Chapter 16.08
PROCEDURE

Sections:

16.08.010    Compliance with design principles.

16.08.020    Preapplication conference.

16.08.030    Preliminary plat.

16.08.040    Subdivision improvements, plans and specifications.

16.08.050    Construction of subdivision improvements.

16.08.060    Final plat.

16.08.070    Land splits.

16.08.080    Penalty for violation of this chapter.

16.08.010 Compliance with design principles.

The subdivider or his agent shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Chapter 16.16 and with the provisions of Chapter 16.20 establishing minimum design standards and procedures for the installation of subdivision improvements of this chapter, and in every case shall pursue the following procedure. (Ord. 2102-07 § 1 (part), 2007)

16.08.020 Preapplication conference.

Any owner or representative of the owner of land located within the corporate limits or within the extraterritorial plan approval jurisdiction shall first submit to the plan commission or its representative such information as may be required by the plan commission, pursuant to Chapter 16.12, to describe or outline the existing conditions of the site and the proposed development thereof. The applicant shall be supplied with pertinent information on plan commission requirements not herein contained, such as elements of the master plan. (Ord. 2102-07 § 1 (part), 2007)

16.08.030 Preliminary plat.

A.    Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the provisions set forth in Chapters 16.12 and 16.16 and shall file with the city clerk an application, in writing, for the approval of the preliminary plat, accompanied by such copies of the preliminary plat as shall be required by the city clerk to comply with Chapter 236, Wisconsin Statutes.

The 2035 comprehensive plan discourages land splits of previously platted residential lots. In the case of this subsection, “platted residential lots” includes lots created via subdivision plat, certified survey map, assessor’s plat and unrecorded subdivisions. However, the city may consider a land split of a platted residential lot if the applicant can show that, in the opinion of the plan commission, the land split adheres to the intent and objectives of the 2035 comprehensive plan through an assessment of the following standards by the plan commission:

1.    The land split will not negatively impact the integrity, composition and character of its surrounding neighborhood such as, but not limited to, a material and detrimental departure from the prevailing lot configuration of the surrounding neighborhood, as defined in subsection (A)(2) of this section;

2.    The land split is a logical division of property in relationship to the average size and width of existing lots in the surrounding neighborhood, even if the average size and width of the lots contained within the surrounding neighborhood exceed current minimum dimensions required in the subdivision and zoning codes, i.e., this subsection supersedes other provisions of the subdivision and zoning codes for the purpose of the consideration of land splits of platted residential lots; and

3.    The land split would not result in the deterioration of any natural environment such as a wetland or upland woods, protected under the provisions of the zoning code, as determined by expert opinion, the costs of such review to be borne by the applicant; and

4.    The land split otherwise complies with other provisions of the subdivision code and standards of the zoning code, except as noted in this subsection.

 

The plan commission shall make a written determination that the land split complies with the above standards.

B.    The preliminary plat shall be checked as to its conformity with Brookfield’s 2035 comprehensive plan and the principal standards and requirements set forth in this chapter and appendices thereto and copies of said plat will be referred, in the case of subdivisions but not land splits, to the governmental authorities outside the city specified in Chapter 236, Wisconsin Statutes.

C.    After review of the preliminary plat and negotiations with the subdivider on changes deemed advisable and the kind and extent of public improvements which will be required under Chapter 16.20 of this title, the council shall, within ninety (90) days of its submission, approve, approve conditionally or reject the plat. As part of its action, the council will consider the recommendation of the plan commission.

D.    The subdivider shall be notified, in writing, of any conditions of approval or the reasons for rejection.

E.    Approval of the preliminary plat and the subdivision improvement plans and specifications shall entitle the subdivider to final approval of the layout shown by such plat if the final plat conforms substantially to the plat and conditions of approval have been met and complies with all city ordinances.

F.    At the times designated, the subdivider shall pay the following fees to the city:

1.    Filing Fee. At the filing of the preliminary plat a filing fee specified in Section 3.28.010(FF).

2.    Review Fee. The subdivider will be billed an engineering review fee specified in Section 3.28.010(KK).

3.    Inspection and Miscellaneous Costs. From time to time, as billed by the city, the developer shall pay the actual cost to the city for such inspection as the city engineer deems necessary to assure that the construction of the required public improvements is in compliance with the specifications and ordinances of the city or any other competent governmental authority and shall pay the costs of any legal, administrative or fiscal work which may be undertaken by the city in order to assure such compliance. Legal work shall include the drafting of a subdivider’s agreement between the city and the subdivider, setting forth the responsibilities of each party with regard to the construction of improvements. (Ord. 2221-10 § 3, 2010; Ord. 2102-07 § 1 (part), 2007)

16.08.040 Subdivision improvements, plans and specifications.

A.    As soon after the approval of the preliminary plat as practicable, or sooner if the subdivider so prefers, the subdivider shall file, in writing with the city clerk, two complete sets of the plans and specifications for the construction of subdivision improvements required in conformity with Chapter 16.20.

B.    The construction plans and specifications shall be checked by the city engineer for conformity to the preliminary plat and the principles and provisions set forth in this chapter.

C.    The city engineer shall, as soon as practical, but in any event within ninety (90) days of its submission, give approval, approve with conditions or reject the proposed subdivision improvements.

