CITY OF LANDER SUBDIVISION RULES AND REGULATIONS

Transcription

1 CITY OF LANDER SUBDIVISION RULES AND REGULATIONS

2 Revised: MARCH 25,2003 TABLE OF CONTENTS CITY OF LANDER SUBDIVISION AND LAND USE REGULATIONS SECTION 1: AUTHORITY...1 PSECTION 2: SHORT TITLE...1 SECTION 3: PURPOSE...1 SECTION 4: APPLICATION AND EXEMPTIONS...1 a. Application...1 b. Exemptions...2 SECTION 5: ADMINISTRATION AND ENFORCEMENT...4 a. Administration...4 b. Appeals c. Variances...12 d. Vacations...13 e. Administrative Liability...14 SECTION 6: PROCEDURES AND REQUIREMENTS FOR PLATTING...14 a. Pre-Application...14 b. Preliminary Plat...15 c. Final Plat...19 d. Minor Plat...27 e. Corrected Plats and Resubdivisions...27 f. Planned Unit Development(PUD)...28 SECTION 7: DEDICATION OF PUBLIC LANDS AND WATER RIGHTS...41 SECTION 8: DESIGN AND ENGINEERING STANDARDS...43 a. General Standards...43 b. Roads, Streets and Alleys...44 c. Tracts, Blocks and Lots...45 (d) Mobile Home Parks...46 SECTION 9: IMPROVEMENTS...47 SECTION 10: SEVERABILITY...49 SECTION 11: LEGAL STATUS...50 SECTION 12: DEFINITIONS...50

3 SECTION 1: AUTHORITYSECTION 1 AUTHORITYSECTION 1 AUTHORITY - This resolution is adopted pursuant to and in accordance with the authority vested in the City Council of the City of Lander, by Sections through of the Municipal Code of the City of Lander. All previously existing subdivision and land use regulations for the City of Lander are hereby repealed. SECTION 2: SHORT TITLESECTION 2 SHORT TITLESECTION 2 SHORT TITLE - This Resolution shall be known, cited and referred to as the Subdivision and Land Use Regulations of the City of Lander, Wyoming. SECTION 3: PURPOSESECTION 3 PURPOSESECTION 3 PURPOSE - These regulations have been promulgated and adopted with the following purposes in mind: a. To insure orderly development in conformance with a duly adopted Comprehensive Plan. b. To protect the public health, safety and general welfare of present and future residents of the City of Lander, Wyoming. c. To establish standards and procedures for the protection of the common interests of the general public, the landowner and the subdivider. d. To protect the character and value of lands and buildings throughout the City of Lander and minimize conflicts among the uses of land and buildings. e. To provide for safe and adequate transportation systems, utilities and other public facilities. f. To establish adequate and accurate records of land subdivision. g. To encourage the use of innovative land planning and urban design techniques. SECTION 4: APPLICATION AND EXEMPTIONS a. Applicationa. Applicationa. Application: These regulations shall apply to: (1) All of the lands within the boundaries of the City of Lander, Wyoming as they shall from time to time be amended. (2) Every owner or proprietor of any tract or parcel of land who shall hereafter subdivide or resubdivide his land into more than two (2) parts. No person shall commence the physical layout or construction on the ground of a subdivision without first obtaining the approval of the City Council in the form of an approved subdivision plat.

4 (3) None of the provisions of these regulations shall be construed to require replatting in any case in which subdivision plats have been made and legally recorded pursuant to any regulations previously in force; and all plats heretofore filed for record and not subsequently vacated are hereby declared valid, not withstanding the fact that the procedures or the manner and form of acknowledgement may have been different than those prescribed by these regulations. However, if any such subdivision has never been or has partially been improved with paved streets, curb, gutter, sidewalks and proper utility lines, no building permit will be issued for those lots within such subdivision or part thereof that does not have direct access to said improvements until those public improvements have been installed according to the adopted City of Lander Engineering Standards and Specifications Manual - Most Recent Edition. The financial responsibility for installing those improvements rests with the owner(s) of record of that/those lot(s). The owner(s) that must have those public improvements installed shall make application to the City for the establishment of a Public Improvement District as provided under Chapter 15, Title 6, Wyoming State Statutes (1977), as amended, with said District being of sufficient size to encompass the entire subdivision or a portion thereof as determined by the Director of Planning. (Section 4(a)(3) amended Resolution 231 effective ) b. Exemptions (1) Unless the method of the sale of land is adopted for the purpose of evading these regulations, these regulations shall not apply to: (a) (b) (c) (d) The subdivision of land for and the sale of cemetery lots. The sale of land to the State of Wyoming, U.S. Government or any political subdivision thereof. A lot, tract, or parcel of land 35 acres or more in size. The relocation of a property line whereby the width of two adjoining lots is altered or any contiguous property under common ownership is divided so as to create not more than one (1) additional lot, tract or parcel, except that such a relocation of a property line or the division of such property into one (1) additional part shall not be made without first obtaining a certificate of compliance from the Department of Planning that such division or relocation of a property line would result in lots, parcels, or tracts which would meet all of the following requirements: (1) Minimum lot area for the zoning district in which the lots, parcels or tracts are located. 2

