Rawlins Municipal Code
Title 18
Chapters:
Chapter 18.04
Sections:
Section 18.04.010 Title.
These regulations shall be known and may be
cited as "The
Rawlins Subdivision Regulations."
(Ord. 4A-78 (part): prior code § 30-1)
The purposes of the regulations are to promote
the public
health, safety and general welfare of
the community. The overall objective of these regulations is to consider land subdivision plats as
part of a plan for the orderly, efficient and economical development of the land within the
planning commission's jurisdiction. The following provisions shall guide the planning
commission in formulating its decisions:
A. Proposed streets
shall compose
a convenient and efficient traffic circulation system,
properly related to the proposals of any transportation plan. Streets shall be of such width, grade
and location to accommodate prospective traffic, provide adequate light and air, and to provide
access by service and emergency vehicles.
B. Land of suitable
location, size
and character for utility or drainage easements or public
community services shall be shown on the subdivision plat wherever appropriate.
C. Land subdivided
shall be of such
character that it can be used safely for building purposes
without danger to health and welfare from flooding, fire, contamination, erosion and other
menace.
D. The
development of any subdivision
should avoid unnecessary environmental
degradation; pollution of air, streams, ponds and so on; and be in harmony with the natural
environment.
E. Protect and
conserve the value
of land and buildings throughout the city and minimize
conflicts among the uses of land and buildings.
F. Provide for
adequate water, sewage,
schools, parks, playgrounds, recreation and other
public requirements, facilities and open space needs as will accommodate the anticipated rate of
development.
G. Establish
reasonable standards
of design and procedures for subdivisions and
resubdivisions, in order to further the orderly layout and use of land; and insurance of proper
legal descriptions and monumenting of subdivided land to provide adequate records for land
titles.
H. Avoid excessive
expenditure of
public funds for the supply of public services. (Ord. 4A-78 (part): prior code § 30-4)
These regulations shall be administered by the
administrative
official to the planning
commission. (Ord. 4A-78 (part): prior code § 30-2)
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Authorization for these subdivision regulations
is contained
in Sections 15-1-601 through 15-1-612 of the Wyoming Statutes annotated, (1977) for
municipalities and
Sections 34-12-101
through 34-12-115 of the Wyoming Statutes annotated, (1977) on platting and dedication. (Ord.
4A-78 (part): prior code § 30-3)
These regulations apply to all subdivisions of
land within
the jurisdictional area of the city
council. (Ord. 4A-78 (part): prior code § 30-5)
These regulations supplement all other laws,
regulations,
ordinances or resolutions. The more
restrictive requirements shall apply where they are at variance with other laws, regulations,
ordinances or resolutions. (Ord. 4A-78 (part): prior code § 30-6)
These regulations shall not be construed as
abating any action
now pending under, or by virtue
of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any
penalty accruing or about to accrue, or as affecting the liability of any person, firm or
corporation, or as waiving any right of the city under any section or provision existing at the time
of adoption of these regulations, or as vacating or annulling any rights obtained by any person,
firm or corporation, by lawful action of the city except as shall be expressly provided for in these
regulations. (Ord. 4A-78 (part): prior code § 30-8)
For the purpose of providing for the public
health, safety
and general welfare, the planning
commission may recommend to the city council proposed modifications and revisions of these
subdivision regulations. Public hearings on all proposed amendments shall be held in the manner
prescribed by law, after which the city council shall approve, amend or override the planning
commission's recommendations. (Ord. 4A-78 (part): prior code § 30-10)
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The developer shall comply with reasonable
conditions laid
down by the planning commission
for design, dedication, improvement and restrictive use of the land so as to conform to the
physical and economical development of the city and to the safety and general welfare of the
future plot owners in the subdivision and of the community at large. (Ord. 4A-78 (part): prior
code § 30-11)
A. For any change
in a map or an approved
or recorded subdivision plat, if the change
affects any street layout shown on the map, or area reserved in the creation of a substandard lot
or an additional lot, or if it affects any map or plan legally reached prior to the adoption of any
regulations controlling subdivisions, the parcel shall be reviewed by the planning commission
and approved by the city council by the same procedures, rules and regulations as for a
subdivision.
B. For the purposes
of this section,
the term "substandard lot" means any lot resulting from
or affected by the change which does not conform with the requirements of the zoning of the
district in which the lot resulting or affected is situated. (Ord. 11I-80 § 1: Ord. 4A-78
(part):
prior
code § 30-12(a))
Whenever a parcel of land is subdivided and the
subdivision
plat shows one or more lots
containing more than one acre of land, and there are indications that the lots will eventually be
resubdivided into small building sites, the planning commission may require that the parcel of
land allow for the future opening of streets. Easements, providing for the future opening and
extension of the streets, may be made a requirement of the plat. (Ord. 4A-78 (part): prior code
§
30-12(b))
These regulations may be modified by the
degree necessary
to accomplish the objectives and
standards required for the planned unit development of residential, commercial or industrial
subdivision, or a mixture, in accordance with provisions of the zoning ordinance. (Ord. 4A-78
(part): prior code § 30-14)
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Chapter 18.08
Sections:
Section 18.08.010 Generally.
For the purpose of these regulations, certain
numbers, abbreviations,
terms and words used in
this title shall be used, interpreted and defined as set forth in this chapter.
A. The word
"person" includes
a firm, association, organization, partnership, trust, company
or corporation as well as an individual.
B. The word
"shall" is a
mandatory requirement, the word "may" is a permissive
requirement, and the word "should" is a preferred requirement.
C. The words
"used" or "occupies"
includes the words "intended," "designed" or "arranged"
to be used or occupied.
D. The word
"lot" includes
the words "plot" or "parcel."
E. Unless the
context clearly indicates
to the contrary, words used in the present tense
include the future tense; words in the plural number include the singular; the word
"herein"
means "in these regulations"; the word "regulations" means "these
regulations."
F. A
"building" includes
a "structure," a "building" or "structure" includes any part
thereof.
(Ord. 4A-78 (part): prior code § 30-72)
"Administrative official" means any
department,
employee or advisory, elected or appointed
body which is authorized to administer any provision of the zoning regulation, subdivision
regulations, and if delegated, any provision of any housing or building regulation or any other
land use control regulation. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Alley" means a minor way
dedicated to the public
and designed or used primarily for
vehicular service access to the rear or side of properties otherwise abutting on a street. (Ord.
4A-78
(part): prior code § 30-73 (part))
"Applicant" means a landowner or
developer who
has filed an application for development
including his heirs, successors and assigns. (Ord. 4A-78 (part): prior code § 30-73
(part))
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"Block" means a tract of land
bounded by streets,
or by a combination of streets, and public
parks, cemeteries, railroad rights-of-ways, shorelines of waterways, or boundary line of
municipalities. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Bond" means any form of security
including a cash
deposit, surety bond, collateral, property
or instrument of credit in an amount and form satisfactory to the city council. All bonds shall be
approved by the city council whenever a bond is required by these regulations. (Ord. 4A-78
(part): prior code § 30-73 (part))
"Building" means any structure built
for the support,
shelter or enclosure of persons, animals,
chattels or movable property of any kind, and includes any structure. (Ord. 4A-78 (part): prior
code § 30-73 (part))
"City" refers to the incorporated
area of the city
of Rawlins, Wyoming, as it existed at the time
of the adoption of these regulations and including any revisions thereto. (Ord. 4A-78 (part): prior
code § 30-73 (part))
"City attorney" means the licensed
attorney designated
by the city council to furnish legal
assistance for the administration of these regulations. (Ord. 4A-78 (part): prior code §
30-73
(part))
"City engineer" refers to the engineer
employed or contracted by the city for the purpose of providing engineering services and inspecting the
plans and construction of public facilities. (Ord. 4A-78 (part): prior code § 30-73
(part))(Ord. 11-2007, Amended, 11/06/2007)
See "Street classifications." (Ord.
4A-78 (part):
prior code § 30-73 (part))
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"Construction plans" means the
maps or drawings
approved by the city engineer showing the
specific location and design of improvements to be installed in the subdivision in accordance
with the requirements of the city as a condition of approval of the final plat. (Ord. 4A-78 (part):
prior code § 30-73 (part))
"County" refers to the territory of
Carbon County.
(Ord. 4A-78 (part): prior code § 30-73
(part))
"Cul-de-sac" means a local street
with only one
outlet and having an appropriate terminal for
the safe and convenient reversal of traffic movement. (Ord. 4A-78 (part): prior code §
30-73
(part))
"Dead-end street" means a street
temporarily having
only one outlet for vehicular traffic and
intended to be extended or continued in the future. (Ord. 4A-78 (part): prior code § 30-73
(part))
"Developer" means any individual,
firm, association,
corporation, governmental agency or any
other legal entity commencing proceedings under these regulations, to carry out the development
of land as defined in this chapter, for himself or for another. (Ord. 4A-78 (part): prior code
§
30-73 (part))
"Development plan" consists of
maps or drawings
and other documents relating to the use,
location and bulk of buildings and other structures, streets, ways, parking facilities, common and
open space, utilities, public facilities and drainage, all as may be prescribed by the city.
(Ord. 4A-78 (part): prior code § 30-73 (part))(Ord. 11-2007, Amended, 11/06/2007)
"Drainageway" means an existing or
proposed channel
wherein normally only storm water
runoff flows. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Easement" means authorization by
a property owner
for the use by another, and for a
specified purpose, of any designated part of his property. (Ord. 4A-78 (part): prior code §
30-73
(part))
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"Engineer" means any person
licensed to practice
professional engineering in the state as
specified in Sections 33-29-101 through 33-29-113, Wyoming Statutes, annotated (1977). (Ord.
