Chapter 16.16
DESIGN STANDARDS

Sections:

16.16.010    Conformance with provisions required.

16.16.020    Public sites and open space.

16.16.030    Streets.

16.16.040    Block and lot layout.

16.16.050    Easements.

16.16.070    Landscaping requirements.

16.16.080    Repealed.

16.16.090    Letter of credit application fees.

16.16.100    Penalty for violation of this chapter.

16.16.010 Conformance with provisions required.

In laying out a subdivision, the subdivider shall conform to the following:

A.    The provisions of Chapter 236, Wisconsin Statutes;

B.    All applicable ordinances of the city;

C.    The master plan, as amended, of the city;

D.    The official map, as amended, of the city;

E.    The rules of the State Department of Transportation relating to the safety of access and preservation of the public interest and investment in the streets if the subdivision or any lot contained therein abuts upon a state trunk highway or trunk-connector street;

F.    In all instances where the requirements of this chapter are similar to or in conflict with other provisions of Chapter 236, Wisconsin Statutes, or the rules of the State Department of Health or the State Department of Transportation, the most restrictive regulations shall apply. (Ord. 2102-07 § 1 (part), 2007)

16.16.020 Public sites and open space.

A.    Parks and Open Spaces. In the design of the plat or certified map, due consideration shall be given to the reservation of land for future parks, playgrounds, drainageways, environmental corridors, conservancy areas, open spaces and other public purposes. If identified and designated for such purpose on the city master plan, master plan component or official map, such lands shall be included in the plat or certified survey map. Accordingly, each subdivider of land in the city shall, at the discretion and direction of the plan commission upon the report and recommendation of the park and recreation commission dedicate park and open space lands designated on the city’s master plan or plan component or show such park and open space lands as an outlot.

B.    Dedication of Site.

1.    Parks and Recreational Transportation Trails. Whenever a proposed park or recreational transportation trail designated on the city’s master plan, neighborhood unit development plan, or other master plan component is encompassed, all or in part, within a tract of land to be subdivided, the park and or recreational transportation trail shall be made a part of the plat as an outlot and shall be dedicated to the public by the subdivider at the rate of one acre for each thirty-one (31) proposed or potential single-family dwelling units; and one acre for each forty-four (44) proposed or potential multiple-family dwelling units; and any such proposed public lands in excess of the rate established herein shall be shown as an additional outlot pursuant to subsection C of this section.

2.    Wetlands. Whenever a wetland designated on the city’s master plan, neighborhood unit development plan, or other master plan component is encompassed, all or in part, within a tract of land to be subdivided, the wetlands shall be made a part of the plat as an outlot and shall be dedicated to the public by the subdivider at the rate of one acre for each eight proposed or potential dwelling units in residential subdivisions, at the rate of one acre for each one hundred eighty-five thousand (185,000) square feet of nonresidential lot area, or fraction thereof, in nonresidential developments; and any such proposed public lands in excess of the rate established herein shall be shown as an additional outlot pursuant to subsection C of this section.

C.    Platting of Excess Parklands and Wetlands. Whenever a proposed park or recreational transportation trail, or wetlands designated on the city’s master plan, neighborhood unit development plan, or other master plan component is encompassed, all or in part, within a tract of land to be subdivided, the proposed parklands or wetlands shall be made a part of the plat and shown as outlots within the proposed development. Prior to approval of the final plat or certified survey map, the subdivider’s or developer’s agreement entered into between the subdivider/developer and the city shall specify the proposed use of the outlots; any restrictions applicable to the outlots; the method by which lands are to be transferred, if applicable; the time frame in which a land transfer is to occur; and the rights accrued to the subdivider or the city if a proposed land transfer is not consummated within the specified time period.

Proposed park lands or wetlands that are shown as outlots within the final plat or certified survey map shall be deed restricted on a permanent basis with enforcement powers granted to the city requiring affirmative city approval of any attachment of any part of such outlot or any other lot or outlot, without regard to whether other city ordinances or state law require advance city approval of such attachments. (Ord. 2103-07 §§ 2, 3, 5 (part), 2007; Ord. 2102-07 § 1 (part), 2007)

16.16.030 Streets.

A.    A public street shall be provided for convenient access to all property within the subdivision. No private street or thoroughfare shall be permitted except as provided in Section 17.44.020.

B.    The street layout of a subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas in the entire neighborhood. The streets shall be designed and located in relation to existing and officially planned streets, to topographical conditions and natural terrain features such as streams and existing tree growth, to public convenience and safety and in their appropriate relation to the proposed use of the land to be served by such streets. All streets shall be designed consistent with the city’s Public Infrastructure and Development Handbook.

C.    All streets in a subdivision abutting a state or county highway shall meet all the requirements of the state or county regulations pertaining thereto.

D.    Whenever a tract to be subdivided embraces any part of a public street so designated on the master street plan, adopted by the plan commission, such part of such street shall be platted by the subdivision at the location and width indicated on the plan.