5 (2) Minimum lot width for the zoning district which the lots, parcels or tracts are located. (3) Minimum setbacks required for principal structures for the zoning district in which the lots, parcels or tracts are located. (4) Adequate provision can and has been made for proper installation of all utility services. (i) For purposes of obtaining such certificate of compliance, the person or entity proposing to divide such lot, parcel or tract or relocate a property line shall provide to the Director of Planning a survey by a licensed land surveyor which shows all of the following items: (1) The locations, bearings and lengths of boundary lines of the lot or lots to be divided in a heavy solid line and the proposed dividing line in a normal broken line, all referenced to section, quarter, or existing subdivision lines. (2) A description of all monuments, both found and set, which mark the boundary of the lot or lots to be divided and the proposed dividing line and a description of all control monuments used in the survey. (3) Location and existence of all easements of record, and those which would be created by the proposed division. (ii) (iii) The Director of Planning shall either issue or deny such certificate of compliance within thirty (30) days of the date that all required submissions by the applicant have been made. Any denial shall be made in writing and shall cite the reasons for such denial. Any such denial or refusal by the Director of Planning to issue such certificate of compliance may be appealed as provided in Municipal Code Section If a proposed division is approved and a certificate of compliance received, the applicant shall, after recording of the instrument, submit information showing said instrument was recorded to the Department of Planning within thirty (30) days from the date the certificate was issued. 3

6 SECTION 5: ADMINISTRATION AND ENFORCEMENT a. Administration (1) These regulations shall be administered by the City of Lander Department of Planning. (2) All plats submitted to the City Council of the City of Lander shall first have been examined by the Department of Planning and the Planning Commission in accordance with the procedures established by the City Council. As a part of their examination, the Department and the Commission may consult with other public or private agencies to determine whether or not the plat as proposed will contribute to the orderly growth and development of the City. The Department of Planning shall receive all materials required to be submitted by these regulations. Preliminary and final subdivision plats, supporting materials and the Department's recommendations thereon shall be reviewed and evaluated by the Planning Commission. After concluding its examination, the Planning Commission shall, in the case of Preliminary Plats, notify the subdivider of its decision in writing, and in the case of Final Plats communicate its findings and recommendations to the City Council in writing. The actions of the Department, the Commission and the Council shall be governed by the procedures and schedules hereinafter set forth. (3) Section 5 (a)(3) Pursuant to the provisions of Section , Wyoming Statutes, when any part of the subdivision lies outside of, but within one (1) miles of the City of Lander, that subdivision shall be approved by the City Council of the City of Lander before it is finally approved by the Fremont County Board of County Commissioners, a Subdivision Permit issued therefore, and the plat filed in the office of the County Clerk. The following minimum requirements must be met: CITY OF LANDER COUNTY SUBDIVISION WITHIN 1 MILE REQUIREMENTS/CHECKLIST Case # Date Received: Planning Commission Hearing Date: WS (b) states if any part of the subdivision lies within one (1) mile of the boundaries of an incorporated city or town the approval of the governing body of the City or town must also be obtained in accordance with WS WS The Plat shall meet the approval of the board of commissioners if it is of land situated without the boundaries of any city or town or by the governing body of the city or town if situated within the boundaries of such city or town. When thus executed, acknowledged and approved, said plat shall be filed for record and recorded in the office of the clerk of the proper 4

7 county; provided, however, that any such plat of land adjacent to any incorporated city or town, or within one (1) mile of the boundaries of any such city or town, shall be jointly approved by both the board of county commissioners of said county and the governing body of said city or town before same shall be filed and recorded in the office of the county clerk as aforesaid. Name of Subdivision Date Submitted Legal Description of Property to be Subdivided: Total area of this subdivision: acres. If part of a proposed larger development, total adjacent area contemplated for future subdivision acres. Number of Proposed Lots: Typical Lot Size Linear feet of proposed streets: Total Arterial Collector Local Name, Address and Phone number of Subdivider: Name, Address and Phone Number of Owner if other than above: Name, Address and Phone Number of Person or Firm Preparing Plat: Name, Address and Phone Number of Engineer Designing Improvements (if other than above): The following are minimum requirements that must be met before any subdivision within one (1) mile of the City of Lander is approved by the governing body of the City of Lander. (1) The Plat shall be given to the Department of Planning for the City of Lander. The Plat shall consist of a drawing or drawings and accompanying material and information prescribed as hereinafter: (2) The Plat drawing shall be prepared on a scale selected to produce an overall plan sheet measuring 24 x 36 inches. The face of the drawing shall contain the following information: (a) The name of the subdivision. The name shall not duplicate or too closely resemble the name of any subdivision previously filed in the County. (b) Date of preparation, scale and north arrow. The top of each sheet shall represent north wherever possible. 5