4A-78 (part): prior code § 30-73 (part))
"One-hundred-year flood" means
flood limits resulting
from a one-hundred-year storm. (Ord.
4A-78 (part): prior code § 30-73 (part))
"Frontage" means that side of a lot
abutting on
a street or way and ordinarily regarded as the
front of the lot, but it shall not be considered as the ordinary side of a corner lot. (Ord. 4A-78
(part): prior code § 30-73 (part))
"Grade" means the inclination from
the horizontal
of a road, utility, land, etc., and as
expressed by stating the vertical rise or fall as a percent of the horizontal distance. (Ord. 4A-78
(part): prior code § 30-73 (part))
"Improvements" means street
pavement or resurfacing,
curbs, gutters, sidewalks, water lines,
sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines,
landscaping and other related matters normally associated with the development of raw land into
building sites. (Ord. 4A-78 (part): prior code § 30-73 (part))
See "Street classifications." (Ord.
4A-78 (part):
prior code § 30-73 (part))
"Lot" or "parcel" means
a portion of
land in a subdivision or plat of land, separated from other
lots or portions of land by description as on a subdivision or record of survey map or by metes
and bounds; for the purpose of sale, lease or separate use. (Ord. 4A-78 (part): prior code §
30-73
(part))
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"Lot area" means the amount of
surface land contained
within the property lines of a lot,
including the land within easements on the lot, but excluding any land within the street
right-of-way
or public open spaces. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Lot improvement" means any
building, structure,
place, work of art or other object, or
improvement of land on which they are situated, constituting a physical betterment of real
property, or any part of the betterment. (Ord. 4A-78 (part): prior code § 30-73
(part))
"Lot of record" means a lot which is
part of a
subdivision recorded in the office of the county
recorder, or a lot or parcel described by metes and bounds, the description of which has been so
recorded. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Lot width" means the distance
between the property
lines measured at right angles to the
centerline of the right-of-way. (Ord. 4A-78 (part): prior code § 30-73 (part))
See "Street, major." (Ord. 4A-78
(part): prior
code § 30-73 (part))
See "Street, marginal access." (Ord.
4A-78 (part):
prior code § 30-73 (part))
"Master plan" means a
comprehensive plan for development
of the city, prepared and adopted
by the planning commission, pursuant to state law, and including any part of the plan separately
adopted and any amendment to the plan, or parts thereof. (Ord. 4A-78 (part): prior code §
30-73
(part))
See "Official map." (Ord. 4A-78
(part): prior code
§ 30-73 (part))
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"Monuments" means permanent
concrete or metal markers
used to establish definitely all lines
of the plat of a subdivision, including all lot corners, boundary line corners and points of change
in street alignment. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Official map" means the map
established by the
city council pursuant to law showing the
street, highway and parks, and drainage systems and setback lines theretofore laid out, adopted
and established by law, and any amendments or additions thereto adopted by the city council of
additions thereto resulting from the approval of subdivision plats by the planning commission
and the subsequent filing of the approved plats. (Ord. 4A-78 (part): prior code § 30-73
(part))
"Off-site" means any premises not
located within
the area of the property to be subdivided,
whether or not in the same ownership of the applicant for subdivision approval. (Ord. 4A-78
(part): prior code § 30-73 (part))
"Open space" means an area open to
the sky which
may be on the same lot with a building.
The area may include, along with the natural environmental features, swimming pools, tennis
courts, any other recreational facilities that the planning commission deems permissive. Streets,
structures for habitation and the like shall not be included. (Ord. 4A-78 (part): prior code §
30-73
(part))
"Ordinance" means any legislative
action, however
denominated, of the city council which has
the force of law, including any amendment or repeal of any ordinance. (Ord. 4A-78 (part): prior
code § 30-73 (part))
"Owner" means any person, group
of persons, firm
or firms, corporation or corporations, or
any legal entity having legal title to or sufficient proprietary interest in the land sought to be
subdivided under these regulations. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Off-street parking" means parking
space which
shall be adequate in area to provide for the
off-street parking as required in the zoning ordinance together with properly related access to a
public street or alley and maneuvering room, but shall be located totally outside of any street or
alley right-of-way. (Ord. 4A-78 (part): prior code § 30-73 (part))
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"Perimeter street" means any
existing street to
which the parcel of land to be subdivided abuts
on only one side. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Planning commission" means the
city planning commission
established in accordance with
law. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Final plat" means the final map,
drawing or chart
upon which the subdivider's plan of
subdivision is presented to the planning commission for approval, and which, if approved, will
be
submitted to the county clerk for recording. (Ord. 4A-78 (part): prior code § 30-73
(part))
"Preliminary plat" means the
preliminary drawing
or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be submitted to the planning
commission for approval. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Public facility" means any use of
land, whether
publicly or privately owned, for
transportation, utilities or communications, or for the benefit of the general public, including, but
not limited to, libraries, streets, schools, fire or police stations, county buildings, municipal
buildings, recreational centers, including parks, and cemeteries. (Ord. 4A-78 (part): prior code
§
30-73 (part))
"Public improvement" means any
drainage ditch,
roadway, parkway, sidewalk, pedestrianway,
off-street parking area, lot improvement or other facility for which the city may ultimately
assume the responsibility for maintenance and operation, or which may affect an improvement
for which responsibility is established. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Public way" means an alley,
avenue, boulevard,
bridge, channel, ditch, easement, expressway,
freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct,
walk or other ways in which the general public or a public entity have a right, or which are
dedicated, whether improved or not. (Ord. 4A-78 (part): prior code § 30-73 (part))
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"Resubdivision" means a change in
a map of an approved
or recorded subdivision plat as the
change affects any street layout on the map or area reserved thereon for public use, or any lot
line; or if it affects any map or plan legally recorded prior to the adoption of any regulation
controlling subdivisions. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Right-of-way" means a strip of
land occupied or
intended to be occupied by a street,
crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or
storm sewer main, shade trees or for another special use. The usage of the term
"right-of-way"
for land platting purposes means that every right-of-way hereafter established and shown on a
final plat is to be separated and distinct from the lots or parcels adjoining the right-of-way and
not included within the dimensions or areas of the lots or parcels. Rights-of-way intended for
streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use
involving maintenance by a public agency shall be dedicated to public use by the maker of the
plat on which the right-of-way is established. (Ord. 4A-78 (part): prior code § 30-73
(part))
"Sale" or "lease" means
any immediate
or future transfer of ownership, or any possessory
interest in land, including contract sale, lease, devise, intestate succession or transfer, or an
interest in a subdivision or part thereof, whether by metes and bounds, deeds, contract, plat, map,
lease, devise, intestate succession or other written instrument. (Ord. 4A-78 (part): prior code
§
30-73 (part))
"Same ownership" means ownership
by the same person,
corporation, firm, entity, partnership
or unincorporated association; or ownership by different corporation, firms, partnerships, entities
or unincorporated associations, in which a stockholder, partner or associate, or a member of his
family owns an interest in each corporation, firm, partnership, entity or unincorporated
association. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Specifications" means the
engineering specifications
of the city prepared by the city engineer
for the purpose of regulating the installation of any public improvement or facility required to be
installed as a condition of approval of the subdivision plat. (Ord. 4A-78 (part): prior code §
30-73
(part))
"One-hundred-year storm" means a
storm intensity
with a probability of recurrence once in
every one hundred years. (Ord. 4A-78 (part): prior code § 30-73 (part))
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"Street" means a public right-of-way
which affords
primary vehicular traffic or pedestrian
access to abutting properties, includes avenue, boulevard, road, highway, freeway, parkway,
thoroughfare and viaduct, but shall not include a lane or an alley for the purposes of this title.
(Ord. 4A-78 (part): prior code § 30-73 (part))
A. "Arterial
street" means
a major street or highway with fast or heavy traffic of
considerable continuity and used primarily as a traffic artery for intercommunications along large
areas.
B. "Collector
street" means
a street collecting traffic from local streets, and connecting them
with a major street, or another collector street.
C. "Local
street" or "minor
street" means a street exclusively or primarily providing access
to abutting properties. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Street line" means the dividing line
between the
street and the lot, also known as right-of-way
line. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Major street" means a road
intended to move through
traffic to and from such major attractors
as central business districts, regional shopping center, colleges and/or universities, major
industrial areas and similar traffic between communities of large areas. (Ord. 4A-78 (part): prior
code § 30-73 (part))
"Marginal access street" means a
local or collector
street, parallel and adjacent to an arterial
street, providing access to abutting properties and protection from arterial streets. (Also called
frontage street.) (Ord. 4A-78 (part): prior code § 30-73 (part))
"Street roadway width" means the
distance between
the curb faces measured at right angles to
the centerline of the street. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Subdivider" means any person who
lays out any
subdivision or parts thereof, either for the
account of the subdivider or others. (Ord. 4A-78 (part): prior code § 30-73 (part))
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"Subdivision" means the division of
a tract or
parcel of land into three or more parts for
immediate or future sale or building development. (Ord. 4A-78 (part): prior code § 30-73
(part))
"Subdivision plat" means the final
map or drawing,
described in these regulations, on which
the subdivider's plan or subdivision is presented to the planning commission for approval and
which, if approved, may be submitted to the county clerk or recorder of deeds for filing. (Ord.
4A-78 (part): prior code § 30-73 (part))
"Through lot" means a lot other than
a corner lot
with frontage on more than one street.
