[HISTORY: Adopted by the Common Council of
the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Secs 9.01 through
9.06, 9.09, 9.10, 9.15, 12.20 and 13.035 of the 1997 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Mobile homes and mobile home parks — See Ch. 174.
Nuisances — See Ch. 178.
Orderly conduct — See Ch. 183.
Plumbing standards — See Ch. 190.
St. Martins Fair — See Ch. 203.
Sewers and water — See Ch. 207.
Signs and billboards — See Ch. 210.
Solid waste — See Ch. 218.
Trees — See Ch. 240.
Vehicles and traffic — See Ch. 245.
A.
The grade of all streets, alleys and sidewalks shall
be established and described by the Council and shall be recorded
by the City Engineer in his or her office. No street, alley or sidewalk
shall be worked until the grade thereof is established.
[Amended 3-5-2002 by Ord. No. 2002-1708]
B.
Altering grade prohibited. No person shall alter the
grade of any street, alley, sidewalk or public ground, or any part
thereof, unless authorized or instructed to do so by the Council.
B.
Types.
(1)
Approved culverts shall be constructed of corrugated
metal, in compliance with Wisconsin State Highway specifications,
of an approved type. The metal type shall be preferred. Culverts constructed
of boilers, water tanks, boiler pipes or other nonapproved materials
shall be prohibited.
(2)
Culverts may be purchased by the owner, and if so
purchased, the current list price of the culvert will be deducted
from the City's charges.
C.
Size.
(1)
The diameter of any culvert shall be as determined
by the City Engineer and shall be based on the ultimate development
of the area in accordance with the zoning in effect at the time of
installation.
(2)
Minimum length of the culverts shall be as follows:
(a)
Diameter of 12 inches, 15 inches, 18 inches
and 21 inches and No. 12, No. 15, No. 18 and No. 21 pipe arch: 20
feet.
(b)
Diameter of 24 inches and 30 inches and No.
24 and No. 30 pipe arch: 22 feet.
(c)
Diameter of 36 inches and 42 inches and No.
36 and No. 42 pipe arch: 24 feet.
(d)
All other sizes shall be a length as directed
by the City Engineer.
(3)
The maximum length of any driveway culvert shall be
34 feet, unless otherwise approved by the City Engineer.
D.
Installation.
(1)
Installation of culverts shall be made by City street
employees so as to ensure maintenance of proper grades and uniformity
of depth and cover.
(2)
The cost of all culvert installations shall be in
accordance with the schedule approved by the Board of Public Works
and on file in the City Engineer's office. Payment of such costs shall
be made at the time application for such installation is made.
(3)
This subsection shall include culverts installed at
the direction of the City Engineer.
E.
Movement of existing culverts.
(1)
Movement of existing culverts must be made by City
crew, and costs incidental to such moves, including fill and cover
materials, are to be borne by the property owner.
(2)
This subsection shall exclude those moves as are required
or made necessary incidental to construction on or widening of City
streets and/or ditches.
(3)
Culverts not meeting City specifications shall be
removed and replaced and the cost thereof charged to the abutting
property.
(4)
Under no circumstances wherein repair or restoration
by City crew to a rural (noncurb and gutter) Portland concrete driveway
approach over a ditch culvert is required incidental to the movement,
removal or alteration of the culvert shall the City be required to
use any concrete material other than asphaltic concrete.
(5)
Where
it is necessary as part of the restoration of a public construction
project or the City re-grading of roadside ditches to reset driveway
culverts, such resetting costs shall be borne by the City. Should
the existing culvert be deteriorated or lacking flow capacity, the
City shall replace the existing culvert at its cost, with no charge
to the abutting property owner.
[Added 2-2-2010 by Ord. No. 2010-1992]
(6)
End
walls.
[Added 2-2-2010 by Ord. No. 2010-1992]
(a)
Certain culverts have end walls. These end walls can be prefabricated
corrugated metal, precast concrete, or custom-made concrete, brick,
block or stone.
(b)
The City shall remove and set aside culvert end-wall materials during
construction and reset the end walls as part of restoration if determined
to be reasonable by the City Engineer or designee, as to municipal
cost and available municipal construction capabilities in the area
and not of an unusual design or unique material construction requiring
excessive costs or scarce resources for restoration.