8 (c) A vicinity map drawn at a scale of 1" = 1,000' or 1" = 2,000' showing the location of the proposed subdivision in relation to the City and its relationship to surrounding development. (d) The names, addresses and phone numbers of the developer or subdivider, and the individual or firm responsible for the preparation of the Preliminary Plat. (e) Documentation satisfactory to the board 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 supply systems, sewage systems, streets and roadways. (f) A legal description of the subdivision boundary. (g) The boundary lines of the subdivision in a heavy, solid line and referenced to section or quarter section lines. (h) A description of all monuments, both found and set, which mark the boundary of the subdivision, and a description of all control monuments used in the survey. (i) Existing contours at a minimum interval of twenty (20) feet. (j) General location and extent of any significant natural features such as wooded areas, streams, drainage ways, or lakes. (k) Floodplains of designated streams as delineated on maps available in the office of the County Planner. (l) Location, dimensions, and names of existing roads, streets, alleys, rights-of-ways and structures within and within twenty (20) feet immediately adjacent showing how they relate to the proposed subdivision layout. (m) Location, size, and grades of existing sewers, water mains, gas lines, pipelines or other underground utilities or installations within the proposed subdivision or immediately adjacent thereto. (n) Location and dimensions of all easements of record. (o) Location and width of proposed streets, alleys, pedestrian ways and easements. Proposed streets will be a minimum of 50 right-of-way, depending on the density of the subdivision. Road ways will be all weather surface. Cul-de-sacs must be a minimum of 45 radius. (p) Layout, numbers and approximate dimensions of proposed lots and blocks. Minimum lot width will have 50 frontage. 6

9 (q) Location, dimension and size in acres of all sites proposed to be used for commercial, industrial, multi-family residential, public or quasi-public use with the use noted. (r) A summary of the total number of acres, number of lots, acreage of commercial or industrial areas, acreage of open space, amount of land in rights-of-way and other descriptive material useful in reviewing the proposed subdivision. (s) A statement describing the development and maintenance responsibility for any private streets, ways or open spaces. (t) The recommendation of a qualified professional engineer or the affected Soil Conservation District regarding soil suitability, including corrosion hazard, erosion control, sedimentation and flooding problems. (u) A description of the phasing and scheduling of phases for the development if the Final Plat is to be submitted in separate phases. (v) Information as to appurtenant water rights, including but not limited to quantity, source and applicable documents. (w) Any exceptions to the subdivision must be noted (x) Certification and dedication statement signed by all owners, or others with an equitable interest with their signatures properly acknowledged. (y) Signed certification by a registered land surveyor (z) Certificates for the City Planning Commission and the City Council as specified in the regulations (aa) (bb) (cc) Certificate for recording by the County Clerk of Records Disclosure statement of hazards if required Plans for elimination or ameliorating natural hazards. (dd) A study evaluating the sewage system proposed for the subdivision and the adequacy and safety of the system. The study shall, at a minimum, include the following: (A) Identification of the type of sewage system to serve the subdivision and identification of the entity or entities responsible for the design, construction, operation and maintenance of the proposed facility; (B) For all types of sewage systems except individual on-lot sewage systems, a report submitted by the subdivider as to the adequacy and safety of the proposed sewage system. The report shall address, at a minimum, the following issues: 7

10 (I) An assessment of the adequacy of the proposed sewage system in relation to the proposed population density of the subdivision and any other existing or proposed land and water uses in the vicinity of the subdivision that may affect the adequacy of the system; (II) An estimate of the total number of gallons per day of sewage generated by the proposed subdivision where a central sewage system is proposed; (III) A demonstration that technical requirements and design standards of the department of environmental quality applicable to central sewage systems can and will be met; (IV) Where utilization of or connection to an existing private or public sewage system is proposed, documentation that application to such entity has been made and that the entity can and will provide service; (V) A detailed demonstration that the proposed sewage system for the subdivision is compatible with the proposed water supply system for the subdivision. The study shall demonstrate that the operation of the sewage system will not affect the suitability or safety of the proposed water supply system and a determination of the potential impacts of downgradient use of groundwater; (VI) Demonstration that the proposed sewage system will meet all county, state and federal standards. The demonstration shall address the relationship of the development to any local or state approved water quality management plans established pursuant to section 201 of the federal Clean Water Act, 33 U.S.C. section 1281 and demonstrate no conflict exists with any state approved local wellhead protection plan or local source water protection plan established pursuant to the federal Safe Drinking Water Act. (C) Where individual on-lot sewage systems are proposed by the subdivider, a report submitted by the subdivider shall document the safety and adequacy of the proposed on-lot sewage systems including the following: (I) Adequacy of separation distances; (II) Separation of drain field relative to groundwater and impervious soils; (III) Suitability of the subdivision soil conditions; (IV) Suitable topography; (V) Proposed population density; (VI) Protection of groundwater uses; and 8

