Accessibility Statement

Chapter 16 Article 05 Platting Procedures and Requirements

Article 16-5

PLATTING PROCEDURES AND REQUIREMENTS

Sections:

16-501             Sketch Plat.

16-502             Preliminary Plat.

16-503             Final Plat.

16-504             Repealed.

16-505             Plat Corrections.

16-506             Replats.

16-507             Approval of Minor Subdivisions.

 

16-501       Sketch Plat.

            (A) Prior to the submission of a Sketch Plat application, the subdivider shall schedule a meeting with the Planning Department, who shall coordinate a meeting with other City Departments, to discuss and determine the procedures and requirements for filing the Sketch Plat.

            (B)  Once the procedures and requirements are determined, the subdivider shall submit a Sketch Plat application, a list of property owners within 200 feet, two 24” x 36” printed copies and one pdf of the Sketch Plat drawing.  The Sketch Plat drawing shall contain the following information:

                        (1)  The Sketch Plat shall indicate the layout of streets and lots, street connections, and the phasing of the development. 

(2)  A drainage plan shall be submitted which adequately illustrates how the 25-year flow will be handled in the subdivision.  The drainage plan must indicate how drainage within the Sketch Plat will match up with drainage of adjacent properties.  The manner in which each lot will drain must also be shown.  Subdivision drainage may be managed with such measures as retaining walls, alleys or easements.

                        (3)  Availability of public water and sewer.  A plan indicating the proposed location and sizing of water and sewer lines shall be provided.

                        (4)  Zoning requirements on the property.

                        (5)  Requirements of the Comprehensive Plan for land use, arterial and collector streets, schools, parks, and other public open space.

                        (6)  The location and extent of any floodplains.

            (Ordinance 2014, 3/20/12)

            (C)  After receipt of a complete Sketch Plat submittal, the Planning Department shall submit copies to the Utility Review Committee for their review and shall request that comments be returned within 10 days.  Members of the Utility Review Committee who do not return comments within 10 days will be considered to be in support of the application.

            (D)  The Planning Department shall schedule the application for review and consideration at the next regular meeting of the Commission once the application is considered complete.

            (E)  At least seven days prior to the date of the Commission meeting at which the Sketch Plat is to be reviewed, the Planning Department shall, from information provided by the subdivider as part of the Sketch Plat submittal, notify the property owners within 200 feet of the proposed subdivision of the time and date of the Commission meeting.

            (F)  The Commission shall review the Sketch Plat at a public meeting.  The purpose of the Sketch Plat 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 Planning Department or other agencies other than to offer appropriate comments on the proposal.

            (G)  The Planning Department shall provide to the applicant, all comments received from the public, agencies, staff and the Commission.  These comments shall be incorporated into the Preliminary Plat.

(98-05, Amended, 06/16/1998; 97-01, Amended, 02/04/1997; Ord. No. 2007-05, 3/06/2007)

 

 16-502      Preliminary Plat.

      (A) Following receipt of the written Sketch Plat comments, a Preliminary Plat application may be prepared and submitted.  The lot layout of the Preliminary Plat shall substantially conform to the Sketch Plat.  The Preliminary Plat shall consist of a drawing, prepared and certified as to its accuracy by a registered land surveyor licensed in the state of Wyoming, and accompanying materials and information as required by these regulations.  The application form shall be signed by all property owners of record of all property located fully or partially within the boundaries of said Preliminary Plat.  Two 24” x 36” printed copies of the Plat drawing and one pdf of the Preliminary Plat application and drawing shall be submitted by the subdivider.   The Planning Department shall review the application for completeness and conformance with the Preliminary Plat submittal requirements.  If the application does not conform to the submittal requirements, the application will be deemed as incomplete, the subdivider will be notified and the application will be returned. (Ord. No. 9210, 5-5-92; Amended Ord. 2012-04, 3/20/12; Amended Ord. 2014-05, 4/15/14).

