filling shall be restored to its original grade or to its final proposed grade within 60 days after such operations were commenced unless a greater time limit is allowed by the Council upon written application by the owner or his or her agent requesting an extension of time to complete the grading.
(2) 
If any lot or lots, building site or sites or lands has had its natural surface altered by cutting or filling or the combination of cutting and filling prior to the effective date of this chapter and such lands have not been restored to their original grade or proposed grade, such lands must be graded, restored to their original grade or to the proposed grade and covered with permanent vegetation as provided for in Subsection B within 30 days after receipt of written notice or order from the Building Inspector or City Engineer, Assistant City Engineer or Engineering Technician ordering compliance with this section. An extension of time to comply may be granted by the Council upon written application by the owner or his or her agent requesting an extension of time to comply. Such application must be submitted to the Council within 15 days after receipt of the notice or order from the Building Inspector or City Engineer, Assistant City Engineer or Engineering Technician.
[Amended 6-2-1998 by Ord. No. 98-1500]
F. 
Enforcement.
(1) 
The Building Inspector or City Engineer, Assistant City Engineer or Engineering Technician shall enforce this section. He or she shall notify the owner of the land of the alleged violation, in writing, and order him or her to comply with the requirements of this section within 10 days from the date of his or her notice or order.
[Amended 6-2-1998 by Ord. No. 98-1500]
(2) 
If the owner of the land does not comply with the directive or order of the Building Inspector or City Engineer, Assistant City Engineer or Engineering Technician, the Building Inspector or City Engineer, Assistant City Engineer or Engineering Technician may have the violation corrected, and the costs of such service shall be assessed to the owner on his or her real estate tax statement.
[Amended 6-2-1998 by Ord. No. 98-1500]
(3) 
The corrective work may be contracted to the lowest qualified bidder following the required procedure for letting public works contracts.
A. 
The City hereby adopts and incorporates by reference the Wisconsin Uniform Dwelling Code, as amended from time to time; the Wisconsin Uniform Building Code, as amended from time to time, excepting that § 30.20(3)(d) shall be amended to read as follows: "wood frame construction, on parcels of land having an area of 40,000 square feet or more, 900 square feet."; and Wisconsin Administrative Code chapters ILHR 50 through 64, 66, 69 and 70, as amended from time to time.
[Amended 1-19-1999 by Ord. No. 99-1532]
B. 
The Building Inspector, as certified by the Department of Commerce, is hereby authorized and directed to administer and enforce all of the provisions of this section.
[Amended 12-15-1998 by Ord. No. 98-1526]
C. 
No person shall build or cause to be built any new public building containing less than 50,000 cubic feet in total volume or alter a public building with less than 100,000 cubic feet in total volume without first obtaining a building permit for such building. Such building permit shall be issued by the City upon approval of required drawings, specifications and calculations. A copy of such permit issued shall be filed with the City Building Department.
D. 
The building permit fee shall be determined by the City Council.
E. 
The City Council shall provide for the enforcement of this section and all other laws and ordinances relating to buildings by means of the withholding of building permits, imposition of forfeitures and injuncture action, according to § 62.23(9), Wis. Stats.
A. 
Application.
(1) 
This section shall apply to all radiant heating units installed. No person may install a radiant heating unit which fails to comply with the requirements of this section.
(2) 
All units installed must comply with § 30.40(1)(b), Wisconsin Uniform Building Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Definition. "Radiant heating unit" is a room heater, stove or freestanding fireplace not intended for duct connections used to heat a room using the combustion of a solid fuel, such as wood or coal, as a source of heat.
C. 
Permit. No person shall install or cause to be installed a radiant heating unit without first obtaining a permit from the Building Inspection Division. The Building Inspection Division shall give to each permit applicant the following information. It is recommended that:
(1) 
The woodburned in the units should be dry wood, preferably dry hardwoods.
(2) 
The chimney flue should be checked periodically to be sure the flue is open.
(3) 
The chimney flue should be cleaned at least once a year.[2]
[2]
Editor's Note: Original Section 30.03(4), Permit Fee, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Plan and data approval. Plans and data for each radiant heating unit installation shall be submitted to the Building Inspection Division for approval before a permit may be issued. The following data is required to be submitted with each application:
(1) 
The manufacturer's installation and maintenance/ operations instructions.
(2) 
Proposed chimney flue and/or new chimney flue sizes.
(3) 
The number and size of existing vent connectors to the chimney flue.
E. 
Inspection. No person shall operate or permit the operation of a radiant heating unit without first calling for an inspection and receiving final approval from the Building Inspection Division.
F. 
Installation clearance. The clearances from combustibles for the radiant heating units shall conform to Table A in § 30.02(7)(a) and Table B in § 30.02(7)(b) of the Wisconsin Uniform Building Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Mounting of the unit.
(1) 
Incombustible floors. On incombustible floors, the units shall be mounted on a firm, level base of brick, cement, concrete or other incombustible material.
(2) 
Combustible floors. On combustible floors, the units shall be mounted on a four-inch concrete block base with circular or rectangular holes or equivalent incombustible material so arranged that the holes will parallel the smaller dimension and be covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches beyond the perimeter of the unit.