(7)
The property owner of the existing culvert determined to be moved by the City Engineer or the City Engineer's designee may appeal the determination as to the move and/or the resulting determined restoration upon the grounds of error made in such determination(s), by filing a written notice of appeal with the City Engineer within five days of the initial written or verbal notice from the City, its officers, employees or agents, to the property owner of such determined move or restoration. The notice of appeal shall set forth with specificity the claimed errors in the application of this Subsection E. The Board of Public Works shall schedule such appeal for hearing before it at its next regular meeting which is scheduled to be held not less than five days from the date of the filing of the notice of appeal.
[Added 2-2-2010 by Ord. No. 2010-1992]
A.
Permit.
(1)
No person shall construct, build, establish or maintain
any driveway over, across or upon any portion of the public sidewalk
or public parkway without first having obtained a written permit to
do so from the City Engineer. No such permit shall be issued for construction
or establishment of any such driveway, except in accordance with the
provisions contained herein.
(2)
Application for permit must be made in writing upon
forms furnished by the City. The application shall contain the name
and address of the person making the application, the name of the
contractor or person who is to construct the driveway and the proposed
location and dimensions of such driveway. Complete plans and specifications
shall be submitted to the City Engineer at least 48 hours before a
permit shall be issued.
B.
Fees. Before any work is started, the applicant shall pay to the City Treasurer permit and inspection fees provided in Chapter 92.
[Amended 1-17-2023 by Ord. No. 2023-2526]
C.
Supervision. All such work shall be done under the
jurisdiction of the City Engineer and in accordance with the ordinances
of the City and shall be inspected upon completion by the City Engineer
or his or her representative.
D.
Specifications. All plans and specifications must
conform to the City minimum requirements on file in the office of
the City Engineer.
E.
Maintenance. Any portion of a driveway approach existing
upon any portion of a public street or right-of-way shall be maintained
by the owner of the property served by such driveway so that the grade
of the street or right-of-way is maintained and in no way diverted,
depressed or obstructed. Any condition of a driveway approach which
creates a hazard to street travel or municipal snow removal or any
damage to a driveway approach caused by municipal snow removal equipment
due to such condition shall be corrected and repaired by and at the
expense of the owner of the property served by such driveway approach.
F.
Concrete driveway approach required. All driveway approaches serving any property abutting a public street, which public street includes the installation of concrete curb and gutter or a mountable concrete curb abutting, adjoining or adjacent to the property served by the driveway approach, shall be constructed of concrete and shall meet all of the other terms and provisions of this section. Such concrete driveway approach shall be installed by the owner of the property being served by the same prior to the issuance of an occupancy permit for the subject property, excepting during the period from December 1 to May 1, annually, provided that the property owner has applied for a permit as required under Subsections A(1) and (2) above.
[Added 12-16-1997 by Ord. No. 97-1479]
G.
Additional driveways.
[Added 8-24-1999 by Ord. No. 99-1574; amended 6-27-2023 by Ord. No. 2023-2543]
(1)
The owner of property supporting a one- or two-family
residence or property zoned for such use may make application under
this section for the installation of additional driveways. The City
Engineer may permit and approve such application after review and
recommendation by the Building Inspection and Planning and Zoning
Departments where the proposed additional driveways will result in
a circular drive upon the property constructed to the principal building
or where additional access is necessary so as to be connected to an
accessory parking structure for access purposes. No permit shall be
granted by the City Engineer where such driveway installation:
(a)
Would not meet the minimum turning radii set
forth in the Engineering Department Design Specifications;
(b)
Where the resulting additional driveway access
to a public street would be within 50 feet from a street intersection
corner lot line; or
(c)
Where such proposed additional driveways would
not otherwise comply with all setback requirements under the Unified
Development Ordinance.
(2)
Should the City Engineer deny any such application
under this subsection, the City Engineer shall specify the reasons
for such denial and send written notice thereof by regular mail to
the applicant. The applicant may appeal such denial to the Common
Council within 30 days of the date of written notice thereof by filing
a request for appeal with the City Clerk, specifying the reasons for
such appeal.