      (B) The Preliminary Plat drawing shall be prepared at a scale of 1" = 100' or larger. The face of the drawing shall contain the following information:

            (1)  The name of the subdivision. The name shall not duplicate or too closely resemble the name of any subdivision previously filed in the County.

            (2)  Date of preparation, scale and North arrow. The top of each sheet shall represent North wherever possible.

            (3)  A vicinity map drawn at a scale of 1" = 1,000' or 1" = 2,000', showing the location of the proposed subdivision in the City and its relationship to surrounding development.

            (4)  The names, addresses, and phone numbers of the developer or subdivider, and the individual or firm responsible for the preparation of the Preliminary Plat.

            (5)  A legal description of the subdivision boundary.

            (6)  The boundary lines of the subdivision in a heavy, solid line and referenced to section or quarter section lines.

            (7)  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.

            (8)  Existing contours at a maximum interval of two feet unless waived by the Engineering Department.

            (9)  General location and extent of any significant natural features such as streams or drainage ways.

            (10)      Floodplains as delineated on maps provided by the Federal Emergency Management Agency.

            (11)      Location, dimensions, and names of existing roads, streets, alleys, railroad rights-of-way and structures within 100 feet immediately adjacent showing how they relate to the proposed subdivision layout.

            (12)      Location, size, and grades of existing sanitary and storm sewers and location and size of water mains, gas lines, pipelines, or other underground utilities or installations within the proposed subdivision or within 100 feet immediately adjacent thereto.

            (13)      Location and dimensions of all easements of record.

            (14)      Existing zoning and land use of proposed subdivision and immediately adjacent areas.

            (15)      Location and width of proposed water and sewer lines, fire hydrants, streets, alleys, pedestrian ways, easements and all necessary appurtenances.

            (16)      Layout, numbers and approximate dimensions of proposed lots and blocks. Do not number blocks; number lots consecutively. (Ord. No. 84-9, 7-84)

            (17)      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.

            (18)      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.

            (19)  The drainage plan for each lot must be shown.  Arrows indicating the direction of drainage, along with any easements or retaining wall structures must be included.

      (C) The following information and material shall be a part of any Preliminary Plat submittal and shall accompany the Preliminary Plat drawing:

            (1)  Payment of the total amount of the Preliminary Plat fee.

            (2)  A statement explaining the design and function of the water system, sewage system, paving, sidewalk, drainage systems, their compatibility with existing systems and the timing and/or phasing of installation.

            (3)  A statement describing the development and maintenance responsibility for any private streets, ways or open space.

            (4)  The recommendations of a qualified professional engineer or the affected Soil conservation District regarding soil suitability, erosion control, sedimentation and flooding problems.

            (5)  A description of the phasing and scheduling of phases for the development if the Final Plat is to be submitted in separate phases.  The subdivision shall be constructed in the order in which the phases are numbered. Phasing of a subdivision shall be valid for five years from the date of Council approval.  At the end of five years, a two year extension can be requested from the Council.  If the extension is not granted, the remaining phases shall become null and void.

            (6)  A petition for annexation to the City of Rock Springs if the land to be subdivided is contiguous to the boundaries of the City.

            (7)  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.

            (8)  A list of property owners within 200 feet of the proposed subdivision.

      (D) Deleted.

      (E) After receipt of the Preliminary Plat application, the Planning Department shall submit copies to the Utility Review Committee for their review and shall request that comments be returned within 10 days.  Members of the Utility Review Committee who do not return comments within 10 days will be considered to be in support of the application.

      (F)  Upon receipt of all agency comments, or at the end of the 10 day period, the Planning Department will summarize the agency comments, add written comments and recommendations from the Department itself, and present the material and recommendations to the Commission for its consideration.

      (G) At least seven days prior to the date of the Commission meeting at which the Plat is to be considered, the Planning Department shall, from information provided by the subdivider as a part of the Preliminary Plat submittal, notify the property owners within 200’ of the proposed subdivision of the time and date of the meeting.