(3) 
Units with legs on combustible floors. Units which have 18 inches or more of open space under the base of the unit may be mounted on combustible floors, provided that the floor under the unit is protected with not less than 1/4 inch of asbestos millboard and covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches beyond the perimeter of the unit. If there is less than 18 inches of open space under the base of the unit, the unit shall be mounted on two inches of concrete block, brick or other incombustible material and equally covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches beyond the perimeter of the unit.
H. 
Size and type of chimney. An approved all-fuel chimney shall be used for solid-fuel-burning equipment. The chimney shall be sized so that the cross-sectional area of this chimney is not smaller than the cross-sectional area of the flue collar of the equipment to be connected to it. Other equipment shall not be connected to the flue serving the solid-fuel-burning equipment. Masonry chimneys constructed according to the requirements of § 30.39 of the Wisconsin Uniform Building Code and factory-built chimneys bearing a listing by a nationally recognized testing laboratory, such as Underwriters Laboratories, will be considered as approved.
I. 
Chimney connector. The chimney connector shall conform to § 30.36 of the Wisconsin Uniform Building Code.
J. 
Damper. The chimney connector shall have a cast-iron damper to control the draft.
K. 
Combustion air. If the Heating Inspector, after examination of the radiant heating unit and the furnace, deems it necessary to add combustion air, the size of the opening shall not be less than the cross-sectional area of the flue collar size of the unit.
L. 
Blower. A blower, where used, shall have adequate protection, such as a screen or other material, to prevent material to be inserted in the blower assembly.
M. 
Electrical connections. The electrical connections, controls and wiring, where used, shall conform to the Wisconsin State Electrical Code.
N. 
Thermostat control. The thermostat control, where used, shall activate the blower motor at a temperature of 100° F. to 120° F.
A. 
All lots in residential areas shall be landscaped with a ground cover of a common species of grass to prevent erosion.
B. 
The landscaping of lots on which homes have been constructed shall be landscaped with a ground cover within one year after an occupancy permit or temporary occupancy permit is issued.
C. 
All existing lots presently occupied at the time this section is adopted shall be required to landscape their lots with a ground cover within one year from the effective date of this section.
A. 
Definition. Any antenna designed to receive broadcasts relayed by signals from earth-orbiting communication satellites.
B. 
Number. No more than one satellite antenna shall be allowed on a residential lot.
C. 
Location. The antenna shall be located within the side or rear yard areas and shall conform to the side and rear yard setbacks required for the principal structure in that zoning district.
D. 
Height.
(1) 
Ground-mounted antennas: not to exceed 15 feet above-grade.
(2) 
Building-mounted antennas. Not to exceed the maximum building height allowed in that zoning district.
E. 
Size. Antenna shall not exceed 12 feet in diameter.
F. 
Mounting.
(1) 
Ground-mounted antennas. Shall be mounted and installed in accordance with manufacturer's specifications and shall be able to withstand a minimum wind load of 80 miles per hour.
(2) 
Building-mounted antennas. Owner shall demonstrate that reception will not be possible in a less conspicuous location and shall submit a plan from a registered professional engineer that certifies that the installation of such antenna will not structurally damage the building upon which it is to be mounted.
G. 
Advertising. No form of advertising shall be allowed on the antenna, base or framework other than the manufacturer's I.D. plate.
H. 
Portable antennas. Portable or trailer-mounted antennas are not allowed, except for a temporary installation for demonstration, which shall not exceed two days.
I. 
Electrical installation. All electrical installation shall be in accordance with the National Electrical Code.
J. 
Cable installation. All cable to and from the antenna shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.
K. 
Permits.
(1) 
No antenna shall be installed without a permit.
(2) 
Application for permit shall include a plot plan indicating the proposed location of the antenna and the manufacturer's installation specifications.
(3) 
Permit fee shall be as set forth in Table 1, Schedule of Permit Fees, of this chapter.[1]
[1]
Editor's Note: Table 1 is located at the end of this chapter.
(4) 
All applications for permit shall be approved by the Architectural Board prior to issuance of a permit.
L. 
Appeals. Any person feeling aggrieved by this section, or by the decision of the Building Inspector, may appeal the decision to the Board of Zoning and Building Appeals.
A. 
Purpose. This section is adopted to regulate fence construction and to establish and maintain substantial open space around structures for light, air, convenience of access, safety from fire and the enhancement of property values.
B. 
Definitions.
FENCE
A structure which is a barrier or is used as a boundary or means of protection or confinement.
FENCE, DECORATIVE
A fence, including gates, which is more than 75% open and less than three feet in height, such as split rail fences used for ornamental purposes. For purposes of this section, chain-link and picket fences are not considered to be decorative fences.
FENCE, SOLID
A fence, including gates, which conceals from view from adjoining properties, streets or alleys activities conducted behind it.
HEIGHT
The height of the fence shall be determined by measuring the vertical distance from grade to the top of each section of the fence.
YARD, FRONT, SIDE OR REAR
All yard areas are defined in the Unified Development Ordinance.
[Amended 4-9-2003 by Ord. No. 2003-1747]
C. 
Residential fencing; location.