11 (VII) Watersheds located on or draining into, under or over the proposed subdivision. (D) Where individual on-lot sewage systems are proposed, the words "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in bold capital letters shall appear on all offers, solicitations, advertisements, contracts, agreements and plats relating to the subdivision. (I) If the subdivider proposes to utilize adjoining property for sewers, drainage, sewer lines, power lines or other utilities, the subdivider shall provide copies of binding easements of not less than twenty (20) feet in width for the proposed facilities from each property owner over whose land such services shall extend and shall provide a minimum access roadway right-of-way of sixty (60) feet to the subdivision for all public ways; (ee) A study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system. The study shall, at a minimum, include the following: (A) Identification of the type of water supply system proposed to serve the subdivision and identification of the entity or entities responsible for the design, construction, operation and maintenance of the proposed facility; (B) For all water supply systems except individual on-lot wells, a report submitted by the subdivider demonstrating the adequacy and safety of the proposed water supply system. The report shall address, at a minimum, the following issues: (I) The estimated total number of gallons per day for the subdivision water supply system; (II) Documentation that the proposed water supply system will be compatible with and not adversely affected by the sewage system proposed for the subdivision or any other sources of pollution within a reasonable distance; (III) List of all surface and groundwater rights which will be used or which may be affected, including state engineer application and permit numbers and description of expected effects; (IV) Plans for the mitigation of water right conflicts resulting from the use of water within the proposed subdivision; (V) When connecting to an existing water supply system, the report shall also contain: (1) Documentation that public or private water suppliers can and will supply water to the proposed subdivision, stating the 9

12 amount of water available for use within the subdivision and the feasibility of extending service to that area; (2) Documentation concerning the potability of the proposed water supply for the subdivision. (VI) Where a centralized water supply system is proposed containing a new source of water supply to be developed, the report shall also demonstrate that the water supply system is sufficient in terms of quality, quantity and dependability and will be available to ensure an adequate water supply system for the type of subdivision proposed. The report shall include a narrative summary of: (1) Where the water supply system source is derived from groundwater, the geologic setting of the water supply system source and the area of influence such as nearby communities, sources of pollution, surface water bodies and aquifers described by a Wyoming registered professional geologist; (2) The quantity, quality and source of the water to be used including proposed and existing surface and groundwater facilities and their locations. Where the proposed water supply system for the subdivision is from a groundwater source, a written report submitted by the subdivider demonstrating that the proposed source is sufficient in terms of quality, quantity and dependability for the type of subdivision proposed; (3) The proposed disposal of water not consumed, including water obtained under permits, storm drainage, dewatering, sewage and other wastewater sources; (4) A delineation of primary sources of water, secondary sources and occasional or seasonal sources; (5) Graphic location of all water supply sources including wells, raw water intakes, treatment facilities, treated water storage facilities and ponds; (6) Documentation of all data sources on the occurrence and availability of surface and groundwater; (7) Historic stream flows and well levels; (8) Senior water rights; (9) Flood damage and flood protection; 10

13 (10) Impact of and protection from supply shortages. (C) Where individual on-lot wells are proposed as the water supply system, a report submitted by the subdivider demonstrating the safety and adequacy of the water supply system shall address, at a minimum, the following: (I) The estimated total number of gallons per day for the subdivision; (II) Information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well; (III) Documentation that the proposed water supply system will be compatible with and not adversely affected by the sewage system proposed for the subdivision or any other sources of pollution within a reasonable distance; (IV) List of all surface and groundwater rights which will be used or which may be affected, including state engineer application and permit numbers, and description of expected effects; and (V) Plans for the mitigation of water right conflicts resulting from the use of water within the proposed subdivision. (D) Where individual on-lot wells are proposed, the words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall appear on all offers, solicitations, advertisements, contracts, agreements and plats relating to the subdivision. (4) The City shall not extend utilities and services and shall not approve any proposed subdivision of land which by itself or as a part of a larger tract, is contiguous to or completely surrounded by the boundaries of the City unless the Preliminary Plat submitted to the Department of Planning is accompanied by a properly acknowledged petition for annexation to the City and a separate application for proper zoning. (5) The Department of Planning shall review both the annexation petition and the Preliminary Plat for accuracy and completeness and shall process the plats as if the land were already a part of the City. The required plats and the annexation petition may be considered by the City simultaneously; however, final action by the City Council on the annexation petition and zoning shall precede or be taken concurrently with final action on the Final Plat. 11