E.    Street Classification.

1.    Major streets shall be those having inter-city or regional importance and shall be properly integrated with the existing and proposed system of major streets and highways and shall be of such right-of-way width as may be required for the construction of an urban-type pavement section, provided, however, the right-of-way shall not be of a width less than one hundred twenty (120) feet.

2.    Secondary streets shall be interneighborhood and shall be properly related to the mass transit system, to special traffic generating from facilities such as schools, churches and shopping centers, to population densities and to the major streets into which they feed. The dedicated right-of-way widths shall be of such a width as to provide adequate space for the design of an urban type street section; provided, however, in no case shall the right-of-way width be less than ninety (90) feet.

3.    Collector and minor local streets shall be laid out to conform as much as possible to topography to discourage use by through traffic, to permit efficient drainage and sewer systems, and to require the minimum amount of street to provide convenient safe access to property. Right-of-way width shall be of such a width to provide the necessary areas for the design of an urban-type street section, provided, however, no minor street right-of-way shall be less than sixty (60) feet. A minor street used as a frontage street may have a minimum right-of-way width of fifty (50) feet.

F.    Provision shall be made so that all proposed streets shall have a direct connection with or be continuous and in line with existing, planned or platted streets with which they are to connect.

G.    Proposed streets shall be extended to the boundary lines of the tract to be subdivided unless prevented by topography or other physical conditions or unless, in the opinion of the plan commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. Cul-de-sacs and deadend streets are to be minimized but may be approved when necessitated by topography or environmental features.

H.    Street Names. New street names shall not duplicate the names of existing streets within the city and within towns and municipalities adjacent to the city, except for streets that are continuations of others already in existence and named which shall bear the name of the existing streets.

I.    Reserve Strips. Reserve strips controlling access to streets shall be encouraged where their control is definitely placed in the city under conditions approved by the plan commission.

J.    Half Streets. Where a half street is adjacent to the subdivision, the other half of the street shall be dedicated by the subdivider.

K.    Intersections.

1.    Property lines at street intersections shall be rounded with a radius of thirty (30) feet or of a greater radius where the plan commission considers it necessary.

2.    Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided. Where streets intersect major streets, their alignment shall be continuous.

3.    Sight distances shall be provided and maintained for intersections of new subdivision streets with existing streets consistent with the minimum sight distances per AASHTO standards.

L.    Alleys.

1.    Alleys may be provided in commercial and industrial districts, or other definite and assured provisions shall be made for service access such as off-street loading and parking consistent with and adequate for the uses proposed.

2.    Alleys shall not be approved in residential areas unless necessary because of topography or other exceptional circumstances.

3.    The width of alleys shall be not less than thirty (30) feet.

4.    Deadend alleys are prohibited.

(Ord. 2102-07 § 1 (part), 2007)

16.16.040 Block and lot layout.

A.    The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed one thousand three hundred (1,300) feet nor have less than sufficient width to provide for two tiers of lots of appropriate depth between street lines.

B.    Pedestrian crosswalks, not less than fifteen (15) feet wide, and public utility easements not less than that required in Section 16.16.050 may be required by the plan commission through the center of blocks more than nine hundred (900) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and to better facilitate the master plan for water and sewer utility services.

C.    Lots in General.

1.    The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

2.    Lot dimensions shall conform to the requirements of the zoning code. In addition, no lot, including lots on a cul-de-sac, shall have a lot width less than one hundred thirty (130) feet at the fifty (50) foot setback line or a lot depth of less than one hundred thirty (130) feet measured from the street frontage. In the case of corner lots, the minimum lot depth shall be measured from the narrowest street frontage. Side lot lines shall be approximately at right angles or radial to the right-of-way line of the street or cul-de-sac on which the lot faces.

3.    Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated, as required in the zoning code.

4.    Residential lots, fronting on major streets and highways, should be platted with extra depth or reserve strips to permit generous distances between the buildings and such traffic ways.

5.    Excessive depth in relation to width shall be avoided. A proportion of two and one-half to one shall normally be considered as a desirable maximum for lot widths of one hundred (100) feet or more.

6.    In determining the minimum lot areas under this chapter and to meet the zoning code requirements, the following conditions must be met:

a.    Ninety (90) percent of the minimum lot area shall be at least two feet above the approximate high water elevation of any lake or stream affecting the area.

b.    Eighty (80) percent of the minimum lot area shall be at least three feet above the highest ground water level, as estimated by the subdivider or his agent from soil boring test data.

c.    Such building sites shall meet the requirements of Sections 17.136.010 and 17.88.230.

D.    Corner lots for residential use shall have extra width to permit full building setbacks on both streets as required by applicable provisions of the zoning code.

E.    Every lot shall front or abut on a public street. Lots with an access only to existing private streets shall be permitted only with plan commission approval.

F.    Lots at right angles to each other should be avoided wherever possible, especially in residential areas.

G.    Absent a public interest, side lot lines shall be at right angles or radial to street lines.

H.    In case a tract is subdivided into parcels containing one or more acres, such parcels shall be arranged to allow the resubdivision of any parcels into normal lots in accordance with the provisions of this chapter and the zoning code.