(1) 
Fences having a height of six feet or less may be located on interior lot lines within the required side and rear yard areas in residential districts. Fences installed where a side yard adjoins a street (second street sides) shall comply with the corner side yard setback applicable to the property as required by the Unified Development Ordinance.
[Amended 12-16-1997 by Ord. No. 97-1481; 4-9-2003 by Ord. No. 2003-1747]
(2) 
Fences may not be located within the front yard, except decorative fencing may be installed within the front yard areas in the residential districts.
(3) 
In R-8 General Residence Districts, where aesthetic appearance may require a fence or wall to shield parking lots or other unattractive areas or to generally improve the aesthetics of the development, a wall or fence may be erected in the front yard of the development by written approval of the Plan Commission, which may include design or other architectural requirements.
D. 
Commercial and industrial fencing; location.
(1) 
Fences may be located in all yards in commercial and industrial districts. Fences located in the front yard shall be approved by the Plan Commission prior to the issuance of a permit.
(2) 
Fences installed in commercial and industrial districts shall not exceed six feet in height, except when required to enclose outside storage areas or when approved by the Plan Commission.
(3) 
Fencing constructed to enclose outside storage areas shall comply with the conditions of use in the Unified Development Ordinance.
[Amended 4-9-2003 by Ord. No. 2003-1747]
(4) 
Barbed wire may be allowed on the top of fences six feet or more in height.
E. 
Agricultural fencing; location.
(1) 
Fencing shall be permitted in all yards in the A-1 and A-2 Agriculture Districts and in all yards on legal nonconforming agricultural uses for replacement of existing fencing. Fencing shall be permitted in front yards only for the enclosure of cultivated fields, pastures and animal pens.
(2) 
Fencing for areas other than those described in Subsection E(1) shall comply with the residential fencing requirements.
(3) 
Fencing may be constructed in agricultural districts for cultivated fields and pastures before a principal structure is present.
F. 
Institutional and park fencing; location.
(1) 
Fencing over six feet in height, enclosing a park, elementary, middle or high school site shall be permitted in all yards.
(2) 
All fencing in institutional districts or for institutional uses shall be limited to open mesh-type fencing (chain-link).
G. 
Construction and installation of fencing.
(1) 
Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property or street.
(2) 
No barbed wire, chicken wire or electrically charged fences shall be allowed in residential districts.
(3) 
All fencing constructed to enclose outside storage areas in commercial and industrial districts shall be approved by the Plan Commission.
(4) 
No fence shall be constructed in the City without first obtaining a permit from the Building Inspector.
(5) 
Snow fencing will only be permitted between November 15 and April 15 of each year. No permit shall be required.
(6) 
All fences shall be maintained in good repair, in a structurally sound condition, constructed and maintained in a good aesthetic condition and in such a manner and of such materials and colors as to not adversely affect the value of adjoining property or property in the immediate neighborhood. No fence may be constructed or maintained which is detrimental to human life or safety or causes a traffic hazard. Every fence shall be constructed and maintained straight, plumb and of an even height along its length, except for deviations required by grade. No advertising or signs shall be permitted on any fence in a residential district. No materials shall be stored between a fence located adjacent to a lot line and the lot line.
H. 
Appeals. Any person aggrieved by the requirements of this section may appeal the decision of the Building Inspector or Planning Manager to the Board of Zoning and Building Appeals.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A. 
If the Building Inspector finds that the proposed building will comply in every way with this chapter, other municipal ordinances and all laws of the state and lawful orders issued pursuant thereto, he or she shall issue a building permit. No building permit shall be issued to construct a new house, any commercial or industrial building or for any other construction as required by the Building Inspector unless the applicant shows to the satisfaction of the Building Inspector that the applicant will provide and maintain on each construction site a dumpster with a minimum capacity of five to six yards. The dumpster shall be packed in such a way so as to eliminate the possibility of its contents from blowing about the construction site or onto neighboring properties. The dumpster shall be placed on the property prior to commencing of the framing of the new structure and shall remain on the site until an occupancy permit is issued. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders for which involves the safety of the building, except with the written consent of the Building Inspector filed with such application.
B. 
The property owner or contractor may, in lieu of a dumpster, provide a trash/recycling container on-site for the purpose of recycling all building materials. The container shall have a five to six cubic yard capacity and shall be made of steel or high strength plastic or composite materials. Job site constructed bins or containers and trailers or truck boxes will not be permitted to be used as either a recycling container or dumpster. The recycling container shall be approved by the Building Inspector prior to being placed on the construction site. The owner or contractor may appeal the decision of the Building Inspector, denying a recycling container, to the Board of Zoning and Building Appeals. The container shall be packed in such a way as to eliminate the possibility of its contents from blowing about the construction site or onto neighboring properties. The recycling container shall be placed on the property prior to commencing of the framing of the new structure and shall remain on the site until an occupancy permit is issued. The applicant shall show to the satisfaction of the Building Inspector that the applicant has a valid contract with a recycling contractor to remove the building materials from the container and recycle the building materials. This shall be done prior to the issuance of a building permit. The contractor shall empty the container on a regular basis. The container shall not be permitted to overflow.
C. 