H.
Restoration
of construction within right-of-way.
[Added 2-2-2010 by Ord. No. 2010-1992]
(1)
The
City and its contractor and any public utility installing or maintaining
facilities, or performing roadway rehabilitation, shall be responsible
to restore the driveway to the reasonably same condition as what previously
existed.
(2)
Subsection H(1) above shall not apply, and the City, contractor or utility shall be responsible to restore a disturbed area with a minimum of six inches of gravel and three inches of bituminous pavement, placed to match existing pavement, where:
(a)
A driveway is constructed of concrete and extends to the edge of
a rural street (without curb and gutter) which is bituminous pavement;
or
(b)
A driveway is constructed of a decorative material, such as brick
or block, and extends to the edge of a rural street (without curb
and gutter) which is bituminous pavement.
(3)
The property owner of the driveway as determined to be restored by the City Engineer or the City Engineer's designee may appeal the determination as to the restoration upon the ground of error made in such determination, by filing a written notice of appeal with the City Engineer within five days of the initial written or verbal notice from the City, its officers, employees or agents, to the property owner of such determined restoration. The notice of appeal shall set forth with specificity the claimed errors in the application of this Subsection H. The Board of Public Works shall schedule such appeal for hearing before it at its next regular meeting, which is scheduled to be held not less than 5 days from the date of the filing of the notice of appeal.
[Amended 6-7-2011 by Ord. No. 2011-2050; 2-15-2022 by Ord. No. 2022-2500]
A.
Permit required. No person shall open or tear any part of any street,
alley, sidewalk, parkway or other public place in the City for any
purpose without first obtaining a permit from the Director of Public
Works or his or her authorized representative.
B.
Insurance required.
(1)
A permit shall be issued only upon the condition that the applicant
submit evidence to the Director of Public Works that the applicant
is covered by public liability insurance by the following amounts
and that such insurance protects the City from all claims.
A.
|
General/commercial liability (Must have general/commercial)
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$1,000,000 per each occurrence for bodily injury, personal injury,
and property damage $2,000,000 per general aggregate,
City shall be named as an additional insured on a primary, noncontributory
basis
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B.
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Automobile liability (Must have auto liability)
|
$1,000,000 combined single limit
City shall be named as an additional insured on a primary, noncontributory
basis
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C.
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Contractor's pollution liability (if applicable)
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$1,000,000 per occurrence
$2,000,000 aggregate
City shall be named as an additional insured on a primary, noncontributory
basis
|
D.
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Umbrella or excess liability coverage for general/commercial,
automobile liability, and contractor's pollution liability
|
$2,000,000 per occurrence for bodily injury, personal injury,
and property
$2,000,000 minimum aggregate per person, per aggregate
City shall be named as an additional insured on a primary, noncontributory
basis
|
D.
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Worker's compensation and employers' liability (Must have workers
compensation)
|
Statutory
Contractor will provide a waiver of subrogation and/or any rights
of recovery allowed under any workers' compensation law.
|
*
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Coverages may be adjusted dependent upon the specifics of the
street opening and risk/exposure to the City.
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Upon the execution of said permit, the contractor shall supply
the City with a suitable statement certifying said protection and
defining the terms of the policy issued, which shall specify that
such protection shall not be cancelled without 30 calendar days' prior
notice to the City, and naming the City as an additional insured as
required above.
|
(a)
To the fullest extent permitted by law, the contractor shall
indemnify and hold harmless the City, the City's officers, directors,
partners, and employees from and against costs, losses, and damages,
including but not limited to reasonable fees and charges of engineers,
architects, attorneys, and other professionals, and reasonable court
or arbitration or other dispute resolution costs, caused by the negligent
acts or omissions of the contractor or contractor's officers, directors,
partners, employees, and consultants in the performance of the contractor's
services.
(b)
Nothing contained within this section is intended to be a waiver
or estoppel of the contracting municipality or its insurer to rely
upon the limitations, defenses, and immunities contained within Wisconsin
law, including those contained within §§ 893.80, 895.52,
and 345.05, Wis. Stats. To the extent that indemnification is available
and enforceable, the municipality or its insurer shall not be liable
in indemnity or contribution for an amount greater than the limits
of liability for municipal claims established by Wisconsin law.
