No construction or installation of improvements shall commence in a proposed Preliminary Plat, Certified Survey Map, or Condominium until said Preliminary Plat, Certified Survey Map, or Condominium has been approved by the Common Council and the City Engineer has given written authorization to commence work and a pre-construction meeting has been held. Inspection fees shall be required as specified in Division 15-9.0400 of this Ordinance.
No Building and Zoning Compliance Permits shall be issued for erection of a structure on any lot not of record until all the requirements of this Ordinance and the Subdivision Development Agreement or Development Agreement have been met, including the construction of required streets and sidewalks except as may be provided for under § 15-3.0804 of this Ordinance for a model home, model dwelling units and pre-construction sales office, and temporary sales structure.
The following plans and accompanying construction specifications, in conformance with the City Engineer's "Standards and Specifications for Development," shall be required by the City before authorization of construction or installation of improvements:
A. 
Street Plans and Profiles. Street plans and profiles showing existing and proposed grades, elevations and typical cross-section(s) of required improvements.
B. 
Existing and Proposed Contours. Existing and proposed contours at vertical intervals of not more than two feet. Elevations shall be marked on such contours based on National Geodetic Vertical Datum of 1929 (mean sea level);
C. 
Sanitary Sewer Plans and Profiles. Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations, and materials of required facilities.
D. 
Storm Sewer Plans and Profiles. Storm sewer plans and profiles showing the locations, grades, sizes, cross-sections, elevations, and materials of required facilities. Also, a stormwater management plan shall be required as set forth in § 15-8.0112 of this Ordinance.
E. 
Water Main Plans and Profiles. Water main plans and profiles showing the locations, sizes, elevations, and materials of required facilities.
F. 
Gas, Electrical Power, Telephone, and Cable Television Plans. Plans showing the location and size, where applicable, of all gas, electrical power, telephone, and cable television service.
G. 
Erosion and Sedimentation Control Plans. Erosion and sedimentation control plans that generally follow the guidelines and standards set forth in Division 15-8.0300 of this Ordinance, the publications U.S.D.A. Conservation Technical Guide, prepared by the U.S. Department of Agriculture, and the Storm Water Construction Technical Standards prepared by the Wisconsin Department of Natural Resources, as amended, showing:
[Amended 6-7-2016 by Ord. No. 2016-2218]
1. 
Those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation;
2. 
The time span that soil will be exposed; and
3. 
Plans to protect existing vegetation (fences, tree wells, etc.).
4. 
A report on how the control will be handled — answering the questions: who, when, and how often?
H. 
Protection Against Erosion, Siltation, Sedimentation, and Washing Required. The Subdivider shall cause all grading, excavations, open cuts, side slopes, and other land surface disturbances to be so mulched, seeded, sodded, or otherwise protected that erosion, siltation, sedimentation, and washing are prevented, in accordance with the plans and specifications, including the City's "Standards and Specifications for Development," approved by the City and Division 15-8.0300 of this Ordinance. In addition:
1. 
Sod shall be laid in strips at those intervals necessary to prevent erosion and at right angles to the direction of drainage.
2. 
Temporary vegetation and mulching shall be used to protect critical areas, and permanent vegetation shall be installed as soon as practical.
3. 
Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time.
4. 
Sediment basins shall be installed and maintained at all drainageways to trap, remove, and prevent sediment and debris from being washed outside the area being developed.
5. 
All erosion control procedures must be carried out in conformance with Division 15-8.0300 of this Ordinance.
I. 
Landscape and Planting Plans. Landscape and planting plans (see Division 15-7.0300 of this Ordinance) showing the locations, age, caliper, and species of any required grasses, vines, shrubs, and trees.
J. 
Record "As-Built" Plans. After completion of all public improvements and prior to final acceptance of said improvements, the Subdivider or Condominium Developer shall make or cause to be made three complete sets of record "as-built" plans for each of the plans required as set forth in this Section of this Ordinance and showing the actual location of all improvements made as the required by the City Engineer. These plans shall be prepared as specified by the City Engineer and shall bear the signature and seal of a professional engineer registered in Wisconsin. The presentation of the record "as built" plans shall be a condition of final acceptance of the improvements and release of the financial surety assuring their completion. These plans shall be submitted to the City Engineer for permanent filing in the Engineering Department at the City of Franklin Municipal Building. Completed storm water management practices must pass a final inspection by the City of Franklin or its designee to determine if they are in accordance with the approved storm water management plan and ordinance. The City of Franklin or its designee shall notify the responsible party in writing of any changes required in such practices to bring them into compliance with the conditions of this permit.
[Amended 6-7-2016 by Ord. No. 2016-2218]
K. 
Additional Plans. Additional special plans or information as required by City Engineer.
The Subdivider or Condominium Developer (as applicable) shall make every effort to protect and retain all existing trees, shrubbery, vines, and grasses not actually lying in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths, and trails. 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. Towards that end, the following minimum procedures shall be followed during construction:
A. 
Methodology for Tree Preservation to be Reviewed by Plan Commission. The Subdivider's or Condominium Developer's (as applicable) proposed method for preserving trees shall be reviewed by the Plan Commission or its staff during the Preliminary Plat, Certified Survey Map, or Condominium approval phase of application to the City. If, in the opinion of the Plan Commission, the Subdivider or Condominium Developer (as applicable) has not taken the necessary precaution in preserving existing trees as required by this Ordinance, no Zoning Compliance Permit or Special Use Permit shall be issued, or plat approved, until such time as the Subdivider or Developer (as applicable), amends the plans for the preservation of such existing trees.
B. 