Failure to comply with obtaining, utilizing, emptying and maintaining of a dumpster or a recycling container for construction debris shall, after notification to the builder by the Building Inspector and lapsing of a grace period of 48 hours, result in the issuance of citations to the builder in the matter. The Building Inspector may also authorize, obtain and maintain dumpsters on construction sites pursuant to § 66.0627, Wis. Stats. Pursuant to § 66.0627, Wis. Stats., the City may provide reasonable notice and a hearing before the City Council as to whether this section has been violated. If the City Council finds that this section has been violated, the Council may order a dumpster or recycling container be obtained and maintained on the construction site, with the cost charged to the property owner benefited thereby and placed as a special charge against the property.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A. 
The purpose and intent of this section is to promote citizen compliance with the City Building and Zoning Codes as they pertain to accessory buildings of 150 square feet or less in area, decks and fences.
B. 
Any owner of land upon which there exists an accessory building of 150 square feet or less in area, a deck or fence for which no permit has been obtained as of the effective date of this section shall obtain a permit for every such structure within 180 days from the effective date of this section.
C. 
Notwithstanding §§ 30.50 and 30.51 of the Building Code, all owners of land upon which there exists an accessory building of 150 square feet or less in area, a deck or fence which does not comply with the regulations set forth in this Municipal Code, as amended from time to time, shall take all action necessary to bring all such structures into compliance with all applicable regulations or obtain a variance as may be allowed for such structures within 18 months from the effective date of this section.
D. 
In order to obtain a permit under Subsection B, the applicant shall submit to the Department of Building Inspection two photographs of the subject structure depicting different views of the same, a drawing of the structure listing its size and dimensions and a site drawing or survey setting forth the location of the structure on the property. Upon application and prior to the issuance of a permit, the Department of Building Inspection may inspect any structure as it deems necessary.
A. 
Purpose. The purpose of this section is to promote the public health, safety and general welfare of the community and to facilitate the adequate provision for parks, playgrounds, and land for athletic fields, fire protection facilities, law enforcement facilities, facilities for pumping, storing and distributing water, transportation facilities, emergency medical facilities and libraries by imposing impact fees upon developers to pay for the capital costs that are necessary to accommodate land development.
[Amended 5-7-2002 by Ord. No. 2002-1712; 4-6-2020 by Ord. No. 2020-2426]
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAPITAL COSTS
The capital costs to construct, expand or improve public facilities, including the cost of land, and including legal, engineering and design costs to construct, expand or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering and design costs unless the City can demonstrate that its legal, engineering and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. Capital costs does not include other noncapital costs to construct, expand or improve public facilities, vehicles, or the costs of equipment to construct, expand or improve public facilities.
[Amended 1-7-2020 by Ord. No. 2020-2404]
CITY
The City of Franklin.
COMMERCIAL DEVELOPMENT
The construction or modification of improvements to real property for commercial land uses within and as contemplated by the B-1, B-2, B-3, B-4, B-5, B-6 and VB Districts; and within the BP District, within a Planned Development District, under a special use resolution or otherwise under a lawful use by right, subject to such interpretations as necessary by the Planning Manager applying Table 3.0603 of the Unified Development Ordinance, all as set forth in the Unified Development Ordinance.
[Added 5-7-2002 by Ord. No. 2002-1712]
DEVELOPER
A person that constructs or creates a land development.
IMPACT FEES
Cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer under this section.
[Amended 1-7-2020 by Ord. No. 2020-2404]
INDUSTRIAL DEVELOPMENT
The construction or modification of improvements to real property for industrial land uses within and as contemplated by the M-1 and M-2 Districts; and within the BP District, within a Planned Development District, under a special use resolution or otherwise under a lawful use by right, subject to such interpretations as necessary by the Planning Manager applying Table 3.0603 of the Unified Development Ordinance, all as set forth in the Unified Development Ordinance.
[Added 5-7-2002 by Ord. No. 2002-1712]
INSTITUTIONAL DEVELOPMENT
The construction or modification of improvements to real property for institutional land uses within and as contemplated by the I-1 District; and within the BP District, within a Planned Development District, under a special use resolution or otherwise under a lawful use by right, subject to such interpretations as necessary by the Planning Manager applying Table 3.0603 of the Unified Development Ordinance, all as set forth in the Unified Development Ordinance. The construction or modification of improvements to real property by the United States, the State of Wisconsin, Milwaukee County, Franklin Public Schools District, Oak Creek-Franklin Joint School District, Whitnall School District, and the City of Franklin are not institutional development for the purposes of this section.
[Added 5-7-2002 by Ord. No. 2002-1712; amended 4-6-2020 by Ord. No. 2020-2426]
LAND DEVELOPMENT
The construction or modification of improvements to real property that creates additional residential dwelling units within the City or that results in nonresidential uses that create a need for new, expanded or improved public facilities within the City.
RESIDENTIAL EQUIVALENT CONNECTION (REC)
A unit of measure for water usage that is equivalent to the average daily amount of water usage of one residential dwelling unit. For the purposes of the water supply and distribution facilities impact fee established under this section, a REC shall be equal to 169 gallons of water per day.
[Added 5-7-2002 by Ord. No. 2002-1712]
C. 