Through lots abutting two streets may be referred to as double frontage lots. (Ord. 4A-78 (part):
prior code § 30-73 (part))
"Unit" means a portion of a
subdivision selected
for development as one of a series of stages.
(Ord. 4A-78 (part): prior code § 30-73 (part))
"Variance" means a modification of
the strict terms
of the relevant regulations where such
modifications will not be contrary to the public interest and where owing to conditions peculiar
to the property and not the result of the action of the applicant, a literal enforcement of the
regulations would result in unnecessary and undue hardship. (Ord. 4A-78 (part): prior code
§ 30-73
(part))
"Vicinity map" means a drawing
located on the plat
which sets forth by dimensions or other
means, the relationship of the proposed subdivision or use to other nearby developments or
landmarks and community facilities and services within the city and/or county in order to better
locate and orient the area in question. (Ord. 4A-78 (part): prior code § 30-73 (part))
"Walkway" means a dedicated
public way for pedestrian
use only, whether along the side of a
road or not. (Ord. 4A-78 (part): prior code § 30-73 (part))
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Chapter 18.12
Sections:
Section 18.12.010 Sketch plan.
Prior to the submission of a preliminary plat, as
prescribed
by these regulations, the subdivider
or his agent may prepare and submit a sketch plan in four copies to the administrative official to
the planning commission. The administrative official to the planning commission shall review
the sketch plan with the subdivider and other agencies and departments. The purpose of the
sketch plan discussion is to resolve any major points of disagreement before the expenses are
incurred in the development of a preliminary plat. No action is required of the planning
commission nor of any official or agency other than to offer appropriate comments on the sketch
plan. (Ord. 4A-78 (part): prior code § 30-26)
| The applicant shall file, in duplicate, an application for approval of a
preliminary plat. The application shall: |
| A. | Be made on a form available at the office
of the administrative official to the planning commission; |
| B. | Be accompanied by a minimum of fifteen
copies of the preliminary plat as described in these regulations. The preliminary plat shall show all land
which the applicant proposes to subdivide and all land immediately adjacent extending one hundred feet
from the street frontage of the opposite land; |
| C. | Be accompanied by two copies of a
preliminary drainage plan prepared by an engineer knowledgeable in the field of hydrology and licensed
to
practice in the state; |
| D. | Be accompanied by two copies of a
preliminary water and sewer plan together with, if required by the City Engineer, supporting engineering
analysis verifying the adequacy of existing and/or proposed sewer and water facilities and
systems; |
| E. | Be accompanied by fifteen copies of a
preliminary development plan in the case of a plat incorporating areas proposed to be zoned and used
for
commercial, industrial or multifamily purposes or when a planned unit development or mobile home
park is
proposed; |
| F. | Be accompanied by a title insurance
commitment; |
| G. | Be accompanied by a preliminary plat
review fee as may be prescribed by resolution of the City Council pursuant to Title 1 of this
code. |
| (Ord. 4A-78 (part): prior code §30-27(a))
(Ord. 08a-2008, Amended, 08/19/2008) |
The administrative official to the planning
commission shall,
within three working days,
furnish each of the following agencies and offices with a copy of the preliminary plat for review
and comment:
A. City
engineer;
B. City
attorney;
C. Police
department;
D. Fire
department;
E. Director of Public
Works;
F. Public school
district;
G. U.S. Post
Office;
H. Electric power
company;
I. Gas
company;
J. Telephone
company;
K. Building
department;
L. Recreation
board;
M. Cable
company;
N. Other agencies
or public offices
affected by the proposed subdivision. (Ord. 4A-78 (part):
prior code § 30-27(b))(Ord. 11-2007, Amended, 11/06/2007)
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The administrative official to the planning
commission before
making any recommendation to
the planning commission regarding the preliminary plat, shall consider a written report from each
of the agencies and offices enumerated in Section 18.12.030 as to whether the information and
data shown on the preliminary plat and the associated documents indicates that the proposed
subdivision will be consistent with and promote the planning objective set forth in these
regulations and the policies and requirements for development set forth in the ordinances of the
city. After considering the written reports, and after considering any objections from the agencies
listed, the administrative official to the planning commission shall prepare a written
recommendation to the planning commission, recommending that the preliminary plat either be
approved, conditionally approved or disapproved and the plat shall be scheduled for review by
the planning commission at its next timely meeting. A copy of the written recommendation of the
administrative official to the planning commission concerning the plat shall be made within
thirty days after the preliminary plat and all other required information has been submitted to the
administrative official. However, in the event that the administrative official to the planning
commission requires additional time for review, he shall notify the subdivider, in writing, of the
extended time period required, which shall not exceed forty-five days from the date of submittal.
(Ord. 4A-78 (part): prior code § 30-27(c))
The preliminary plat and all pertinent data shall
be reviewed
by the planning commission and
it shall hear testimony and arguments in favor of or in objection to the plat from any individual,
firm, agency or official. The planning commission shall thereupon approve, conditionally
approve or disapprove the preliminary plat. Conditional approval may be given in instances
where only minor deficiencies are present. In other cases, the preliminary plat shall be approved,
unless, in the judgment of the planning commission, the subdivision proposed by the preliminary
plat would in one or more respects violate the spirit or letter of these regulations or of any
applicable law or ordinances, or unless the preliminary plat and the associated information is
lacking or inaccurate so as to make a decision on the substantive issues difficult or impossible.
(Ord. 4A-78 (part): prior code § 30-27(d))
The approval of a preliminary plat shall be
effective for
a period of one year; at the end of
which time final approval on the subdivision must have been obtained from the planning
commission, although the plat need not yet be signed and filed with the county clerk. Any plat
not receiving final approval within the period of time set forth in this section shall be null and
void, and the developer shall be required to resubmit a new plat for preliminary approval, subject
to all new zoning restrictions and subdivision regulations. In the event the final plat covers only
a
portion of the territory covered by the preliminary plat, the approval of the preliminary plat shall
be automatically renewed for additional one-year periods following the approval of each final
plat, unless the planning commission notifies the subdivider to the contrary. (Ord. 4A-78 (part):
prior code § 30-27(e))
Every plat shall conform to existing zoning
regulations applicable
at the time of proposed final
approval, except that any plat which has received preliminary approval shall be exempt from any
subsequent amendments to the zoning ordinance rendering the plat nonconforming as to bulk or
use; provided, that final approval is obtained within the one-year period. (Ord. 4A-78 (part):
prior code § 30-27(f))
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Chapter 18.16
Sections:
Section 18.16.010 Application.
| Following the approval of the preliminary plat, the applicant, if he
wishes to proceed with the subdivision, shall file, with the administrative official to the planning
commission, an application for final approval of a subdivision plat. The application shall: |
| A. | Be made on forms available at
the office of the administrative official to the planning commission; |
| B. | Be accompanied by a
minimum of eight copies of the final plat as described in these regulations; |
| C. | Comply in all respects with the
preliminary plat, as approved except that the final plat may constitute only a portion of the territory
covered by the preliminary plat. If the final plat does not conform to the preliminary plat, the
administrative official to the planning commission will decide if the change is substantial enough to
warrant another preliminary plat review by the commission; |
| D. | Be accompanied by a detailed
estimate of all the subdivision improvement costs, the estimate to be prepared by a professional
engineer
licensed to practice in the state; |
| E. | Be accompanied by a final plat
review fee as may be prescribed by resolution of the City Council pursuant to Title 1 of this
code; |
| F. | Provide evidence satisfactory
to the planning commission that adequate access has been provided and that all proposed streets, alleys
and roadways, within the subdivision, conform to the minimum standards adopted by the City Council
and
applied uniformly throughout the jurisdiction which shall not in itself constitute consent of the City
Council
to locate, repair or maintain roadways and facilities. If, however, the subdivider proposes to make any
streets, alleys or roadways private, then the subdivider shall submit to the City Council properly
acknowledged written certification that certain streets, alleys or roadways within the subdivision shall
remain private and the City shall be under no obligation to repair, maintain or accept any dedication of
such roads to the public use. If no such public maintenance is contemplated, the subdivider shall put a
legend on the plat of the subdivision, on the advertisements for the subdivision and on the contracts or
agreements for the sale and purchase of lots within the subdivision showing the streets, alleys and
roadways in capital letters stating "NO PUBLIC MAINTENANCE OF STREETS OR
ROADS"; |
| G. | If the subdivider proposes to
utilize adjoining property for water lines, drainage, sewer lines, power lines or other utilities, the
subdivider
shall provide copies of binding easements of not less than fifteen feet in width for the proposed facilities
from each property owner over whose land the services shall extend and shall provide a minimum
access
roadway right-of-way of sixty feet to the subdivision for all public ways; |
| H. | Provide evidence satisfactory
to the planning commission that the subdivider has adequate financial resources to develop and
complete
any facility proposed or represented to be the responsibility of the subdivider, including but not limited
to
water systems, sewage systems, drainage systems, streets and roadways; |
| I. | Provide evidence satisfactory
to the City Attorney that: |
| | 1. | The subdivided land is
free of all encumbrances, and that the person who offers any part of the subdivision for sale or who
solicits and offers for the purchase thereof, directly or through agents, may convey merchantable title,
subject only to noted reservations or restrictions of record, but free of encumbrances and subject only
to a
proportionate share of real property taxes or assessments charged or assessed for the year in which
