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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
The improvements prescribed in this Ordinance are required as a condition of approval of a Subdivision, Certified Survey Map, or Condominium. The required improvements described in this Ordinance shall be installed, furnished, and financed at the sole expense of the Subdivider or Condominium Developer. However, in the case of required improvements in a commercial, industrial, or other nonresidential area, the cost of such improvements, at the sole discretion of the Common Council, may be financed through special assessments. A contract, or "Subdivider's Agreement," with the Subdivider and/or Condominium Developer as specified under § 15-2.0303 of this Ordinance shall be required. Financial sureties described in § 15-2.0303 of this Ordinance shall be required.
The required improvements set forth in this Ordinance shall be installed in accordance with the City Engineer's "Standards and Specifications for Development." Where the City has no prescribed standards and specifications, the improvements shall be made in accordance with good engineering practices, approved prior to the commencement of construction by the City Engineer.
The Subdivider shall install survey monuments placed in accordance with the requirements of Chapter 236.15 of the Wisconsin Statutes and as may be required by the City Engineer.
A. 
Right-of-Way and Roadbed Grading. After the installation of temporary block corner monuments by the Subdivider and establishment of street grades, the Subdivider shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the City and in conformance with the City Engineer's "Standards and Specifications for Development." The Subdivider shall grade the roadbeds in the street right-of-ways to subgrade.
B. 
Grading of Cut and Filled Lands. Cut and filled lands shall be graded to a maximum slope of one to four, or the soil's angle of repose, whichever is the lesser, and covered with permanent vegetation.
C. 
Preservation of Septic Field Areas During Grading. During grading operations, every effort shall be made by the Subdivider or Condominium Developer to preserve and protect any active septic field areas from damage.
D. 
Preservation of Existing Trees During Grading. During grading operations, every effort shall be made by the Subdivider or Condominium Developer to preserve and protect from damage those existing trees identified in the "Natural Resource Protection Plan" to be preserved and retained as a part of the Subdivision, Certified Survey Map, or Condominium approval. (See § 15-8.0204 of this Ordinance).
A. 
Roadway Surfacing. After the installation of all required utility and stormwater drainage improvements, the Subdivider shall surface all roadways in streets proposed to be dedicated to the widths prescribed by these regulations and the City of Franklin Comprehensive Master Plan or plan components.
B. 
Required Surfacing Specifications. Said surfacing shall be done in accordance with plans and standard specifications approved by the City including the City Engineer's "Standards and Specifications for Development."
In all Subdivisions, Certified Survey Maps, and Condominiums the Plan Commission and Common Council shall require the Subdivider to construct concrete curbs and gutters in accordance with plans and "Standards and Specifications for Development" as approved by the City Engineer. Wherever possible, provision shall be made at the time of construction for driveway access curb cuts.
Sidewalks shall be required in the Subdivision, Certified Survey Map, or Condominium under the following conditions: one side of all collector streets; on the school and/or public park side of a collector street; on minor, collector and/or arterial streets which provide adjacent access to school and/or public park sites; on arterial streets with an urban type of cross-section; and any other identified pedestrian access areas to accommodate safe and adequate pedestrian circulation. Where sidewalks are provided, they shall be a minimum of five feet in width and be located within a dedicated public right-of-way or pedestrian access easement. If the sidewalk is to be located within a pedestrian access easement, said easement shall be a minimum of 20 feet in width as specified in Table 15-5.0103 of this Ordinance.
When permanent rural street sections have been approved by the Common Council in areas not located within the urban service boundaries of the City of Franklin, the Subdivider shall finish grade all shoulders and road ditches, install all necessary culverts at intersections and, if required, surface ditch inverts to prevent erosion and sedimentation in accordance with plans and standard specifications approved by the City, including the City Engineer's "Standards and Specifications for Development," and as set forth in Table 15-5.0103 of this Ordinance.
The Subdivider or Condominium Developer shall install required bicycle paths and trails in accordance with the plans and specifications, including the City Engineer's "Standards and Specifications for Development," approved by the City. The Subdivider shall assume the entire cost of such bicycle paths and trails except in the case of dual bicycle paths and streets. The added cost for streets wider than those required by Table 15-5.0103 of this Ordinance in order to accommodate bicycle paths and trails shall be the responsibility of the municipality charged with the maintenance of the proposed facility. In the event the Subdivider wishes to install dual lane facilities, which may not be required by the City, the total cost of such improvements shall be borne by the Subdivider or Condominium Developer as applicable.