Parks, playgrounds, and land for athletic fields. Any developer creating or constructing additional residential dwelling units within the City shall pay a fee to the City to provide for the capital costs necessary to accommodate the parks, playgrounds, and land for athletic fields needs of land development, except as provided in Subsection J below.
[Amended 12-15-1998 by Ord. No. 98-1526; 5-7-2002 by Ord. No. 2002-1712; 10-1-2013 by Ord. No. 2013-2117; 5-19-2015 by Ord. No. 2015-2175]
(1) 
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to Subsection K below, shall be as follows:
[Amended 4-6-2020 by Ord. No. 2020-2426]
(a) 
For single-family or two-family residential development, the fee, effective May 1, 2020, shall be $1,883 per dwelling unit.
(b) 
For multifamily residential development, the fee, effective May 1, 2020, shall be $1,223 per dwelling unit.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(2), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(3) 
Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of parks, playgrounds and land for athletic fields within the City.
(4) 
Such fees shall be expended by the City for the aforesaid purpose prior to the deadline whereupon a refund is required in accordance with Subsection N below, or such fee amount paid shall be refunded to the current owner(s) of the property with respect to which such fee was collected, along with any interest that has accumulated, as described in Subsection N below.
D. 
Fire protection and emergency medical facilities. Any developer creating or constructing land development within the City shall pay a fee to the City to provide for the capital costs necessary to accommodate the fire protection and emergency medical facilities' needs of land development, except as provided in Subsection J below.
[Amended 12-15-1998 by Ord. No. 98-1526; 5-7-2002 by Ord. No. 2002-1712; 5-4-2004 by Ord. No. 2004-1790]
(1) 
The amount of the fee, subject to adjustment pursuant to Subsection K below, shall be as follows:
[Amended 4-6-2020 by Ord. No. 2020-2426]
(a) 
For single-family residential development, the fee, effective May 1, 2020, shall be $445 per dwelling unit.
(b) 
For two-family residential development, the fee, effective May 1, 2020, shall be $445 per dwelling unit.
(c) 
For multifamily residential development, the fee, effective May 1, 2020, shall be $289 per dwelling unit.
(d) 
For commercial development, the fee, effective May 1, 2020, shall be $0.151 per square foot of building space.
(e) 
For industrial development, the fee, effective May 1, 2020, shall be $0.074 per square foot of building space.
(f) 
For institutional development the fee, effective May 1, 2020, shall be $0 per square foot of building space.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(2), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(3) 
Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of fire protection facilities within the City.
(4) 
Such fees shall be expended by the City for the aforesaid purpose as described in Subsection N below, or such fee amount paid shall be refunded to the then owner(s) of the property upon which such fee was collected.
[Amended 1-7-2020 by Ord. No. 2020-2404]
E. 
Law enforcement facilities. Any developer creating or constructing land development within the City shall pay a fee to the City to provide for the capital costs necessary to accommodate the law enforcement facilities' needs of land development, except as provided in Subsection J below.
[Amended 12-15-1998 by Ord. No. 98-1526; 5-7-2002 by Ord. No. 2002-1712; 5-4-2004 by Ord. No. 1790]
(1) 
The amount of the fee, subject to adjustment pursuant to Subsection K., below, shall be as follows:
[Amended 4-6-2020 by Ord. No. 2020-2426]
(a) 
For single-family residential development, the fee, effective May 1, 2020, shall be $510 per dwelling unit.
(b) 
For two-family residential development, the fee, effective May 1, 2020, shall be $510 per dwelling unit.
(c) 
For multifamily residential development, the fee, effective May 1, 2020, shall be $331 per dwelling unit.
(d) 
For commercial development, the fee, effective May 1, 2020, shall be $0.173 per square foot of building space.
(e) 
For industrial development, the fee, effective May 1, 2020, shall be $0.085 per square foot of building space.
(f) 
For institutional development, the fee, effective May 1, 2020, shall be $0 per square foot of building space.
(2) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(2), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(3) 
Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of law enforcement facilities within the City.
(4) 
Such fees shall be expended by the City for the aforesaid purpose as described in Subsection N below, or such fee amount paid shall be refunded to the then owner(s) of the property upon which such fee was collected.
[Amended 1-7-2020 by Ord. No. 2020-2404]
F. 
[4] Library facilities. Any developer creating or constructing additional residential dwelling units within the City shall pay a fee to the City to provide for the capital costs necessary to accommodate the library facilities' needs of land development, except as provided in Subsection J below.
[Amended 12-15-1998 by Ord. No. 98-1526; 5-7-2002 by Ord. No. 2002-1712]
(1) 
The amount of the fee per residential dwelling unit to be constructed or created by the proposed development, subject to adjustment pursuant to Subsection K below, shall be as follows:
[Amended 4-6-2020 by Ord. No. 2020-2426]
(a) 
For single-family or two-family residential development, the fee, effective May 1, 2020, shall be $330 per dwelling unit.
(b) 
For multifamily residential development, the fee, effective May 1, 2020, shall be $215 per dwelling unit.
(2) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection F(2), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(3) 
Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of library facilities within the City.
(4) 
Such fees shall be expended by the City for the aforesaid purpose as described in Subsection N below, or such fee amount paid shall be refunded to the then owner(s) of the property upon which such fee was collected.