Limitation on Encroachment of Grading and Construction Equipment. All grading and construction equipment shall be forbidden from encroaching within the tree's drip line.
C. 
Material Dumping Prohibited Within Tree Drip Line. Materials detrimental to the tree shall not be dumped or placed within a tree's drip line or at any higher elevation than the base of the tree where drainage toward the tree could adversely affect the health of the tree. Said materials shall include, but not necessarily be limited to, excess soil, stone or rock, additional fill, equipment, liquids, or construction debris.
D. 
Snow Fence Required. During grading and construction, a snow fence shall be installed at the periphery of the tree's drip line.
E. 
Attachments to Trees Prohibited. No attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any trees to be preserved during construction.
F. 
Tree Destruction and Replacement. In the event that a tree designated on the approved Preliminary Plat, Certified Survey Map, Condominium or "Natural Resources Protection Plan" for preservation should be destroyed or razed during the construction process, the Subdivider or Condominium Developer (as applicable) shall replace such tree of a species approved by the Plan Commission and having a diameter of not less than the tree so destroyed or razed. No one replacement, however, shall exceed six inches in diameter as measured at 12 inches above the ground level. However, several smaller diameter trees having a combined diameter equal to the tree razed or destroyed shall be planted for trees larger than six inches at the ratios set forth in Table 15-8.0204. Said replacement tress shall be placed in the approximate location of the tree, or trees, so destroyed. Said replacement trees shall not be counted toward any mitigation measures which may be required of the Subdivider or Condominium Developer (as applicable) as specified elsewhere in this Ordinance.
Table 15-8.0204
Minimum Tree Replacement Requirements
Size of Tree Destroyed or Razed
(in DBH)
Replacement Tree Requirements
Number of Trees Required (in Caliper)
Minimum Size of Each Tree Required
(in Caliper)
8 to 10 inches
1
3 inches
11 to 16 inches
2
3 inches
17 to 24 inches
3
3 inches
25 to 30 inches
4
3 inches
31 to 36 inches
5
3 inches
37 inches or greater
6
3 inches
The City Engineer shall review or cause to be reviewed the plans and specifications for conformance with the requirements of this Ordinance and other pertinent City ordinances and design standards approved by the City Engineer. If the City Engineer rejects the plans and specifications, the City Engineer shall notify the Subdivider or Condominium Developer who shall cause the modification of the plans or specifications or both accordingly. When the plans and specifications are corrected, the City Engineer shall approve the plans and specifications.
A. 
Authorization to Start Construction. Prior to starting the work covered by the approved plans and specifications, a pre-construction meeting shall be held with the City Engineer before work begins and written authorization to start said work shall be obtained from the City Engineer upon receipt of all necessary and required permits and in accordance with the construction methods prescribed by this Ordinance and Subdivision Development Agreement. Building Permits shall not be issued until all improvements required by this Ordinance and Subdivision Development Agreement are satisfactorily completed.
B. 
Inspection. The Subdivider or Condominium Developer, prior to commencing any work within the Subdivision, Certified Survey Map, or Condominium shall make arrangements with the City to provide for adequate inspection. The City Engineer and/or other City inspectors shall inspect or cause to be inspected and approved all completed work prior to approval of the Final Plat or release of the required financial sureties. During the course of construction, the City Engineer shall make such inspections as deemed necessary to ensure compliance with the approved plans and specifications. The Subdivider or Condominium Developer shall pay the costs incurred by the City for such inspections.
C. 
Completion of the Construction of Required Improvements. The construction of all improvements required by this Ordinance shall be completed within two years from the date of the Common Council approval of the Preliminary Plat, Certified Survey Map, or Condominium.
A. 
Form of Financial Sureties. Financial sureties furnished to the City Attorney by Subdividers or Condominium Developers (as applicable) to ensure performance of obligations and guarantees under the terms of this Ordinance shall only be in a form which the City deems secure, and may include certified checks, irrevocable letters of credit in a form approved by the City Attorney.
1. 
Determination of Financial Surety Amount. The amount of financial surety shall be 110% of the City Engineer's estimated full amount of the obligation being ensured (including the costs of inspection), nor for less a period than the work is scheduled to be completed, however, the City shall allow reductions in the amount of the financial surety in proportion to the amounts of the obligations as they are fulfilled.
2. 
Disputes Over the Amount of Financial Sureties. In a dispute over the amount of a surety, the estimate prepared by the City Engineer shall be given the greater weight.
B. 
Criteria for Determining Subdivider's or Condominium Developer's Delinquency in Meeting Requirements. The City Engineer shall give notice by registered mail to the Subdivider or Condominium Developer and the Subdivider's or Condominium Developer's surety, of such delinquency, said notice to specify the corrective measures required if the Subdivider or Condominium Developer:
1. 
Fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the completion of said work within the specified time; or
2. 
Performs the work unsuitably, as determined by the City Engineer; or
3. 
Neglects or refuses to supply materials or to perform anew such work as shall be rejected as defective and unsuitable; or
4. 
Discontinues the execution of the work; or
5. 
For any other cause whatsoever does not carry on the work in an approved manner.
C. 
Guarantee of Improvements. The Subdivider or Condominium Developer shall guarantee all improvements for a period of one year from the date of the acceptance of improvements by the City. To assure such improvement guarantee, the Subdivider or Condominium Developer shall provide an amount of financial surety (performance bond or letter of credit) not to exceed 10% of the construction value of said improvements.
D. 
Common Council Action. After said notice, the Common Council shall call upon the performance guarantee to have the work completed in accordance with the terms of the performance guarantee.