Chapter 17.100
SITE PLAN APPROVAL REQUIREMENTS
Sections:
17.100.020 Plan Commission and Council approval required.
17.100.040 Preapplication conference.
17.100.050 Application content—Required submittals.
17.100.060 Application deadline.
17.100.065 Compliance and review.
17.100.070 Plan Commission’s recommendation and Council’s decision—Basis of determination.
17.100.080 Termination of approval and completion schedule.
17.100.090 Use or development approval—Limitations.
17.100.122 Landscaping required.
17.100.125 Right-of-way dedication or road improvements required.
17.100.010 Findings.
The Council declares that the standard regulation of uses, other than on parcels containing single-family residences or eight bed or less residential care facilities, with administrative approval of development standards, has proven unsatisfactory and there is a need for supplementary review as hereinafter set forth. Absent this additional review, standard administrative regulation can result in traffic problems, blight, or adverse effect upon the City’s tax base and implementing the City’s comprehensive plan. (Ord. 2802-22 § 3, 2022)
17.100.020 Plan Commission and Council approval required.
A. In addition to compliance with other requirements of this code relating to zoning, building, use, stormwater control, and site approval, no building permit shall be issued for a multiple-family dwelling, commercial, institutional, or industrial structure or use excluding eight bed or less residential care facilities, nor shall an occupancy permit be issued for a change of use in an existing structure until the Council has approved the location, the revised, minor revision, or plan and method of operation, and suitability of the site for the use requested, except as provided in subsection (B) of this section based on the Plan Commission’s recommendation. All applicants seeking approvals under this section shall observe the procedures set forth in this chapter.
B. For existing developments, the director of community development is authorized to administratively approve changes that do not require either a revision or minor revision to the plan and method of operation. Such activities include a reconfiguration of parking lot markings that does not substantially alter parking supply or impact on the site, replacing a roof, replacement of doors or windows, updating or revising a landscape plan, nonmaterial modifications to the facade such as the installation or enlargement of a garage door, door or window treatment, or other change that does not adversely affect traffic or drainage, materially change the architectural design, or approve unauthorized land use.
C. In this title the following terms shall be defined as:
“Plan and method of operation” means the outline of the physical development of a parcel as stated in Section 17.100.010 and shall consist of the items required under Section 17.100.050 to determine whether the proposed development complies with all regulations. (Ord. 2802-22 §§ 4, 5, 2022; Ord. 2021-011905 § 4, 2021; Ord. 2606-20 § 27, 2020; Ord. 2440-15 §§ 1, 2, 2015)
17.100.030 Applications seeking approval.
Repealed by Ord. 2440-15. (Prior code § 17.035(3)(part))
17.100.040 Preapplication conference.
A. All applicants requesting to be placed on the plan commission agenda for plan approval(s) shall first meet with the director of community development or designee in a preapplication conference prior to being placed on the agenda. If it is determined by the director of community development that the preliminary plan is sufficient and adequate information is provided to enable review, the plans, and information required under Section 17.100.050, shall be submitted to the director of community development. The submitted material shall be reviewed by staff and either referred to the plan commission for review or approved administratively. For those applications not approved administratively, the petition will be placed on the next available plan commission agenda subject to any agenda length limits established by the plan commission.
B. Administrative Approval. At least three business days prior to the issuance of any administrative approval, the department of community development shall notify the aldermen of the respective aldermanic district of the request for administrative approval. (Ord. 2800-22 § 2, 2022; Ord. 2440-15 § 4, 2015)
17.100.050 Application content—Required submittals.
Each application to the Plan Commission shall include the following items:
A. Method of Operations Application.
1. Statement Form. The property owner completes and submits four copies of the City’s method of operation application form describing the request.
2. Plan Requirements. Site, preliminary grading and drainage, and landscaping plans required as part of the plan and method of operation application submission must be provided as follows: four copies, not to exceed 24 inches by 36 inches, at a standard engineering scale such as one inch equals 20 feet, one inch equals 30 feet, etc.; 15 reduced size copies either eight and one-half inches by 11 inches or 11 inches by 17 inches in size; and a digital version PDF and CAD. All others as indicated.
B. Area Study Map. In addition to the required submittal materials pertaining to the site for which approval is requested, applicants shall submit an area study map that provides context for the application. The area study map may identify the relationships of buildings, parking, drives, frontage roads, landscape features proposed for the site with similar features that exist on adjacent lands within the study area under current zoning. The minimum dimensions of the study area shall be set by the Department of Community Development at the preapplication meeting.