[Amended 1-7-2020 by Ord. No. 2020-2404]
[4]
Editor's Note: Former Subsection F, Emergency Medical Facilities, was repealed 5-7-2002 by Ord. No. 2002-1712. This ordinance also provided for the redesignation of former Subsection G as Subsection F.
G. 
Transportation facilities. Any developer creating or constructing land development within the City shall pay a fee to the City to provide for the capital costs necessary to accommodate the transportation facilities' needs of land development, except as provided in Subsection J below.
[Added 5-7-2002 by Ord. No. 2002-1712]
(1) 
The amount of the fee, subject to adjustment pursuant to Subsection K below, shall be as follows:
(a) 
For single-family or two-family residential development, the fee, effective May 1, 2020, shall be $651 per dwelling unit.
(b) 
For multifamily residential development, the fee, effective May 1, 2020, shall be $423 per dwelling unit.
(c) 
For commercial development, the fee, effective May 1, 2020, shall be $0.22 per square foot of' building space.
(d) 
For industrial development, the fee, effective May 1, 2020, shall be $0.108 per square foot of building space.
(e) 
For institutional development, the fee, effective May 1, 2020, shall be $0 per square foot of building space.
(2) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection G(2), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(3) 
Such fees collected by the City shall be placed in a special fund which shall be separated from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of transportation facilities within the City.
(4) 
Such fees shall be expended by the City for the aforesaid purpose as described in Subsection N below, or such fee amount paid shall be refunded to the then owner(s) of the property upon which such fee was collected.
[Amended 1-7-2020 by Ord. No. 2020-2404]
H. 
Southwest Sanitary Sewer Service Area extension facilities. Any developer creating or constructing land development within the Southwest Sanitary Sewer Service Area shall pay a fee to the City to provide for the capital costs necessary to accommodate the Southwest Sanitary Sewer Service Area extension facilities' needs of land development. Such fees shall not be subject to the exemptions set forth under Subsection K below, except as such subsection provides for an exemption for single-parcel demolition/build single-family construction projects.
[Added 5-21-2013 by Ord. No. 2013-2105[7]]
(1) 
The Southwest Sanitary Sewer Service Area extension facilities impact fee shall be imposed only upon land within the Southwest Sanitary Sewer Service Area served by the Ryan Creek Interceptor sanitary sewer.
(2) 
The amount of the fee, subject to adjustment pursuant to Subsection L below, shall be determined as follows:
(a) 
The fee for single-family residential development shall be $2,928 per dwelling unit.
(b) 
The fee for multifamily buildings shall be an initial charge of $2,928 for the first unit in a multifamily building and an additional $1,464 for each additional living unit erected in the same multifamily building.
(c) 
The fee for nonresidential development [not including structures providing multifamily dwelling units, to which Subsection H(2)(b) above shall apply] shall be determined as follows:
Meted Size
(inches)
Equivalent Meter Factor
Fee per Meter
5/8
1.00
$2,928
3/4
1.00
$2,928
1
2.50
$7,320
1.25
3.75
$10,980
1.5
5.00
$14,640
2
8.00
$23,424
2.5
12.50
$36,600
3
15.00
$43,920
4
25.00
$73,200
6
50.00
$146,400
8
80.00
$234,240
10
120.00
$351,360
12
160.00
$468,480
(3) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection H(3), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(4) 
Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of oversize costs of public sanitary sewer extension facilities within the Southwest Sanitary Sewer Service Area.
(5) 
Such fees shall be expended by the City for the aforesaid purpose within 10 years of the date of payment, subject to the provisions of § 66.0617(9), Wis. Stats., or such fee amount paid shall be refunded to the-then owner(s) of the property upon which such fee was collected.
(6) 
Notwithstanding any contrary provision in § 92-9L of this section, Southwest Sanitary Sewer Service Area extension facilities impact fees shall be adjusted annually, effective January 1 of each year by the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) published by the Department of Labor over the previous 12 months.
[7]
Editor's Note: This ordinance also redesignated former Subsections H through L as Subsections I through M, respectively.
I. 
Water supply and distribution facilities. Any developer creating or constructing land development within the City shall pay a fee to the City to provide for the capital costs necessary to accommodate the water supply and distribution facilities' needs of land development. Such fees shall not be subject to the exemptions set forth under Subsection J below, except as such subsection provides for an exemption for single parcel demolition/build single family construction projects.
[Added 5-7-2002 by Ord. No. 2002-1712[9]; amended 2-3-2004 by Ord. No. 2004-1779; 9-21-2004 by Ord. No. 2004-1811]
(1) 
The water supply and distribution facilities impact fee shall be imposed only upon land within the Franklin Water Utility service area.
(2) 
The amount of the fee, subject to adjustment pursuant to Subsection K below, shall be determined as follows:
(a) 
The fee for residential development shall be $1,269 per dwelling unit.
(b) 
The fee for nonresidential development shall be determined as follows:
[1] 
The developer shall submit, on forms provided by the City, information reasonably necessary to estimate the average daily water usage from the development, as may be applicable to the development, and including but not limited to the Standard Industrial Classification (SIC) Code designation for the development; a description of the business and products produced or services offered as afforded by the development; a description of the nature and use of and number of square feet of each distinct area of each building; the number of employees by area at full occupancy; the anticipated hours of operation at full capacity; the estimated water usage as computed by the developer; fixture counts; known or estimated gallons of process water used; and such other information required by the City to reasonably ascertain the expected water usage of the development.