      (H) The subdivider, or duly authorized representative, shall attend the Commission meeting at which the proposal is scheduled for consideration.

      (I)  The Commission shall review the Preliminary Plat in a public hearing.  A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper of the City of Rock Springs at least 15 days prior to the date of the hearing.  In its deliberations on the Preliminary Plat, the Commission shall consider oral or written statements from the applicant, the public, City Staff, and its own members.  The Commission may recommend approval, conditional approval, disapproval, or may table the Preliminary Plat.  The Commission shall notify the Council in writing of its recommendation.  Approval of a Preliminary Plat by the Commission shall remain effective for 12 calendar months from the date of approval.  A Preliminary Plat which has not received approval of the Council within 12 calendar months following Commission approval shall require approval through the Preliminary Plat process.  The petitioner may submit to the Commission a written request for a six month extension. (Ord. No. 92-18, 8-4-92).

      (J)  The Council shall hold a public hearing on the Preliminary Plat.  A notice of the time, date, place and purpose of the hearing shall be published in the official newspaper of the City of Rock Springs at least 15 days prior to the date of the hearing.  In its deliberations on the Preliminary Plat, the Council shall consider oral or written statements from the subdivider, the public, City staff, and its own members.  The Council may approve, deny, or table the Preliminary Plat.  Approval of a Preliminary Plat by the Council shall remain effective for eighteen (18) calendar months, from the date of approval.  The subdivider may apply in writing for, and the Council may for cause shown, grant a six month extension.  If a final Plat has not been submitted within this specified period, approval through the Preliminary Plat process shall be required.     

(98-05, Amended, 06/16/1998; 97-01, Amended, 02/04/1997, Ord. No. 2007-05, 02/06/2007)

 

16-503       Final Plat.

      (A) Following approval of the Preliminary Plat, a Final Plat application may be prepared and submitted.  The Final Plat shall be prepared and certified to its accuracy by a registered land surveyor licensed in the State of Wyoming.  The Final Plat and required supporting material shall conform to the design and engineering standards set forth in these regulations and to any conditions of approval specified by the Commission and the Council.  The Final Plat shall conform to the Preliminary Plat and any requirements of the Council.  Two 24” x 36” printed copies and one pdf of the Final Plat shall be submitted with the application and all required materials.  The Planning Department shall review the application for conformance with the Final Plat submittal requirements.  If the application does not conform to the submittal requirements, the application will be deemed incomplete, the subdivider will be notified and the application will be returned.

      (B) Final platting may be accomplished in phases as shown on the 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 phase of the subdivision shall be as nearly self-sustaining and complete as possible and shall by itself, or in conjunction with previous phases, 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 phases is completed, a viable development will result whether the approved phase remains or is replatted as a separate subdivision.  The subdivision shall be constructed in the order in which the phases are numbered.  Altering the phasing of the subdivision shall require resubmittal and approval of a new Preliminary Plat

      (C) The final Plat shall be clearly and legibly drawn in black ink upon mylar of .004 inch in thickness (minimum) or some similar stable base material. Required affidavits, certificates and acknowledgments shall be legibly printed on the Plat in opaque ink. The sheet size of all Final Plats shall be 24" high by 36" wide. Margins shall be 1-1/2” on the left side and 1/2" on the three remaining sides.  The scale may be reduced to 1" = 200' for subdivisions in which the minimum lot size is five 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.

      (D) Once approved, a mylar copy of the Final Plat must be submitted to the Planning Department as required.

      (E) The submitted Final Plat shall contain the notarized signatures of the owner or owners, mortgagees, or others with an equitable or legal interest in the land of whatever nature and the signature of the registered land surveyor. In addition, the mortgagees, if any, shall provide the City with a letter confirming that they are aware of the subdivision and concur with the subdivision filing.

      (F) All Final Plats shall include the following information on the face of the Plat:

            (1)  The name of the subdivision at the top center of each sheet.