(2)
The evidence of insurance shall also provide that the City be notified
at least 10 days prior to cancellation or expiration of the insurance.
C.
Information to accompany application. The applicant for a permit
shall submit to the Director of Public Works, at the time the permit
is applied for, sufficient information relating to the work to be
done. The Director of Public Works shall determine if sufficient information
is submitted, but in no case shall it be less than the following:
(1)
The applicant shall state the nature and location of the work, the
reason for the work and the proposed method of doing the work.
(2)
The proposed utility plan shall show the area(s) and type(s) of erosion
control that may be necessary to control disturbed soil. Work site
restoration shall show location and material to be used.
D.
Permit fee. The permit fees are given in the schedule in Subsection D(1) and (2). Upon written notice to the permit applicant, if restoration work is not completed or not deemed to be of acceptable quality by the Director of Public Works or his representative, the applicant will be given 20 days to correct all deficiencies. The City may then complete work or hire a contractor to correct the deficiencies and bill the applicant for work performed.
(1)
Nonrefundable permit fees shall be collected to reimburse the City
for costs associated to manage the permit activities and for infrastructure
that the City will need to replace.
(a)
Application fee: $100.
(b)
First foot to 200 feet in length: $100.
(c)
Additional $0.10 per foot for installed utility lengths exceeding
200 feet. Calculation of installed utility length will be made based
on the number of lineal feet of utility main installed or repaired.
(d)
Each tree in the right-of-way to be replaced: $400.
(e)
Other public infrastructure (e.g., lights, signs, culverts,
etc.) that will need to be replaced by City: at cost of labor/materials
plus 5%.
(2)
Refundable permit fees shall be collected as a surety to encourage
the permittee to restore the right-of-way in as-good or better condition.
(a)
10% of estimated project cost, but no less than $1,000.
(b)
Refundable permit fee shall be waived for City of Franklin,
and Franklin Utilities, or contract provider thereof, projects.
(c)
Refundable fee less than $10,000 shall be a cash or check deposit
with the City of Franklin.
(d)
Refundable fee equal to or in excess of $10,000 may be a cash
or check deposit with the City of Franklin or it may be a financial
surety in the form of a performance bond or irrevocable letter of
credit.
(e)
If the permittee does not restore the right-of-way in as-good
or better condition, the City shall notify the permittee in writing
of the deficiencies. Such notice shall be issued within one year after
the permittee notifies the City that work is complete. The permittee
shall have the ability to remedy the deficiencies within 30 days.
If suitable remedies are not completed, the City may self-perform
repairs or hire others to make repairs from the collected fees or
surety for time and materials plus 10%.
(f)
If work is not complete when the permittee notifies the City
that work is complete, the City may charge time and materials for
efforts to reinspect work additional time(s).
(g)
Refundable fees will be returned/released as soon as Director
of Public Works deems appropriate, but not to exceed one year after
the permittee notifies the City that work is complete.
(h)
The City will not charge fees nor pay interest for holding deposits
related to permit fees. In lieu of placing the required deposits related
to permit fees with the City, the permittee may establish a third-party
escrow at a financial institution. If the deposit is placed in an
escrow account, in lieu depositing the funds with the City, the City
needs to be a party to the agreement in that the City would be the
only entity authorized to determine release of the escrow funds. All
fees associated with a third-party escrow established to hold deposits
required for permit fees shall be paid for by the permittee and are
not refundable.
E.
Permit to be displayed. The permit shall be displayed on the site
at all times.
F.
Permit to become void. Unless the work shall be commenced within
30 calendar days of the issuance of the permit, the permit shall be
void, and a new permit shall be obtained and an additional fee charged.
The permit will remain in effect for one year from date of issuance.
The Director of Public Works may extend the time limitation for sufficient
cause.
G.
Worker and worksite safety. The permittee is fully responsible for
worker and worksite safety. Any comments and/or stop-work orders issued
from City staff, or its representatives, shall not place responsibility
on City for safety.
H.
Stop-work order.
