7.1.1

Purpose

This Chapter is intended to create comprehensive standards for the subdivision of land within the jurisdictional boundaries of the City of Douglas. These standards are adopted for the following purposes:

• To ensure compliance with the applicable legal requirements for the division of land under Wyoming State Statutes;

• To ensure that all divisions of land evaluate and provide for safe and convenient siting and construction of buildings, structures, and uses;

• To ensure that development of the City will occur in an orderly, efficient, and integrated manner;

• To ensure that land is divided into blocks, lots, and tracts at a size and configuration that will allow for efficient construction and operation of the intended use(s);

• To ensure that buildings and structures will be in harmony with the physical characteristics of the land;

• To provide adequate spaces for transportation improvements, drainage and drainage facilities, open spaces and parks, public lands, light, and air;

• To ensure that divisions of land incur the burden of siting, designing, and constructing all public improvements necessary to minimize the impacts of such development to existing infrastructure;

• To implement the City of Douglas Master Plan; and

• To create a regulatory system for maintaining an accurate record of land divisions, which should also serve to protect the financial investment and property interests of existing and future residents within the City of Douglas.

7.1.2

Authority

The provisions of this Chapter are hereby adopted by the City of Douglas pursuant to requirements of the Wyoming State Statutes, including, but not necessarily limited to, Wyo. Stat. §15-1-512, §15-1-601 to -611, and §34-12-101 to -115.

7.1.3

Applicability

This Chapter shall apply to all divisions of land, including subdivisions, replats, plat amendments, and other actions resulting in the creation of new lots, parcels, and/or tracts or the reconfiguration of existing platted lots, parcels, and/or tracts.

7.1.4

Procedural Requirements

All applications requesting approval of a division of land shall comply with the applicable requirements of Chapter 3, Application and Review Procedures, of this Code. Chapter 3 includes provisions pertaining to pre-application procedures, application submittal requirements, review and referral procedures, notice requirements, approval criteria, public hearings, and post hearing requirements. Chapter 3 also includes procedures for amending previously approved subdivision applications.

7.1.5

Requirement to File a Plat for Recording

Approved final plats, including replats, plat amendments, and condominium and townhome plats, shall be filed in the records of the Converse County Clerk and Recorder's Office. All plats shall be filed with the County Clerk and Recorder's Office within one (1) year from the date in which the plat, replat, plat amendment, condominium plat, or townhome plat was approved by the City Council or authorized City official. If an approved plat, replat, plat amendment, condominium plat, or townhome plat is not filed within one (1) year of receiving final approval from the approving authority, the approval shall be void and the plat shall not be filed for recording until a new approval is granted by the applicable approving authority in accordance with the requirements of this Code.

7.1.6

Compliance with Regulations

All subdivisions of land shall conform to all applicable statutory provisions, the City of Douglas Municipal Code, and requirements of this Code use. Under no circumstances shall lots, tracts, or parcels be created in a manner that will result in non-compliance with the use, density, and dimensional standards of the respective zoning district(s), as regulated in Chapter 4, Zoning, and Chapter 6, Use-Specific Development Standards, of this Code. In addition to the requirements of this Chapter, the design and layout of subdivisions shall also comply with the requirements of Chapter 5, General Development Standards, of this Code.

7.1.7

Vested Rights

The recording of an approved final plat shall be considered a specific plan for development for the subject property for the purposes of securing vested rights.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 41, 5-22-2017)

7.2.1

General

The process of subdividing land can often require multiple applications ranging all the way from the more conceptual sketch plan stage to the more detail-specific final plat stage. Additional subdivision can also occur even after the final platting stage in the form of replats, final plat amendments, condominium plats, and townhome plats. Each of the subdivision processes are described below and are further defined and regulated under the procedural requirements of Chapter 3 of this Code.

7.2.2

Sketch Plans

The sketch plan is the first step in the subdivision process for larger, more complex, and/or multi-phased subdivisions and typically precedes final development zoning (if land is being annexed) or rezoning (if the land is already within the City's boundaries, but requires rezoning to allow for the proposed development). The sketch plan process is a conceptual-level analysis of the feasibility and design qualities of a proposed development based upon the development standards of this Code. Sketch plan applications are required to examine the feasibility of the proposed division of land, including review of the following:

• The schematic design and layout of the proposed development;

• The ability to provide adequate services and utilities;

• The ability to minimize the existing and potential impacts of geological hazards;

• The ability to preserve and minimize impacts to environmentally sensitive areas;

• Vehicular and pedestrian circulation; and

• General conformance with the City Master Plan.

The requirement to obtain approval of a sketch plan shall be at the discretion of the Community Development Department Director, except as otherwise required in Section 3.20.1.4.B of this Code pertaining to annexations containing ten (10) or more acres. The application and review procedures for a sketch plan are pursuant to the requirements of Section 3.2 of this Code.