C. Site Plan. The plan should include the precise location and relationship of the property to surrounding properties, including buildings on adjacent properties; the location of existing and proposed buildings on the site including area dimensions required by this code for the proposed buildings; the location, arrangement and dimensions of driveways, parking areas, lighting, signs, and other site features. A site data table must also be included on the site plan indicating the lot area, square feet of lot area per unit and number of units per acre for multiple-family development, floor area of existing and proposed buildings, floor area ratio, lot coverage, landscape surface ratio, and number of existing and proposed parking spaces.
D. Grading and Drainage Plan. This plan should include existing and proposed contours at a maximum of two-foot intervals. Existing features, such as swales, ponds, ditches, storm sewers, inlets, etc., shall be shown with size and type of pipe labeled. Proposed features to promote proper drainage, including curbing, berms, swales, inlets and extensions to storm sewers, shall also be shown and clearly labeled. The plan is subject to final review and approval by the Engineering Department or upon referral to and approval by the Board of Public Works.
E. Building Plans. Two copies of building plans at a standard architectural scale (e.g., 1/8" = 1', 1/4" = 1', etc.), including exterior elevation drawings of all sides of all buildings proposed to be erected or remodeled to show the architectural treatment intended and identification on the plan of specific building materials to be used.
F. Building Materials. Sample building materials are required to be submitted for any new construction or when different materials are proposed for existing construction.
G. Architectural Rendering. Two copies, at least 24 inches by 36 inches, of the proposed buildings.
H. Landscape Plan. A landscape plan prepared by a registered landscape architect as required in Section 17.100.122. If any provision of the Brookfield Municipal Code conflicts or is inconsistent with the standards, the provisions of the code shall apply.
I. Exterior Signs. Two copies of plans, renderings or other pictures of any exterior signs shall be submitted with the application for each nonresidential use. This submission is for informational purposes only and requires separate application to the Building Inspection Department for approval.
J. Other.
1. Any other information that is deemed necessary to properly address the request such as a building model, sanitary sewer and water utility locations, etc.
2. Traffic Impact Analysis Required. A traffic impact analysis is required with the plan and method of operation application whenever traffic generated by the proposed development is expected to exceed 100 vehicles in the peak hour as indicated in the plan and method of operations statement, when the development is located on a major or secondary street, or when the city engineer determines after reviewing the plan and method of operation application that the development is likely to exceed the safe capacity of existing transportation facilities or will endanger property or public health and safety.
3. The development agreement application fee if a development agreement is applicable as set forth in Chapter 15.32.
K. In any case where the applicant proposes to increase the area of impervious surfaces, a stormwater management plan application is required under the provisions of Title 14.
L. Exceptions for Minor Change to Plan and Method of Operation Applications. Application submittal requirements of subsections (B), (E), (F), (G), and (I) of this section do not apply to minor changes to plan and method of operation and subsections (D) and (H) of this section can be waived by the director of community development depending on the type of project.
M. The director of community development may waive any of the above documents or information where deliberation by the plan commission is unnecessary in the director’s opinion. (Ord. 2866-24 § 6, 2024; Ord. 2802-22 §§ 6, 7, 2022; Ord. 2800-22 § 2, 2022; Ord. 2021-111606 §§ 1, 2, 2021; Ord. 2595-20 § 4, 2020; Ord. 2440-15 §§ 5—7, 2015; Ord. 2315-13 § 1 (part), 2013; Ord. 2129-08 §§ 2, 3, 2008; Ord. 1919-03 § 3 (part), 2003; Ord. 1912-03 § 1 (part), 2003; Ord. 1725 § 4, 2000; Ord. 1551 §§ 1, 2, 1996; prior code § 17.035(3)(b))
17.100.060 Application deadline.
A. The application deadline for the plan commission is as follows: 15 days prior to meeting.
B. A preapplication conference shall be arranged by the applicant in advance of this deadline. (Ord. 2800-22 § 2, 2022; prior code § 17.035(3)(c))
17.100.065 Compliance and review.
A. Plan and method of operation applications must comply with the provisions of this code and other adopted standards, such as, but not limited to, Sections 15.04.060 and 15.04.170, Chapter 15.20, Titles 8 and 14, and the site development and landscape standards adopted and revised from time to time by resolution of the Common Council.