(1)
For safety reasons to the traveling and general public, the City
may issue a verbal stop-work order. The stop-work order will be in
effect immediately from the verbal command until satisfactory traffic
control and pedestrian barricades are in place. A stop-work order
does not move any liability from the permittee to the City.
(2)
To protect receiving waters from erosion and sediment leaving the
worksite, the City may issue a verbal stop-work order. The stop-work
order will be in effect immediately from the verbal command until
satisfactory erosion and sediment control measures are in place. The
permittee will be responsible for any cleanup and damage caused to
other properties as a result of inadequate erosion and sediment control
methods.
J.
Permit to be revoked. After issuance of a citation(s), the Director
of Public Works, or his designee, may hand deliver or email a written
notice to the permittee as a final warning that the permittee is failing
to comply with the stipulations in the issued permit. The notice will
designate a time frame required for full compliance. Failure of the
permittee to become fully compliant within the designated time frame
makes the permit subject to revocation and forfeiture of all nonrefundable
and refundable permit fees.
(1)
Permittees who have a permit revoked shall not be eligible to receive
another Franklin permit to construct, maintain or repair infrastructure
within public right-of-way for five years from the date of revocation.
K.
Notices required.
(1)
The permittee shall notify all public and private individuals, firms
and corporations affected by the work at least 24 hours before such
work is to start.
(2)
The permittee shall notify the Director of Public Works or his or
her authorized representative at least 24 hours prior to the time
of starting work and again at least four hours prior to backfilling
and/or restoring the surface.
L.
Emergency work. In the event of an emergency arising out of office
hours, at night, Sundays or legal holidays, when an immediate excavation
may be necessary for the protection of public or private property,
the same shall be reported to the Police Department, which shall grant
permission to make the necessary excavation upon the express condition
that an application be made in the manner herein provided on or before
noon of the next following business day.
M.
Construction of new facilities. Within six months after notification
by the City that a new street, alley or sidewalk pavement is to be
constructed, all public and private utilities, firms or individuals
shall construct their necessary facilities in a manner not to interfere
with the paving work.
N.
Maximum street opening. The permittee shall prosecute the work in
such a manner so that not more than 600 lineal feet of trench shall
be open at one time.
O.
Completion of the work. Excavations shall not remain open in excess
of three calendar days unless specific permission is obtained from
the Director of Public Works prior to the third day. For each day
or fraction thereof, the excavation remains open in excess of three
days, the permittee shall forfeit to the City as damages the sum of
$100. This amount may be deducted from the refundable fees.
P.
Method of doing work.
(1)
Excavating. The trench shall be excavated to a sufficient width and
depth to permit the laying of the pipe or conduit, using special care
to avoid damaging existing conduits or pipes. All work shall be done
in a manner to conform to the Wisconsin Administrative Codes that
may apply and to the rules and regulations of the City. All refuse
and excess excavated material shall be removed from the street surface
as the work progresses and shall not be permitted to be deposited
on the site.
(2)
Maintenance of opening. The applicant shall backfill the opening
immediately upon the completion of the work and place at least eight
inches of traffic bind or similar material in the opening. The applicant
shall maintain the opening in good condition for six months after
the completion of the work or until the surface has been restored,
either by the permittee or the City.
(3)
Backfilling. Backfilling shall be done with due care in a workmanlike
manner and shall be consolidated by flooding or tamping according
to approved methods so as to prevent the settling of the facility.
In all streets, alleys, sidewalks or other public ways, whether improved
or unimproved, all excavated material shall be removed and the trench
shall be completely backfilled with clear limestone, one bag concrete
mix slurry or gravel, unless permission is obtained from the Director
of Public Works to use excavated material for backfill.
(4)
Barriers and lights in streets. Each opening made in the street or
public ways shall be enclosed with sufficient barriers. Red lights
must be kept burning from sunset to sunrise, one red light to be placed
at each end of opening in street and other lights to be placed at
intervals of 10 feet. All necessary precautions shall be taken to
guard the public effectually from accidents or damage to persons or
property from the beginning to the end of the work.