[2] 
The estimated average daily water usage shall be determined by the City from the information supplied by the developer. Such determination may be made upon any reasonable method calculated to accurately ascertain such water usage, including but not limited to gallons per employee hour, gallons per square foot of building space, known or estimated gallons of process water used, and fixture counts. Any consultant fees for consultant services determined to be reasonably necessary by the City Engineer, considering City staff resources and expertise under the circumstances, and incurred by the City to make a determination of the development's estimated water usage, shall be paid by the developer, pursuant to written notice of such determination by regular mail from the City Director of Administration, or designee, to the developer of the developer's obligation for the payment of such consultant fees and the estimated amount of such consultant fees. The developer may appeal the determination to pay such consultant fees to the Common Council by filing a written request for review setting forth the grounds of any objection(s) with the Director of Administration within 15 days of the date of such written notice, and the developer may appeal a determination of the Common Council by the commencement of an action seeking the remedy available by way of certiorari in the Milwaukee County Circuit Court within 30 days of the date of the Common Council determination. The City shall calculate the number of residential equivalent connections (RECs) for that development by dividing the estimated average water usage per day by 169 gallons and shall calculate and impose an interim impact fee of $1,269 per REC.
[3] 
Since the impact fee determined under Subsections H(2)(b)[1] and [2] above is based upon estimated intended usage, the City may, anytime within five years of the establishment of a nonresidential account, recalculate the impact fee based upon the highest actual quarterly water usage by a nonresidential account.
[4] 
In calculating the number of RECs for a nonresidential development, the City shall determine the applicable number of RECs by using one REC or the actual number of RECs determined for the development, whichever is higher. Any fraction of one REC shall be rounded up to the next one-half of one REC.
(3) 
(Reserved)[10]
[10]
Editor's Note: Former Subsection I(3), providing that the fee shall be imposed as a condition of approval, was repealed 1-7-2020 by Ord. No. 2020-2404.
(4) 
Such fees collected by the City shall be placed in a special fund which shall be separate from the general fund of the City, and the special fund and all interest earned thereon shall be used exclusively for the capital costs of water supply and distribution facilities within the City.
(5) 
Such fees shall be expended by the City for the aforesaid purpose as described in Subsection N below, or such fee amount paid shall be refunded to the then owner(s) of the property upon which such fee was collected.
[Amended 1-7-2020 by Ord. No. 2020-2404]
[9]
Editor's Note: This ordinance also provided for the redesignation of former Subsections H through K as Subsections I through L, respectively.
J. 
Fee reduction.
[Amended 4-6-2020 by Ord. No. 2020-2426]
(1) 
Any impact fee imposed under this section shall be reduced to compensate for capital costs otherwise imposed by the City, upon the land development subject to this section, for the same public facilities for which an impact fee has been imposed under this section, including by way of special assessments, special charges, land dedications or fees in lieu of land dedications under Ch. 236, Wis. Stats., or any ordinance adopted thereunder or any other items of value. Impact fees imposed under this section shall also be reduced to compensate for moneys received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees under this section are imposed.
(2) 
In support of low-cost housing affordable housing, if a residential land development which has received all required governmental approvals prior to the issuance of a building permit is a development which shall produce a new residential unit(s), the cost of which is 40% or less of the cost of a similar category (single-family, two-family, multifamily) new residential unit(s) in the City in the prior year, the amount of the impact fees due hereunder shall be reduced to 40% of the amount of the impact fees otherwise required. The aforesaid determination as to whether the development qualifies as low-cost housing affordable housing is subject to the provision by developer of all factual information reasonably necessary for review and to reach such a determination, and the determination by the Department of City Development prior to the land development approval, that the development is a reduced cost market-rate housing development. This Subsection J(2) is in furtherance of the housing affordability report provision of the Public Facilities Needs Assessment and Impact Fee Study, March 2020, Ruekert & Mielke, Inc., and pursuant § 66.0617(7), Wis. Stats.
K. 
Exemption from fees. Any land development for which park and development fees pursuant to § 21.07 of the Municipal Code, as it existed prior to October 1, 1992, and development fees pursuant to § 21.07 of the Municipal Code[11] and §§ 13.1(3)(a) and 15.5(g) of the Zoning Code, have been paid prior to May 1, 1995, shall be exempt from the impact fees imposed under this section. The full and final payment of an impact fee imposed under this section shall satisfy any development fee obligation arising under § 21.07 of the Municipal Code, §§ 13.1(3)(a) or 15.5(g) of the Zoning Code, as amended from time to time. The lawful new construction of a single-family dwelling structure upon a nondivisible parcel of land supporting or having supported a habitable single-family dwelling structure razed or to be razed within one year of the date of the issuance of a building permit for the new construction as part of the new construction project shall be exempt from the fees imposed under this section (excluding the fees under Subsection H above, unless such preexisting dwelling structure was connected to the municipal water supply system). Any new construction of a single-family dwelling structure upon a single parcel of land involving the demolition of a preexisting residential structure upon such single parcel of land, which project is similar to but not exactly as described above to be exempt, may be found to be exempt upon application to the Common Council and a finding by the Common Council that such project does not bear a rational relationship to the need for new, expanded or improved public facilities required to serve such development. Such application shall be made to the Common Council prior to the payment of any fees under this section. Effective January 1, 2017, public school districts are exempt from application of each of the various impact fees set forth above.
