A.
General.
(1)
No building or structure shall be commenced, erected or altered until
a building permit for construction or alteration has been issued by
the Town. No new building or outside structure change to an existing
building shall be built, enlarged or altered until and before a building
permit has been issued by the Town. No building shall be moved upon
any lot within the Town until a permit is obtained in the same manner
as provided in this article for the construction of buildings; provided,
further, that a permit shall not be issued if, in the judgment of
the Town, the proposed new location of the building or structure would
seriously increase the fire hazard and/or detract from the general
appearance of the neighborhood.
(2)
A permit is not required for accessory structures such as storage
shed, utility structure, or playhouse that does not exceed 120 square
feet or one story and that is nonhabitable. Utility and storage sheds
are prohibited from being placed in the front yard area but may be
permitted to be located in the rear or side yard areas. Corner lots
are considered to have two front setbacks and two side yard setbacks
for applying setback distance requirements. If a corner lot is adjacent
to an alley, the setbacks for alleys shall apply.
(3)
Existing structures and uses. Permits shall not be required for structures
existing nor for the use of any structures or land area established
prior to the effective date of the ordinance codified in this chapter;
provided, however, that any future modifications to existing structures
or changes of use of any structure or land area shall require permits
as provided by this chapter.
(4)
Main use to precede accessories. No accessory structure or building
shall be constructed or placed upon a zone lot until a legal permitted
use has been established.
(5)
A building permit may also be issued for the use of a trailer house,
trailer coach or modular constructed home, provided that the same
is constructed or placed, with wheels and tongue removed, on a permanent
foundation, including concrete footing, continuous masonry or frame
foundation so constructed as to support the entire structure, and
is permanently connected to the Town water and sewer systems.
(6)
Grease trap installation. All buildings constructed or remodeled,
for use as schools, restaurants, cafes or any other place where cooking
is done and food prepared for the public, other than private dwelling
units, are required to provide grease traps or interceptors. All such
traps or interceptors shall be of a type and capacity approved by
the Town and shall be located as to be readily and easily accessible
for cleaning and inspection. In the maintaining of these interceptors,
the owner shall be responsible for the proper cleaning and removal
and disposal by appropriate means of the captivated material and shall
maintain records of the dates and means of cleaning and disposal which
are subject to review by the Town.
B.
Application.
(1)
Residential.
(a)
The application should at a minimum include the site layout,
building plans, parking design, utility information, estimated construction
cost, other information deemed necessary by the Town; and
(b)
Building placement certificate, completed by a Wyoming licensed
surveyor, as deemed necessary by the Town.
(2)
Commercial, industrial, and multifamily. All information required
for the residential building permit, and adjacent lot and street information,
exterior lighting and signage, exterior elevations showing overall
height of the structure, height of first floor walls, roof pitch(s),
roof overhangs, window and door locations, and other information deemed
necessary by the Town.
(3)
Condominiums. All information required for multifamily as well as
the zoning classification of abutting lands and all existing and proposed
public and private rights-of-way and easements abutting or crossing
the land area, locations of all existing and proposed structures,
structure heights, curb cuts, locations and heights of all fences
and walls, the type of surfacing for all common areas, fire hydrant
locations, landscaping characteristics, any proposed units for future
development, and other information deemed necessary by the Town.
C.
Issuance.
(1)
After all required reviews, if the Town finds the application in
substantial compliance with the ordinances and policies of the Town,
a permit shall be issued. Any modification or change in the permitted
project shall require the issuance of an amended building permit which
shall require a new application which shall be treated as an initial
application for a building permit. If an application is denied by
the Town, the specific reasons for said denial shall be provided to
the applicant in writing. Any applicant denied a permit may request
that said application be considered by the Town Council. Any such
requests shall be made in writing. In the absence of the Town Engineer,
those duties assigned to the Town Engineer under this chapter, including
but not limited to the issuance of a building permit, may be performed
by the Mayor or a person designated by the Mayor in writing to so
act.
(2)
Commercial and condominium special cases. All building permit applications
for property located in the C-1 and C-2 Zone Districts where the estimated
costs of improvements exceed $500,000 and condominium developments
shall be referred by the Town to the Town Council for review in a
public meeting and shall approve the application, approve the application
with requirements, or deny said application. If the application is
approved with requirements, the fulfillment of the requirements is
a condition precedent to implementation of the development plan.
A.