When public sanitary sewer facilities are available to the Subdivision Plat, Certified Survey Map or Condominium, the Subdivider or Condominium Developer shall construct sanitary sewer facilities in such a manner as to make adequate sanitary sewer service available to each lot within the Subdivision or Certified Survey Map or dwelling unit within a Condominium. In addition:
A. 
Extent of Required Installation of Lateral Sewer Lines. The Plan Commission shall require the installation of sewer laterals to the street lot line.
B. 
Plans and Specifications Required. The size, type, and installation of all sanitary sewers and sanitary sewer laterals proposed to be constructed shall be in accordance with plans and standard specifications, including the City Engineer's "Standards and Specifications for Development," approved by the City of Franklin.
C. 
Costs Associated with Sanitary Sewers Eight Inch or Less in Diameter. The Subdivider or Condominium Developer (as applicable) shall assume the cost of installing all sanitary sewers that are eight inches in diameter or less.
D. 
Costs Associated with Sanitary Sewers Larger than Eight Inch in Diameter. If larger than eight inch diameter sanitary sewers are required to handle the contemplated sewage flows, the costs of such larger sewers shall be prorated in proportion to the ratio which the total sewage of the proposed Subdivision, Certified Survey Map, or Condominium is to the total sewage capacity to be served by such larger sewer and the excess cost shall be either borne by the City of Franklin or assessed against the total tributary sewer area.
E. 
Sanitary Sewer Availability and Requirements for Installation. The Subdivider or Condominium Developer shall install sanitary sewers in accordance with this Ordinance and specifications of the City of Franklin, including the City Engineer's "Standards and Specifications for Development." All sanitary sewers shall be extended to the farthest property line of any property served which shall include the full property frontage along a public street right-of-way.
Where public sanitary sewer facilities are not available in the B-1, B-2, B-3, B-4, B-5, B-6, M-1, M-2, M-3, I-1, P-1, and L-1 zoning districts only, the Plan Commission or Common Council may require the developer to construct either individual or common wastewater holding facilities sufficiently sized and placed to accommodate the proposed development. The individual or common wastewater holding facilities shall be constructed pursuant to all applicable State, County, and local regulations as amended and in such a manner so as to make available wastewater holding facilities to the proposed development.
[Amended 6-7-2016 by Ord. No. 2016-2218]
The Developer, Subdivider or Condominium Developer shall construct stormwater drainage facilities adequate to serve the proposed development. These facilities may include curbs and gutters, catch basins and inlets, storm sewers, road ditches, open channels, water retention and detention structures, infiltration/biofiltration basins, and other green infrastructure. All such facilities shall be of adequate size and grade to hydraulically accommodate the design volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. All stormwater drainage facilities shall be constructed in accordance with the provisions of the City of Franklin Stormwater Management Ordinance. In addition:
A. 
Detailed Site Specific Stormwater Management Plan Required. A detailed stormwater management plan shall be prepared by a Wisconsin registered professional engineer for property proposed for development which shall include, but not be limited to, the following:
1. 
Existing and proposed topography at two-foot contour intervals of the proposed Subdivision, Certified Survey Map, or Condominium.
2. 
Proposed elevations of all streets.
3. 
Proposed drainage swales.
4. 
Proposed storm sewers, manholes, and inlets.
5. 
Construction site erosion facilities.
6. 
A report and map(s) showing the drainage basin for the entire area where the Subdivision, Certified Survey Map, or Condominium is located, including estimates of the total acreage in the drainage basin and percentage of the drainage basin within the proposed Subdivision, Certified Survey Map, or Condominium.
7. 
Location of any planned stormwater quantity and/or quality control facilities and applicable calculations and/or models for their sizing and design.
8. 
Calculations relating to the amount of runoff from the site of the proposed Subdivision, Certified Survey Map, or Condominium prior to development and anticipated runoff following the development of the site.
B. 
Drainage Facilities:
1. 
Required drainage facilities shall include stormwater detention and/or retention basins, structures, and settling basins to prevent erosion and sedimentation where such facilities discharge into streams or lakes.
2. 
The design criteria, the size, type, grades, and installation of all stormwater drains and sewers and other cross-section, invert and erosion control paving check dams, flumes, or other energy dissipating structures and seeding and/or sodding of open channels and unpaved road ditches proposed to be constructed shall be in accordance with the plans and standard specifications, including the City Engineer's "Standards and Specifications for Development," approved by the City.
C. 
Storm Sewers: The Developer shall assume the cost of installing all required storm sewers within the proposed development.
