Chapter 16.04


16.04.010    Adoption of Chapter 236, Wisconsin Statutes, and purpose.

16.04.020    Definitions.

16.04.030    Jurisdiction and application of title.

16.04.040    Repealed.

16.04.050    Violation—Penalty.

16.04.010 Adoption of Chapter 236, Wisconsin Statutes, and purpose.

A.    Except as otherwise provided herein, the provisions of Chapter 236, Wisconsin Statutes, relating to platting lands and recording and vacating plats, as amended, are hereby adopted throughout this title. Where the provisions of this title conflict with Chapter 236, the rules of the Wisconsin Department of Health, or the rules of the Wisconsin Department of Transportation, the more stringent provision shall apply.

B.    Pursuant to the authority granted to the City in Section 236.45, Wisconsin Statutes, the purpose of this title is to promote the public health, safety and general welfare of the community and the regulations authorized to be made are designed to lessen congestion and improve safety in the streets and highways; to further the orderly layout and use of land; to secure safety from fire, panic, and other dangers; to provide adequate light, air, and open spaces; to provide for tree-lined streets; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provisions for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; provide adequate facilities for bicycles, pedestrians, and recreation; and to facilitate the further resubdivision of larger tracts into smaller parcels of land of proper design, except in the case of previously platted residential lands, wherein Brookfield’s comprehensive plan discourages reconfigurations of said platted lands subject to the exceptions as noted and regulated under this title. The regulations provided for by this title have been made with reasonable consideration of, among other things, the character of the City or town with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation, and for encouraging the most appropriate use of land throughout the City and any town in which the City’s extraterritorial subdivision jurisdiction applies. (Ord. 2021-111604 § 1, 2021)

16.04.020 Definitions.

As used in this chapter:

“Block” means the area of land that is surrounded by streets or the area of lots that abut a street from a street intersection to another street intersection or the end of the street.

“Brookfield’s comprehensive plan” or “comprehensive plan” means the most recent edition of the City’s comprehensive plan adopted, pursuant to Sections 62.23(2) and 66.1001, Wisconsin Statutes, regarding the future physical, social, and economic development of the City.

“City Engineer” shall include the City Engineer or his/her designee.

“Collector street” means a street that provides a connection between major and secondary streets and local streets. A collector street provides access to residential, commercial, and industrial land uses and connects them to major and secondary streets. A collector street collects traffic from and distributes traffic to local minor streets, usually providing the same principal function as local minor streets, providing access to abutting property. As a result, a collector street is sometimes combined with a local minor street.

“Development agreement” means an agreement between the City and a subdivider for the construction and installation and/or dedication of improvements and the costs thereof in connection with a subdivision or land reconfiguration.

“Director of Community Development” shall include the Director of Community Development or his/her designee.

“Director of Public Works” shall include the Director of Public Works or his/her designee.

“Extraterritorial plat approval jurisdiction” means the same as in Section 236.02(5), Wisconsin Statutes, as amended.

“Front” or “frontage” means the side or part of a parcel that abuts a public street and provides the primary access.

“Improvement” means an addition or modification of real property that enhances its usefulness or value, including but not limited to roads, structures, utilities, landscaping, parking areas, driveways, grading, drainage, fences, walls, landscaping, lighting, cables, conduits, and fixtures.

“Land reconfiguration” means any division, reconfiguration, or combination of land other than a subdivision. Wherever the term “subdivision” is used in this chapter, it shall include “land reconfiguration” unless the particular provision in this title or the zoning code clearly indicates to the contrary.

“Local minor street” means a street intended to serve primarily as a means to access abutting properties, principally serving residential areas of a community and providing the lowest level of mobility; service to through traffic is discouraged.

“Major street” means a street that serves important activity centers within a region and is generally spaced one mile apart along section lines. It provides greater mobility with direct, relatively high speed service for longer trips and large traffic volumes with limited access to abutting properties.

“Official map” means the most recent map adopted by the City of Brookfield pursuant to Chapter 12.04.

“Platted” means any lands that have been included in an approved, signed, and recorded division or land reconfiguration of land within a subdivision plat, an assessor’s plat, or a certified survey map.

“Public improvement” means any improvement that is required to be or will be dedicated to the City or any stormwater or drainage improvement.

“Redivision” means any division or combination of land in a whole or partially platted tract of land.

“Replat” means the same as in Section 236.02(11), Wisconsin Statutes, as amended.

“Secondary street” means a street that accommodates trips of moderate length and lower speeds than major streets generally spaced in one-mile or half-mile increments with more access to abutting properties than major streets.

“Security” means letter of credit, bond, or cash deposit.

“Street sign” means any sign containing a street name or traffic controls.

“Subdivide” means dividing or combining a lot, parcel, or tract of land whether through a subdivision or land reconfiguration.

“Subdivider” means any person that is dividing, combining, or seeks to divide or combine a lot, parcel, or tract of land whether through a subdivision or land reconfiguration.

“Subdivision” means the division of a lot, parcel or tract of land by the owner thereof or his/her agent for the purpose of sale or of building development, where:

1.    The act of division creates five or more parcels or building sites of one and one-half acres each or less in area; or

2.    Five or more parcels or building sites of one and one-half acres each or less in area are created by successive divisions within a period of five years; or

3.    The redivision, combination, or reconfigurement of tracts of land crossing the exterior boundaries of a recorded subdivision plat, assessor’s plat, or certified survey map where the division combines parcels or creates additional parcels more than the platted or unplatted lands to be divided, combined, or reconfigured originally included. (Ord. 2866-24 § 12, 2024; Ord. 2805-22 § 1, 2022; Ord. 2021-111604 § 1, 2021)

16.04.030 Jurisdiction and application of title.

A.    No person shall subdivide land located within the City or its extraterritorial plat approval jurisdiction until the City has determined that the subdivision or land reconfiguration is in compliance with the provisions of this title and Chapter 236, Wisconsin Statutes.

B.    No subdivider shall sell or commence construction of structures or improvements on any land subject to the provisions of this title or any part thereof within the City or its extraterritorial plat jurisdiction, until the City has approved the final plat or certified survey map, whichever is applicable.

C.    The provisions of this title, insofar as it may apply to divisions of less than five parcels, shall not apply to:

1.    Transfers of interest in land by will or pursuant to court order;

2.    Leases for a term not to exceed 10 years, mortgages or easements;

3.    The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by Chapter 236, Wisconsin Statutes, or other applicable laws or ordinances. (Ord. 2021-111604 § 1, 2021)

16.04.040 Subdivider’s agreements.

Repealed by Ord. 2866-24. (Ord. 2805-22 § 2, 2022; Ord. 2021-111604 § 1, 2021)

16.04.050 Violation—Penalty.

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. In addition, the forfeitures and remedies provided by Sections 236.30 and 236.31, Wisconsin Statutes, shall be available to the City. (Ord. 2021-111604 § 1, 2021)