[Amended 8-23-2010 by Ord. No. 461; 8-28-2017 by Ord. No. 615]
Before consideration of a final plat of a subdivision, the Town Council must be satisfied that all improvements required by Article XII, Required Improvements, have been constructed. In lieu of the completion of the improvements, a bond executed by a surety company based on an estimate by the Town Engineer, or his/her designee, shall be furnished by the subdivider in an amount equal to 125% of the cost of construction of such improvements and may be accepted by the Town Council. However, the Town Council need not accept a bond in lieu of completion of the improvements. Such surety, if accepted, shall be subject to the condition that the improvements will be completed within one year of the approval of the final plat; and in the event they are not completed, the Town may proceed with the work and hold the owner and bonding company jointly responsible for the cost thereof. As an alternative, the subdivider may deposit a certified check or inevocable letter of credit with and payable to the Town in place of a surety bond, provided the Town Council accepts the same.
The final plat shall have incorporated all changes and modifications required by the Town Council; otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms to all the requirements of this chapter.
The final plat shall be prepared by a Wyoming licensed engineer or surveyor. The final plat shall be clearly and legibly drawn. The size of the map shall be 24 inches by 36 inches. The final plat shall be submitted to the Town in a digital format, with the format determined by the Town, as well as 10 hard copies.
The final plat shall contain the following information:
Name of the subdivision;
Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land;
Names and addresses of the subdivider, owner and engineer;
Location by section, township, range, town, county, state; and
Names of streets within both the current plat and all adjoining plats.
All plat boundaries;
Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described in the plat;
Municipal, township, county or section lines accurately tied to the lines of the subdivision by distance and bearings; and
Accurate location and description of all monuments.
The following shall also be submitted with the final plat.
All easements for rights-of-way provided for public services or utilities, and any limitations of such easements.
All lot numbers and lines, with accurate dimensions in feet and hundredths, and width bearings or angles to street and alley or crosswalk-way lines.
Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon.
A note shall be on the plat indicating if any covenants, conditions, and/or restrictions are applicable.
Certification from the Town Engineer, or representative designated by the Mayor, certifying that the subdivider has complied with this chapter.
Certification shall be furnished from the Town Clerk-Treasurer that all fees, taxes and assessments have been paid on the land within the proposed subdivision.
Certification shall be furnished by a licensed surveyor to the effect that the plat represents a survey made by him and that all monuments shown thereon actually exist, and that their location is correctly shown.
Certificate of owner.
Date and certification that all subdivision fees have been paid to the Town.
Required materials. After receiving notice of the action of the Town Council approving the preliminary plat, the subdivider shall proceed to file with the Director of Engineering and Zoning:
A written application for final approval;
Cross-sections and profiles of streets, and all other construction drawings related to water systems, sewer systems and streets and alleys to be constructed in the subdivision; and
Time limits. The final map shall be filed not later than one year after the date of approval of the preliminary plat; otherwise, it will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Town Council. The final plat shall be filed after it is examined by the Director of Engineering and Zoning and is found to be in full compliance with the formal provisions of this chapter.
The Director of Engineering and Zoning shall provide the subdivider with a final plat receipt letter upon receipt of the plat copies as described in § 400-31.
Distribution of plat.
Upon transmittal of the final plat receipt letter, the Director of Engineering and Zoning shall distribute copies of the plat to the entities listed below for study and recommendation.
The Town Attorney;
Town Engineer and/or designated third-party engineer, as applicable;
Wyoming licensed surveyor;
The Town Clerk-Treasurer;
Sublette County Unified Fire;
Each company or agency furnishing public utilities;
Department of Public Works; and
Such other official, body, company or involved state or federal agency as may be directed by the Town.
Each of the above-named entities has 15 days from receipt of a copy of the final plat during which to provide feedback. Feedback shall be provided to both the Director of Engineering and Zoning and the subdivider, as well as the Planning and Zoning Commission if necessary, prior to hearing.
The Director of Engineering and Zoning shall schedule a hearing before the Planning and Zoning Commission only if lot use or lot configuration has substantially changed between the preliminary plat and final plat. Engineering related changes such as, but not limited to, pipe sizes, pipe locations, and easements do not necessarily require further planning and zoning review. If a hearing is deemed to be necessary by the Director of Engineering and Zoning, it shall be scheduled for a date no less than 30 days from the distribution to the entities set out in Subsection B. The Director of Engineering and Zoning shall publish a notice of the date and time thereof at least fifteen (15) days prior the hearing date.
The Town Council shall provide for an adequate hearing concerning final approval of the proposed subdivision. The Town Council shall cause notice of the hearing to be published on the Town website at least 15 days prior to the hearing, following the Planning and Zoning public hearing.
A matter may be tabled only once at the Planning and Zoning or Town Council hearing and then only with the consent of the subdivider. If the final plat fails, the final plat may again be presented to the Town Council for consideration once outstanding items are addressed.
The subdivider has the right to postpone any action for up to a combined total of six months.
After receiving the Director of Engineering and Zoning's staff report enumerated in § 400-34, the Town Council shall notify the subdivider of any recommended changes or suggestions in order that the subdivider may correct the final drawing and resubmit the same for final approval.
The final plat, in the form of a record plat suitable to Sublette County and the Town, shall then be resubmitted at least five working days prior to the meeting at which the plan is to be considered by the Town Council. Record drawings must be completed and accepted by the Town prior to final plat approval and bond release. The Town Council shall act on the final plat within 15 days after filing, unless such time is extended by agreement with the subdivider or his agent. If no action is taken by the Town Council within 15 days after filing, or such longer period as may have been agreed upon, the final plat shall be deemed approved and it shall be the duty of the Mayor to comply with § 400-38A. Should any hearing require a special meeting of the Council, the subdivider shall reimburse the Town for all costs associated with such hearing, including publication fees and Council members' salaries.
The Town Council shall determine whether the final plat shall be approved or disapproved and shall give notice to the subdivider in the following manner:
If approved, the Mayor shall affix his or her signature to the plat and attach thereto a notation that it has received final approval and return it to the subdivider for compliance with recording requirements.
If disapproved, the Mayor shall attach to the plat a statement of the reasons for such action and return it to the subdivider.
In either case, a notation of the action taken and requisite reasons therefor shall be entered in the records of the Town Council.
The subdivider shall record the final plat in the office of the County Clerk within 30 calendar days following the date of approval. Otherwise, the plat shall be considered void. For good cause, the subdivider may ask the Mayor or Town Council for an extension of time by which to record the final plat.
The subdivider shall, immediately upon recording, furnish the Town Council with 10 hard copies, as well as an electronic copy, of the final map.