D. 
Cost Responsibility. Subdivider shall be responsible for all City costs to review the Stormwater Management Plan.
A. 
Adequate Public Water Supply Facilities to be Made Available. When public water supply and distribution facilities are available to the Subdivision Plat, Certified Survey Map, or Condominium or when it is proposed to establish a private water supply and distribution system to serve two or more lots or dwelling units, the Subdivider or Condominium Developer shall cause such public water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the Subdivision or Certified Survey Map or to each Condominium dwelling unit. Said water supply facilities shall be made available pursuant to City of Franklin Water Utility extension rules and policies.
B. 
Additional Water Supply Facilities Requirements. When a public water supply is not available, the Common Council may allow the Subdivider of a Subdivision or Certified Survey Map or Condominium Developer to make provision for adequate private water systems as required by the City in accordance with the standards of the State of Wisconsin. In addition:
1. 
Water Laterals to Street Lot Line. The installation of water laterals to the street lot line are required.
2. 
Size, Type, and Installation of Public and Private Water Mains. The size, type, and installation of all public and private water mains proposed to be constructed shall be in accordance with plans and standard specifications, including the City of Franklin's public water supply comprehensive system plan and the City Engineer's "Standards and Specifications for Development," approved by the City.
3. 
Costs of Installing Water Mains, Water Laterals, Water System Appurtenances or Wells. The Subdivider or Condominium Developer shall assume the cost of installing all water mains, water laterals, water system appurtenances or wells within the proposed Subdivision, Certified Survey Map or Condominium except for the added cost of installing public water mains greater than eight inches in diameter pursuant to City of Franklin Water Utility extension policies. The cost of such larger water mains or other water system-related facilities shall be pursuant to City of Franklin Water Utility extension rules and policies.
4. 
Installation of Water Main. The Subdivider or Condominium Developer shall install water mains in accordance with this Ordinance and specifications of the City, including the City Engineer's "Standards and Specifications for Development." For all residential development (except Certified Survey Maps abutting existing public street rights-of-way), all water mains shall be extended to the farthest property line of any property served which shall include the full property frontage along a public street right-of-way.
The Subdivider or Condominium Developer shall cause appropriate utilities such as gas, electrical power, cable television, and telephone facilities to be installed in such a manner as to make adequate service available to each lot in the Subdivision or Certified Survey Map and to each dwelling unit in a Condominium. No such electrical, cable television, or telephone service shall be located on overhead poles. In addition, plans indicating the proposed location of all gas, electrical power and telephone, and distribution and transmission lines required to service the Subdivision, Certified Survey Map, or Condominium shall be approved by the City.
The Subdivider or Condominium Developer shall pay all costs associated with the installation of streetlights by the Wisconsin Electric Power Company along all streets proposed to be dedicated to the public. Said streetlights shall meet the following minimum standards:
A. 
Pole and Luminaire Design. The design of the streetlights shall be compatible with the neighborhood and type of development proposed. Street light pole and luminaire design shall meet the requirements set forth in the City Engineer's "Standards and Specifications for Development."
B. 
Distribution and Placement. Streetlights shall be placed at each street intersection and at each interior block location and other spacing as required by the City Engineer.
The Subdivider or Condominium Developer shall pay all costs associated with the City's installation of traffic control and street name signs along all streets proposed to be dedicated to the public. Traffic control and street name signs shall meet the following standards:
A. 
Traffic Control Signs. The design and placement of traffic control signs shall follow state regulations or the requirements specified in the most current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways published by the U.S. Department of Transportation.
B. 
Street Name Signs. The Subdivider or Condominium Developer (as applicable) shall install at least two street name signs, of a design and color as approved by the City, at each four-way street intersection proposed to be dedicated and one at each "T" intersection. Signs shall be installed so as to be free of visual obstructions.
In all Subdivisions, Certified Survey Maps, and Condominiums the City shall require the Subdivider or Condominium Developer (as applicable) to plant a minimum of one street tree of a City approved species and of a minimum caliper of 1.75 to two inches for each 85 feet of lot frontage on each side of all streets to be dedicated to the public. Said required street trees shall be planted within the public right-of-way curblawn area. All required street trees shall be installed by the Subdivider or Condominium Developer (as applicable) in accordance with plans and specifications, including the City Engineer's "Standards and Specifications for Development," and those plans and specifications approved by the Plan Commission. The species of such trees shall be planted in accordance with the planting plan established by the City of Franklin Engineering Department. In addition:
A. 
