Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Purpose.

16.04.020    Definitions.

16.04.030    Jurisdiction and application of chapter.

16.04.040    Subdividers’ agreements.

16.04.050    Surveying requirements.

16.04.060    Variations.

16.04.070    Subdivision created by successive divisions.

16.04.080    Violation—Penalty.

16.04.010 Purpose.

The purpose of this chapter 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 provision for transportation, water, sewerage, schools, parks, playgrounds, bikeways, recreational transportation trails and other public requirements; 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 the comprehensive plan discourages land splits of said platted lands subject to the exceptions as noted and regulated under this chapter. The regulations provided for by this chapter shall be made with reasonable consideration, among other things, of 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. 2221-10 § 1, 2010: Ord. 2103-07 § 5, 2007; Ord. 2102-07 § 1 (part), 2007)

16.04.020 Definitions.

As used in this chapter:

“Brookfield’s 2035 comprehensive plan” means the advisory master plan of the city, or any element thereof, such as the street plan or community facilities plan, adopted by the plan commission, pursuant to Section 62.23(2), Wisconsin Statutes, regarding the future physical development of the city or by any other official body of the city having the responsibility for planning that particular phase or element of the future physical development of the city.

“Collector and minor local street” shall mean the same as in Section 16.16.030(E)(3).

“Developer” means any person, firm, corporation, or partnership that is constructing new residential or nonresidential structures, as merging lots, or altering lot lines.

“Extraterritorial plat approval jurisdiction” means the unincorporated area within such distance of the boundaries of the city as shall be prescribed by Chapter 236, Wisconsin Statutes.

“Land split” means any division of land other than a subdivision as, for example, the division of a tract of land into less than five parcels of less than one and one-half acres each. Wherever the term “subdivision” is used in this chapter, it shall include “land split” unless the particular provision in this chapter or the zoning code clearly indicates to the contrary. (Land splits shall be handled like subdivisions except that no approval of them shall be required of state agencies under Section 16.08.040(E).

“Major street” shall mean the same as in Section 16.16.030(E)(1).

“Master plan” means the advisory master plan of the city, or any element thereof, such as the street plan or community facilities plan, adopted by the plan commission, pursuant to Section 62.23(2), Wisconsin Statutes, regarding the future physical development of the city or by any other official body of the city having the responsibility for planning that particular phase or element of the future physical development of the city.

“Secondary street” shall mean the same as in Section 16.16.030(E)(2).

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

“Subdivider” means any person that is dividing or seeks to divide a lot, parcel, or tract of land.

“Subdivision” means a division of a lot, parcel or tract of land by the owner thereof or his 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. (Ord. 2595-20 § 1, 2020; Ord. 2221-10 § 2, 2010; Ord. 2102-07 § 1 (part), 2007)

16.04.030 Jurisdiction and application of chapter.

A.    No subdivision nor land split of land within the city or within the extraterritorial plat approval jurisdiction shall be entitled to record, nor any street laid out, nor any improvements be made to land until the provisions of this chapter and Chapter 236, Wisconsin Statutes, wherever applicable, have been fully complied with.

B.    No building permit shall be issued by the city authorizing the building on, or improvement of, any subdivided or “land split” land not of record as of July 14, 1960, until the provisions and requirements of this chapter have been met.

C.    No person proposing to make or have made a subdivision or land split within the city or the extraterritorial jurisdictional limits of the city shall sell such subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading, until he has obtained the approval of the preliminary plat of the proposed subdivision.

D.    The provisions of this chapter, 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 ten 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;

4.    Division of land for agricultural purposes in parcels of more than ten acres not involving any new street or easement of access. (Ord. 2102-07 § 1 (part), 2007)

16.04.040 Subdividers’ agreements.

A.    Agreements. A subdivider’s agreement is an agreement entered into by and between the city and a subdivider for the construction, installation and dedication of improvements in connection with a subdivision and payment of costs in connection therewith.

B.    When Required. A subdivider’s agreement is required for the approval of all plats of subdivisions or amendments thereto except replats that merely change the exterior boundaries of a plat.

C.    Application Process. A copy of a draft of new and amended subdividers’ agreements shall be submitted for consultation with and comment and review by both the director of public works or his or her designee and the director of community development or his or her designee prior to submission of a final draft to the council for its approval.

D.    Fees.

1.    New Subdividers’ Agreements. The original or the duplicate of a receipt of the city treasurer or the city clerk showing payment of a fee of three hundred dollars ($300.00) shall be submitted to the department of planning and zoning with the first draft of a new subdivider’s agreement. A fee of forty-five dollars ($45.00) per hour also shall be charged for review of each draft a new subdivider’s agreement except the final draft.

2.    Amended Subdividers’ Agreements. The original or the duplicate of a receipt of the city treasurer or the city clerk showing payment of a fee of one hundred thirty-five dollars ($135.00) shall be submitted to the department of community development with the first draft of an amended subdivider’s agreement. A fee of forty-five dollars ($45.00) per hour also shall be charged for review of each draft of an amended subdivider’s agreement except the final draft. (Ord. 2102-07 § 1 (part), 2007)

16.04.050 Surveying requirements.

Every subdivision of land under the terms of this chapter shall comply with Section 236.15, Wisconsin Statutes, as amended, requiring a survey. (Ord. 2102-07 § 1 (part), 2007)

16.04.060 Variations.

A.    The council may, with the advice of the plan commission, grant variances from the provisions of this chapter, the zoning code or any other sections to which a cross-reference is made in this chapter where a literal application of the provision would cause extraordinary hardship to result, provided that in so doing substantial justice is done, the public interest served, and the spirit and purpose of the chapter in question and the master plan shall be carried out and, further provided:

1.    In no event shall the requirement of filing and recording of the plat or survey map be waived;

2.    Any exception made or variation granted shall be stated, in writing, and filed with the records of the subdivision with the plan commission, setting forth the reasons which, in the opinion of the council, justified such exception or variation.

B.    The building inspector, upon council approval, may issue residential building permits in subdivisions which have not yet secured final plat approval under the following terms and conditions:

1.    The proposed homes must be for demonstration purposes;

2.    No occupancy of such homes shall be permitted until:

a.    The subdivider’s agreement is approved by the council,

b.    Final plat approval has been granted by the council,

c.    Sewer and water are connected,

d.    Roads are constructed.

(Ord. 2102-07 § 1 (part), 2007)

16.04.070 Subdivision created by successive divisions.

A.    Where it is not practicable to require that a final plat of a subdivision created by successive divisions be filed in accordance with this chapter, the council may, in lieu thereof, order an assessor’s plat to be made under Section 70.27, Wisconsin Statutes, and may assess the cost thereof as provided in such section, or to the subdivider.

B.    Regardless of the type of plat filed, any such subdivision shall comply with all provisions of this chapter to the extent that they may reasonably be applied. (Ord. 2102-07 § 1 (part), 2007)

16.04.080 Violation—Penalty.

Any person who violates, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter, or who sells or leases for a period exceeding ten years a lot or block of and herewith regulated before all of the requirements of this chapter have been complied with shall be subject to a penalty as provided in Chapter 1.12. In addition, the remedies provided by Sections 236.30 and 236.31, Wisconsin Statutes, shall be available to the city. (Ord. 2102-07 § 1 (part), 2007)