            (2)  General location of the subdivision by section, township, range, county, and state, entered under the name of the subdivision.

            (3)  North arrow, date, and scale.

            (4)  Boundary lines of the subdivision in a heavy solid line.

            (5)  Legal description of the subdivision boundary based on an accurate traverse, giving bearing and linear dimensions that result in a maximum allowable error of closure of one (1) part in ten thousand (10,000).

            (6)  The location and description of the point of beginning and its proper reference to the monumented boundary survey.

            (7)  Location and description of all monuments.

            (8)  Bearings, distances, and curve data of all perimeter boundary lines indicated outside of the boundary lines.

            (9)  On curved boundaries and on all curves within the Plat, sufficient data to allow the reestablishment of the curves on the ground.

            (10)      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 one-hundredths of feet (1/100), bearings, curve data, length of radii and/or arcs of all curves.

            (11)      Drainage easements and drainage detention areas, clearly labeled as such and a note indicating the ownership and maintenance responsibility of the drainage easements and drainage detention areas.

            (12)      The names of all streets.

            (13)      All lots logically and consecutively numbered in the center of the lot.

            (14)      All dimensions shown on irregularly shaped lots.

            (15)      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.

            (16)      A notation of the total acreage of the subdivision , the total number of lots, and a breakdown of total acreage for street right-of-ways, parkland, open space, drainage detention or other public areas.

            (17)      A notarized certificate by all parties having any titled interest in or lien upon the land, consenting to the recording of the Plat and dedicating public ways, grounds, and easements. All signatures shall be in permanent, black ink.  The certificate shall read:

CERTIFICATE OF DEDICATION

      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 Rock Springs and its licensees for perpetual public use all streets, alleys, easements for the purposes designated and other lands within the boundary lines of the plat as indicted and not otherwise dedicated for public use.

(Individuals, where applicable, should add:) All rights under and by virtue of the homestead exemption laws of the State of Wyoming are hereby waived and released.

      Executed this __ day of _____ , A.D., 20___, by:___________________________________(Designation of interest:  owner, mortgagee, etc.)

                                                                              (Designation of interest: owner, mortgagee, etc.)

 

STATE OF WYOMING     )

                                          ) SS.

SWEETWATER COUNTY      )

 

      The foregoing instrument was acknowledged before me this ____ day of _____, A.D., 20_____, by: ______________ as a free and voluntary act and deed.

      Witness my hand and official seal.

      My commission expires:                          

                                                    

      Notary Public

 

      On plats containing mortgagees, add:

 

      The undersigned (name of Mortgagee), hereinafter MORTGAGEE, holds a mortgage in and to the property embraced by this subdivision plat, which mortgage was filed with the Sweetwater County Clerk in Book _________, Page ____________.  MORTGAGEE, by signature on this plat, consents to the dedication made herein and specifically releases all streets, alleys, parks, easements, open spaces and other areas dedicated to the City of Rock Springs for public use, as listed and described on this plat from the aforementioned mortgage.

 

            (18)      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 the City of Rock Springs' regulations governing the subdivision of land to an accuracy of one (1) part in ten thousand (10,000).

 _________________________ DATE____

      (Registered Land Surveyor)

      No.                

 

      STATE OF WYOMING     )

                                                )     SS.

      SWEETWATER COUNTY      )

 

      The foregoing instrument was acknowledged  before me this __ day of _____, A.D., 20      , by: ___________ as a free and voluntary act and deed.

      Witness my hand and official seal.

My commission expires:                                                                                 

      ________________________                             

      Notary Public

 

            (19)      Certificate of review of the Department of Engineering/Operations & Public Services as follows:

 

      Data on this plat reviewed this ___ day of ______ A.D., 20     by a Licensed Professional Engineer on behalf of the Department of   Engineering/Operations & Public Services of the City of Rock Springs, Wyoming.