General. No structure connected to the water and/or sewer service
of the Town shall be demolished until a demolition permit is acquired
from the Town.
B.
Application. The applicant shall provide verification from power,
gas, and communications utilities that their utility was properly
disconnected.
C.
Inspection. The related water and/or sewer connections shall be inspected
by the Water Commissioner or Town employee acting on behalf of the
Water Commissioner prior to commencement of demolition and after final
cleanup of the demolition.
A.
General.
(1)
Without obtaining a right-of-way permit from the Town, it is unlawful
for any person to:
(a)
Construct infrastructure such as, but not limited to, sidewalk,
boardwalk, curbs, gutters, and street paving within any street;
(b)
Dig up, break, excavate, tunnel, undermine, or in any manner
break up any street, or to make or cause to be made any excavation
in or under the surface of any street for any purpose;
(c)
Place, deposit, or leave upon any street any earth or other
excavated material obstructing or tending to interfere with the free
use of the street; or
(d)
Move an existing house, building, or structure on or over any
street for the purposes of construction, excavation, tunneling, or
storage of materials or for activities which would facilitate such.
(2)
No dig period. No right-of-way permit shall be issued starting November
1 through April 15 of each calendar year, except by special permission
of the Town. The April 15 date may be extended or shortened at the
election of the Town Council.
(3)
All right-of-way excavation work shall comply with the Town Construction
Standards Policy.
(4)
Unless otherwise approved by the Town, fiber facilities, gas facilities
and electric facilities shall be buried as per subject utility specifications
and drawings.
(5)
The provisions of this article shall not be applicable to any excavation
work under the direction of Town authorities, by employees of the
Town or by any contractor of the Town performing work for and on behalf
of the Town necessitating openings or excavations in streets.
(6)
The provisions of this article shall be applicable to all persons
operating public utilities in the Town under franchises granted by
the Town and having the right, either by general or special permission,
to enter upon streets and open and excavate pavements, sidewalks or
disturb the surface thereof by excavation or other work, and such
persons shall be required to apply for a permit and to comply with
all other provisions of this article.
B.
Application.
(1)
The application shall include emergency contact information, dates
of work, construction plans, work schedule, traffic control plan,
necessary encroachment agreements.
(2)
The Town reserves the right to require the construction plans to
be prepared by a Wyoming licensed professional engineer.
(3)
A certificate of liability insurance of the contractor proving insurance
coverage and an additional insured status of its operations and/or
employees, vehicles, equipment and actions.
(4)
Proof of all insurance, including a workmens' compensation insurance
and disability benefits insurance certificate from the contractor
doing work within the right-of-way, and a signed indemnification agreement
further indemnifying the Town of all liability created out of the
actions of the subject contractor on the subject work.
(5)
General liability to cover public and private property damage; hold
harmless form. Liability insurance shall be maintained in an amount
not less than $1,000,000 for damages per occurrence and in the amount
not less than $2,000,000 in the aggregate. The Town may require a
certificate of insurance and an additional insured status with a waiver
of subrogation.
(6)
Appropriate financial guarantee, meeting the following criteria and
determined by the Town in accordance with the Fee Schedule.
(a)
Types accepted. The applicant shall deposit with the Town a
surety bond, cash deposit or letter of credit in the amount in accordance
with the following bond schedule.
(b)
Surety specifications. The required financial guarantee must
be:
[1]
With good and sufficient surety.
[2]
By a company authorized to transact business in the State of
Wyoming.
[3]
Satisfactory to the Town Attorney in form and substance.
[4]
Conditioned upon the permittee's compliance with this article
and to secure and hold the Town harmless for any and all costs arising
from the right-of-way and other work covered by the permit or for
which the Town, the Town Council or any Town employee may be made
liable by reason of any accident or injury to persons or property
through the fault of the permittee either in not properly guarding
the right-of-way or for any other injury resulting from the negligence
of the permittee, and further conditioned to fill up, restore and
place in good and safe condition as near as may be to its original
condition, and to the satisfaction of the Town, all openings and excavations
made in streets.
(c)
Any owner of real estate constructing, modifying, or repairing
or engaging another to construct, modify, or repair the sidewalk on
his/her private property shall not be required to give such financial
guarantee. If the sidewalk is on Town property, a bond shall be required.
