Chapter 16.20
PUBLIC IMPROVEMENTS
Sections:
16.20.010 General requirements.
16.20.020 Construction plans and specifications.
16.20.030 Construction and inspection.
16.20.040 As-built plans and submission required.
16.20.060 Acceptance of dedications and improvements.
16.20.070 Design standards—Streets.
16.20.080 Design standards—Sanitary sewer system.
16.20.090 Stormwater sewerage or surface drainage system.
16.20.100 Design standards—Water supply and distribution.
16.20.110 Design standards—Miscellaneous.
16.20.140 Acceptance of subdivision improvements in stages.
16.20.010 General requirements.
A. No public improvements shall be installed unless in compliance with this title.
B. If the installation, construction, and dedication of public improvements is required, the subdivider of less than five parcels shall deposit with the City a letter of credit or cash and the subdivider of five or more parcels shall deposit with the City a letter of credit, cash, bond, or a combination thereof. The security shall be in such amount that is 110 percent of the estimated total cost to complete the required public improvements as determined in Section 236.13(1d), Wisconsin Statutes. All bonds and letters of credit shall utilize the City’s form, shall be approved by the City Attorney, and shall guarantee to the City the subdivider’s performance for the construction, installation, and completion of public improvements.
C. Upon completion of the public improvements, the subdivider shall provide lien waivers for all work, guarantee the accuracy and adequacy of the materials and work and the fitness of the improvement for its purpose, and provide a security in the amount of 10% of the cost of all public improvements made for a period of one year from the date of acceptance of the dedication. If the public improvement is not required to be dedicated, the one-year period shall begin on the date of final completion of construction for that particular improvement. (Ord. 2021-111604 § 1, 2021)
16.20.020 Construction plans and specifications.
A. At or prior to the filing of the preliminary plat or preliminary concept map, two copies of construction plans and specifications, prepared by a professional engineer registered in Wisconsin, shall be furnished for the following subdivision improvements: streets; sanitary sewerage system; stormwater drainage including stormwater sewers; curb and gutter; street lights; water supply and distribution; public utility locations; street signs, guard rails, etc.; grading; and erosion control.
B. The City Engineer shall review or have reviewed the construction plans and specifications for conformance with requirements of the City and shall approve, reject, or conditionally approve, in writing, the proposed plans and specifications before issuing written authorization to proceed.
C. No construction work covered by the plans approved above may commence without written authorization to start work from the City Engineer and upon proof that all necessary permits have been issued and the development agreement has been fully executed.
D. Final construction plans shall be prepared in accordance with the City’s design standards as contained in the City’s Public Infrastructure and Development Handbook. (Ord. 2866-24 § 5, 2024; Ord. 2021-111604 § 1, 2021)
16.20.030 Construction and inspection.
A. Construction of public improvements shall be completed within three years from the date of the approval of the preliminary plat by the Common Council unless good cause can be shown for granting of an extension of time by the Common Council.
B. During the course of construction, the City will inspect the work to ensure compliance with the plans and specifications as approved. (Ord. 2021-111604 § 1, 2021)
16.20.040 As-built plans and submission required.
After completion of all public improvements and prior to final acceptance of the improvements, the subdivider shall provide accurate plans, documents, and warranties as required in the City’s Public Infrastructure and Development Handbook. (Ord. 2021-111604 § 1, 2021)
16.20.050 Survey monuments.
A. All survey monuments required per Section 236.15, Wisconsin Statutes, shall be placed no later than one year after the date of the development agreement, if any, and prior to final plat or certified survey map approval. At the time that all corners are set, the professional surveyor of record for the certified survey map shall submit an affidavit to the City bearing an affirmation that all corners are set, the date the corners were set, and the professional stamp and seal.