       __________________________                                     

      Licensed Professional Engineer

 

            (20)      Certificate of approval by the City of Rock Springs Planning and Zoning commission as follows:

 

This plat approved by the City of Rock Springs Planning and Zoning Commission this __ day of ______, A.D., 20__.

       ________________________                                        

      Chairman

      Attest:

      Secretary

 

            (21)      Certificate of acceptance and approval by the City Council of the City of Rock Springs as follows:

 

Approved by the City Council of the City of Rock Springs, Wyoming, this ___ day of        , A.D., 20__.

       _________________________                                      

      Mayor

      Attest:

      City Clerk

 

            (22)      Certificate for recording by the Sweetwater County Clerk as follows:

 

This plat was filed for record in the Office of the Sweetwater County Clerk at          _______ o'clock___.m.,________20___, and is duly recorded in the Book of Plats, Page No. _______.                                                                                          

 

Sweetwater County Clerk

     

            (23) On plats containing drainage easements, add:

            Maintenance and upkeep of drainage easements will be the responsibility of the individual lot owner.  Fences, walls or footings that would impede drainage flows within those drainage easements and regarding of drainage easements shall not be permitted.

            (24)  Floodplain.

            If a subdivision lies within a 100 year flood plain, the following statement shall appear on the face of the final plat and all contracts and agreements relating to the subdivision:  “THIS SUBDIVISION IS (OR THE FOLLOWING LOTS ARE) LOCATED IN THE 100 YEAR FLOOD PLAIN AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY.”

            (25)  Mined Areas.

            If a subdivision lies over a known mined area, the following statement shall appear on the face of the final plat and all contracts and agreements relating to the subdivision:  “THIS SUBDIVISION IS (OR THE FOLLOWING LOTS ARE) LOCATED OVER KNOWN MINED AREAS.”

     

      (G) The Final Plat shall be accompanied by the total amount of the Final Plat fee and the following supporting documentation:

            (1) A Final Plat Application.

            (2) Two copies of the Drainage Report.  A Drainage Report for the site in question and all pertinent offsite areas shall be prepared by a licensed engineer or hydrologist.  The report shall examine 100 year storm flows (Q 100’s), the 100 year high-water mark of any river, creek, arroyo, gully, diversion ditch, spillway, reservoir, etc., that may in any way effect the project area, along with the depth of flow for 100 year runoff.  The watershed in all off-site areas shall be considered fully developed.  Intensities shall be for this area’s one hour 100 year term based upon two inches per hour.  Time of Concentration (TC) used in the study providing for “C” to be 0.5 or greater and the overlot flow time to gutter to be eight minutes unless adequate evidence is provided to the contrary.  A certificate shall be provided, signed, and sealed by a Registered Professional Engineer that all drainage facilities, including on site drainage facilities that convey any off site storm flows, utilizing gutters and streets, are designed and sized to handle 100% of the Q 100 runoff.

            (3) Two copies of the Soils Report.  A Soils Report for the site in question and all pertinent off-site areas shall be prepared by a licensed engineer or soil scientist.  The report shall indicate the type and location of soils using the Unified Soil Classification System, shall contain drill logs and swell consolidation curves, and shall contain a discussion of any present or potential hazards, including mine subsidence, associated with soils on the site along with measures which could be taken to mitigate such hazards.  In addition the Soils Report shall contain recommendations on subsurface area drains and peripheral drains, foundation design, erosion control measures and surface drainage.  Minimum protective slopes away from buildings shall be specified and a typical section of peripheral drain shall be shown with the upper end invert a minimum of 6” below finished grade basement floor, and laid at a minimum of 2% gradient.