14 b. Appeals c. Variances Any subdivider or landowner aggrieved by the action of the Planning Commission or the administrative staff of the City of Lander in their administration of these regulations, may request a hearing before the City Council. The request shall be in writing, shall be submitted to the Department of Planning within thirty (30) days of the receipt of such a request, the City Council shall hold a hearing to determine the proper disposition of the matter. At the hearing, the Council shall consider not only the subdivider's appeal, but also the written or verbal comments of the Commission, agency or person appealed from. The Council shall either reaffirm or modify the decision of the Commission, agency or person and note the decision in the record of its hearing. The subdivider or landowner may then proceed with the subdivision of the land based upon this decision of the Council. This decision shall be binding upon all agencies and administrative personnel of the City of Lander. (1) When it can be shown that in the case of a particular subdivision, strict compliance with the provisions of these regulations would cause undue hardship, the City Council may authorize a variance to these requirements. The granting of any variance shall be based upon findings by the Council that: (a) The subdivider is proceeding in good faith. (b) (c) (d) (e) There are unusual topographical or other special circumstances associated with the property which are not the result of any action of the subdivider and which prohibit the use of the property in a manner similar to the use of adjacent or nearby properties. The variance is necessary for reasonable development of the property in question and will alleviate a clearly demonstrable hardship. The variance will not nullify the intent or purpose of these regulations. Granting the variance will not be detrimental to the general public health, safety and welfare. (2) Any variance granted shall constitute the minimum adjustment necessary to alleviate the hardship. (3) A request for a variance may be submitted only after the Planning Commission has formally reviewed the Preliminary Plat and has either (1) 12

15 recommended disapproval because the Plat does not conform to these regulations, or (2) conditionally approved the Plat specifying those amendments which must appear on the Final Plat in order for it to be approved. The subdivider may then seek relief from the specific provisions of these regulations with which he cannot comply. (4) All requests for variances shall be submitted in writing to the City Council and shall be referred to the Planning Commission for comments and recommendations prior to any action taken by the City Council. In granting a variance, the Council may impose such conditions as will insure substantial compliance with the objectives and standards of these regulations. The findings and action on each variance and any conditions imposed shall be recorded in the minutes of the Council and a copy thereof provided to the Department of Planning. (5) If the subdivision variance is granted by the City Council, the subdivider may incorporate the provisions of the variance into the Final Plat to be submitted to the Planning Commission and to the Council for approval. In its review of the Final Plat, the Planning Commission shall be bound by the decision of the Council regarding the variance and shall review and approve the Final Plat with the variance if the Plat in all other respects conforms to the Preliminary Plat and any other conditions imposed by the Planning Commission. d. Vacations (1) Any plat may be vacated by the owners or proprietors thereof at any time before sale of any lots, or before the City has made substantial improvements in the subdivision, by submitting a copy of the plat to the Planning Commission along with a written request for the vacation. In cases where lots have been sold, the written request shall be by all of the owners of lots within the plat. The Planning Commission shall make a recommendation on the vacation to the City Council and the Council shall approve or disapprove the vacation. The recording of an instrument vacating the plat shall operate to destroy the force and effect of the recording of the original plat and to divest all public rights in the streets, alleys, common and public grounds laid out or described in such a plat. (2) Streets and alleys platted and laid out under the provisions of these regulations or laid out under any prior law of the State of Wyoming regulating private plats may be altered or vacated in the manner provided by law for the alteration or discontinuance of highways. (3) Any part of a plat may be vacated under the provisions, and subject to the conditions of Section 5 d (1) of these regulations, provided such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat and provided, further, that nothing contained in this section shall authorize the closing or obstruction of any public highways 13

16 laid out according to law. The request for vacation shall be made by all of the owners of lots within that portion of the overall plat sought to be vacated. (4) When any part of a plat shall be vacated as afore said, streets, alleys and other public grounds shall be assigned to all lots or parcels adjacent to the public area being vacated in equal proportions. (5) The County Clerk shall write in plain, legible letters across that part of said plat so vacated, the word "vacated" and also make a reference on the same to the volume and page in which the said instrument of vacation is recorded. (6) Land covered by a vacated plat may be replatted as described by these regulations. Any later replatting of an area already platted and not vacated shall be construed to be a request for the vacation of the original plat or portion thereof. Any such plat, once approved and recorded, shall act to vacate the original plat which it replaces. e. Administrative Liability. The City shall hold harmless the Department of Planning, other city agencies and officials and their official agents and representatives, when acting in good faith and without malice, from all personal liability for any damage that may accrue to any person or property as a result of any act required by these regulations, or for the omission of any act on the part of the Department, agency or official or their authorized agents in the discharge of their duties hereunder. Any suit brought against the City or the City Administration because of any such act or omission in the carrying out of the provisions of these regulations shall be defended by the City's legal department through final determination of such proceedings. SECTION 6: PROCEDURES AND REQUIREMENTS FOR PLATTING - a. Pre-Application (1) Prior to the submission of a Preliminary Plat as required by these regulations, the subdivider shall contact the Director of the Department of Planning, the City Engineer and any other administrative personnel or public or private agencies to determine: (a) (b) (c) Procedures and requirements for filing the Preliminary and Final Plats. Availability of public water and sewer and requirements when public systems are not readily available. Zoning requirements on the property. 14

