Chapter 16.16


16.16.010    Public sites and open space.

16.16.020    Streets.

16.16.040    Block and lot layout.

16.16.050    Easements required.

16.16.060    Landscaping requirements.

16.16.070    Variances.

16.16.080    Violation—Penalty.

16.16.010 Public sites and open space.

In the design of plats or certified survey maps, protection from development must be given to wetlands as defined in Title 14; drainageways; environmental corridors; conservancy areas; and open spaces. All wetlands must be determined by a certified wetland delineator, reviewed and approved by the City, and placed in an outlot described in Section 16.12.020 or 16.12.040. (Ord. 2835-23 §§ 4, 5, 2023)

16.16.020 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 unless in compliance with Chapter 12.09 and Section 16.16.040(C)(7), the highest and best use of the land allows for a private street or thoroughfare, and it does not cause a detriment to the public health, safety, and welfare.

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

C.    All streets in a subdivision adjoining 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 adjoins any part of a current or future public street or right-of-way so designated on the official map or Waukesha County Street and Highway Width Map, such part of such street shall be platted by the subdivision at the location and width indicated on the plan. If a land reconfiguration or subdivision will generate a probable negative impact on traffic safety or an increase in traffic volume, or some other aspect of traffic flow which can be alleviated by a future road improvement or widening of the roadway abutting the subject property, the Common Council may require the dedication of land necessary for the ultimate public right-of-way, or any portions thereof, measured from the center line of streets established on the highway width map of Waukesha County, the comprehensive plan, or the official map. In addition, the Common Council may require, based upon a recommendation of the Plan Commission, the dedication of land necessary for construction of acceleration/deceleration or bypass lanes where traffic concerns warrant in conformance with the City’s Public Infrastructure and Development Handbook.

E.    All proposed streets shall have a direct connection with or be continuous and in line with existing or planned streets with which they are to connect.

F.    Driveways to streets shall comply with Chapter 12.09.

G.    Proposed streets shall be extended to the boundary lines of the tract to be subdivided unless topography or environmental conditions would create an unsafe street or unreasonable and difficult street construction in accord with engineering standards. In such cases, a cul-de-sac or deadend street may be approved by the Common Council upon the City Engineer’s recommendation.

H.    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 those already in existence and named which shall bear the name of the existing streets.

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

J.    Intersections.

1.    Property lines at street intersections shall be rounded when the City Engineer considers it necessary for public safety or traffic considerations, with a standard radius of 30 feet, unless public safety or traffic considerations require a greater radius or allow for a lesser radius without hindering public safety or traffic flow.

2.    Street jogs with centerline offsets of less than 125 feet shall be avoided. Where streets intersect major streets or secondary 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 the most recent edition of AASHTO standards. Calculations information shall be included in table format on the plat.

K.    Alleys.

1.    Alleys may be provided for nonresidential developments.

2.    Alleys shall not be approved accessing residential lots unless necessary because of topography or other exceptional circumstances. Alleys shall not be the sole method of access to residential lots.

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

4.    Deadend alleys are prohibited. (Ord. 2805-22 § 16, 2022; Ord. 2021-111604 § 1, 2021)

16.16.040 Block and lot layout.

A.    Block length shall not exceed 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 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 900 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and to better facilitate the comprehensive plan for water and sewer utility services.

C.    Lots in general must meet the following standards, except as provided here:

1.    The size, shape and orientation of lots shall be in conformance with the zoning code and the comprehensive plan.

2.    No lot, including lots on a cul-de-sac, shall have lot depth of less than 110 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.    The maximum depth to width proportion shall be two and one-half to one for lot widths of 100 feet or more.

4.    Notwithstanding subsections (C)(2) and (C)(3) of this section, if the zoning code permits a smaller lot depth, the minimum lot depth set forth in the zoning code for the district in which the lot is located shall prevail.

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

a.    Ninety percent of the minimum lot area shall be at least two feet above the approximate high water elevation of any navigable waterway affecting or within the lot.

b.    Eighty percent of the minimum lot area shall be at least three feet above the highest ground water level, as estimated by a professional engineer hired by the subdivider from soil boring test data.

c.    Such building sites shall meet the requirements of Section 17.136.010 or, if located in the floodfringe district, Section 17.88.230.

6.    Corner lots shall comply with Section 17.112.010(G).

7.    a. Every lot shall front the public street from which it derives primary access a minimum of 120 feet, except those zoned village area business district under Chapter 17.50. The minimum lot frontage for land reconfigurations located within the Bluemound Park Estates; Columbia Gardens the Gem of Bluemound Rd; Greenfield Heights Estates; Kinsey’s Garvendale, First Continuation of Kinsey’s Garvendale, Second Continuation of Kinsey’s Garvendale, Third Continuation of Kinsey’s Garvendale, Fourth Continuation of Kinsey’s Garvendale; Linfield Crossing or Brookfield Heights subdivisions is 75 feet.

b.    Where a lot does not continuously abut a public street for 120 feet, street frontage will be measured along a line parallel to the property line that does abut the street at the setback distance required under Title 17.

c.    Lots with access only to existing private streets shall front the private street and shall be permitted only with a reciprocal access easement in a City-approved form.