            (4) Two copies of the Grading, Drainage and Development Plan.  A Grading, Drainage and Development Plan shall be prepared at a scale of 1” – 100’ or larger showing proposed right-of-ways, easements, walkways, parks, common areas, roadways, water lines and reservoirs, sanitary and storm sewer lines, manholes and treatment facilities, curbs and gutters, culverts, drains, storm water detention and retention basins, swales, ditches and other drainage devices, spot elevations of flow line of curb, high and low street points, drainage arrows, street plans, all drainage areas and acreages, all 25 year (Q 25’s) for existing developed areas adjacent to and/or flowing onto the development and on-site at each surface flow junction, storm water “pick-up” and “take-off” points designated to handle 25 year flow on the surface cross sections and high water elevations for all 25 year flows.  Spot elevations shall be given for all inverts, low points and flowing entry and exit points.

                  For residential subdivisions, all minimum building setbacks shall be shown.  No 25 year flow line shall encroach upon any minimum setback line.

                  The following standards shall be used in preparation of the Grading, Drainage and Development Plan:  25 year storm flow unless otherwise required by the adopted FIRM; pipes into which surface water flows will have a minimum diameter of 15”; a capability for handling all Q 25’s on the surface within the roadway.  Exceptions and variations to these standards must be recommended by a licensed engineer and approved by the City Engineer and City Planner.

                  In addition, for residential developments, the Plan shall be prepared in a manner that will allow the following conditions to be met prior to, or as part of, actual building construction.  If necessary, individual lot grading plans will be required prior to issuance of building permits.

                  A minimum fall of 6” in the first 10’ away from any building is required, with a maximum gradient of 21% within 4’ of the foundation and usable minimum yard area of 300 square feet with a maximum slope of 5.0%, a minimum foundation exposure above finished grade is 8”; slopes of 3:1 and steeper must be sodded and will be accepted only when the developer and engineer can show this to be the most feasible approach; driveway grades should be maintained between 9.5% and 5.0% when possible; entry walks shall not exceed 5.0%; lots should be graded at a minimum slope of 2% between the sewer flow line in the street and the finish grade first floor elevation; minimum depth of any sewer line shall be 5’.

            (5) Six copies of the Construction Plans and Details.  Copies for other reviewing agencies may be needed as required.  Construction Plans and details must be prepared by or under direct supervision of a Registered Professional Engineer in the State of Wyoming and shall provide for all improvements indicated on the Grading, Drainage, and Development Plan including right-of-way and easement cross-sections showing construction and placement of streets, walks, curbs, gutters, medians, swales, ditches, utilities, planting strips and property lines; details of hydrants, valves, manholes, pipe junctions, pumps, thrust-blocking, catch basins, etc.; street profiles showing natural and finish grades, center line and both curbs with a recommended minimum vertical scale of 1” = 60’; sanitary sewer line and manhole profiles with natural and finish grades, showing area under drains, if applicable, and the location of gravity outfall lines; storm drainage system profiles showing natural and finish grade; erosion control and revegetation details and other details as necessary to adequately convey the design intent.  Quantity take-offs shall also be provided.

            (6)  Deeds.  When required by the City, assurance that a warranty deed or other acceptable instrument conveying to the City or other appropriate public agency any public lands shown on the Final Plat and title insurance if required by the City, shall be presented to the City upon approval of the Final Plat.  The method of assurance will be approval by the City Attorney.

            (7)  Fees in Lieu of Land.  Payment of any fees in lieu of public land dedication or any initial payment and a payment schedule keyed to subdivision development.

            (8)  Title Opinion.  Evidence satisfactory to the City must be submitted showing all taxes and assessments due on the property to be subdivided have been paid in full, showing title or control of the property to be subdivided and showing the property to be subdivided as free and clear of any liens.  An attorney’s title opinion or ownership and encumbrance report from a land title company shall be considered satisfactory evidence.  Such an opinion or report shall also note any reservation for mineral rights and the existence of any mineral or oil and gas leases.

            (9) Financial Guarantee.  A contractor’s performance bond, an irrevocable letter of credit, funds in escrow or other appropriate commitment to guarantee the complete and timely development of any facilities or improvements which are the subdivider’s responsibility.  The bond shall be in an amount of 125% of the Engineer’s Cost Estimate, as approved by the City Engineer.  The Engineer’s Cost Estimate shall be submitted as part of the Final Plat submittal.