any
such sale may be legally effected, or |
| | 2. | Binding arrangements
have been made by the person who offers any part of the subdivision for sale, directly or through an
agent, to assure purchasers of any part of the subdivision that upon full payment of the purchase price, a
deed can and will be delivered conveying merchantable title subject only to noted reservations or
restrictions of record and free of encumbrances not specifically assumed by the purchaser, subject only
to
a proportionate share of the taxes and assessments thereon as may be levied or assessed for the year in
which the sale may be legally effected; |
| J. | Provide verification from the
City Engineer that the construction plans, the final plat and the final drainage reports have been
reviewed
and approved and that the proposed sewage collection system and water distribution system together
with
all transmission and treatment facilities meet with City, state and federal standards; |
| K. | Be accompanied by any other
information consistent with these regulations and the City Council's published rules and regulations
which
the City Council deems pertinent or relevant to the evaluation of the application. |
| (Ord. 4A-78 (part): prior code § 30-28(a))
(Ord. 08a-2008, Amended, 08/19/2008) |
After receipt of the final plat and all supporting
documents,
the administrative official to the
planning commission shall review the submittal for completeness and for conformance with the
approved preliminary plat and all requirements of these regulations. The administrative official
to the planning commission shall refer copies of the final plat and appropriate supporting
documents to seek comments from any other agency and official from whom approval is required
or necessary. Provided the final plat and all supporting documents are complete and in accord
with the provisions of these regulations and requirements made by the planning commission, the
final plat shall be scheduled to be considered at a regular meeting of the planning commission
within forty-five days after all documents have been filed. In the event all documents are not
complete and approvable, the administrative official to the planning commission may extend the
review time period, but in no case will the final plat be scheduled to be considered by the
commission later than sixty days from the date of filing. Notice in writing shall be given the
applicant of any incomplete or unapprovable documents. The recommendations and comments of
the administrative official concerning the plat submittals shall be made to the planning
commission in writing at least five days prior to the scheduled planning commission meeting and
a copy of the same shall be sent to the applicant. (Ord. 4A-78 (part): prior code §
30-28(b))
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At the planning commission meeting, the
planning commission
shall give an opportunity to
any interested person or official to comment upon the plat. After due deliberation, the planning
commission shall approve, conditionally approve or disapprove the application. In its final
action, the planning commission shall stipulate in detail any conditions to which the approval is
subject or reasons for disapproval. One copy of the final subdivision plat shall be returned to the
subdivider with the date of approval, conditional approval or disapproval noted thereon, and the
reasons therefor accompanying the plat. (Ord. 4A-78 (part): prior code § 30-28(c))
Subsequent to the action by the planning
commission, one
copy of the original of the
subdivision plat, and two copies of the subdivision plat on reproducible mylar and two copies of
the subdivision plat on paper shall be submitted to the administrative official to the planning
commission for final review by him. No final approval shall be endorsed on the plat until a
review has indicated that all requirements of the commission's action have been met. (Ord. 4A-78
(part): prior code § 30-28(d))
No vested rights shall accrue to any plat by
reason of preliminary
or final approval until the
actual signing of the plat by the mayor. All requirements, conditions or regulations adopted by
the city council applicable to the subdivision or on all subdivisions generally shall be deemed a
condition for any subdivision prior to the time of the signing of the final plat by the mayor.
Where the planning commission has required the installation of improvements prior to the
signing of the final plat, the planning commission shall not unreasonably modify the conditions
set forth in the final approval. (Ord. 4A-78 (part): prior code § 30-28(e))
The city council shall approve or disapprove the
subdivision
applications and issue a ruling
within forty-five days after receiving a report from the planning commission. Approval of the
final subdivision plat shall be by resolution. (Ord. 4A-78 (part): prior code § 30-29)
A. Signing of Plat.
The mayor shall
endorse approval of the plat after the bond has been
approved by the city council, and all the conditions of the planning commission's action have
been satisfied.
B. Recording of
Plat.
1. The mayor will
sign the original
of the subdivision plat and two mylar reproducible copies
of the subdivision plat. One signed mylar copy will be returned to the applicant's surveyor.
2. It shall be the
responsibility
of the administrative official to the planning commission to
file the plat with the county clerk's office within thirty days of the date of signature.
Simultaneously with the filing of the plat, the administrative official to the planning commission
shall record such legal documents as shall be required to be recorded by the city attorney. (Ord.
4A-78 (part): prior code § 30-30)
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Chapter 18.20
Sections:
Section 18.20.010 Guarantee--Performance bond.
A. The applicant
may post a performance
bond, at the time of application for final
subdivision approval by the council, in the amount estimated by the city engineer as sufficient to
secure to the city the satisfactory construction, installation and dedications of the incompleted
portion of required improvements. The performance bond shall also secure all lot improvements
on the individual lots of the subdivision as required in these regulations.
B. The performance
bond shall comply
with all statutory requirements and shall be
satisfactory to the city attorney as to form, sufficiency and manner of execution as set forth in
these regulations. The period within which required improvements must be completed shall be
specified by the city council in the resolution approving the final subdivision plat and shall be
incorporated in the bond and shall not in any event exceed two years from date of final
approval.
C. The bond shall
be approved by the
city council as to amount and surety and conditions
satisfactory to the city council. The city council may, upon proof of difficulty, extend the
completion date set forth in the bond for a maximum period of three additional years. The city
council may, at any time during the period of the bond, accept a substitution of principal or
sureties on the bond upon the recommendation of the city attorney and city engineer. (Ord.
6A-83, 1983;
Ord. 4A-78 (part): prior code § 30-41(a))
The applicant shall build and pay for all costs of
temporary
improvements required by the city
council and shall maintain them for the period specified by the city council. Prior to construction
of any temporary facility or improvement, the developer shall file with the city council a separate
suitable bond for temporary facilities, which bond shall ensure that the temporary facilities will
be properly constructed, maintained and removed. (Ord. 4A-78 (part): prior code §
30-41(b))
All required improvements shall be made by the
applicant,
at his expense, without
reimbursement by the city, or any improvement district therein, except that the city may share in
the cost of required improvements when they are of an unusual nature and not consistent with the
character and/or size of normally required improvements. The cost sharing shall be in accordance
with policies and rules properly adopted by the city council. (Ord. 4A-78 (part): prior code
§
30-41(c))
Governmental units to which these bonds and
contract provisions
apply may file, in lieu of the
contractor bond, a certified resolution or ordinance from officers or agencies authorized to act in
their behalf, agreeing to comply with the provisions of this chapter. (Ord. 4A-78 (part): prior
code § 30-41(d))
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In those cases where a performance bond has
been posted and
required improvements have not
been installed within the terms of the performance bond, the city council may thereupon declare
the bond to be in default and require that all the improvements be installed regardless of the
extent of the building development at the time the bond is declared to be in default. (Ord. 4A-78
(part): prior code § 30-41(e))
Acceptance of formal offers of dedication of
streets, public
areas, easements and parks shall be
by resolution of the city council. The approval by the planning commission of a subdivision plat
shall not be deemed to constitute or imply the acceptance by the city of any street, easement or
park shown on the plat. (Ord. 4A-78 (part): prior code § 30-41(f))
If the city council finds that a developer is not
able to
post a performance bond, the city
council may require the subdivider to use one of the improvement guarantee techniques set out in
Sections 18.20.080 through 18.20.120. (Ord. 4A-78 (part): prior code § 30-41(g)
(part))
A. The subdivider
shall deposit cash
or U.S. government bonds, either with the city council
or in escrow with a bank. The use of collateral other than cash, and the selection of the bank with
which funds are to be deposited, are subject to the approval of the city council.
B. Where an
escrow account is to be
employed, the subdivider shall file with the city council
his agreement with the bank guaranteeing the following:
1. That the funds in
the escrow account
are to be held in trust until released by the city
council and may not be used or pledged by the subdivider as security for any obligation during
that period;
2. And that in case
the subdivider
fails to complete the required improvements, the bank
shall immediately make the funds in escrow available to the city for the completion of the
improvements. (Ord. 4A-78 (part): prior code § 30-41(g)(1))
The subdivider may offer as a guarantee, land or
other property,
including U.S. government
bonds. A qualified real estate appraiser shall establish the value of any real property so used and
in so doing, shall take into account the possibility of a decline or rise in the value of the property
during the guarantee period. The city council reserves the right to reject the use as collateral of
any property when the value of the property is unstable, when the property may be difficult to
sell, or when other factors exist which will inhibit the city council from exchanging the property
for an amount of money sufficient to complete the required improvements. When property is
offered as an improvement guarantee, the subdivider shall:
A. Execute an
agreement with the escrow
agent when it is not the city instructing the agent
to release the property to the city in case of default. The agreement shall be placed on file with
the county clerk.
B. File with the city
council an affidavit
affirming that the property to be used as a guarantee
is free and clear of any encumbrances or liens at the time it is to be put in escrow.
