Chapter 13.08


13.08.010    Connection to water and sewer mains.

13.08.020    Penalty for violation of this chapter.

13.08.030    Definitions.

13.08.040    Administration.

13.08.050    Connection permits.

*    Prior code history: Prior code §§ 13.03, 13.04.

13.08.010 Connection to water and sewer mains.

A.    In order to provide for the health, safety and welfare of the city, this section is enacted pursuant to the authority of the Wisconsin Statutes, Administrative Code, and general municipal powers.

B.    All buildings including those used for human habitation shall connect to the water main within ten years of their water main assessment coming due or upon sale or transfer of ownership, whichever occurs first. Conveyances made between joint tenants or tenants in common pursuant to a divorce decree or to a surviving spouse pursuant to the probate of an estate are not transfers in ownership for purposes of this subsection.

C.    Any building in the city including those used for human habitation and located adjacent to a sewer or water main, or in a block through which one or both of these systems extend, must connect to the water and/or sewer main, after receipt of a written notice to connect from the water and sewer board. Such notice shall specify the period of time within which the connection shall be made, which shall not be less than ninety (90) days from the receipt of the notice. Notice shall be by certified mail, written receipt requested, addressed to the property owner listed on the city tax roll.

D.    The owner’s failure to connect as of the time specified may result in a forfeiture against the owner per day for each day the violation continues. The zoning and building administrator shall have the authority to issue citations under this section.

E.    In addition to any forfeiture or in lieu of any forfeiture, the city may cause the connection to be made and the expense thereof assessed as a special tax against the property; within thirty (30) days after the completion of the work, the owner of the property may file a written request with the city clerk stating that he or she cannot pay the amount due in one sum and asking that it be levied in five equal annual installments, and the amount shall be so collected with interest at a rate not to exceed fifteen (15) percent per year from completion of the work with any unpaid balance to be a special tax lien. (Ord. 2319-13 § 1, 2013; Ord. 2024 § 5 (part), 2005; Ord. 1957-04 § 1, 2004: Ord. 1867 § 1, 2002)

13.08.020 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 36, 2019)

13.08.030 Definitions.

The following definitions apply in this chapter:

“City” means the city of Brookfield.

“City engineer” means the city engineer or his or her designee.

“City inspector” means any person authorized by the city engineer to carry out inspections related to the provisions of this chapter.

“Connect” or “connection” means attaching a sanitary sewer lateral, water service lateral, or sump pump discharge pipe to a city-owned utility.

“Person” means any person, firm, entity, organization, or corporation. “Person” does not include the city or any contractor doing work in the right-of-way for the city.

“Right-of-way” means the surface of and the space above and below the entire width of an improved or unimproved public roadway, highway, street, bicycle lane, landscape terrace, shoulder, side slope, and public sidewalk over which the city of Brookfield, Waukesha County, or the state of Wisconsin exercises any rights of management and control or in which the city of Brookfield, Waukesha County, or the state of Wisconsin has an interest. (Ord. 2592-20 § 20 (part), 2020)

13.08.040 Administration.

A.    Administrator. The city engineer is responsible for administering this chapter.

B.    Powers. As part of the administration of this chapter, the city engineer may:

1.    Interpret the provisions of this chapter.

2.    Develop forms and procedures for submission of applications for permits consistent with this chapter.

3.    Collect any fee, deposit, and/or cost required by this chapter.

4.    Require, as a condition of completeness of any application, notice to members of the public that may be affected by the connection that is the subject of the permit application.

5.    Establish deadlines for submission of information related to an application and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations.

6.    Issue notices of incompleteness or requests for information in connection with any permit application.

7.    Select and retain an independent consultant with expertise in utilities to review any issue that involves specialized or expert knowledge in connection with any permit application.

8.    Coordinate and consult with other city staff, committees, and governing bodies to ensure timely action on all other required permits under this code.

9.    Subject to appeal as provided in Section 13.08.050(F), determine whether to grant, grant subject to conditions, or deny an application.

10.    Take such other steps as may be required to timely act upon permit applications, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

11.    Set a permit’s duration, extend such duration at an applicant or permittee’s request, and deny any extension of duration. (Ord. 2592-20 § 20 (part), 2020)

13.08.050 Connection permits.

A.    Permit Required. No person shall connect to a city-owned utility without having first obtained a connection permit under this section.

1.    Exemptions. A permit is not required if:

a.    The connection occurs at the curb stop or service valve; or

b.    When the facility placement is part of a project or work subject to an executed development agreement or subdivider’s agreement with the city.

B.    Application.

1.    Application Information. An application for a permit shall be filed with the city engineer and shall contain, and will not be considered complete without, unless federal or state regulations require otherwise, the following information:

a.    Applicant’s name, street address, email address, and telephone number; and the property owner’s name and street address.

b.    Certificate(s) of insurance compliant with the city’s standards, which are set forth in Section 12.17.070(D)(14).

c.    Execution of an indemnification agreement with the terms set forth in Section 12.17.070(D)(5) and included in the application form prescribed by the city.

d.    Evidence that the applicant has registered with the city under Section 12.16.020 as applicable.

e.    Identification in detail of the location of the proposed connection and any affected right-of-way, public utility easements, public trees, the location of all existing and proposed facilities or improvements within the project area, installation details, traffic control plans, proposed project dates, proposed excavations, and an explanation of how the project differs from plans submitted with registration if applicable, along with other details requested by the city engineer.

f.    Any other information as requested by the city engineer.

g.    The applicant shall indicate if any federal or state rules apply to the processing of the application, citation to the specific rule, and the basis for that conclusion.

h.    Applicable permit fees, inspection deposits, security deposits, and costs as set forth in this chapter, unless an exemption applies.

i.    Execution of a temporary easement document by the property owner to allow the city to perform the connection per the specifications of the city engineer and plumbing inspector in the event the owner or applicant fails to complete the construction and/or connection.

i.    The city attorney shall approve any temporary easement executed pursuant to this chapter.