            (10)  Easements.  If the subdivider proposes to utilize adjoining property for water lines, drainage, sewer lines, power lines, or other utilities, the subdivider shall provide copies of the recorded binding easements of not less than 20’ in width for the proposed facilities from each property owner over whose land such services shall extend.  The Final Plat shall show the Book and Page number as recorded in the Office of the Sweetwater County Clerk for all recorded easements.

      (H) After receipt of the Final Plat, and determination that a complete submittal has been made, the Planning Department shall refer material to the Utility Review Committee for their review and shall request that comments be returned within 10 days.  Members of the Utility Review Committee who do not return comments within 10 days will be considered to be in support of the application.  At least seven days prior to the date of the Commission meeting at which the Plat is to be considered, the Planning Department shall, from information provided by the subdivider as a part of the Final Plat submittal, notify the property owners within 200 feet of the proposed subdivision of the time and date of the meeting.  In reviewing the Final Plat, the Commission shall consider oral or written statements from the applicant, the public, City Staff, and its own members.  The Commission may recommend approval, conditional approval, disapproval, or may table the Final Plat.  Approval of a Final Plat by the Commission shall remain effective for 12 calendar months.  A Final Plat which has not received approval of the Council within 12 calendar months following Commission approval shall be subject to the requirements of Section 16-502.  The subdivider may apply, in writing, for and the Commission may, for cause shown, grant a six month extension to the 12 month period.

      (I)   City Council Action.

            (1)  Upon being notified of the comments and any necessary approvals of reviewing agencies, the Planning Department shall forward the Final Plat, comments and approvals of reviewing agencies, pertinent supporting materials, and the recommendations of the Commission to the Council.  Incomplete Final Plats for which necessary approvals have not been secured shall not be forwarded to Council for action.

            (2)  The Council shall either approve the Final Plat or disapprove the Final Plat and notify the subdivider of the conditions to be met to gain approval.  If a disapproved Final Plat is modified and resubmitted to the Council at a later date for their consideration, the Council may require the concurrent submittal of an updated ownership and encumbrance report or title opinion.

      (J) Recording the Final Plat.

Within 180 Days of approval by the Council, the Final Plat shall be recorded in the office of the Sweetwater County Clerk.

      (K)  Alternate Approval Procedure.

            As an alternate procedure and at the request of the subdivider, the Council may approve a Final Plat and instruct the Planning Department to withhold the approved Final Plat from recording for a period of time to allow the subdivider to install all of the required public improvements according to the plans and specifications approved by the City Engineer.  This procedure, when approved by the Council, shall be in lieu of the guarantees for installation or improvements as set forth in these regulations.  An executed standard contract as approved by the City Attorney regarding installation of improvements shall be submitted with the Final Plat.  The contract shall require that all improvements be completed no later than 12 months from the date the Final Plat was approved by the Council.  The subdivider may apply in writing for, and the Council may, for cause shown, by Resolution grant a six month extension to the 12 month period.  After all improvements are inspected and approved by the Council, the Plat shall be recorded within 180 days, and the sale of lots may proceed according to the approved and recorded plat.  Building permits for structures will not be issued within the subdivision until the plat is recorded and the requirements for improvements are met.  If after receiving approval of the alternate approval procedure the subdivider chooses to submit a Financial Guarantee, the subdivider shall provide the City Engineer an Engineer’s Cost Estimate of the remaining improvements.  After approval of the cost estimate by the City Engineer, the Financial Guarantee shall be submitted and approved by the Council by Resolution and the filing of the plat shall proceed.

 

 16-504      Lot Line Adjustments and Lot                 Splits not Requiring

                  Resubdivision.

      Repealed (Ord. 2019-14, 7/16/19)

 

 16-505      Plat Corrections.

      (A) If, after the approval and recording of a Final Plat, errors are found in the language or numbers on the recorded Plat, an Affidavit of Correction stating the exact nature of the error may be recorded after submittal to and approval by the Planning Department.