(5)
Restoration of surface. Should any person, firm or corporation fail
to restore the surface within seven calendar days or within a period
determined by the Director of Public Works, the City will make such
repairs and will direct to bill the utility for the cost of labor,
material and an administrative cost of 15%.
(6)
Street cuts.
(a)
How cut. All cuts in streets owned by or to be dedicated to
the City shall be saw cut.
(b)
Backfill. Excavation from street cuts made in streets owned
by or to be dedicated to the City shall be backfilled with aggregate
slurry backfill consisting of No. 1 and No. 2 coarse aggregate Class
"C" concrete mix, with the cement deleted and prepared by mixing the
material with water to inundate the aggregate sufficient to provide
an approximate three-inch slump which is deposited in the trench directly
from a concrete transit mix truck according to Standard Specifications
for Sewer and Water Construction in Wisconsin, March 1, 1980 (4th
ed.).
R.
Permit limits. Unless otherwise stipulated for special circumstances,
all permits shall expire one year after date of issuance.
A.
Prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which such person is the owner or occupant, including the installation of a private lawn sprinkler or sprinkler system in the public right-of-way, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to buildings which project
not more than six inches from the face of such building and which
do not extend below any point 10 feet above the sidewalk, street or
alley.
(2)
Awnings which do not extend below any point seven
feet above the sidewalk, street or alley.
(3)
Public utility encroachments authorized by the City.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three inches on a sidewalk,
provided that such goods, waters, etc., do not remain thereon for
more than three hours.
(5)
Building materials, when placed upon the street, alley
or sidewalk, upon conditions prescribed by the Director of Public
Works. He or she may require such materials to be protected by barricades
or appropriate lights.
(7)
Installed private lawn sprinklers or sprinkler systems
to provide irrigation to a berm, planting strip, median island or
other similar landscaping feature required by the City to be installed
and/or maintained by a developer or property owner, subject to the
prior approval of the Common Council, upon a finding that such sprinkler
installation use will not interfere with the public interest in such
property.
A.
Owner to clean sidewalk. The owner of any building
or lot fronting upon or adjoining any street shall clean or cause
to be cleaned the sidewalk abutting such building or lot of snow and
ice and shall cause the same to be kept clear of snow and ice within
24 hours after such snow or ice has ceased to fall or accumulate thereon,
provided that when ice has so formed on any sidewalk that it cannot
be removed, such person shall ensure safe traversing by applying an
abrasive material or salt within the time period referred to herein.
B.
Depositing snow on streets and public property. No
person shall throw, blow, pile or place, or cause or allow to be thrown,
blown, piled or placed, any snow or ice on any public street, public
place or public property. This subsection may be enforced against
any person or entity performing snow removal or the person or entity
owning the property from which the snow was removed or all of the
aforesaid parties. This subsection shall not apply to any employee
of the Department of Public Works, Fire Department or Police Department
while acting within the scope of City employment.
[Amended 5-17-2005 by Ord. No. 2005-1841]
C.
City may effect compliance. Whenever any owner of any lot or parcel fails or neglects to remove snow and ice from any sidewalk, the Director of Public Works, without notice, shall cause such snow and ice to be removed therefrom. The Director of Public Works shall determine on a yearly basis the costs of such abatement and keep an accurate account of the expense of keeping sidewalks clear of snow and ice where the owners of such lots fail to do so. The Director of Public Works shall report recorded expenses to the City Clerk, who shall enter the cost of such snow or ice removal on the tax roll as a special tax against the lot affected. In addition to the aforesaid City abatement costs, any person or entity who shall violate any provision of this § 222-6 may, after given written notice, be subject to citation by the Superintendent or Assistant Superintendent of Public Works for the City of Franklin and, upon conviction of a first offense thereof, forfeit the sum of $50 for single-family residential property and $100 for multifamily, commercial or industrial property, and be otherwise subject to all of the remaining terms and provisions of §1-19, the penalty provisions of this Municipal Code.
[Amended 5-17-2005 by Ord. No. 2005-1841]
D.
Exceptions. Sidewalks on double frontage lots shall
be maintained as set forth above, except that the City shall be responsible
for snow and ice removal from walks that service the rear of such
double frontage lots. Owners of cemetery property shall be exempt
from the requirements of this section, and the City shall be responsible
for snow and ice removal from sidewalks abutting cemetery property.