7.2.3

Preliminary Plats

The preliminary plat process is typically the second subdivision-related step, following approval of a sketch plan, in the division of land process for larger or more complex projects and can also serve as the first subdivision-related step in the approval process for more moderately-sized and less complex divisions of land. The provisions of Chapter 3 of this Code allow a subdivider to move directly to the final platting process if the application for final plat approval addresses all of the requirements for both a preliminary plat application and a final plat application. This option should generally be reserved for only very small or simple subdivision applications that would not be benefitted by additional review and public hearings and where the subdivider is prepared to commit to the final design and detail of a final plat application.

The purpose of the preliminary plat is to provide an in-depth analysis of the proposed subdivision, including a refinement of the design and layout due to geologic hazards, environmentally sensitive areas, public and utility services, vehicular and pedestrian circulation, and with respect to existing and approved adjacent land uses. The preliminary plat process will evaluate the preliminary block, lot, and tract design and configuration as well as provide the City Engineer with an opportunity to review preliminary engineering designs for the subdivision.

Any person proposing to subdivide real property within the incorporated boundaries of the City of Douglas may elect to make an application for approval of a preliminary plat. Any subdivision that creates property boundaries or interests in real property shall comply with the procedures for preliminary plat if such approval is sought by the subdivider prior to making a formal final plat application.

If preliminary plat approval is not sought, a subdivider shall prepare a final plat application that combines and complies with the procedural requirements of both a preliminary plat and a final plat pursuant to Section 3.5 of this Code.

7.2.4

Final Plats

The final plat process is the last step in the process of subdividing land. The final plat process is designed to allow the Community Development Department, City Engineer, and City Council an opportunity to review the final block, lot, and tract design and layout and final engineering plans, subdivision improvement agreement, financial assurances, covenants, and any other documents, reports, or studies that support an application for approval of a proposed subdivision.

Any subdivision that creates property boundaries or interests in real property shall receive prior approval of a final plat, replat, or plat amendment, as applicable. If a subdivider has not obtained preliminary plat approval prior to making an application for approval of a final plat, then the subdivider shall prepare a final plat application that combines and complies with the submittal and procedural requirements of both a preliminary plat application, pursuant to Section 3.5, and a final plat application, pursuant to Section 3.6, of this Code.

7.2.5

Replats

The replatting process generally involves two actions: 1) vacation of a portion of the final plat where the change is proposed to occur or vacation of an entire recorded final plat where all or a majority of lot lines will be changed, and 2) approval of a new final plat. These actions can be reviewed and approved concurrently under the replatting process. Replat applications shall comply with the final plat and replat procedures in Section 3.6 of this Code if such replat would result in the creation of an additional lot, tract, or parcel or would add or remove a plat note or restriction. All replats that do not result in the creation of an additional lot, tract, or parcel or would not add or remove a plat note or restriction shall be considered a final plat amendment, as discussed below in Section 7.2.6, and shall be subject to the procedural requirements of either Section 3.7 or 3.8 of this Code.

7.2.6

Final Plat Amendments

Final plat amendments shall be defined as either major or minor. A major final plat amendment is any amendment to an approved final plat that would result in any of the following:

• A change to legal description of the land included within the final plat;

• An increase in the number of approved lots;

• A decrease in the amount of approved open space;

• A request to add or remove a plat note or restriction; or

• A change in the provision of public improvements or a material change to the design of such improvements, as determined by the Community Development Department Director.

Examples of a major plat amendment include, but are not limited to, a vacation and re-plat of an approved final plat that would not result in the creation of an additional lot, tract, or parcel and would not add or remove a plat note or restriction. Major final plat amendment applications shall comply with the procedures in Section 3.7 of this Code.

A proposed amendment to an approved final plat that would not result in a major amendment to a final plat shall be considered a minor final plat amendment. Examples of a minor plat amendment include, but are not limited to, vacation of an interior lot line (a.k.a., combination of lots) and lot line adjustments. Under no circumstances shall the creation of additional lots, tracts, or parcels (e.g., re-platting 2 existing lots into 3 lots, re-platting 3 existing lots into 3 lots and a tract, etc.) or the additional or removal of plat notes or conditions be applied for, reviewed, and approved as a minor final plat amendment. Minor final plat amendment applications shall comply with the procedures in Section 3.8 of this Code.

7.2.7

Townhome and Condominium Plats

Townhome and Condominium plats are utilized as a way of further dividing the legal interests of a lot, tract, or parcel into townhome or condominium units. The townhome and condominium plat processes are designed to allow the Community Development Department, City Engineering, and City Council an opportunity to review the final design and layout of the townhome or condominium units and associated common area(s) as well as any new or modified final engineering plans, subdivision improvement agreements, financial assurances, covenants, or any other documents, reports, or studies that support a condominium or townhome plat.

An application for approval of either a townhome or a condominium plat shall be submitted, reviewed, and approved pursuant to the requirements of Section 3.9 of this Code.