17 (d) (e) (f) Requirements of the duly adopted Comprehensive Plan for major streets, land use, schools, parks and other public open space. The location and extent of any floodplains as shown by maps in the office of the City Engineer. Soil types and problems on the property as shown on available soil survey maps prepared by the Soil Conservation Service. (2) As part of this contract, the subdivider may discuss with the Department of Planning or any other appropriate agency his tentative proposals for the development of the property. (3) The subdivider may request that the Planning Commission review and comment on a Sketch Plat prior to his preparation of a Preliminary Plat. The Planning Commission shall make such a review and make their comments known to the subdivider in writing within five (5) days from the date of the review. (4) The purpose of this pre-application procedure is to determine any problems with the proposed development before expenses are incurred in the preparation of a preliminary plat. No official action is required of the Department of Planning or other agencies other than to offer appropriate comments on the proposal. B. Preliminary Plat (1) Preliminary Plats shall be submitted in twelve (l2) copies, and a mylar or sepia reproducible, to the Department of Planning. The Preliminary Plat shall consist of a drawing or drawings and accompanying material and information prescribed by these regulations. (2) The Preliminary Plat drawing shall be prepared at a scale of 1" =100' or larger for subdivisions where the majority of lots are less than five (5) acres in size. The scale may be reduced to 1" =200' for subdivisions in which the minimum lot size is five (5) acres or more. The face of the drawing shall contain the following information: (a) (b) The name of the subdivision. The name shall not duplicate or too closely resemble the name of any subdivision previously filed in the County. Date of preparation, scale and north arrow. The top of each sheet shall represent north wherever possible. (c) A vicinity map drawn at a scale of 1" = 1,000' or 1" = 2,000' 15

18 showing the location of the proposed subdivision in the City and its relationship to surrounding development. (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) The names, addresses and phone numbers of the developer or subdivider, and the individual or firm responsible for the preparation of the Preliminary Plat. A legal description of the subdivision boundary. The boundary lines of the subdivision in a heavy, solid line and referenced to section or quarter section lines. A description of all monuments, both found and set, which mark the boundary of the subdivision, and a description of all control monuments used in the survey. Existing contours at an interval of two (2) feet unless portions of the proposed subdivision has such severe slopes that, as determined by the City Engineer, intervals greater than two (2) feet would be more suitable. General location and extent of any significant natural features such as wooded areas, streams, drainageways, or lakes. Floodplains of designated streams as delineated on maps available in the office of the City Engineer. Location, dimensions, and names of existing roads, streets, alleys, rights-of-ways and structures within and within twenty (20) feet immediately adjacent showing how they relate to the proposed subdivision layout. Location, size, and grades of existing sewers, water mains, gas lines, pipelines or other underground utilities or installations within the proposed subdivision or immediately adjacent thereto. Location and dimensions of all easements of record. Existing zoning and land use of proposed subdivision and immediately adjacent areas. Location and width of proposed streets, alleys, pedestrian ways and easements. Layout, numbers and approximate dimensions of proposed lots and blocks. 16

19 (q) (r) Location, dimension and size in acres of all sites proposed to be used for commercial, industrial, multi-family residential, public or quasi-public use with the use noted. A summary of the total number of acres, number of lots, acreage of commercial or industrial areas, acreage of open space, amount of land in rights-of-way and other descriptive material useful in reviewing the proposed subdivision. (3) The following information and material shall be a part of any Prelinimary Plat submittal and shall accompany the Preliminary Plat drawing: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Payment of the total amount of the Preliminary Plat fee. A statement explaining how and when the subdivider proposes to install water, sewer, paving, sidewalks, drainageways, and other required improvements. A statement describing the development and maintenance responsibility for any private streets, ways or open spaces. The recommendation of a qualified professional engineer or the affected Soil Conservation District regarding soil suitability, including corrosion hazard, erosion control, sedimentation and flooding problems. A description of the phasing and scheduling of phases for the development if the Final Plat is to be submitted in separate phases. A petition for annexation to the City of Lander if the land to be subdivided is contiguous to and, either by itself or as part of a larger tract, is completely surrounded by the boundaries or the city. An application for appropriate City zoning for the subdivided area if the area is to be annexed or if the existing zoning district does not allow the type of use proposed. The names and addresses of all owners of subdivided lots and unplatted land contiguous and immediately adjacent to the boundary of the proposed subdivision. A subdivision application on the standard forms provided. A completed Preliminary Plat check list on the standard forms provided. (k) Information as to appurtenant water rights, including but not 17