Owners of single-family zoned and developed property abutting a public
sidewalk shall be exempt from the requirements of this section and
the City shall be responsible for snow and ice removal from such sidewalk,
where the density of the single-family dwelling structures along the
length of the abutting contiguous public sidewalk is more than 750
feet, measured lineally and parallel to the public sidewalk.
[Amended 2-5-2008 by Ord. No. 2008-1938; 12-21-2010 by Ord. No. 2010-2036]
A.
Procedure. Upon written application of a party disputing
the location of a rural mailbox within the public right-of-way addressed
to the Building Inspector stating the reasons for his or her objections
to such location, the Building Inspector shall investigate such complaint
and attempt to resolve it. If the Building Inspector cannot resolve
the complaint, he or she then shall determine where such mailbox shall
be located and advise the owner of the mailbox to locate or relocate
the mailbox at a designated spot. His or her determination shall be
in writing and addressed to the owner of the mailbox. The owner shall
be allowed up to 30 days to relocate the mailbox.
All stones and/or rocks or other material lying
within the public right-of-way shall be removed or set back as follows:
A.
If there is an existing curb and gutter, the stones
and/or rocks or other material shall be relocated so that such materials
are not within three feet of the back of the curb and gutter.
B.
If there is no curb and gutter, the stones and/or
rocks or other materials shall not be kept within six feet of the
edge of the street or roadway.
[Added 9-15-1998 by Ord. No. 98-1511]
Where the City has required as a condition of
subdivision development that a group mailbox holder be provided to
serve cul-de-sac properties within the subdivision, no person shall
install any mailbox to serve a property designated to be served by
the group mailbox holder, outside of the mailbox holder, and any such
outside or freestanding mailbox is prohibited.
No property owner shall cause the discharge
of water from his or her sumps directly or indirectly upon any public
street or highway from November 15 to April 15 of each year. During
such period, the property owner shall discharge the water from their
sumps onto their lawns at a point not more than 10 feet from their
building.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A.
Permit required. No person shall obstruct, close or
otherwise deter traffic in the public streets, roads or highways without
a permit issued by the City Clerk of the City. This section shall
not apply to City, county or state personnel working in the streets,
roads or highways.
B.
Application for license. Any person desiring to obstruct
or deter traffic or close a street, road or highway shall complete
a permit application form obtainable from the office of the City Clerk.
The application form shall state:
(1)
The name and address of the applicant.
(2)
The name and address of the person or association
the applicant represents.
(3)
The nature and purpose of the obstruction or street
closing.
(4)
A description of all parts of the road, street or
highway which the applicant seeks to obstruct or close.
(5)
The date and times which the street, road or highway
is proposed to be obstructed or closed.
(6)
The estimated number of people proposed to attend
the event.
(7)
The plans for cleaning up after the event is completed.
(8)
Provisions for allowing ingress and egress of people
or businesses denied access during the event.
(9)
If the street, highway or road is owned by another
jurisdiction (county or state), whether the applicant has obtained
permission from that other jurisdiction.
(10)
All applications shall be signed and sworn to
by the applicant.
C.
Permit consideration. Upon filing the completed application,
the City Clerk shall forward the application to the Police Chief and
City Engineer for their comments on such matters as traffic rerouting,
police services required, public works services required and other
relevant matters.
D.
Issuance of permit upon return of comments from the
Police Chief and City Engineer. The City Clerk may issue the permit
and place such conditions upon it as are appropriate to secure the
public safety and assure compliance with the conditions, including
but not limited to use of a cash bond for damage restoration, cleanup,
loan of and return of street barricades, use of extra City services
and time deadlines for cleanup. No permit shall be issued if the street,
road or highway is owned by another jurisdiction and the application
fails to obtain the permission of the jurisdiction owning the street,
road or highway.
E.
Appeal. If the City Clerk declines to grant the permit,
the applicant may appeal such denial to the City Council.
F.
Road damage and cleaning. After the event has been
completed, the applicant is responsible for assuring that the area
used for the event is returned to the same condition as it was prior
to the event, including but not limited to damage to the road and
litter pickup.
