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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[Adopted 6-20-2000 by Ord. No. 2000-1606]
A. 
Pursuant to Comm 83-04(2)(a), Wis. Adm. Code, the City of Franklin hereby denies the issuance of sanitary permits for the construction or use of, within the jurisdiction of the City of Franklin, private on-site waste treatment system designs that utilize one or more of the technologies, designs or methods delineated in Table 83.04-2., Wis. Adm. Code, to serve new development, until January 1, 2003.
B. 
Pursuant to Comm 83-04(3)(a), Wis. Adm. Code, the City of Franklin hereby denies the issuance of sanitary permits for the construction or use of, within the jurisdiction of the City of Franklin, private on-site waste treatment system designs that utilize a method or technology that is added to the list under Comm 83.61 after July 1, 2001, intended to serve new development, for not more than 18 months after that type of method or technology has been recognized under that section.
C. 
The City of Franklin hereby denies the issuance of any and all other sanitary permits within the jurisdiction of the City of Franklin to which Subsections A and B above do not or may not apply, excepting those as may be issued currently pursuant to law, so as to fully deny such issuance and prevent the implementation of Comm 83, Wis. Adm. Code, to January 1, 2003, and to the extent allowed or available by law.
D. 
The terms and provisions of this article shall not apply to an application for or the installation of a replacement private onsite wastewater treatment system where the parcel of land upon which the replacement system is to be installed is at least 75 acres in area at the time of application and installation, exclusive of any reservation, exception or dedication to the public; and that the applicant shall execute a deed restriction for such property as a condition of the issuance of a permit for such replacement system, which restriction shall prohibit any subsequent claim or application for a replacement system based upon the existence of the original system for which such permit is granted and prohibit the division of any of the lands supporting the proposed replacement system and the original system being replaced from one another, and which restriction shall be in recordable form and content as may be approved by the City Attorney so as to comply with this section. Such deed restriction shall additionally provide that its effect shall terminate as to any provision set forth therein which may become contrary to or in conflict with any provision of Comm 83, Wis. Adm. Code, upon such date as such provision(s) of Comm 83 is effective over and pre-empts any contrary or conflicting legislation, code, ordinance or resolution of the City of Franklin.
[Added 6-19-2001 by Ord. No. 2001-1656; amended 7-10-2001 by Ord. No. 2001-1660]
E. 
The Plumbing Inspector shall accept evidence of existing ruins of an apparent dwelling used for human habitation or City records showing the apparent prior existence of a dwelling used for human habitation upon a property subject to an application for a replacement private onsite wastewater treatment system as sufficient to support the proposed system as a replacement system upon an application meeting the requirements of Subsection D of this section.
[Added 6-19-2001 by Ord. No. 2001-1656]