C. Execute and file
with the city
council an agreement stating that the property to be placed
in escrow as an improvement guarantee will not be used for any other purpose, or pledged as a
security in any other matter, until it is released by the city council. (Ord. 4A-78 (part): prior code
§ 30-41(g)(2))
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Subject to the approval of the city council, the
subdivider
shall provide an irrevocable letter of
credit from the bank or other reputable institution or individual. This letter shall be deposited
with the city council and shall certify the following:
A. That the creditor
guarantees funds
in an amount equal to the cost, as estimated by the city
engineer and approved by the city council, of completing all required improvements;
B. That, if the
subdivider fails to
complete the specified improvements within the required
period, the creditor will pay to the city immediately, and without further action, such funds as are
necessary to finance the completion of those improvements, up to the limit of credit stated in the
letter;
C. That this
irrevocable letter of
credit may not be withdrawn or reduced in amount until
released by the city council. (Ord. 4A-78 (part): prior code § 30-41(g)(3))
The subdivider may place title to the subdivided
property
in trust with a third party escrow
agency or trust company authorized and licensed to do business in the state. The trust shall
include an agreement between the trustee and the city that title to any lot or parcel within the
subdivision shall not be transferred until all improvements required by these regulations have
been installed and accepted by the city, on any particular lot or parcel, with written approval for
release to the escrow agency or trust company holding the property in trust. The agreement shall
contain special conditions providing for authorization of the city to abandon and resubdivide the
property should the required improvements fail to be installed in compliance with city standard
specifications. (Ord. 4A-78 (part): prior code § 30-41(g)(4))
The council may adopt any combination of the
foregoing requirements
that will insure the
completion of the improvements incident to the proposed subdivision. (Ord. 4A-78 (part): prior
code § 30-41(g)(5))
The improvement guarantee shall be submitted
to the city
attorney for approval by the city
council prior to the signing of the plat by the mayor, regardless of which method of guarantee is
selected. (Ord. 4A-78 (part): prior code § 30-41(h))
The City Council shall provide for inspection of
required
improvements during construction and insure their satisfactory completion. The applicant shall pay the
City inspection fees as may henceforth be established by resolution of the City Council as per Title 1 of
this code. These fees shall be due and payable upon application for permit to construct the various
types
of improvements. If the City Engineer finds upon inspection that any of the required improvements have
not been constructed in accordance with the City's construction standards and specifications, the
applicant
shall be responsible for correcting the improvements. Whenever the cost of improvements is covered
by a
performance bond, the applicant and the bonding company shall be severely and jointly liable for
completing the improvements according to specifications.(Ord. 4A-78 (part): prior code §
30-43(a))
(Ord. 08a-2008, Amended, 08/19/2008; Ord. 11-2007, Amended,
11/06/2007)
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A. Upon
completion of the public improvements,
the subdivider shall file with the city
council an agreement dedicating the improvements to the city together with a statement
stipulating the following:
1. That the
subdivider knows of no
defects from any cause in the improvements; and
2. That the
improvements are free
and clear of any encumbrance or lien.
B. Upon request by
the subdivider, the director of planning shall, after making final inspection, file with the city council a
statement either certifying that the improvements have been completed and are in compliance with
appropriate specifications and requirements or listing the defects and deficiencies in the
improvements.
C. If the city
engineer has certified
that the contracted improvements are complete and free
from defect, then upon receipt of the other statements and agreements detailed in this section, the
city council shall accept the dedication of those improvements. The city council may accept the
dedication of any portion of the required improvements; provided, that all statements and
agreements specified in this section have been received for the portion of the
improvements.
D. Reduction of
Improvement Guarantee.
An improvement guarantee shall be reduced upon
actual dedication of public improvements and then only to the ratio that the public improvements
dedicated bear to the total public improvements for the plat. In no event shall a performance bond
be reduced below twenty-five percent of the principal amount. (Ord. 4A-78 (part): prior code
§
30-43(b))(Ord. 11-2007, Amended, 11/06/2007)
The applicant shall be required to maintain all
public improvements
within the subdivision and
provide for snow removal on streets and sidewalks if required, until initial acceptance of the
improvements by the city council. If there are any certificates of occupancy on a street not
dedicated to the city, the city may, on twelve hours' notice, plow the street or effect emergency
repairs and charge same to the applicant. (Ord. 4A-78 (part): prior code § 30-44)
A. The planning
commission may defer
or waive at the time of final approval, subject to
appropriate conditions, the provision of any or all such improvements as, in its judgment, are not
requisite in the interests of the public health, safety and general welfare, or which are
inappropriate because of inadequacy or lack of connecting facilities.
B. Whenever it is
deemed necessary
by the planning commission to defer the construction of
any improvement required in this chapter because of incompatible grades, future planning,
inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay his share
of the costs of the future improvements to the city prior to the signing of the final subdivision
plat, or the applicant may post a bond insuring completion of the improvements upon demand of
the city council. (Ord. 4A-78 (part): prior code § 30-45)
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A. No certificate of
occupancy for
any building in the subdivision shall be issued prior to the
completions of the improvements and dedication of same to the city as required in the final
subdivision plat approval except that, in the event of winter freeze occurring prior to the
placement of asphalt pavement on the adjacent street surface, a certificate of occupancy may be
issued, provided the city engineer has certified that the following improvements, serving the
subject property, have been completed and accepted:
1. Sewage
collection system;
2. Water
distribution system;
3. Storm drainage
facilities;
4. Curbs, gutters
and sidewalks;
5. Fire
hydrants;
6. Final street and
lot grading;
7. Aggregate base
course for asphalt
pavement together with asphaltic prime coat.
B. The extent of
street improvement
shall be adequate for vehicular access by the
prospective occupant and by police and fire equipment, prior to the issuance of an occupancy
permit.
C. No building
permit shall be issued
for the final ten percent of lots in a subdivision, or if
ten percent is less than two, for the final two lots of a subdivision, until all public improvements
required by the planning commission for the plat have been fully completed and dedicated to the
city. (Ord. 4A-78 (part): prior code § 30-46)
A. No building
permit or certificate
of occupancy shall be granted or issued if a developer or
his authorized agent have violated any federal, state or local law pertaining to consumer
protection of real estate land sales, promotion or practices, or any applicable conflicts of interest
legislation with respect to the lot or parcel of land which is the subject of the permit or
certificate, until so ordered by a court of competent jurisdiction.
B. With respect to
the lot or parcel
of land, in the event a building permit or certificate of
occupancy has been granted or issued, it shall be subject to revocation by the city until so
ordered otherwise by a court of competent jurisdiction provided that in no event shall the rights
of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by
any such revocation.
C. Any violation of
a federal, state
or local consumer protection law (including but not
limited to: Postal Reorganization Act of 1970; Interstate Land Sales Full Disclosure Act; the
Truth in Lending Act; and the Uniform Commercial Credit Code) or conflicts of interest statute,
law or ordinance shall be deemed a violation of these regulations and subject to all of the
penalties and proceedings as set forth in Chapter 1.08. (Ord. 4A-78 (part): prior code §
30-47)
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Chapter 18.24
Sections:
Section 18.24.010 Rules and regulations
compliance.
In addition to the requirements established in
this title,
all subdivision plats shall comply with
the following laws, rules and regulations:
A. All applicable
statutory provisions;
B. The city zoning
ordinance, building
and housing codes and other applicable laws of the
city;
C. The official
master plan, official
map, public utilities plan, and capital improvements
program of the city, including all streets, drainage systems, and parks shown on the official map
or master plan as adopted;
D. The special
requirements of these
regulations and any rules of the health department
and/or appropriate agencies;
E. The rules of the
State Highway
Department if the subdivision or any lot contained therein
abuts a state highway or connecting street;
F. The standards
and regulations adopted by the city council and all boards, commissions, agencies and officials of the
city; and
G. Plat approval
may be withheld if
a subdivision is not in conformity with the above guides
or policy and purposes of these regulations. (Ord. 4A-78 (part): prior code §
30-58(a))(Ord. 11-2007, Amended, 11/06/2007)
If the owner places restrictions on any of the
land contained
in the subdivision, greater than
those required by the zoning ordinance or these regulations, such restrictions, or reference
thereto, may be required to be indicated on the subdivision plat; or, the planning commission
may require that restrictive covenants be recorded with the county clerk in a form to be approved
by the city attorney. (Ord. 4A-78 (part): prior code § 30-58(b))
Whenever access to the subdivision is required
across land in another government entity, the planning commission may request assurance from the city
engineer that the access road is adequately improved, or that a performance bond has been duly
executed and is sufficient in amount to assure the construction of the access road. In general, lot lines
should be laid out so as not to cross city boundary lines. (Ord. 4A-78 (part): prior code §
30-58(c))(Ord. 11-2007, Amended, 11/06/2007)
The applicant shall place permanent reference
monuments in the subdivision as required by city specifications. (Ord. 4A-78 (part): prior code §
30-58(d))(Ord. 11-2007, Amended, 11/06/2007)
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Land which the planning commission finds to be
unsuitable
for subdivision or development
due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or
topography, utility easements or other features which will reasonably be harmful to the safety,
health and general welfare of the present or future inhabitants of the subdivision or its
surrounding areas, shall not be subdivided or developed unless adequate methods are formulated
by the developer and approved by the planning commission, upon recommendation of the city
engineer, to solve the problems created by the unsuitable land conditions. The land shall be set
aside for uses as shall not involve such a danger. (Ord. 4A-78 (part): prior code §
30-58(e))
The proposed name of the subdivision shall not
duplicate,
or too closely approximate
phonetically, the name of any other subdivision in the area to designate the name of the
subdivision. (Ord. 4A-78 (part): prior code § 30-58(f))
The lot arrangement shall be such that there will
be no foreseeable
difficulties, for reasons of
topography or other conditions, in securing building permits to build on all lots in compliance
with the zoning ordinance and health regulations and in providing driveway access to buildings
on the lots from an approved street. (Ord. 4A-78 (part): prior code § 30-59(a))
Lot dimensions shall comply with the minimum
standards of
the zoning ordinance. Where lots
are more than double the minimum required area for the zoning district, the planning commission
may require that the lots be arranged so as to allow further subdivision and the opening of future
streets where they should be necessary to serve such potential lots, all in compliance with the
zoning ordinance and these regulations. In general, side lot lines shall be at right angles to street
lines (or radial to curve street lines) unless a variation from this rule will give a better street
or lot
plan. Depth and width of properties shall be adequate to provide for the off-street parking and
loading facilities required for the type of use and development contemplated, as established in
the zoning ordinance. (Ord. 4A-78 (part): prior code § 30-59(b))
A. Through Lots.
Through lots shall
be avoided except where necessary to provide
separation to residential development from traffic arterials or to overcome specific disadvantages
of topography and orientation.