C.    Permit Fees and Deposits.

1.    Fee Amount. The permit fee shall be as set forth in Section 3.28.010(UU). In addition, the applicant shall pay an inspection deposit in an amount determined by the city engineer to cover the cost of inspection and post a security of a letter of credit or cash deposit with the city in one hundred ten (110) percent of the amount necessary to facilitate the construction and complete the connection per the specifications of the city engineer and plumbing inspector in the event that the owner or applicant fails to complete such work. The city attorney shall approve any letter of credit.

a.    Exemption. If the applicant is another municipality, the municipality shall be exempt from paying the permit fee.

2.    Payment of Permit Fees. No permit shall be issued until payment of the permit fee, inspection deposit, and security deposit. If the cost of inspection exceeds the inspection deposit amount, the applicant or permittee shall pay the difference within thirty (30) days of demand or be subject to penalty or revocation of the permit.

3.    Refundability. The permit fee is nonrefundable. The city shall deduct inspection fees from the inspection deposit; any remaining deposit shall be returned after the city completes its final inspection.

D.    Inspection.

1.    Standards. The permittee shall perform all work and connections according to city specifications and/or in accordance with the conditions specified in the permit.

2.    Notice of Commencement. The permittee shall notify the city engineer of the commencement date of the work, at least three business days prior to said commencement date. If the excavation of the right-of-way begins later than the date given on the permit, the permittee shall notify the city engineer of the actual commencement date as soon as this information is known.

3.    Notice of Completion. When work under any permit issued hereunder is completed, the permittee shall notify the city engineer. The permittee shall certify, on forms provided by the city engineer, either that the work was completed in conformance with the plans and drawings approved by the city engineer when issuing the permit or shall submit as-built plans and drawings and list the ways in which the as-built plans and drawings differ from the approved plans and drawings. If the excavation of the right-of-way ends sooner than the date given on the permit, the permittee shall notify the city engineer of the actual end date as soon as this information is known.

4.    Site Inspection. The permittee shall make the work site available to the city inspector and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.

5.    Authority of City Engineer. At any time, the city engineer may order the immediate cessation of any work that poses a threat to the life, health, safety, or well-being of the public. The city engineer may issue an order to the permittee to correct any work that does not conform to the applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten business days after issuance of the order, the permittee shall present proof to the city engineer that the violation has been corrected. If such proof has not been presented within the required time, the city engineer may revoke the permit pursuant to subsection (F) of this section.

E.    Other Obligations.

1.    Compliance with Other Laws. Obtaining a connection permit does not relieve a permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any city, county, state, or federal rules, laws, or regulations. A permittee shall comply with all requirements of local, state, and federal laws, including Waukesha County or state of Wisconsin restoration standards, if applicable. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.

2.    Prohibited Work. Except in an emergency or with the approval of the city engineer, no connections shall occur when the ground is frozen or when conditions are unreasonable for such work.

F.    Revocation or Suspension and Appeal.

1.    The city engineer may refuse to issue a permit or may revoke, suspend, or refuse to extend an existing permit if he or she finds any of the grounds stated below. The city engineer’s decision shall be in writing and shall state the reasons for the action taken.

a.    The applicant or permittee is required by Section 12.16.020 to be registered and has not done so;

b.    The permit application is incomplete unless federal or state regulations provide otherwise;

c.    The applicant or permittee is seeking to perform work that does not meet the standards set forth in one or more provisions of this chapter;

d.    Issuance of a permit for the requested date would interfere with an exhibition, celebration, festival, or other city-sponsored or approved event;

e.    Misrepresentation of any fact by the applicant or permittee;

f.    Prior failure of the applicant or permittee to maintain required deposits or insurance or failure to pay for inspections;

g.    Prior failure of the applicant or permittee to complete work within permitted time;

h.    The proposed activity is contrary to the public health, safety or welfare;

i.    The extent to which space is available in the right-of-way for which the permit is sought;

j.    The competing demands for the particular space in the right-of-way;

k.    The availability of other usable locations in the right-of-way or in other rights-of-way for the connection of the permittee or applicant;

l.    The applicability of ordinances or other regulations of the right-of-way that affect location of connections in the right-of-way;

m.    The condition and age of the right-of-way and whether and when it is scheduled for total or partial reconstruction;

n.    The director of parks, recreation and forestry or his or her designee has not approved the issuance of the permit pursuant to Section 12.28.050; or

o.    The applicant or permittee is otherwise not in full compliance with the requirements of this code or state or federal law.

2.    Appeal to Administrative Appeals Board. Any person adversely affected by the decision of the city engineer may appeal that decision to the administrative appeals board, which may decide the issues de novo, and whose written decision will be the final decision of the city. The city elects not to be governed by Chapter 68, Wisconsin Statutes, in whole for an appeal under this chapter.

3.    Deadline to Appeal. Appeals must be filed within ten business days of the written decision of the city engineer. (Ord. 2592-20 § 20 (part), 2020)