(Ord. No. 2007-05, 03/06/2007; Rev. Ord. 2019-14, 7/16/2019)

 

16-506 Replats.

      (A)  For lots in a platted subdivision, a Replat may be used to combine adjacent lots into one lot, to divide one lot into not more than two lots and/or to alter lot lines, easements or other public dedications by submitting a new Final Plat drawing with the plotting arrangement revised.  All lots resulting from a replat shall be developable and shall conform to all zone district regulations and ordinances, including, but not limited to, lot size, access to street frontage, and access to public utilities.  The City Planner and City Engineer shall determine which of the required supporting documents and which of the drawing requirements of the Final Plat regulation shall be required for the Replat.  The plat shall be marked A Replat of Lots ___________________, under the name of the original subdivision and shall be processed as a Final Plat.

      (B)  If creating more than two lots or altering or vacating a platted street or right-of-way, the resulting subdivision shall be treated as a new submittal with both a Preliminary Plat and a Final Plat required.  Based on the currency of the information submitted with the original plat and the magnitude of the change(s), the Preliminary and Final Plat submittal may be processed simultaneously as outlined in this Ordinance. 

      (C)  The Certificate of Dedication on Replats shall contain a legal description of platted areas being vacated and resubdivided.  The new lots shall be designated by the smallest number of the lots being vacated unless a different designation is required by the City. 

      (D) The following supplemental information is required with all Replat submittals:

            (1)  Replat application signed by all property owners of record and all mortgagees together with the required fee.  All recording fees are payable by the applicant to the Sweetwater County Clerk.

            (2)  A Replat drawing containing all notes and other pertinent information from the face of the original recorded Plat. 

            (3)  Warranty or Quitclaim Deeds for all lots subject to the Replat which shall contain a legal description of the lot prepared by a licensed Surveyor and a copy of the Replat drawing which shall be signed and notarized. 

            (4)  A Title Report showing ownership and encumbrances.

            (5)  When creating new lots, “will-serve” letters from each utility currently serving the existing subdivision which state that the new lot will be served by the utility and that their facilities are adequate for the new lots.

      (E)  Upon receiving a complete application, the City Planner shall review the application for compliance with City Ordinances. The City Planner may refer copies of the plan to and seek comment from other officials and agencies.  Comments may be incorporated into the Replat.

      (F)  Once a complete Replat has been submitted which complies with the Ordinances and any required comments from other agencies, notice of the Replat application shall be mailed by the City Planner to each owner of property situated wholly or partially within 200 feet of the property to which the  Replat relates.  The decision of the City Planner shall be made no sooner than 10 calendar days following notification. 

      (G) Following approval by the City Planner, the applicant shall record the Replat in the Sweetwater County Clerk’s Office within 180 days.  Failure to record the Replat within 180 days shall cause the Replat to become null and void.

      (H) Once approved and recorded, the County Clerk will write or cause to be written in plain legible letters across that part of said original plat so affected by the Replat “Vacated by and Subject of a Replat recorded on Page ___ in the Book of Plats in the records of the Sweetwater County Clerk.

      (I)  If the applicant is unable to obtain approval of the Replat, the applicant may bring the matter before the Council for its consideration through the Minor Subdivision process.  (Ord. 2019-14, 7/16/2019)

 

16-507 Approval of Minor Subdivisions.

      (A)  A Sketch Plat of the Minor Subdivision shall be submitted and reviewed in conformance with Section 16-501.

      (B)  The Preliminary Plat and the Final Plat shall be submitted and reviewed simultaneously as outlined in Section 16-502 and 16-503.  The City Planner and City Engineer shall determine which supporting documentation listed in Section 16-503.G. must be submitted.  It is possible for Preliminary and Final Plats to be one and the same instrument.

 

(Ord. No. 2007-05, 03/06/2007; Rev. Ord. 2019-14, 7/16/19)


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