B. Access from
Major Secondary Arterials.
Single-family residential lots shall not, in
general, derive access exclusively from a major street. (Ord. 4A-78 (part): prior code §
30-59(c))
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A. The arrangement
of streets, in
new subdivisions, shall make provision for the
continuation of the existing streets in adjoining areas (or their proper protection where adjoining
land is not subdivided) insofar as such may be deemed necessary by the planning commission for
public requirements. The street arrangement must be such as to cause no unnecessary hardship to
owners of adjoining property when they plat their own land and seek to provide for convenient
access to it.
B. Minor streets
shall approach the
major or collector streets at an angle of not less than
eighty degrees. (Ord. 4A-78 (part): prior code § 30-60)
Streets, in general, shall be dedicated to the city
as public
streets. (Ord. 4A-78 (part): prior
code § 30-61(a))
Major streets shall conform to the width
designated on the
master street plan wherever a
subdivision falls in an area for which a master street plan has been adopted. For territory where
the street plan has not been completed at the time the preliminary plan is submitted to the
planning commission, major streets shall be provided as required by the planning commission,
based upon recommendations from the city engineer. (Ord. 4A-78 (part): prior code §
30-61(b))
All streets and thoroughfares shall be platted
according
to the following minimum standards
except where it can be shown by the subdivider, to the satisfaction of the commission, that the
topography or the small number of lots served and the probable future traffic development are
such as to justify a narrower width. Increased widths may be required where streets are to serve
commercial or industrial property or where probable traffic conditions warrant.
| Classification | R/W Width ( feet ) | Back of Curb ( feet ) |
| Major collector streets | 80 | 52 |
| Minor collector streets | 66 | 46 |
Local streets, commercial and industrial areas | 66 | 46 |
| Local streets, high and low density residential areas | 60 | 40 |
| Alleys | 20 | |
(Ord. 4A-78 (part): prior code § 30-61(c))
(01-2008, Amended, 01/16/2008)
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A. Minor terminal
streets (cul-de-sacs)
shall be no longer than five hundred feet measured
from the center of the turnaround to the centerline of the first intersecting street which is not a
cul-de-sac. The right-of-way line of a cul-de-sac turnaround shall have a radius of not less than
forty-seven feet, and shall be connected to the normal street right-of-way line by a reverse curve
having a radius of seventy-five feet. If surface water drainage is into the turnaround, due to the
grade of the street, necessary catchbasins and drainage easements shall be provided.
B. Where a street is
designed to remain
only temporarily as a dead-end street, an adequate
temporary turning area shall be provided at the dead-end thereof to remain and be available for
public use so long as the dead-end conditions exist. (Ord. 4A-78 (part): prior code §
30-61(d))
Marginal access streets of not less than forty feet
in width
shall be required paralleling all
major streets, unless the subdivision is so designed that lots back onto such major streets. (Ord.
4A-78 (part): prior code § 30-61(e))
Half streets proposed along a subdivision
boundary or within
any part of a subdivision shall
not be approved, except in cases of required partial dedication of major streets according to an
adopted master street plan. (Ord. 4A-78 (part): prior code § 30-61(f))
All proposed streets, whether public or private,
shall conform
to the city street cross-section
standards as recommended by the city engineer and adopted by the city council. (Ord. 4A-78
(part): prior code § 30-61(g))
The minimum centerline radius at street curves
shall be as
follows:
Classification Radius
Major
streets 800
feet
Collector
streets 400
feet
Local
streets 150
feet
(Ord. 4A-78 (part): prior code § 30-61(h))
The following minimum radii will apply at
street intersections
for property lines:
Classification
Property Line Radius
Local street to local
street 15
feet
Local street to collector
street 15
feet
Collector street to collector street 15 feet
Collector street to major
street 20
feet
Major street to major
street 25
feet
(Ord. 4A-78 (part): prior code § 30-61(i))
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The right-of-way lines of alley intersections
shall be connected
with a radius of not less than
twenty feet. Dead-end alleys shall not be approved. (Ord. 4A-78 (part): prior code §
30-61(j))
Where subdivision streets parallel contiguous
property of
other owners, the subdivider may
retain a protection strip of not less than one foot in width between the street and adjacent
property; provided, that an agreement with the city and approved by the city attorney has been
made by the subdivider, contracting to dedicate the one foot or larger protection strip free of
charge to the city for street purposes upon payment by the then owners of the contiguous
property to the subdivider of a consideration named in the agreement, such consideration to be
equal to the fair cost of the street improvements properly chargeable to the street at the time of
the agreement. (Ord. 4A-78 (part): prior code § 30-61(k))
A. The maximum
length of blocks, generally,
shall be one thousand three hundred feet and
the minimum length of blocks shall be five hundred feet. Blocks over eight hundred feet in length
may, at the discretion of the planning commission, be provided with a dedicated walkway
through the block at approximately the center of the block. Such walkways shall be not less than
ten feet in width.
B. The width of
blocks shall be sufficient
to allow two tiers of lots or as otherwise approved
by the planning commission because of design, terrain or other unusual conditions.
C. Blocks intended
for business or
industrial use shall be designed specifically for such
purposes with adequate space set aside for off-street parking and delivery facilities. (Ord. 4A-78
(part): prior code § 30-62)
The owner of any land to be platted as a
subdivision shall, at his own expense, install the following improvements, according to the specifications
and under the inspection of the city:
A. Water
distribution system including
laterals to the property line of each lot;
B. Sewage disposal
system including
laterals to the property line of each lot;
C. Drainage
structures, storm sewers
and other drainage facilities;
D. Concrete curbs,
gutters and sidewalks;
E. Asphalt paved
streets and alleys;
F. Fire
hydrants;
G. Street name
signs;
H. Fencing where
required;
I. Other
improvements as may be required
by the planning commission. (Ord. 4A-78 (part):
prior code § 30-63)(Ord. 11-2007, Amended, 11/06/2007)
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A. The subdivider
shall, at his own
expense, cause the installation of the following public
utilities to be made available to each lot and parcel within the subdivision:
1. Electrical
distribution system
including electrical lines for street lights;
2. Telephone
communication system;
3. Gas distribution
system;
4. Cable television
system.
B. All public
utilities, including
services, shall be installed underground except that
electrical distribution systems may be installed on overhead utility poles in certain cases of
industrial and commercial developments. (Ord. 4A-78 (part): prior code § 30-64)
A. Where it is determined that land is
required for school
sites, the administrative official to
the planning commission, after so apprising the school district, shall so advise the subdivider of
the school site requirements and they shall be incorporated on the preliminary plat prior to its
consideration by the planning commission.
B. The subdivider, at the time of filing
the final plat
with the planning commission, must
offer to sell at a fair market price to the school district, within one year immediately following
the recording of the final plat, any land so designated for school sites.
C. If any such proposed school sites
have not been purchased
by the school district within
one year after the recording of the final plat, such areas may be subdivided into lots and blocks in
accordance with the requirements of this title. (Ord. 4A-78 (part): prior code §
30-65)
All residential subdivisions shall provide for
public parks
and recreational sites by dedication
of land in accordance with these regulations. Subject to the approval of the planning commission,
dedication of such sites and land areas to the city or at the option of the city and in lieu thereof,
the subdividers may make a payment to the city of a sum of money equal to the value of the land
which would otherwise be dedicated to the city. The value of the land to be dedicated shall be
determined by the city council no later than January 30th of each calendar year. Any such sums,
when required, shall be held by the city for the acquisition and improvement of such sites and
land areas. Provision of land areas for parks and recreational sites shall be at the rate of six acres
per one thousand persons in the subdivision. Dedication of such sites and land areas shall be
made at the time of final platting in one or any combination of the following ways:
A. By dedicating to
the city on the
final plat;
B. By granting the
land areas in fee
simple or general warranty deed to the city. (Ord. 2A-84
§ 2 (part))
Any land to be dedicated as a requirement of
Sections 18.24.260
through 18.24.310 shall be
reasonably adaptable for use of active park and recreational purposes and shall be at a location
convenient to the people to be served. Factors used in evaluating the adequacy of the proposed
park and recreation areas shall include size and shape, topography, geology, tree cover, access
and location. (Ord. 2A-84 §2 (part))
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The number of persons that is generated by
particular land
uses or zone districts within a
subdivision for purposes of calculating the amount of land area provision for parks and
recreation areas shall be based on the following calculations:
| Type of Use | Persons per Dwelling
Unit |
| Single-family dwellings | 4.0 |
| Apartments, duplexes and all dwelling units having two bedrooms | 3.2 |
| All dwelling units having one bedroom, including apartments, condominiums,
etc. | 2.5 |
| Dwelling units for the aged, nursing homes, buffet-type apartment units with no
bedrooms, etc. | 1.5 |
| Bunkhouses, dormitories, etc., per bedroom, etc. | 1.0 |
| Mobile homes | 4.0 |
| (Ord. 2A-84 § 2 (part)) |
Where it is determined that a greater amount of
land is required
for parks and open spaces to
meet the master plan requirements for that area of the city, or where it is determined that land is
required for any other type of public facilities, the subdivider, at the time of filing the final plat
with the planning commission, must offer to sell at a fair market price to the city, within one year
immediately following the recording of the final plat, any land required to be dedicated in
accordance with Section 18.24.260. If any such proposed public areas have not been purchased
by the city within one year after the recording of the final plat, the areas may be subdivided into
lots and blocks in accordance with the requirements of this title. (Ord. 2A-84 § 2
(part))
Payments made under the requirements of this
section shall
be made payable to the city. The
city council shall receive such funds at the time of issuance of each building permit and deposit
them with the city treasurer, who shall in turn deposit the funds in the city approved and
designated financial institution within the city. The funds shall be deposited to special interest
bearing escrow accounts. The status of these accounts shall be reported annually to the city
council and shall be made available to the parks and recreation board and the general public.