[Amended 9-21-2004 by Ord. No. 2004-1811; 4-6-2020 by Ord. No. 2020-2426]
[11]
Editor's Note: Said § 21.07 was repealed by the Unified Development Code.
L. 
Administration and review. All fees collected and special accounts maintained under this section shall be subject to administration by the City Director of Administration. The Director of Administration 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 purpose 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 impact fees imposed under this section shall be increased annually at the percent change of the U.S. Census Bureau Construction Price Index (CPI) for single-family houses under construction, for the twelve-month period preceding October of the prior year, with the adjustment effective January 1 of each year. The Director of Administration or designee shall calculate the adjusted fees and maintain a copy of the calculation and the adjusted impact fees in the office of the City Clerk.
[Amended 5-7-2002 by Ord. No. 2002-1712; 1-7-2014 by Ord. No. 2014-2128; 4-6-2020 by Ord. No. 2020-2426]
M. 
Appeal. Any developer upon whom an impact fee is imposed under this section as a condition of the issuance of a building permit shall have the right to contest the amount, collection or use of the impact 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 developer's filing of an application for a building permit upon which the impact fee is imposed. Such notice of appeal shall be entitled "Notice of Appeal of Impact Fee" and shall state the developer's name, address, telephone number, address (if available) and legal description of the land development upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. The City Clerk 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 impact fee upon just and reasonable cause shown.
[Amended 3-5-2002 by Ord. No. 2002-1708]
N. 
Refund of impact fees.
[Added 5-19-2015 by Ord. No. 2015-2175]
(1) 
Subject to Subsection N(2), (3), and (4), and with regard to an impact fee that is collected after April 10, 2006, impact fees that are collected by the City before April 11, 2013, but are not used within 10 years to pay the capital costs for which they were imposed, shall be refunded to the current owner(s) of the property with respect to which the impact fees were imposed, along with any interest that has accumulated. Except as may be specified within Subsections C through I above, 10 years, being an appropriate planning and financing period for general governmental capital expenditures, shall be the reasonable time period within which impact fees must be spent or refunded under this subsection, subject to the extended time period specified in Subsection N(2).
(2) 
The ten-year time limit for using impact fees that is specified under Subsection N(1) may be extended for three years if the City adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, the City needs an additional three years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this subsection.
(3) 
With regard to an impact fee that is collected on or after April 5, 2018, except as provided in this subsection, impact fees that are not used within eight years after they are collected to pay the capital costs for which they were imposed shall be refunded to the payer of fees for the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as prescribed by statute. Impact fees that are collected for capital costs related to lift stations or collecting and treating sewage that are not used within 10 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the payer of fees for the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as prescribed by statute. The ten-year time limit for using impact fees that is specified under this subsection may be extended for three years if the municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the ten-year limit, it needs an additional three years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this subsection. For purposes of the time limits in this subsection, an impact fee is paid on the date a developer obtains a bond or irrevocable letter of credit in the amount of the unpaid fees executed in the name of the municipality under § 92-9O.
[Amended 1-7-2020 by Ord. No. 2020-2404]
(4) 
With regard to an impact fee that is collected after April 10, 2013, but prior to April 5, 2018, such impact fees shall be used within a reasonable period of time after they are collected to pay the capital costs for which they were imposed, or they shall be refunded to the current owner(s) of the property with respect to which the impact fees were imposed, along with any interest that has accumulated. Except as may be specified within Subsections C through I above, 10 years, being an appropriate planning and financing period for general governmental capital expenditures, shall be the reasonable time period within which impact fees must be spent or refunded under this subsection, except that specifying such reasonable time period shall not preclude the City from amending the term of the reasonable period after receipt of any such fee for a period not to exceed three years and due to extenuating circumstances or hardship in meeting the reasonable time period, provided the City adopts a resolution that shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this subsection.
[Amended 1-7-2020 by Ord. No. 2020-2404]
O. 
Payment and deferment. Any impact fee imposed under this section, except as provided under this subsection, shall be imposed as a condition of approval of any building permit for the subject land development, and shall be payable by the developer or the property owner to the City in full upon the issuance of such building permit. Except as provided in this subsection, if the total amount of impact fees due for a development will be more than $75,000, a developer may defer payment of the impact fees for a period of four years from the date of the issuance of the building permit or until six months before the City incurs the costs to construct, expand, or improve the public facilities related to the development for which the fee was imposed, whichever is earlier. If the developer elects to defer payment under this subsection, the developer shall maintain in force a bond or irrevocable letter of credit in the amount of the unpaid fees executed in the name of the City. A developer may not defer payment of impact fees for projects that have been previously approved.
[Added 1-7-2020 by Ord. No. 2020-2404]
Except as otherwise provided, any person who shall be found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19.