(d)
Franchise holder financial guarantee waiver. At the discretion
of the Mayor the associated bond for right-of-way excavation permit
may be waived if the franchisee is deemed in good standing with the
Town. To be in good standing, the franchisee shall have a good history
of meeting all Town excavation specifications and ordinances, comply
to its franchise agreement, and address and fix any issues or concerns
caused by its utility within the right-of-way within a reasonable
time frame.
C.
Review and issuance.
(1)
The application shall be submitted no more than 12 weeks prior to
the start of construction unless prior approval is granted by the
Town to submit it earlier.
(2)
Length of time for application review is dependent upon the size
and complexity of the work to be done within the Town right-of-way.
(3)
A permit shall not be assigned or transferred without the written
consent of the Town.
(4)
The permittee shall maintain an on-site copy of the approved permit,
plans, and specifications.
D.
Inspection.
(1)
All inspections shall have forty-eight-hour notice to the Town for
inspection calls. Inspections will be conducted Monday through Friday
between the hours of 8:00 a.m. and 4:00 p.m. Weekend and after-hours
inspections may be arranged if Town staffing allows. All after-hours
inspections will be billed in advance at a rate established by resolution.
(2)
Town staff shall make such inspections as are reasonably necessary
in the enforcement of this article.
(3)
The Town reserves the right to require a third-party engineer to
conduct inspections, at the expense of the permittee. Third-party
inspectors must be preapproved by the Town.
E.
Completion.
(1)
The permittee shall prosecute and complete all work covered by the
right-of-way permit and shall restore the street to its original condition
not later than the date specified in the right-of-way permit.
(2)
Unless waived by the Town, a person designated by the permittee shall
provide the Town a certificate of completion stating the date for
the work performed (including restoration), identifying the installer,
the location at which the work was performed, and certifying that
work was completed according to the requirements of the Town. If a
utility or contractor has one outstanding certificate, the Town reserves
the right to withhold issuing future permits until the certificates
are submitted. The Town shall conduct an inspection before the as-builts
are submitted.
(3)
If necessary, the permittee shall submit "as built" drawings, maps,
and/or underground structure maintenance drawings after construction.
The Town can require a facility to be removed at the owner's expense
from a right-of-way if it is in a nonpermitted location.
(4)
Extension required. No person may excavate or obstruct the right-of-way
after the completion date specified on the permit, unless the person
obtains an extension prior to the completion date or obtains a new
permit.
F.
Emergency excavation repair. In the event of any emergency in which
a sewer, main, conduit or utility in or under any street breaks, bursts
or otherwise is in such condition as to immediately endanger the property,
life, health or safety of any individual, the person owning or controlling
such sewer, main, conduit or utility, without first applying for and
obtaining a right-of-way permit hereunder, shall immediately take
proper emergency measures to cure or remedy the dangerous conditions
for the protection of property, life, health and safety of individuals.
The applicant shall notify the Town as soon as possible of the event.
Within two business days after the occurrence of the emergency, the
applicant shall apply for the necessary permits, pay the fees associated
therewith, and fulfill the rest of the requirements necessary to bring
itself into compliance with the permit requirements for the actions
it took in response to the emergency. If a utility is damaged and
repaired within the excavation made by the primary permit holder,
an additional permit is not required; however, notification to the
Town is still required.
G.
Warranty; warranty period.
(1)
All excavations will have to be guaranteed from deterioration for
a period of one year. If patch failure occurs, as determined by the
Town, repair will be made as per specified by the Town. After the
repair, the excavation shall be guaranteed for an additional one-year
period.
(2)
From the issued date of the certificate of completion to one year,
the applicant will be responsible for all unsatisfactory conditions
of subsidence, asphalt repairs, poor drainage, vegetation and Town-owned
utilities that have been disturbed, cut into or patched as a result
of the subject work. Upon the one-year anniversary date, the applicant
will be notified, and the financial guarantee returned.
(3)
Release of financial guarantee. No release of the financial guarantee
shall take place without the prior approval of the Town and after
a physical inspection by the Town.
H.
Site conditions and permittee responsibilities. The permittee is
responsible and shall bare all costs associated with maintaining and
restoring the site conditions, as described in the Town Construction
Standards Policy.
I.
Failure to restore.
(1)
The permittee shall correct defects in patching or restoration performed
by the permittee or its agents. The permittee, upon notification from
the Town, shall correct all work to the extent necessary, using the
method required by the Town. Correction of patching and any restoration
shall be completed within 48 hours, or at a time set by the Town,
with appropriate temporary traffic control implemented immediately
upon notification.
