Brookfield board amends encroachment rules to set 18-inch setback and 30-inch maximum low-barrier wall height

The Village of Brookfield board on March 9 voted to amend and adopt an ordinance updating Division 5 of the village code that governs permitted encroachments in residentially zoned properties.

Trustee Hendricks moved to add language requiring permitted low-barrier wall encroachments to be no taller than 30 inches and to be set back at least 18 inches from the curb, citing child-safety and sight-line concerns near school properties. “If there is a minimum setback of 18 inches that allows a refuge,” Hendricks said, “...the low barrier wall not exceed a maximum of 30 inches is a sight line issue.” He said he had discussed the proposal with Superintendent Evans, who indicated the district’s current proposal would meet those conditions.

Village staff and the village attorney said they did not oppose the amendment but requested additional time to verify whether the specific construction standards were typical and appropriate to codify for all future encroachments. Staff noted that encroachment licenses already require review of safety concerns and that the village manager coordinates with public works and police on individual license reviews.

Board members discussed options including (1) adopting the amendment and proceeding so District 95 could move forward with a time-sensitive project, or (2) postponing final adoption to allow staff to research standard dimensions. The board first voted to approve the motion to amend the ordinance; after the amendment carried by roll call the trustees then voted to approve the ordinance as amended.

The ordinance will now include the 18-inch setback and 30-inch maximum low-barrier wall height language. Staff said they will research whether additional or different construction standards should be recommended at a future meeting and will return with any suggested adjustments.