20 limited to quantity, source and applicable documents. (4) After receipt of the Preliminary Plat and all required supporting material, City Clerk shall schedule the Plat for consideration at the next regular business meeting of the Planning Commission, which shall be at least twenty-one (21) days from the date on which the Plat was submitted, and shall, within three (3) days transmit copies to appropriate agencies and officials for their review and comment. At a minimum, copies of the plat shall be referred to: (a) (b) (c) (d) (e) The City Engineer/Public Works Director The City Building Inspector Any utility or special district City Parks and Recreation Commission The City Fire Department (Section 6(b)(4) amended by Resolution 560, effective ) (5) Agencies receiving referral copies of the Preliminary Plat should return written comments on the Plat to the Department of Planning within fourteen (14) days after receipt of the Plat. Agencies may also present comments on the Plat at the Planning Commission meeting at which the Plat is considered. (6) Upon receipt of all agency comments, or at the end of the fourteen (14) day period, the Department of Planning will summarize the agency comments, add written comments and recommendations from the Department itself, and present the material and recommendations to the Planning Commission for its consideration. (7) At least seven (7) days prior to the date of the Planning Commission meeting at which the Plat is to be considered, the Department of Planning shall, from information provided by the subdivider as a part of his Preliminary Plat submittal, notify the owners of subdivided lots and owners of unplatted land contiguous and immediately adjacent to the boundaries of the proposed subdivision of the time and date of the meeting. (8) The subdivider and all other interested or affected parties shall be allowed to offer comments on the Preliminary Plat at the Planning Commission meeting. After due deliberation, the Planning Commission shall either approve or disapprove the Preliminary Plat and so notify the subdivider in writing within ten (10) days after the date of the meeting at which final action was taken. The Planning Commission may attach conditions to its approval. If the plat is disapproved, the Planning Commission shall specify conditions under which the Plat may gain approval. (9) If the subdivider contends that conditions of approval attached by the 18

21 Planning Commission are of such a nature as to make development of his land impractical or if the subdivider contends that disapproval of his Preliminary Plat by the Planning Commission was a wrongful decision, he may, in writing, request a hearing before the City Council and proceed according to the provisions of Section 5b of these regulations. (10) Approval of the Preliminary Plat either by the Planning Commission, or upon appeal, by the City Council shall be effective for twelve (12) consecutive calendar months from the date of approval. The subdivider may apply in writing for and the Planning Commission may, for cause shown, grant a six (6) month extension to the twelve month period. If a Final Plat has not been submitted within this specified period on all or a portion of the land area included in the Preliminary Plat, a Preliminary Plat must be again submitted for approval. In a phased development, any land area for which a Preliminary Plat has been approved and for which a Final Plat has not been submitted within thirty-six (36) months from the date of the approval of the Preliminary Plat, shall not be allowed to proceed with final platting until a new Preliminary Plat is submitted and approved. c. Final Plat (1) After approval of the Preliminary Plat, the Final Plat may be prepared and submitted. The Final Plat shall be prepared and certified as to its accuracy by a registered land surveyor licensed to do such work in the State of Wyoming. The Final Plat and required supporting material shall conform to the design and engineering standards set forth by the City Council. (2) Final platting may be accomplished in stages covering reasonable portions of the area of an approved Preliminary Plat. When this is done, each sheet of the Final Plat shall contain a vicinity map showing the location of the portion being submitted in relationship to the area for which the Preliminary Plat was submitted. All Final Plats so submitted shall be of the same scale; shall have identical titles, legends and other information; and shall have match lines so that mosaics of the entire subdivision can be developed. Each stage of the subdivision shall be as nearly self-sustaining and complete as possible, and shall by itself, or in conjunction with previous stages, meet the design standards set forth in these regulations so that if development of the entire subdivision is interrupted or discontinued after one or more stages is completed, a viable development will result. Plats of a phased subdivision may be submitted together for concurrent review by the Planning Commission. If submitted for concurrent review, the plats shall be assessed a single Final Plat fee and shall require a single set of supporting documentation covering all phases. (3) The Final Plat shall be clearly and legibly drawn in black, water-proof India ink upon tracing linen, mylar or some similar stable base material. Required affidavits, certificates and acknowledgements shall be legibly 19