B. The City Engineer may temporarily waive the placing of monuments, as provided under Section 236.15(1)(h), Wisconsin Statutes, for not more than one year on the condition that the subdivider complete a temporary waiver form provided by the City and provide a letter of credit, cash deposit, or surety bond, in a form approved by the City Attorney, equal to the amount of $100.00 per lot. (Ord. 2866-24 § 12, 2024; Ord. 2805-22 § 21, 2022; Ord. 2021-111604 § 1, 2021)
16.20.060 Acceptance of dedications and improvements.
A. The dedication of any improvements to the City shall not be considered accepted by the City for public ownership until accepted by the Common Council by adoption of a resolution accepting such dedication. Prior to the Common Council accepting the dedication, the City Engineer shall certify that the improvements have been properly installed and completed and the subdivider has provided adequate security, the necessary lien waivers, manufacturer’s guaranties and warranties, and one-year guaranty for the ensuing year.
B. The subdivider shall be responsible for and liable for the maintenance, safety, and operation of all required public improvements until such time as the improvements are accepted by the Common Council by resolution. In the event the City must take measures to maintain, operate, or make safe a public improvement existing or required as a result of the land division or reconfiguration, but which has not yet been accepted by the City, the costs of such measures shall be reimbursed to the City by the subdivider. The subdivider shall provide the City with a transfer of ownership utilizing the City’s dedication agreement form. (Ord. 2021-111604 § 1, 2021)
16.20.070 Design standards—Streets.
A. Streets shall be designed in accordance with the City’s Public Infrastructure and Development Handbook.
B. In no case should the recommended cross-section be less than the City’s minimum cross-section.
C. All street pavements, including curb and gutter, shall be constructed in accordance with the latest edition of the City of Brookfield pavement specifications. Granular backfill shall be used within existing and proposed paved areas. Placement of curb and gutter and/or stone base shall not commence until the City has inspected and given written approval on the subgrade. Street pavement construction shall not commence until after the backfill has settled where water, sanitary sewer, storm sewer and other underground facilities have been made in the roadway.
D. The City will provide and install all necessary street signs at the subdivider’s expense as provided in Section 16.04.040(C)(3).
E. All street rights-of-way shall be seeded or sodded with adequate provision made to assure the growth of all turf landscaping.
F. Alleys shall be constructed in accordance with the secondary street specifications, except the paved surface need not exceed 20 feet of the 30-foot right-of-way. (Ord. 2021-111604 § 1, 2021)
16.20.080 Design standards—Sanitary sewer system.
A. The subdivider shall install the sanitary sewer system and/or laterals required to serve the subdivision or land reconfiguration and connect them to the City’s system. No land shall be subdivided in reliance on septic tank systems within the City.
B. All sewerage systems shall be designed and constructed to serve the subdivision or land reconfiguration and any undeveloped areas adjacent thereto.
C. Sanitary sewers shall be designed in accordance with the rules of the Milwaukee Metropolitan Sewerage District effective May 1, 1958, and all amendments thereto and in accordance with the City’s Public Infrastructure and Development Handbook. (Ord. 2021-111604 § 1, 2021)
16.20.090 Stormwater sewerage or surface drainage system.
A. The subdivider shall provide stormwater sewerage or a surface drainage system to serve the subdivision or land reconfiguration area.
B. The design of the drainage system shall consider and show the following:
1. Whenever possible, existing drainage channels shall be used;
2. Storm drainage area of which the subdivision or land reconfiguration area is a part;
3. Calculations as to volume and frequency of water to be handled;
4. A scheme of culverts sufficient in size to eliminate flooding or ponding of water;
5. Grades or conditions which may result in erosion or ponding;
6. Existing watercourses;
7. A grading plan to prevent the ponding of stormwater and to eliminate erosion.
C. The City Engineer may require a drainage easement, in addition to the provided street right-of-way width, where streets parallel streams or drainage area(s). The City Engineer shall determine the easement width.
D. Where the City Engineer concludes that storm sewers will be necessary to control erosion or ponding, the storm sewers shall be designed in accordance with the rules of the Milwaukee Metropolitan Sewerage District effective May 1, 1958, and all amendments thereto and in accordance with the City’s Public Infrastructure and Development Handbook. (Ord. 2021-111604 § 1, 2021)
16.20.100 Design standards—Water supply and distribution.
A. The subdivider shall provide a water supply and distribution system to the subdivision or land reconfiguration area and connect it to the City’s system. Such system shall include all appurtenances and a service connection extending to the lot line for each buildable lot. If the water distribution system must be extended beyond the boundary of the subdivision or land reconfiguration area to reach an active water utility supply main, the Director of Public Works shall submit the preliminary plat or preliminary concept map to the water and sewer board before same is forwarded to the Plan Commission. The Water and Sewer Board shall make a determination regarding financing the extension including payments for oversized mains, option assessments, and lateral installations.
