[Amended 1982 by Ord. No. 97; 8-23-2010 by Ord. No. 461; 8-28-2017 by Ord. No.
615]
[Amended 2-8-2021 by Ord. No. 680]
After completing the requirements of Article IV of this chapter, the subdivision process shall commence by a subdivider filing an application for preliminary acceptance on a form provided by the Town. Said application shall be filed with the Director of Engineering and Zoning in accordance with the standards and other provisions of this chapter. A preliminary plat shall be filed within 90 days of the sketch plan review meeting per § 400-17. Failure to submit a preliminary plat within 90 days of the sketch plan review meeting will require the applicant to recomplete the requirements of Article IV of this chapter, including the fee payment requirement. The preliminary plat shall be considered officially filed when it has been examined by the Director of Engineering and Zoning, has been found to be in general compliance with the formal provisions of this chapter and an application acceptance letter has been issued to the subdivider from the Director of Engineering and Zoning.
The preliminary plat shall show, on a map, all of the facts
needed to enable the Town Council to determine whether the proposed
layout of the land in a subdivision is satisfactory from the standpoint
of public interest. These facts shall include, but not be limited
to, the proposed location and line sizes of sewer and waterlines,
paving widths, street and area drainage, and soil characteristics.
The preliminary plat shall be prepared by a Wyoming licensed
engineer or surveyor. The preliminary plat shall be clearly and legibly
drawn. The size of the map shall be 24 inches by 36 inches. The preliminary
plat shall be submitted to the Town in both a digital format, and
as 10 hard copies.
The preliminary plat shall contain the following information:
A.
Description:
(1)
Proposed name of the subdivision. The name shall not duplicate, be
the same in spelling or alike in pronunciation with any other recorded
subdivision.
(2)
Names of adjacent subdivisions and owners of adjoining parcels of
unsubdivided land;
(3)
Names and addresses of the subdivider, owner and engineer;
(4)
Location by section, township, range, town, county, state; and
(5)
Names of streets within both the preliminary plat and all adjoining
plats.
B.
Existing conditions:
(1)
Boundaries of the subdivision indicated by a heavy line and the approximate
acreage;
(2)
Locations of utilities including sewer lines, waterlines, manholes,
fire hydrants, power lines, gas lines and communication lines, and
with line sizes included for sewer and waterlines;
(3)
Location, widths and names of existing or platted streets, rights-of-way,
easements, parks, permanent buildings, section and corporate lines;
(4)
Zoning districts, if any; and
(5)
Soil characteristics and grades of slopes.
C.
Proposed conditions:
(1)
Proposed locations of utilities, including sewer lines, waterlines,
manholes, fire hydrants, power lines, gas lines and communication
lines, and with line sizes included for sewer and waterlines;
(2)
Proposed paving width and street drainage;
(3)
Proposed zoning district(s);
(4)
Location and principal dimensions of all proposed streets, alleys,
rights-of-way, easements, parks, sections, corporate lines, lot lines,
wetland delineations, FEMA flood zone and any other areas to be reserved
for public or private use; and
(5)
Provisions for stormwater disposal, drainage and flood control.
D.
Survey data:
(1)
Existing contours with intervals of not more than 10 feet where the
slope is greater than 5% and not more than two feet where the slope
is less than 5%. Elevations are to be based on a sea-level datum;
(2)
Drainage channels, wooded areas, power transmission poles and lines,
and any other significant items shall be shown; and
(3)
Vicinity sketch.
E.
Drafting of plat:
(1)
Date of preparation;
(2)
Revision date(s), if any;
(3)
Scale of map;
(4)
North point;
(5)
Legend, if any;
(6)
General notes;
(7)
Certificate of owner;
(8)
Certificate of surveyor;
(9)
Certificate of acceptance;
(10)
Certificate of Town Clerk;
(11)
Mayor, or designee, approval;
(12)
Certificate of mortgagee, if applicable; and
(13)
Proposed covenants and restrictions, if applicable.
A.
The Director of Engineering and Zoning shall provide the subdivider with an application acceptance letter upon receipt of the plat and copies as described in § 400-20.
B.
Upon transmittal of the application acceptance letter, the Director
of Engineering and Zoning shall distribute the plat to the entities
listed below for study and recommendation, for which they have 30
days to provide their feedback. Feedback from the following reviewers
shall be provided to the Director of Engineering and Zoning, the subdivider,
and the Planning and Zoning Commission prior to hearing.
(1)
The Town Attorney;
(2)
Town Engineer and/or designated third-party engineer, as applicable;
(3)
Wyoming licensed surveyor;
(4)
The Town Clerk-Treasurer;
(5)
Sublette County Unified Fire;
(6)
Each company or agency furnishing public utilities;
(7)
Department of Public Works; and
(8)
Such other official, body, company or state or federal agency as
may be directed by the Town.