22 printed on the Plat in opaque ink. The sheet size of all Final Plats shall be 24" high by 36" wide. Information on the Plat shall be so positioned that a l-l/2" margin remains on the left side of the sheet and a 1/2" margin is left on the three remaining sides. The scale of the Final Plat shall be l"=100' or larger. The scale may be reduced to l"=200' for subdivisions in which the minimum lot size is (5) acres or more. Each sheet of the Final Plat shall be numbered and the total number of sheets comprising the plat shall be stated on each sheet (for example: Sheet 2 of 4). The relationship of one sheet to the other shall be shown by key maps and by match lines. (4) A reproducible linen or mylar, and eight (8) prints of the Final Plat and two (2) copies of all required supporting material shall be submitted to the Department of Planning at least fourteen (14) days prior to the Planning Commission meeting at which the Final Plat is to be considered. (5) The submitted Final Plat shall contain the notarized signatures of the owner or owners, or others with an equitable interest in the land, and the signature of the registered land surveyor. (6) All final plats shall include the following information on the face of the plat. (a) (b) (c) (d) (e) (f) (g) (h) (i) The name of the subdivision at the top center of each sheet. General location of the subdivision by section, township, range, county, and state, entered under the name of the subdivision. North arrow, date and scale. Boundary lines of the subdivision in a heavy solid line. Legal description of the subdivision boundary based on an accurate traverse, giving angles and linear dimensions that result in a maximum allowable error of closure of one part in 10,000. The location and description of the point of beginning and its proper reference to the monumented boundary survey. Location and description of all monuments. Bearings, distances, and curve data of all perimeter boundary lines indicated outside of the boundary lines. On curved boundaries and on all curves within the Plat, sufficient data to allow the reestablishment of the curves within the Plat, sufficient data to allow the reestablishment of the curves on the ground. 20

23 (j) (k) (l) (m) (n) (o) (p) (q) (r) The location and layout of lots, blocks, tracts, streets, alleys, easements and other public grounds within and immediately adjoining the Plat, with accurate dimensions in feet and onehundredths of feet, interior angles, length of radii and/or arcs of all curves. Drainage easements clearly labelled as such. The names of all streets. All lots and blocks logically and consecutively numbered in the center of the lot or block. All dimensions shown on irregularly shaped lots. Parcels completely or partially surrounded by the area being subdivided shall be clearly marked "EXCEPTED", and the common boundary with the subdivision shown in a heavy solid line with bearings and distances. A notation of the total acreage of the subdivision and the total number of lots. The boundary of any floodplain shall be shown on the plat. A notarized certificate by all parties having any titled interest in or upon the land, consenting to the recording of the Plat and dedicating public ways, grounds and easements. The certificate shall read: Know all men by these presents that the undersigned (Official name of the subdivider), being the owner, proprietor, or parties of interest in the land shown on this plat, do hereby certify: That the foregoing plat designated as (Name of subdivision or addition), is located in (Section, Township, Range, City, County, State), and is more particularly described as follows: (Insert full legal description) and contains an area of acres, more or less, and That this subdivision, as it is described and as it appears on this plat, is made with the free consent and in accordance with the desires of the undersigned owner(s) and proprietor(s), and that this is a correct plat of the area as it is divided into lots, blocks, streets and easements, and That the undersigned owner(s) of the land shown and described on this plat does (do) hereby dedicate to the City of Lander, and its licensees for perpetual public use all streets, alleys, easements and other public lands within the boundary lines of the plat as indicated and not 21

24 already otherwise dedicated for public use. Utility easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for perpetual public use for the purpose of installing, repairing, re-installing, replacing and maintaining sewers, water lines, gas lines, electric lines, telephone lines, cable television lines and other forms and types of public utilities now or hereafter generally utilized by the public. (On plats containing drainage easements add:) Drainage easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for public use to accommodate the flow or storage of storm waters and shall be kept free of all structures or other impediments. (Individuals, where applicable, should add:) All rights under and by virtue of the homestead exemption laws of the State of Wyoming is hereby waived and released. Executed this day of A.D., l9, by: (Designation of interest: owner, mortgagee, etc.) STATE OF WYOMING ) ) ss. FREMONT COUNTY ) The foregoing instrument was acknowledged before me this day of. A.D., 19 by as a free and voluntary act and deed. Witness my hand and official seal. My commission expires. Notary Public (s) Certificate of a registered land surveyor as follows: I, do hereby certify that I am a registered land surveyor licensed under the laws of the State of Wyoming, that this plat is a true, correct, and complete plat of (Subdivision Name) as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with City of Lander regulations governing the subdivision of land. 22

25 Registered Land Surveyor (t) Certificate of review of the City Engineer as follows: Data on this plat reviewed this day of, 19, by the City Engineer of Lander, Wyoming. City Engineer (u) Certificate of approval by the City of Lander Planning Commission as follows: This plat approved by the City of Lander Planning Commission this A.D., l9. day of Chairman Secretary (v) Certificate of acceptance and approval by the City Council of the City of Lander as follows: Approved by the City Council of the City of Lander, Wyoming this A.D., l9. day of Mayor City Clerk (w) Certificate for recording by the County Clerk and Recorder as follows: This plat was filed for record in the Office of the Clerk and Recorder at.m.,, l9, and is duly recorded in Book, Page no.. o'clock County Clerk (7) The Final Plat shall be accompanied by the total amount of the Final Plat fee. (8) After receipt of the Final Plat, the Department of Planning shall review the submittal for completeness and for conformance with the approved Preliminary Plat. The Department may refer copies of the Final Plat to and 23