Funds may be withdrawn from the special escrow accounts by the city council for the specific
purposes of acquiring lands for park and recreation sites respectively and of making
improvements to the sites. (Ord. 2A-84 § 2 (part))
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Chapter 18.28
Sections:
Section 18.28.010 Preliminary plat.
The preliminary plat shall be a neat and legible drawing of one or
more sheets
measuring
twenty-four inches by thirty-six inches. The scale of the map shall not be more than one hundred
feet per inch. The following items shall be included on the preliminary
plat:
A. Name of subdivision, date, label
"Preliminary
Plat," scale and north arrow;
B. Name, address and phone number
of property owner and
subdivider, if other than owner;
C. Name, address and phone number
of person or firm responsible
for preparation of the
plan;
D. Names of adjacent subdivisions
and streets;
E. Boundaries of the tract will be
drawn to scale showing
all bearings and distances to the
nearest one-hundredth foot;
F. The plat shall show all physical
features such as
streams, wooded areas, fences and
existing structures;
G. Ground contours at two-foot
intervals for predominate
ground slopes within the tract
between level and five percent grade and five-foot contours for predominate ground slopes
within the tract over five percent grade. Contours shall be accurate to within one-half contour
and elevations shall be based on Coast and Geodetic Survey sea level data. Assumed data shall
not be permitted. U.S.G.S. quad maps shall not be accepted as evidence for topographical
contours. Topographic contours on all preliminary plats shall correctly depict land
contours;
H. Locations, dimensions and names
of existing streets,
railroads, easements, municipal
boundaries, or other public properties and significant features shall be shown within and adjacent
to the plat;
I. Any proposed public
areas;
J. A vicinity map at an appropriate
scale shall be drawn
on or shall accompany the
preliminary plat. It shall show the street and tract lines of all abutting subdivisions, proposed
streets and the outline of acreage parcels of land, within at least one-half mile of the boundary of
the proposed tract together with the names and/or numbers of all tracts between it and the nearest
existing highways or thoroughfares. It may also be required to show the proposed land use,
highways or thoroughfares. It may also be required to show the proposed land use and suggested
street layout in any adjoining property under the same ownership;
K. Location and right-of-way widths of
proposed streets,
alleys and utility easements laid out
according to sound planning principles;
L. Radii of streets and points of
curvature;
M. Layout of proposed parcels of land
including approximate
dimensions of lot lines, lot
numbers and building setback lines;
N. Street
names;
O. A statement of the present zoning
and proposed use
or uses of the property, as well as
proposed zoning classifications;
P. The approximate boundaries of
areas as determined
by a qualified drainage engineer,
subject to inundation or storm water overflows from a one-hundred-year storm, and the location,
width and direction of flow of all watercourses, lakes, marshy areas and
swamps;
Q. Additional notations and
information as may be required.
(Ord. 4A-78 (part): prior code §
67)
The final plat shall be accurately and legibly
prepared in
black waterproof ink upon one or
more sheets of polyester film measuring twenty-four inches by thirty-six inches. A marginal line
shall be drawn completely around each sheet leaving an entirely blank margin of two inches on
the left side and one-half inch on all other sides. All signatures shall be in black waterproof ink.
The scale of the map shall be not more than one hundred feet per inch. The particular number of
the sheet and the total number of sheets and the relations of each adjoining sheet shall be clearly
shown by a small key map on each sheet. The items set forth in Sections 18.28.030 through
18.28.150 shall be included on the final plat. (Ord. 4A-78 (part): prior code § 68
(part))
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The title of each sheet of the final plat shall
consist of
the approved name of the subdivision
conspicuously placed on the sheet. A subtitle in smaller lettering shall indicate the quarter
section, township and range in which the subdivision is located and/or a statement that the
subdivision is a resubdivision of a specifically named subdivision. Plats filed for the purpose of
showing as acreage land previously subdivided into parcels or lots or blocks shall be designated
with an appropriate approved title. (Ord. 4A-78 (part): prior code § 68(l))
An accurate and complete boundary survey shall
be made of
the land to be subdivided. A
traverse of the exterior boundaries of the tract, and of each block, when computed from field
measurements on the ground, but close within a limit of one foot to ten thousand feet in
perimeter. The boundary of the subdivision shall be clearly indicated on the final plat. All lines
shown on the plat which do not constitute a part of the subdivision shall be dashed. Any area
enclosed by the subdivision, but not a part thereof, shall be labeled "NOT A PART OF
THIS
SUBDIVISION." (Ord. 4A-78 (part): prior code § 68(2))
The final plat shall show all survey and
mathematical information
and data necessary to locate
all monuments and to locate and retrace any and all interior and exterior boundary lines
appearing thereon, including bearings and distances of straight lines, and radii, lengths, tangent
distances and deflection for all circular curves. Where, under unusual circumstances, curves
other than circular are used, the final plat must indicate type of curve and pertinent data. (Ord.
4A-78 (part): prior code § 68(3))
All lots and parcels offered for dedication for
any purpose
shall be particularly delineated and
designated with all dimensions, boundaries and courses clearly shown and defined in every case.
Parcels offered for dedication other than for streets or easements shall be designated by letter or
number. Sufficient linear, angular and curve data shall be shown to determine readily the bearing
and length of the boundary lines of every lot and parcel which is a part thereof. All lots and,
wherever practicable, larger parcels in their entirety shall be shown on one sheet. Ditto marks
shall not be used for lot dimensions. All lots shall be numbered systematically. The area of each
lot and parcel one-half acre or larger shall be shown with an accuracy of 1:100. (Ord. 4A-78
(part): prior code § 68(4))
The plat shall show the right-of-way lines and
monument lines
of each street, and the width of
any portion being dedicated, and widths of any existing dedications. The widths and locations of
adjacent streets, lots and other properties within fifty feet of the subdivision shall be shown. If
any street in the subdivision is a continuation or approximately a continuation of an existing
street, the conformity or the amount of nonconformity of the street to the existing streets shall be
accurately shown. Whenever the centerline of a street has been established or recorded, the date
shall be shown on the final plat. (Ord. 4A-78 (part): prior code § 68(5))
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The side lines of all easements shall be shown
by fine dashed
lines. If any easement already of
record cannot be definitely located, a statement of the existence, the nature thereof, and its
recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots
which are cut by an easement must be arrowed or so shown that the plat will indicate clearly the
actual length of the lot lines. The widths of all easements and sufficient ties thereto to definitely
locate the same with respect to the subdivision must be shown. All easements must be clearly
labeled and identified. If an easement shown on the plat is already of record, its recorded
reference must be given. If an easement is being dedicated by the plat, it shall be set out in the
owner's certificate of dedication and dedicated to the appropriate grantee. (Ord. 4A-78 (part):
prior code § 68(6))
The plat shall show by a fine continuous line the
line of
high water of a one-hundred-year
flood. In case the subdivision is adjacent to or contains any stream, channel, marshlands, swamps
or any body of water, the plat shall also show any such area by a fine continuous line. No
permanent structure shall be constructed within such lines.
(Ord. 4A-78 (part) prior code § 68(7))(Ord. 11-2007, Amended, 11/06/2007)
The final plat shall show fully and describe clearly what
stakes, monuments and/or other evidence were used to determine the boundaries of the legal
description of the subdivision, where found on the ground. The final plat shall also show fully and clearly
each adjacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract
names or number, and place of record; or by section, township or range; or by other proper
designation. The following required monuments shall be shown on the final plat:
A. The location of
all monuments placed in making the survey and if any points were reset by ties, that information shall be
stated. The external boundaries of all subdivisions shall, prior to
the recording of any plat thereof, be monumented on the ground by reasonably permanent monuments
solidly embedded in the ground. Affixed securely to the top of each such monument established shall be
the Wyoming registration number of the land surveyor responsible for the establishment of the
monument. These monuments shall be set at all angle points, and at the beginning, end and points of
change of direction or change of radius of any curved boundaries. Monuments may be set after
acceptance of the final plat by the city council, only under conditions recommended by the city.
B. Concrete and metal
monuments of a type approved by the city shall be placed at intersections of street centerlines and at
other points on street centerlines or monument lines as the city requires.
C. To insure
accurate resurveys and future adjacent platting, ties to at least two section corners and/or quarter
section corners shall be shown on the final plat. (Ord. 4A-78 (part): prior
code § 68(8))(Ord. 11-2007, Amended, 11/06/2007)
The final plat shall contain a certificate signed
and acknowledged
by all parties having any
record title interest in the land subdivided, consenting to the preparation and recording of the
plat; provided, however, that the signatures of parties owning the following types of interests
may be omitted if their names and the nature of their interests are set forth on the plat:
A. Right-of-way,
easements or reversions,
which by reason of changed conditions, long
disuse or laches appear to be no longer of potential use or value and which signature it is
impossible or impractical to obtain. In this case, a reasonable statement of the circumstances
preventing the procurement of the signature shall also be endorsed on the plat. (Ord. 4A-78
(part): prior code § 68(9))
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A certificate, signed and acknowledged as set
out in Section
18.28.110, offering for dedication
all parcels of land shown on the final plat and intended for any public dedication, except those
parcels other than streets which are intended for the exclusive use of the lot owners in the
subdivision, their licensees, visitors, tenants and servants. (Ord. 4A-78 (part): prior code §
68(10))
A certificate shall be signed by a registered land
surveyor
in the state, stating that he is
responsible for the survey and that the final plat accurately depicts the subdivision or
development and the survey. A statement by the land surveyor explaining how bearings were
determined shall be included on the plat. The signature of the surveyor shall be accompanied by
his registration number. (Ord. 4A-78 (part): prior code § 68(11))
The title sheet shall contain such other
affidavits, certificates,
acknowledgements,
endorsements and notarial seals as are required by law and by these regulations. (Ord. 4A-78 .