Timing of Tree Installation and City Inspection. Street trees required to be installed shall be installed for a lot or parcel prior to the issuance of an Occupancy Permit for such lot or parcel. All tree installations must be inspected by a representative of the City Engineer.
B. 
Minimum Distance to Utility Poles. No street trees shall be planted less than 15 feet from a utility pole.
C. 
Minimum Distance to Driveways. No street trees shall be planted less than five feet from a driveway.
D. 
Minimum Distance to Sidewalks. No street trees shall be planted less than three feet from a sidewalk.
E. 
Watering of Trees. The watering of trees during times of insufficient rainfall shall be the responsibility of the Subdivider or Condominium Developer and the costs of such watering shall be borne by the Subdivider or Condominium Developer.
F. 
Street Tree Guarantee Required. The Subdivider or Condominium Developer (as applicable) shall guarantee to replace any required street tree not surviving three years from the date of planting. The City shall inspect all trees installed under this Section each Spring and Fall and the Subdivider or Condominium Developer shall replace any trees as required by the City at that time and up to two times per year during the term of the Subdivider's or Condominium Developer's obligation hereunder. The Subdivider or the Condominium Developer shall notify the City Engineer in writing of the completion date of tree installation for each installation. In no case shall the street tree guarantee, as set forth herein, conflict with the surety bond herein and elsewhere described in this Ordinance.
The Subdivider or Condominium Developer shall plant those grasses, trees, and vines of a species and size as approved by the Plan Commission to prevent soil erosion and sedimentation. In addition:
A. 
Installation of Protection and Rehabilitation Measures. The Plan Commission shall require the Subdivider or Condominium Developer to provide or install certain protection and rehabilitation measures to prevent soil erosion and sedimentation, such as fencing, sloping, seeding, rip-rap, revetments, jetties, clearing dredging, snagging, drop structures, brush mats, willow poles, and grade stabilization structures. Protection and rehabilitation measures shall be in conformance with Division 15-8.0300 of this Ordinance and the City Engineer's "Standards and Specifications for Development."
B. 
Tree Cutting and Shrubbery Clearing Limitations. Tree cutting and shrubbery clearing shall not exceed the requirements set forth in this Ordinance for the specified zoning district, the limitations set forth in this Ordinance for natural resource features protection and the approved "Natural Resource Features Protection Plan" for the property as described in Division 15-4.0100 of this Ordinance, and shall be so conducted as to prevent erosion and sedimentation; preserve and improve scenic qualities; and, during foliation, substantially screen any development from stream or lake users.
C. 
Maximum Width of Paths and Trails in Wooded and Wetland Areas. Paths and trails in wooded and wetland areas shall not exceed 10 feet in width unless otherwise approved by the Plan Commission, and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs and the minimum impairment of natural beauty. Any easements for such paths and/or trails shall meet those minimum requirements as set forth in Table 15-5.0103 of this Ordinance.
D. 
Earth Moving. Earth moving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging, and lagooning, shall be so conducted as to prevent soil erosion and sedimentation and to least disturb the natural fauna, flora, water course, water regimen, and topography (also see Divisions 15-8.0300 and 15-8.0400 of this Ordinance).
E. 
Review of the Conduct of Cutting, Clearing, and Moving. Review of the conduct of such cutting, clearing, and moving may be requested of the County Soil and Water Conservation District, the State District Fish and Game Managers, and the State District Forester by the City Planner or the Plan Commission as they deem appropriate.
F. 
Slope and Terrace Protection. Areas of cuts, fills, and terraces shall be landscaped sufficiently to prevent soil erosion. All roadway slopes steeper than one foot vertically to four feet horizontally shall be planted and stabilized with groundcover appropriate for the purpose and for soil conditions, water availability, and environment as determined by the City Engineer.
A. 
Improvements to be Extended to Farthest Limits of Parcel or Lot. Any and all improvements or utility services required by this Ordinance, or a municipality's ordinance concerning areas within that municipality's extraterritorial plat jurisdiction, for the Subdivision, Certified Survey Map, or Condominium shall be extended to the farthest limits of the parcel or lot upon which a building permit is requested unless the owner is excused from meeting such requirement by the Plan Commission.
B. 
Financial Sureties for Extension of Improvements Required. In the event the improvements are required to the end of the parcel or lot, the owner, Subdivider, or Condominium Developer shall be required to post financial sureties with the City pursuant to § 15-2.0303 of this Ordinance if improvements are not made.