8.    Lots at right angles to each other shall be avoided unless topography or environmental features cause an unreasonable hardship to the subdivider and no other configuration is possible.

9.    Tracts subdivided into parcels containing one or more acres shall be arranged to allow the resubdivision of any parcels into lots meeting the minimum size in accordance with the provisions of this title and the zoning code.

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

11.    Repealed by Ord. 2805-22.

12.    Lots shall be comprised of the minimal number of lot lines practical. (Ord. 2855-23 §§ 1, 2, 2023; Ord. 2805-22 §§ 17, 18, 2022; Ord. 2021-111604 § 1, 2021)

16.16.050 Easements required.

A.    Easements and dedications must be shown on the plat or CSM.

B.    Evidence shall be furnished to the City Engineer that easements and any easement provisions to be incorporated on the platted document have been reviewed by the individual utility companies or the organization responsible for furnishing the service involved prior to the Plan Commission’s review.

C.    Utility easements shall be located at the rear of all residential lots and along the side lot lines where required to accommodate utilities that cannot be placed in the right-of-way. Such utility easements shall be at least 10 feet wide except water and sewer utility services which shall be a minimum of 30 feet wide; and centered upon the rear or side lot line unless topography or design specifications per state and federal law make doing so impracticable or impossible.

D.    For subdivisions traversed by a watercourse, drainage way, channel, or stream:

1.    There shall be provided a stormwater easement or drainage right-of-way dedication to the City 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 therefor, 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 dedication 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 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 30 feet. (Ord. 2021-111604 § 1, 2021)

16.16.060 Landscaping requirements.

A.    Findings. The Common Council hereby finds that street-yard landscaping of all new residential subdivisions and land reconfigurations which abut upon major or secondary streets is for the good of the public health and safety and, therefore, is an improvement required from the subdivider except for land reconfigurations within the Bluemound Park Estates; Columbia the Gem of the Bluemound Rd.; Greenfield Heights Estates; Kinsey’s Garvendale, First Continuation of Kinsey’s Garvendale, Second Continuation of Kinsey’s Garvendale, Third Continuation of Kinsey’s Garvendale, Fourth Continuation of Kinsey’s Garvendale; Linfield Crossing or Brookfield Heights subdivisions.

B.    Definitions. 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 this code conflicts or is inconsistent with the standards, the provisions of this code shall apply.

D.    Landscape Plan. Prior to the approval of a preliminary plat or preliminary concept 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 aforementioned standards and code. The Department 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.

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. All bonds and letters of credit shall utilize the City’s form and shall be approved by the City Attorney. The security shall remain in full 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 10 percent of the total cost of the completed improvements. The security must be submitted to the Department with the application for final plat or CSM approval.

2.    Temporary Limited Easement. The property owner shall grant to the City and its authorized agents a temporary limited 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 plat or certified survey map 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 or its agent shall complete an affidavit of completion and notify the Department so that it can inspect the installation as needed. If inspection reveals that the landscaping installation is fully completed and meets the requirements of this section, the Department will 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. 2855-23 § 3, 2023; Ord. 2805-22 § 19, 2022; Ord. 2021-111604 § 1, 2021)

16.16.070 Variances.

A.    The Common Council may grant variances from the provisions of this chapter if the subdivider proves by substantial evidence that a variance allows a public purpose to be achieved, or as otherwise provided here. A “public purpose” is defined as achieving an objective, policy, program or initiative in the comprehensive plan. The standard for a variance from the provisions of Section 16.16.040(C)(7) for properties in zoned village area business district (Chapter 17.50) is a showing of no economic viability.

B.    Variance requests shall be filed along with the application for a preliminary plat or preliminary concept map. It is the applicant’s responsibility to provide support for their request. The Plan Commission shall afford the subdivider and the City a hearing to present evidence to the Commission to determine the aforementioned factors and shall render findings of fact, conclusions of law, and a recommendation to the Common Council on the matter within 45 days after the hearing concludes. The Common Council shall determine whether to grant or deny the variance request. The Council’s decision shall be in writing and the Community Development Department shall send a copy of the Council’s decision to the applicant’s last-known mailing address. Any person aggrieved by the Common Council’s decision may seek certiorari review within 30 days of the final determination. For the purposes of this chapter, pursuant to Section 68.16, Wisconsin Statutes, the City of Brookfield specifically elects not to be governed by Chapter 68, Wisconsin Statutes. (Ord. 2855-23 § 4, 2023)

16.16.080 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)