D.    The subdivider shall be notified in writing of any conditions of approval or the reasons for rejection.

E.    The subdivider shall obtain such approvals and permits from appropriate agencies as are required by state law. (Ord. 2102-07 § 1 (part), 2007)

16.08.050 Construction of subdivision improvements.

Upon approval of both the preliminary plat and plans and specifications for the required subdivision improvements and the issuance of any permits by the city and the state which may be required, the subdivider may either:

A.    Construct and install the required subdivision improvements; or

B.    Upon obtaining written approval of the plan commission, post with the city cash, negotiable securities, or other security running to the city, approved by the city attorney to assure the satisfactory installation of the improvements and survey monuments required by Chapter 16.20. The bond shall equal one hundred ten (110) percent of the city engineer’s estimate of the cost of such improvements, monuments and the engineering and other fees to be paid by the developer in accordance with Section 16.08.030(F)(3).

If the subdivider posts a surety bond or other security, it shall have good and sufficient surety therein and be approved by the mayor and the council. The subdivider shall execute a subdivider’s agreement with the city in a form satisfactory to the city attorney and the city engineer reciting the obligations for which the deposit or bond shall be security. The agreement may include the obligation of the city, if any, to reimburse the developer for possible oversize design of his improvements as provided by this chapter. In addition:

1.    No occupancy permit shall be issued for any structure in the proposed subdivision until the improvements have been installed and accepted by the city unless the owner signs a waiver in a form approved by the city attorney;

2.    The owner may not sell lots prior to the acceptance of the public improvements except in accordance with the terms of the subdivider’s agreement. (Ord. 2102-07 § 1 (part), 2007)

16.08.060 Final plat.

A.    Upon either:

1.    Completion of all improvements, the tender of waiver of liens therefor, and the payment of all costs incurred by the city which are to be reimbursed hereunder; or

2.    The posting of cash, negotiable securities or surety bond as required by this chapter;

the subdivider shall submit to the city clerk the final plat and such copies thereof as shall be required, provided that the final plat shall be submitted within twenty-four (24) months of the approval of the preliminary plat. If the final plat is not submitted within twenty-four (24) months after the last required approval of the preliminary plat, the plan commission may refuse to approve the final plat.

B.    The city clerk shall forthwith forward the plat to the plan commission and shall forward the necessary copies of the plat to the director of the planning function of the department of resource development as required by Section 236.12, Wisconsin Statutes. The plan commission shall refer the final plat to the city engineer for review. If found satisfactory, the plat will be returned to the plan commission together with a two-fold certificate showing the following:

1.    The technical details of the plat itself have been checked and found satisfactory;

2.    That all required improvements have been satisfactorily completed, in case these are to be completed by the subdivider instead of furnishing cash, negotiable securities or surety bond as permitted under Section 16.08.050 and Chapter 16.20.

C.    The plan commission shall refer the final plat with its recommendations to the council within thirty (30) days of its submission unless the time is extended by the council. The council shall approve or reject the final plat within sixty (60) days of its submission to the city clerk unless the time is extended by agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the council meeting, or a copy thereof, or a written statement of such reasons shall be supplied the subdivider.

D.    The plat shall be recorded in accordance with the applicable provisions of Chapter 236, Wisconsin Statutes. (Ord. 2102-07 § 1 (part), 2007)

16.08.070 Land splits.

A.    Preliminary Survey Map. Before submitting a final survey map for approval by the council, the subdivider shall submit a preliminary survey map in accordance with the procedure designated for subdivisions under this section except that the requirements of Section 16.12.020(A)(3), (5), (7), (9), (12), (13) and (18) may be waived at the discretion of the director of community development. The preliminary survey map shall be reviewed by the plan commission for recommendation to the council. The council shall approve, approve conditionally or reject the preliminary survey map. The fee specified in Section 3.28.010(GG) shall be required at the time of submittal. The subdivider will also be billed an engineering department review fee as specified in Section 3.28.010(KK).

B.    Final Survey Map. The final survey map in the form of a certified survey map shall be submitted to the director of community development and reviewed by the plan commission for recommendation to the council. The council shall approve, approve conditionally or reject the final survey map. The certified survey map shall comply with the provisions of Section 236.34, Wisconsin Statutes, and shall be recorded with the register of deeds for Waukesha County after approval of the common council within six months of the final approving action of the council and no more than two years after council approval of the preliminary survey map.

1.    Such certified survey map shall describe the entire lands involved in the process of division, provided, however, where the division results in a residual parcel in excess of three acres not intended for immediate sale or other conveyance, the engineer may waive the requirement for inclusion of the residual parcel in which case a supplementary map of reasonable accuracy shall be attached showing the relationship of the residual parcel to the parcels being divided.

2.    Prior to approval by the director of community development or his or her designee of a final certified survey map, the applicant shall pay to the city a fee for checking and verifying the map, a fee as specified in Section 3.28.010(HH). No application fee is required for certified survey maps for single-family residential uses that do not create a new parcel or lot, but payment of the actual fees for recording, as determined by the director of community development, shall be required. (Ord. 2102-07 § 1 (part), 2007)

16.08.080 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 § 42, 2019)