(part): prior code 568(12))
The title sheet shall contain a vicinity map
drawn to an
appropriate scale showing the
following features surrounding the subdivision for a distance of at least one-half mile from all
sides of the subdivision:
A. Outlines of all
recorded plats
with names, recorded dates and recorded book and page;
B. Major streets
and highways with
names;
C. Important
watercourses;
D. City limits line,
if appropriate,
and boundary lines of public or quasi-public lands;
E. Unsubdivided
areas;
F. Scale and north
arrow. (Ord. 4A-78
(part): prior code § 68(13))
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The preliminary water and sewer plan shall be a
neat and
legible drawing of one or more
sheets. The scale of the map shall be not more than one hundred feet per inch and may be
prepared on a reproducible copy of the preliminary plat. The following items shall be included on
the preliminary water and sewer plan:
A. Name of
subdivision, date, label
"Preliminary Water and Sewer Plan," scale and north
arrow;
B. Name, address
and phone number
of engineer or firm responsible for preparation of the
plan;
C. Boundaries of
the tract will be
drawn to scale;
D. The plat shall
show all physical
features such as streams, wooded areas, fences and
existing structures;
E. The contours at
two-foot intervals
for predominate ground slopes within the tract between
level and five percent grade and five-foot contours for predominate ground slopes within the tract
over five percent grade. Contours shall be accurate to within one-half contour and elevations
shall be based on Coast and Geodetic Survey sea level data. Assumed data shall not be permitted.
U.S.G.S. quad maps shall not be accepted as evidence for topographic contours. Topographic
contours on all preliminary water and sewer plans shall correctly depict land contours;
F. Locations,
dimensions and names
of existing railroads, easements, municipal boundaries
or other public properties and significant features shall be shown within and adjacent to the
plat;
G. Location and
right-of-way widths
of existing and proposed streets, alleys and utility
easements;
H. Radii of streets
and point of curvature;
I. Layout of
proposed parcels of land
including approximate dimensions of lot lines and lot
numbers;
J. Alignment of
proposed sanitary
sewage collection system together with any outfall sewers.
Manhole locations shall be shown with approximate invert and rim elevations indicated. The
diameter, approximate length of approximate slope of each sewer main shall be indicated;
K. Alignment of
proposed water distribution
system together with any extensions of existing
water mains necessary to provide an adequate water supply to the subdivision. Pipe diameters
shall be indicated as well as the locations of proposed water valves;
L. Locations of
proposed fire hydrants
as provided in the then existing city code;
M. Additional
notations and information
as may be required. (Ord. 4A-78 (part): prior code
§ 69)
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A. The preliminary
drainage plan shall
be a neat and legible drawing of one or more sheets.
The scale of the map shall be not more than one hundred feet per inch and may be prepared on a
reproducible copy of the preliminary plat. The following items shall be included on the
preliminary drainage plan:
1. Name of
subdivision, date, label
"Preliminary Drainage Plan," scale and north arrow;
2. Name, address
and phone number
of engineer or firm responsible for preparation of the
plan;
3. The plan shall
show all physical
features such as streams, wooded areas, fences and
existing structures;
4. The contours at
two-foot intervals
for predominate ground slopes within the tract between
level and five percent grade and five-foot contours for predominate ground slopes within the tract
over five percent grade. Contours shall be accurate to within one-half contour and elevations
shall be based on Coast and Geodetic Survey sea level data. Assumed data shall not be permitted.
U.S.G.S. quad maps shall not be accepted as evidence for topographic contours. Topographic
contours on all preliminary drainage plans shall correctly depict land contours;
5. Locations,
dimensions and name
of existing streets, railroads, easements, municipal
boundaries or other public properties and significant features shall be shown within and adjacent
to the plat;
6. Location and
right-of-way widths
of existing and proposed streets, alleys and utility
easements laid out according to sound planning principles;
7. Any proposed
public areas;
8. Layout of
proposed parcels of land
including approximate dimensions of lot lines and lot
numbers;
9. The approximate
boundaries of areas
as determined by a qualified drainage engineer,
subject to inundations or storm water overflows from a one-hundred-year storm, and the location,
width and direction of flow of all watercourses, lakes, marshy areas and swamps;
10. Approximate
grades of streets;
11. Existing
drainage facilities and
structures, including existing roadside ditches,
drainageways, gutter flow directions, culverts, etc. All pertinent information such as size, shape,
slope, location, etc., shall also be included to facilitate review and approval of the drainage
plans;
12. Overall
drainage area boundary
and drainage subarea boundaries;
13. Proposed type
of curb and gutter
and gutter flow directions, including cross gutters;
14. Proposed
piping and open drainageways,
including proposed inlets, manholes, culverts
and other appurtenances;
15. Proposed
outfall point for runoff
from the study area;
16. Routing and
accumulative flows
at various critical points for the major storm runoff;
17. Critical
minimum finished flood
elevations for protection from major storm runoff.
B. A written
preliminary drainage
study and report on eight and one-half by eleven inch size
paper shall be submitted along with drainage plan. The information listed below, if not shown on
the drawings, shall be included in the report:
1. Runoff
calculations and method
of analysis for both the initial storm and major storm,
submitted in tabular form;
2. Open channel
flow calculations;
3. Storm sewer and
storm inlet flow
calculations for initial storm runoff and major storm
runoff;
4. Street capacities
and flow calculations
at critical street sections for initial storm runoff and
major storm runoff;
5. Summation of all
design variables
used and design assumptions made;
6. Soil
classification reports and
depth of underground water table throughout the study area;
7. The boundary
and designation of
all tributary drainage areas and the area of each in acres;
8. The designation
and location of
each design point referred to in the calculations;
9. The reference
source and a copy
of all other monographs or design aids used in the
calculations if they are not included in the city's specifications. (Ord. 4A-78 (part): prior code
§
70)
The final drainage study and report shall be
prepared for
submittal to the city engineer at the
time when improvement plans are submitted for review. The study and report shall provide the
same items specified for the preliminary drainage plan except that all calculations, maps and
charts shall reflect the final design for all improvements. (Ord. 4A-78 (part): prior code §
71)
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Chapter 18.32
Sections:
18.32.010 Grounds required.
18.32.020 Conditions.
18.32.030 Petition.
Section 18.32.010 Grounds required.
Where the planning commission finds that
extraordinary hardships
or practical difficulties may
result from strict compliance with these regulations or the purposes of these regulations may be
served to a greater extent by an alternative proposal, it may approve variances to these
subdivision regulations so that substantial justice may be done and the public interest secured, if
the variance does not have the effect of nullifying the intent and purpose of these regulations.
The planning commission shall not approve variances unless it finds, based upon the evidence
presented to it in each specific case, that:
A. The granting of
the variance will
not be detrimental to the public safety, health or welfare
or injurious to other property; or
B. The conditions
upon which the request
for a variance is based are unique to the property
for which the variance is sought and are not applicable generally to other property; or
C. Because of the
particular physical
surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict letter of these regulations is carried out; or
D. The variance
will not in any manner
vary the provisions of the zoning ordinance, master
plan or official map. (Ord. 4A-78 (part): prior code § 30-13(a))
Section 18.32.020 Conditions.
In approving variances, the planning
commission may require
such conditions as will, in its
judgment, secure substantially the objective of the standards or requirements of these regulations.
(Ord. 4A-78 (part): prior code § 30-13(b))
Section 18.32.030 Petition.
A petition for any such variance shall be
submitted in writing
by the subdivider at the time
when the preliminary plat is filed for the consideration of the planning commission. The petition
shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 4A-78 (part): prior code § 30-13(c))
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Chapter 18.36
Sections:
18.36.010 Enforcement.
18.36.020 Penalty for violation.
18.36.030 Civil enforcement.
Section 18.36.010 Enforcement.
A. The
administrative official to
the planning commission shall enforce these regulations and
bring to the attention of the city attorney any violations or lack of compliance herewith.
B. No owner, or
agent of the owner,
of any parcel of land located in a proposed subdivision
shall transfer or sell any such parcel before a plat of the subdivision has been approved by the
city council, in accordance with the provisions of these regulations. (Ord. 4A-78 (part): prior
code § 30-15(a))
Section 18.36.020 Penalty for violation.
Sections 15-1-611 and 15-1-612 of the
Wyoming Statutes annotated,
(1977) provide the
penalty for violators of the city planning and subdivision laws and regulations. (Ord. 4A-78
(part): prior code § 30-15(b))
Section 18.36.030 Civil enforcement.
Appropriate actions and proceedings may be
taken by law or
in equity to prevent any violation
of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or
abate a violation, to prevent illegal occupancy of a building, structure or premises, and these
remedies shall be in addition to the penalties described in this chapter. (Ord. 4A-78 (part): prior
code § 30-15(c))
Chapter Index
Section Index