B. The planning and engineering staff will review plan and method of operation applications for compliance with the City’s code and adopted standards before making a recommendation to the Plan Commission. (Ord. 2802-22 § 8, 2022)
17.100.070 Plan Commission’s recommendation and Council’s decision—Basis of determination.
The Plan Commission’s recommendation and the Council’s decision shall be based on a determination that the proposed structure and use will or will not:
A. Have a substantial adverse effect on traffic safety;
B. Be inconsistent with this code;
C. Be inadequately served with present or planned municipal services based upon the demand for such services in comparison to existing conditions for the subject property;
D. Be in conformance with the most current version of the site development and landscaping standards. (Ord. 2802-22 § 9, 2022)
17.100.080 Termination of approval and completion schedule.
As part of the review and approval of an application under this chapter, certain expectations regarding the commencement and completion of the project may be established by the council or plan commission.
A. Termination of Approval if Project Is Not Commenced. The council, or the plan commission with council approval, may establish a termination date or reverter for any approval under this chapter. Such date or reverter shall be effective twenty-four (24) months after the date of such approval, unless otherwise established by the council or plan commission, and shall be set forth in the minutes of the council or plan commission. A certified excerpt thereof shall be recorded with the register of deeds where the council or the plan commission considers it appropriate. No further notice or hearing shall be required for such reverter or termination to occur. It is the intent of the council that where proposed projects are not substantially underway by the date of such approval, the approval shall terminate; however, where substantial progress has been made by said date, the council may extend it. Substantial progress shall be evidenced by the petitioner securing valid building permits for the project. Where appropriate, “substantial progress” can be defined in a development agreement or approved new or revised plan and method of operation outlining a percentage of completed construction or project phasing which shall be considered substantial progress for purposes of this chapter.
B. Completion Schedule. In addition to establishing an expected commencement deadline for the project, the council, or the plan commission with council approval, may establish a completion schedule on a case-by-case basis including a project commencement date, site improvement completion date and a building construction completion date and associated specifications for any site or building construction approved under this chapter. Such completion schedule shall begin with any site or building construction authorized by the city and shall be adhered to per the written specifications established by the council or plan commission. The completion schedule and associated specifications shall be set forth in the minutes of the council or plan commission and development agreement when an agreement is required. A certified excerpt thereof shall be recorded with the register of deeds where the council or the plan commission considers it appropriate. No further notice or hearing shall be required for the city to enforce the completion schedule and associated specifications. Violations of this section are subject to the provisions of Section 17.100.130 of this chapter.
C. Appeals. Any individual responsible for compliance of the above provisions of this section can file an appeal under the provisions of this chapter if the party feels aggrieved by any decision of the administrative office or body enforcing the provisions of this section. (Ord. 2220-10 §§ 1, 2, 2010; Ord. 2134-08 § 7, 2008: prior code § 17.035(5))
17.100.090 Use or development approval—Limitations.
A use or development approved under this chapter shall be strictly limited to the location, and plan and method of operation as approved. (Amended during 1/21/16 update; prior code § 17.035(6))
17.100.100 Wetland preservation impact fees.
Repealed by Ord. 2835-23. (Ord. 2787-22 § 3, 2022)
17.100.110 Wetland preservation and bikeway fees—Nonresidential development.
Repealed by Ord. 2787-22. (Ord. 2103-07 § 4 (part), 2007: Ord. 1919-03 § 3 (part), 2003; Ord. 1608 § 1 (part), 1997)
17.100.120 Development impact fee administration.
Repealed by Ord. 2787-22. (Ord. 2103-07 § 4 (part), 2007: Ord. 1919-03 § 3 (part), 2003; Ord. 1912-03 § 2 (part), 2003; Ord. 1819 § 3 (part), 2001; Ord. 1608 § 3, 1997)
17.100.122 Landscaping required.
A. Findings. The Council hereby finds that landscaping is for the good of the public health and safety and, therefore, is an improvement required from developers or property owners for all new multifamily, two-family, and nonresidential development which abuts upon any public or private street.
B. Definitions. The following definitions apply in this section:
“Department” means the Community Development Department.
“Developer” means the person submitting an application for plan and method of operation approval.
“Security” means letter of credit in the City’s standard form or cash deposit.
C. Landscaping must be provided for all non-single-family dwellings in the amount and locations required by the site development and landscape standards including street yard landscaping as described therein.