(2)
Failure to restore. If the permittee fails to restore the right-of-way
in the manner and to the condition required by the Town or fails to
satisfactorily and timely complete all restoration required by the
Town, the Town shall notify the permittee in writing of the specific
alleged failure(s) and shall allow the permittee seven days from receipt
of said written notice to cure said failure(s), unless otherwise extended
by the Town. Bituminous patches within a roadway or trail should be
addressed as soon as possible and must be complete within 48 hours
of receiving written notice. In the event the permittee fails to cure
written notice of corrections, the Town may perform the necessary
work, and the permittee shall pay to the Town, within 30 days of billing,
the cost of restoring the right-of-way. If the permittee fails to
pay as required, the Town may exercise its rights under the financial
guarantee.
(3)
Town's right to restore. If the permittee has failed to restore the
surface of the street to its original and proper condition upon the
expiration of the time fixed by such permit or has otherwise failed
to complete the right-of-way work covered by such permit, the Town
shall have the right to do all work and things necessary to restore
the street and to complete the right-of-way work. The permittee shall
be liable for the actual cost thereof and 25% of such cost in addition
for general overhead and administrative expenses. The Town shall have
a cause of action for all fees, expenses and amounts paid out and
due it for such work, and the Town may also enforce its rights under
the permittee's financial guarantee provided pursuant to this article.
J.
Retroactive permits. Permits obtained retroactively after work has
been started in right-of-way through circumstances created as a result
of the subject permittee starting work before a permit is acquired
will be charged twice the rate and be subject to a fee of $1,500.
In addition, the permittee must deposit with the Town financial guarantee
with sufficient funds to correct any damage to the right-of-way and
comply with all other requirements of the permit. The amount of the
financial guarantee shall be approved by the Town.
A.
General.
(1)
No Town permit shall be issued for the erection of any structure
intended for human use or occupancy which will not be connected to
a public sewage system, or which is not served by a water supply system
meeting all the standards and requirements of Town ordinances and
approved by the Town.
(2)
No person or entity shall connect to or obtain water and/or sewer
services from the Town without first receiving a connection permit
from the Town and paying the required connection fee as established
by resolution of Town Council.
(3)
If an existing service line is abandoned and properly capped, and
a new service line is established to replace the abandoned service,
a permit is still required, but the connection fee will be waived.
(4)
For remodeling and building additions any new water connections shall
be made between the structure and water meter.
(5)
For any new structure built on a lot, which could potentially be
subdivided, each unit shall have its own water service line and meter,
unless waived by the Town Council.
(6)
Service lines may only serve one lot and may not have additional
connections serving any other lot. Where two or more lots are supplied
by the same service line, the failure on the part of either party
to comply with this article shall warrant the Town in withholding
water and sewer service until a separate water service line and required
curb stops or valves are installed by each consumer.
(7)
All new installations of water services and remodeling requiring
a building permit within the areas served by the municipal water system
of the Town of Pinedale shall require the installation of a backflow
prevention device and water meter which device must be obtained from
the Town. The device is to be obtained at the time a building permit
and water and sewer connection is issued and is to be installed at
the expense of the customer. All new water meters shall be installed
in a meter pit located on the subject property, near the property
line. All expenses associated with the installation, including but
not limited to cost of the water meter, proper backflow, labor, materials
and equipment, shall be at the expense of the landowner.
(8)
All yard hydrants shall have a backflow prevention device, approved by the Town, placed between the yard hydrant and the Town water service. Existing yard hydrants not having such approved backflow prevention device shall be retrofitted with such a device or removed at the direction of the Town at the property owner's expense. A failure to remove a noncompliant existing yard hydrant after direction by the Town may result in water service being shut off by the Town. Any disconnection shall follow the procedure set by the Town Construction Standards and by Chapter 460. The Town shall approve any backflow device used in all water systems.
B.
Application. The application shall include the existing utilities
and the locations of the proposed water and sewer services. The application
shall purchase the water meter when paying for the water and sewer
connection.
C.
Review. Out-of-Town applicants will require review and approval of
the water and sewer connection application.
D.
Inspection. The water and/or sewer connection shall be inspected
by the Town prior to backfill. The water meter pit installation shall
be inspected by the Town prior to backfilling the connection. The
water meter will also need to be programmed by the Town at the time
of installation.