I.    Lots shall follow municipal boundary lines whenever practicable, rather than cross them.

J.    Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

K.    Lots shall be comprised of the minimal number of lot lines practical and should generally not exceed four sides unless there is a public interest. (Ord. 2102-07 § 1 (part), 2007)

16.16.050 Easements.

A.    Utility easements shall be provided at the rear of all residential lots and along the side lot lines where required to accommodate utilities (i.e., natural gas, telephone, electric, cable TV) that cannot be placed in the right-of-way. Such utility easement shall be at least ten feet wide and normally centered upon the rear or side lot line. Evidence shall be furnished the plan commission that easements and any easement provisions to be incorporated on the plat or in deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the service involved.

B.    Where a subdivision is traversed by a watercourse, drainage way, channel or stream:

1.    There shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose and as may be necessary to comply with this section; or

2.    The watercourse, drainageway, channel or stream may be relocated, subject to existing state and federal regulations and permits therefore, in such a manner that the maintenance of adequate drainage will be assured and the same provided with a stormwater easement or drainage right-of-way conforming with the lines of the relocated watercourse and such further width or construction, or both, as will be adequate for the purpose and may be necessary to comply with this section. Whenever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks of adequate width for maximum potential volume of flow for a fifty (50) year storm. In all cases, such watercourse shall be of the established two feet high water mark or, in the absence of such specification, not less than thirty (30) feet.

C.    Utility easements for water and sewer utility services shall be provided at a minimum of thirty (30) feet wide when such utilities cannot be located in the right-of-way and as necessary to establish continuous and complete utility systems. (Ord. 2102-07 § 1 (part), 2007)

16.16.070 Landscaping requirements.

A.    Findings. The council hereby finds that street-yard landscaping of all new one- and two-family residential subdivisions which abut upon major or secondary streets and for all new multifamily and nonresidential subdivisions and development which abut upon any street is for the good of the public health and safety and, therefore, is an improvement required from the subdivider or developer.

B.    Definitions. The following definitions apply in this section:

“Department” means the community development department.

C.    Landscape Standards. The landscape standards set forth in the most recent edition of the Residential Development Landscape Standards and in the most recent edition of the Site Development Standards for Nonresidential Uses are adopted by reference and made a part hereof. Copies are available on the city’s website or for purchase in the department. If any provision of the Brookfield Municipal Code conflicts or is inconsistent with the standards, the provisions of the code shall apply.

D.    Landscape Plan. Prior to the approval of a subdivision, plat, or certified survey map, the subdivider shall submit to the department three copies of a landscape plan completed to the same scale as the plat or map in compliance with the standards and code. The plan commission shall review the plan for compliance with the standards and code and approve, approve with modifications, or reject the plan.

E.    Financial Security and Easement. If the subdivider has not fully installed the landscaping at the time of common council approval of the final plat or certified survey map, the subdivider shall comply with the following:

1.    Installation. To secure installation of the landscaping, the subdivider of less than five parcels shall deposit with the city a letter of credit or cash; the subdivider of five or more parcels shall deposit with the city a letter of credit, cash, bond, or a combination thereof. The amount of the aforementioned security shall be as set forth in Section 3.28.010(R), minus the value of landscaping completed to date and/or any credit for existing and qualified landscaping based on current landscape installation costs for material and labor. The city attorney shall approve any bonds or letters of credit submitted. The amount of the security shall remain in force until installation is completed and approved by the department, but may be reduced upon substantial completion to an amount equal to the total cost to complete any uncompleted landscaping plus ten percent of the total cost of the completed improvements.

2.    Temporary Easement. The property owner shall grant to the city or its authorized agents a temporary access easement to enable it to perform the landscape installation if the subdivider fails to comply with the time requirement set forth in this section or as extended by the plan commission or the city receives notification of the expiration or cancellation of the security. The easement may not terminate until the landscaping is fully installed and approved by the department. The city attorney shall approve any terms and conditions of the easement.

F.    Time for Installation. All landscaping shall be installed no later than one year from the date the common council approves the final plat or final certified survey map, unless the plan commission grants an extension. If the date of final site approval occurs between September 30th and May 1st, the subdivider shall automatically be granted an extension beyond the initial one-year period until the next occurrence of June 1st.

G.    Enforcement. Upon completion of the landscape installation, the subdivider shall notify the department so that it can inspect the installation. If inspection reveals that the landscaping installation is fully completed and meets the requirements of this section, the department will issue an installation certificate and authorize the release of the security required in this section. If the subdivider does not comply with the landscape installation per the time required by this section, the city or its authorized agents may install the landscaping and deduct the same from the security required in this section. (Ord. 2595-20 § 2, 2020)

16.16.080 Landscaping requirements for multifamily and nonresidential development abutting all streets.

Repealed by Ord. 2595-20. (Ord. 2102-07 § 1 (part), 2007)

16.16.090 Letter of credit application fees.

Any application for the processing of any form of financial security for landscaping compliance shall include a ten-dollar application fee. (Ord. 2102-07 § 1 (part), 2007)

16.16.100 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 § 44, 2019)