B. All public water supply, distribution, and water storage systems shall be designed and constructed in accordance with the master plan of water distribution and supply for the City on file in the office of the City Engineer and in accordance with the City’s Public Infrastructure and Development Handbook.
C. Water supply facilities, water distribution system, and water storage facilities shall be designed to furnish water in the quantity required by Wisconsin Administrative Code Section NR 811, the State Department of Health requirements for domestic water supply, and also in accordance with the Insurance Services Office for fire demand. (Ord. 2021-111604 § 1, 2021)
16.20.110 Design standards—Miscellaneous.
A. Wherever possible, existing trees shall be preserved in the installation of improvements. All stripped areas shall be restored in a temporary and permanent condition in accordance with the City’s Public Infrastructure and Development Handbook.
B. All telephone, cable TV, and electric cable shall be buried underground in accordance with the specifications of SPS Chapter 316 of the Wisconsin Administrative Code. This shall include feeder cables and individual service connections.
C. Utility transformers and pedestals shall be located no less than 30 feet as measured perpendicularly from the property line to the base setback line and within 15 feet of a side or rear lot line. However, if the base setback line is less than 50 feet, then the utility transformer and pedestal shall be located at a proportional distance from the base setback line but no less than 15 feet from the base setback line as measured perpendicularly. For example, a 40-foot setback would require placement of the utility transformer and pedestal at no less than 24 feet; a 30-foot setback at not less than 18 feet. No transformer or pedestal shall be placed over or upon a platted corner and shall not disturb the monument that has been placed to mark the platted corner. (Ord. 2021-111604 § 1, 2021)
16.20.120 Oversize design.
Where required in the overall City planning, as evidenced by the comprehensive plan, Waukesha County Street and Highway Width Map, the official map, the master plan for water or storm sewers, or sewer plan, subdivision improvements shall be constructed and installed larger than necessary to serve the proposed subdivision adequately. This requirement applies, but is not limited to, collector sewers, lift stations, disposal facilities, wells, pumping stations, water mains, storage tanks, culverts, and storm sewers. In the case of street improvement, the subdivider is responsible for the cost up to the standards required for a collector street. The development agreement shall contain a provision for the subdivider to be reimbursed for the construction costs resulting from the increased design, or, for street and utility improvements, the additional cost required for pavement suitable for a major or secondary street. (Ord. 2866-24 § 12, 2024; Ord. 2021-111604 § 1, 2021)
16.20.130 Material standards.
All public improvements construction covered by this title shall be designed in accordance with, and materials used shall be in compliance with, the methods and materials required in the appropriate sections of the most recent edition of the Standard Specifications for Highway and Structure Construction, as amended, published by the Wisconsin Department of Transportation; the Public Infrastructure and Development Handbook; and the current edition of the Standard Specifications for Sewer and Water Construction in Wisconsin. If not contained in the aforementioned publications, it shall comply with the standards approved by the City Engineer. (Ord. 2021-111604 § 1, 2021)
16.20.140 Acceptance of subdivision improvements in stages.
A. The Common Council may, as an alternative to the provisions herein, agree, in the development agreement with the subdivider, that it will accept the construction and dedication of the required public improvements in stages. Any such agreement shall specify that the City will accept a public improvement within a designated part of the subdivision when it has been completed in accordance with City plans and specifications and passed the necessary inspections even though the particular improvement shall not have been completed in the remainder of the subdivision.
B. The acceptance by the City of a sewer or water system for a designated portion of the subdivision shall not preclude the City from including that portion of the subdivision in the inspection tests which will be made by the City at a later time when the remainder of the particular improvement is offered by the subdivider to the City for acceptance insofar as the performance of the sewer or water system for the entire subdivision necessarily requires that the inspection include tests made throughout the subdivision. (Ord. 2866-24 § 12, 2024; Ord. 2021-111604 § 1, 2021)
16.20.150 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)