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 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))