[Added 4-3-2017 by Ord.
No. 2017-2265[1]]
A.
COAL TAR
COAL TAR SEALANT PRODUCT
DIRECTOR
HIGH-PAH SEALANT PRODUCT
PAVEMENT SEALANT PRODUCT or SEALCOAT
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A byproduct of the process used to refine coal. Coal tar
contains high levels of polycyclic aromatic hydrocarbons (PAHs).
A pavement sealant product that contains coal tar, coal tar
pitch, coal tar pitch volatiles, RT-12, refined tar or any variation
assigned the Chemical Abstracts Service (CAS) Numbers 65996-92-1,
65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
The City Engineer or the City Engineer's designee.
Any pavement sealant product that contains greater than 0.1%
polycyclic aromatic hydrocarbons (PAHs) by weight, including, but
not limited to, coal tar sealant products and sealant products containing
steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis
fuel oil, heavy fuel oil, ethylene tar, or any variation of those
substances assigned the Chemical Abstracts Service Number 64742-90-1,
69013-21-4 or related substances.
Any substance that is typically applied on paved surfaces
to protect the surfaces. This may include but is not limited to sealant
products that are coal tar or asphalt based.
A group of organic chemicals that are formed during the incomplete
combustion of coal, oil, gas, or other organic substances, are present
at high levels in coal tar, and are known to be harmful to humans,
fish, and other aquatic life.
B.
Enforcement. Violations of this section will be enforced by the City
Engineer or the City Engineer's designee.
C.
Regulation of the application and sale of coal tar or other high-PAH
sealant products.
(1)
Except as provided in Subsection D, no person shall apply any coal tar sealant product or high-PAH sealant product within the City of Franklin.
(2)
No person shall sell, offer to sell, or display for sale any coal
tar sealant product or high-PAH sealant product within the City of
Franklin.
(3)
Any person who sells pavement sealant products shall prominently display, in the area where such pavement sealant products are sold, a notice that contains the following language: "The application of coal tar sealant products or other high-PAH sealant products on driveways, parking lots and all other paved surfaces in the City of Franklin is prohibited by § 222-11 of the City of Franklin Municipal Code of Ordinances. Polycyclic aromatic hydrocarbons (PAHs), are a group of organic chemicals that are known to cause cancer and are toxic to aquatic life. Coal tar and other high-PAH sealant products are a major source of PAHs that can travel into homes, buildings, and soils, or be carried by stormwater and other runoff into the water resources of the City of Franklin."
(4)
No person shall allow a coal tar sealant product or other high-PAH
sealant product to be applied upon property that is under that person's
ownership or control.
(5)
No person shall contract with any commercial applicator, residential
or commercial developer, or any other person for the application of
any coal tar sealant product or high-PAH sealant product to any driveway,
parking lot, or other surface within the City of Franklin.
(6)
No commercial applicator, residential or commercial developer, or
other similar individual or organization shall direct any employee,
independent contractor, volunteer, or other person to apply any coal
tar sealant product or high-PAH sealant product to any driveway, parking
lot, or other surface within the City of Franklin.
D.
Exemptions. The director may exempt a person from a requirement of
this chapter if the director determines that:
(1)
The director may exempt a person from the requirements of Subsection C if the person is conducting bona fide research concerning the effects of a coal tar sealant product or high-PAH sealant product on the environment; the use of the coal tar product or high-PAH sealant product is required for said research; and the director determines that said research will not cause significant contamination of the surrounding environment, including soils and aquatic ecosystems, and will not unduly endanger human health.
E.
Penalty.
(1)
Any person who violates Subsection C by applying a coal tar sealant product or high-PAH sealant product at his or her residence shall be subject to a fine not to exceed $500.
(2)
Each day that a violation occurs or continues is a separate offense
and subject to an additional fine.
(3)
Any commercial sealant product applicator, residential or commercial developer, industrial or commercial owner, or any other person, other than a person identified under Subsection E(1) above, who violates Subsection C shall be subject to a fine of not less than $1,000 nor more than $10,000. Each incidence of a violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment for not less than 30 days nor more than 100 days.