D. 1. Landscaping plans must be submitted with the plan and method of operation application as required at Section 17.100.050. Plans must be prepared by a registered landscape architect. Upon City Engineering Division approval of the grading, drainage, and stormwater plans, the applicant shall finalize the preliminary landscape plan and superimpose it upon the approved grading plan. Upon receipt of the final review comments from the City Engineer and the reviewing landscape architect, the applicant shall make any required revisions and submit four copies and PDF copy of the final landscape plan with stamp and certification by the applicant’s registered landscape architect.
2. The plans must indicate the location, types, number of existing and proposed plantings, landscaping and landforms, including specifications (caliper of size and varieties) listed in a planting schedule and the street yard plan and general landscaping. The legend and plan should clearly distinguish between existing and proposed plantings. A data table must be included to show compliance with the street yard landscaping requirement.
E. Time for Installation. All landscaping shall be installed no later than one year from the date of plan and method of operation approval, unless the Plan Commission grants an extension. If the date of plan and method of operation approval occurs between September 30th and May 1st, the developer shall automatically be granted an extension beyond the initial one-year period until the next occurrence of June 1st.
F. Street Yard Landscaping. If the developer or property owner has not fully installed the landscaping at the time of the plan and method of operation approval, the developer or property owner shall comply with the following:
1. Financial Security and Easement for Installation. To secure installation of the landscaping, the developer or property owner shall deposit with the City a security in an amount specified in Section 3.28.010(P), less the value of the 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 will review any letters of credit to ensure compliance with the City’s form. The security will remain in force until all required street yard landscaping has been completed and approved by the Department.
2. Replacement Landscaping. The developer or property owner shall be responsible for the maintenance and replacement of any street yard landscaping for three years after the date of approval of installation from the Department. To ensure the maintenance of the street yard landscaping, the developer shall deposit with the City a security in an amount specified in Section 3.28.010(Q). In lieu of posting a second security, the developer or property owner may request that the security for installation be reduced to the amount required in this subsection. The amount of the security shall remain in force until 90 days after the end of the three-year maintenance period.
3. Temporary Easement. The property owner shall grant to the City a temporary easement granting access to the City or its authorized agents to perform the initial street yard landscape installation, installation of replacement landscaping, or landscaping maintenance if the developer or property owner fails to comply with the time requirements set forth in this section or the City receives notification of the expiration or cancellation of the security. The City Attorney shall approve any terms and conditions of the easement. The easement shall not terminate until 90 days after the end of the three-year maintenance period.
4. Installation Inspection Required. Upon completion of the landscape installation, the developer or property owner 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 the approved plan, the Department will issue an installation certificate and authorize the release or reduction of the security required for the landscape installation. If the developer or property owner 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.
5. Three-Year Replace and Maintenance Period. Upon written notification from the City that the landscaping needs replacement or maintenance, the developer or property owner shall ensure that such landscaping is replaced or maintained within 30 days of the date of notification, or if additional time is necessary due to growing conditions, by the date determined by the Department and set forth in the written notification. If the developer or property owner fails to make such replacement or maintenance, the City or its authorized agents may install or maintain the landscaping and deduct the same from the security required for maintenance. (Ord. 2802-22 § 7, 2022)
17.100.125 Right-of-way dedication or road improvements required.
When the particular characteristics of a proposed development will generate a negative impact on vehicle and pedestrian traffic safety, such as a significant increase in traffic volume, or some other aspect of traffic flow as determined by generally accepted traffic impact standards as found in the Institute of Transportation Engineers Trip Generation data, which can be alleviated by road improvements abutting the subject property, the developer must dedicate the land necessary for the ultimate public right-of-way, or any portions thereof, as established on the Waukesha County highway width ordinance or the City’s official map, to locate those improvements and pay for any infrastructure construction and installation necessary to alleviate the negative impact, unless waived by the Common Council in whole or part, upon the Plan Commission’s recommendation that the dedication or payment by the developer would be more than the development’s proportionate share necessary to alleviate the impact created by the development or that transportation improvements are already planned by the City which would alleviate the impact. (Ord. 2021-111606 § 4, 2021)
17.100.130 Violations.
Any person who violates, omits, neglects or refuses to comply with all or any part of a plan and method of operation approved pursuant to this chapter shall be subject to a penalty as provided in Chapter 1.12 of this code. (Ord. 2076-06 § 2, 2006)