[Code 1992, § 18.04(4); Ord. No. 07-07, § 1, 8-30-2007]
It is the intention of the city council to discourage the division
of lands other than as subdivisions, but where such divisions are
made in compliance with existing city, town, county and state laws,
the following provisions shall apply:
(1) Procedure. The divider shall file a certified survey map with the
plan commission, which shall have not more than 40 days to review
and approve, approve conditionally or reject. The divider shall be
notified in writing of any conditions of improvement or reasons for
rejection.
a. Sanitary sewerage and stormwater system.
(2) Requirements. The division of the land shall comply with the provisions
of this chapter relating to general requirements, division standards
and required improvements. Prior to approval of the division of land,
final plans and specifications for the sanitary sewer, water main,
storm sewer and other land improvement plans and specifications shall
be reviewed by the city engineer.
(3) Payment. If such improvements cannot physically be installed at this
time, the owner shall place in escrow the amount of money necessary
to install such improvements at a future date. The amount to be placed
in escrow will be determined by the city engineer and will be representative
of the unit prices being bid for such improvements at the time the
certified survey is approved.
(4) Mapping. The certified survey map shall be prepared by a land surveyor
registered in the state and shall contain the following information:
a. All corners shall be monumented in accordance with W.S.A., § 236.15(1)(d).
b. The map shall be prepared in accordance with W.S.A., § 236.20(2)(a),
(b), (c), (e), (f), (g), (h), (j), (k) and (l), and shall be prepared
on durable white paper 8 1/2 inches wide by 14 inches long. All
lines shall be made with nonfading black ink on a scale of not more
than 500 feet to an inch.
c. The map shall include the affidavit of the surveyor who surveyed
and mapped the parcel and shall be typed, lettered or reproduced legibly
with nonfading black ink, giving a clear concise description of the
land surveyed, bearings and distances from a corner marked and established
in the U.S. Public Land Survey. Such affidavit shall include the statement
of surveyor to the effect that he has fully complied with the requirements
of this section.
d. The map shall be filed by the divider and recorded with the register
of deeds.
(5) Payment to the park fund. Payments shall be made to the park fund
as follows:
a. The divider shall be required to pay to the city a fee as specified in this subsection with such fee being placed in the park fund which shall be used as specified in section
54-4:
1. Four hundred dollars per new residential lot created.
2. Two hundred dollars per new commercial lot created.
b. Payment shall be made in a lump sum, or 50% may be paid at the time
of final land approval and the balance paid within one year thereafter,
on the condition that a performance bond by a surety company authorized
to do business in the state and approved by the city attorney is simultaneously
filed with the city clerk.
c. Where a lot or parcel has been previously created and a payment has
been made, then if the lot or parcel is further divided, payment shall
be required only for the additional parcels or residential lots created.
(6) Professional fees. Costs incurred by the plan commission and/or council
in retaining legal, planning, engineering and other technical and
professional advice in connection with the review of subdivisions,
plats or other land divisions shall be charged to the applicant. The
applicant shall be notified if costs will be incurred.
[Code 1992, § 18.04(5)]
Each condominium project shall be reviewed on the basis of a condominium plat prepared pursuant to W.S.A., § 703.11, and other applicable statutes, as well as these land division and subdivision regulations as a plat or certified survey map for the land development or subdivision elements of the project. Procedures outlined in section
66-36 shall apply to city review of condominium project plat.
[Code 1992, § 18.04(6)]
The city engineer or the city building inspector may require
the owners of the adjoining property who have sold or exchanged parcels
of land between themselves so as to effect a lot line adjustment to
furnish evidence that the resulting lots have not been reduced below
the minimum sizes required by this chapter, the city zoning ordinance
or other applicable laws or ordinances. The evidence shall be in the
form of either a plat of survey or a point of the area marked to show
the new lot line stakes and the dimensions of the resulting lots,
stamped by a registered land surveyor, and that the new lot line has
been staked on the ground by the registered land surveyor. Such evidence
shall be submitted no later than 30 days following the written request
therefor made by the city engineer or city building inspector to the
owners. No person shall sell or exchange parcels of land between adjoining
property if additional lots are created without complying with this
chapter or if the lots resulting are reduced below the minimum sizes
required by this chapter, the city zoning ordinance or other applicable
laws or ordinances.