C.
Planning and zoning.
(1)
Upon transmittal of the application acceptance letter, the Director
of Engineering and Zoning shall schedule a hearing before the Planning
and Zoning Commission at a date no less than 45 days from the date
of the transmittal of the application acceptance letter and publish
notice of the date and time thereof at least 10 days prior the hearing
date.
(2)
The subdivider shall provide notice of the Planning and Zoning hearing
to all property owners within 140 feet of the extreme limits of the
proposed subdivision, as their names appear on the Sublette County
tax records. This notice shall be made by certified mail, return receipt
requested. Notice is considered complete upon mailing a copy of the
notice, the list of property owners receiving the notice, and proof
of mailing being submitted to the Town no less than 10 days prior
to the hearing.
A.
The Planning and Zoning Commission shall review the preliminary plat at the hearing. After consideration of the information presented at said hearing, the Director of Engineering and Zoning shall provide a staff report which shall include the input from the entities named in § 400-22B, and that of the Planning and Zoning Commission, and make a recommendation to the Town Council. The Planning and Zoning Commission may make a recommendation if all outside agencies have not returned their completed reviews.
B.
The Town Council shall schedule a hearing concerning final approval
of the preliminary plat. The Town Council shall cause notice of the
hearing to be published on the Town website at least 15 days prior
to the hearing.
C.
A matter may be tabled only once by the Planning and Zoning Commission
and only once by the Town Council, and then only with the consent
of the subdivider. If the application fails due to defects in the
plan it may be brought back to the Planning and Zoning Commission
or the Town Council once defects are corrected.
D.
The subdivider has the right to postpone any action for up to a combined
total of six months.
A.
The Town Council shall determine whether the preliminary plat shall
be approved as presented, approved with modification, or disapproved,
and shall give notice to the subdivider in the following manner:
(1)
If approved for construction, the Mayor shall affix his or her signature
to the plat, attach thereto a notation that it has received preliminary
approval, and return it to the subdivider for compliance with final
approval requirements.
(2)
If approved with modifications or disapproved, the Mayor shall attach
to the plat a statement of the reasons for such action and return
it to the subdivider.
B.
The Town Council may vote on a conditional approval of the plat without
outside agency reviews completed in order to avoid project disruption
if a problem arises from an outside agency.
C.
In any case, a notation of the action taken and the requisite reasons
therefor shall be entered in the records of the Town Council.
Approval of the preliminary plat by the Town Council shall not
constitute final acceptance of the subdivision by the Town Council.
Preliminary approval shall confer upon the subdivider the right,
for a one-year period from the date of approval, that the general
terms and conditions under which the preliminary approval was granted
will not be changed. The subdivider must then comply with final approval
requirements. Construction of the improvements required for final
approval may be commenced upon preliminary approval subject to the
other requirements set out in this chapter or other Town ordinances.
Proper permits shall be obtained and provided to the Town prior to
performing any work on site.
A All design and construction drawings to be used by the subdivider in order to carry out development of improvements as shown on the preliminary plat and as required by Article XII, Required Improvements, and including any other types of construction deemed necessary by the subdivider or Town Council, such as, but not limited to, lot grading, riprapping, diking, ditching or channelization, shall be subject to Town approval before any construction is started.
A.
Such design and construction drawings shall be subject to the review
and approval of the Town Engineer, or third-party engineer selected
by the Town. The Town Council may, in its discretion, require the
subdivider to make appropriate changes in the drawings before construction
commences.
A.
Responsibility of professional engineer of record.
(1)
The professional engineer doing the inspections shall make periodic
written reports to the Town Council and shall appear at any Council
meeting when requested by the Town Council for the purpose of discussing
and reporting on the construction of the required improvements. The
professional engineer shall be required to provide the Town with a
certified final report stating that he or she has made all necessary
inspections of the required improvements; and that they have been
constructed in accordance with all applicable Town requirements, ordinances,
and approved construction drawings. The engineer of record shall further
certify that the as-built drawings accurately represent the construction.
Two certified copies of as-built drawings shall be submitted to the
Town along with the professional engineer's final report.
(2)
The professional engineer shall sign all of his or her reports and
be responsible for all statements or representations made therein.
Failure of the professional engineer to submit a timely final report
as required by this chapter shall prohibit the Town Council from taking
any action to approve the final plat in those situations where the
required improvements are constructed prior to final plat approval.
Where a subdivider has elected to record the final plat prior to constructing
the required improvements, but has posted a surety bond to guarantee
completion of the required improvements, the surety shall not be released
and may be called if the professional engineer does not timely provide
his final report with all required representations and certifications.
B.
Third-party engineering involvement.
