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.
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.
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.
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]
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.