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)

    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)

    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)

    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))

    "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))

    "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))

    "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))

    "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))

    "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))

    "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))

    "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))

    "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))

    "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))

    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. (Ord. 4A-78 (part): prior code § 30-27(a))

    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)

    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))

    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;

    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))

    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))

    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)

    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))

    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))

    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 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. These fees shall be due and payable upon application for permit to construct the various types of improvements. If the city 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. 11-2007, Amended, 11/06/2007)

    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)

    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)

    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)

    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))

    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.