(Ord. No. 967, § 42, 8-10-2015)

All plats or other documents filed for the purposes of compliance with this Chapter shall meet the following naming and numbering standards:

7.3.1

Plat Naming

Plats, including preliminary plats, final plats, replats, and amended plats, shall be named pursuant to the following naming standards. Waivers to the following naming standards shall be reviewed and approved by the entity having final approval authority over the respective plat (e.g., City Council or Community Development Department Director).

A.

Initial Plat has Right to Use
The first plat submitted to the Community Development Department for review shall have exclusive right to use the name of such plat throughout the platting process. Any secondary or subsequent plat submitted to the Community Development Department for review shall be required to utilize a different name, which plat names for final plats shall follow the name established by the preliminary plat or the MU-PUD (Mixed Use — Planned Unit Development) zoning district. Changes to the proposed plat name after development application submittal, unless requested by City staff, shall be reviewed and final action taken by the Community Development Department Director.

B.

Duplicate and Confusing Naming Prohibited
The name of a plat shall not be approved if the name duplicates or could be confused with the name of a subdivision of record or with a plat under current review by the Community Development Department.

C.

Multiple Filings within Same Preliminary Plat or PUD
Multiple plat filings within the same preliminary plat shall utilize sequential filing numbers consistent with the name of the preliminary plat, unless the various filings represent distinctly different land uses under the same MU-PUD development plan (e.g., residential and commercial).

D.

Replat
Replat names shall be consistent with the name of the original final plat filing unless the land includes acreage from more than one final plat, and characterized by an alphabetic descriptor after the filing number, and shall reflect consistency with the order of the original filing. Replats that include acreage from two or more final plats within the same preliminary plat shall retain the subdivision name and shall be designated with the next available filing number. Replats that include acreage from two or more final plats from two or more preliminary plats (shall require naming different from any of the respective preliminary or final plats and shall be designated as "Filing 1" of the new subdivision.

7.3.2

Street Naming

A.

Approval
All street names shall be reviewed and approved by the Community Development Department Director.

B.

Road Name Changes
Applications for road name changes for existing roads shall be submitted to the City Public Works and Utilities Department for review and approval or denial.

7.3.3

Lot Numbering

A.

Sequential Numbering
Lot numbering within a block of a final plat filing shall follow a sequential numbering pattern. Lot numbers shall not be repeated within the same block of the final plat filing.

B.

Lot Numbering for Vacations or Replats
A vacation or replat of lots or tracts shall conform to the following standards:

i.

Vacating a Common Lot Line

When vacating a common lot line between two (2) lots, the next sequential number in the block shall be used as the new lot number.

ii.

Replatting with Fewer Lots

When replatting three (3) lots into two (2) lots, the next sequential number in the block shall be used as the new lot number.

iii.

Adjustment to Common Lot Line

When adjusting the common lot line between two (2) lots, the next sequential number in the block shall be used as the new lot number.

iv.

Replatting Entire Subdivision Filing

When replatting an entire subdivision filing, all replatted lots shall be numbered consecutively starting with the number "1."

C.

Tract Labeling
Tracts within a final plat filing shall be labeled as "Tract" followed by a consecutive letter designation beginning with "A". Tracts shall be further identified by the purpose of the tract (e.g., Open Space) which shall be placed in parentheses immediately after the tract label.

7.3.4

Addressing

A.

Address Assignment
Assignment of numeric addresses is the responsibility of the Community Development Department.

B.

Address Correction
Corrections to addresses shown on a final plat shall be reviewed and approved by the Community Development Department Director.

7.3.5

Survey and Monumentation Standards

A.

Survey Control Datum
A City wide Survey Control System has been established by the City of Douglas, through its City Engineer, known as the City of Douglas Survey Control System Datum of May, 2009. This system was established consistent with the Wyoming State Plane Coordinate System, East Zone, NAD 1983 datum for horizontal coordinates and NGVD 1988 datum for vertical elevations. The City Engineer will maintain copies of this Control System and related mapping of the Control Points associated with the system, and make copies available at no charge to surveyors and engineers performing work in the City.

Survey work in the City of Douglas done in connection with plats or engineering projects submitted to the City shall be performed in relation to the City of Douglas Survey Control System. All Subdivision Plats submitted to the City shall incorporate the following information:

i.

Horizontal coordinates and vertical elevations consistent with the City Control System shall be shown on the plat for two (2) adjacent boundary corners of the subdivision perimeter, one of which shall be the Point of Beginning of the legal description of the subdivision boundary. Horizontal coordinates shall be designated as "North" and "East" as determined by the survey made for the subdivision, accurate to two (2) significant figures.

ii.

For the Point of Beginning of the plat perimeter, the convergence angle (accurate to five (5) significant figures), and the combined factor (accurate to six (6) significant figures) related to the State Plane Coordinate of the Point of Beginning shall be shown on the plat.

B.

Survey Closure Requirements
An accurate and complete boundary survey shall be made of the land to be divided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground must close within a limit of one foot to 10,000 feet of perimeter. Boundaries shall be clearly indicated on the plat.

C.

Lot Dimensions and Distances
Bearings and angles and lengths shall be given for all lot lines. In cases where a lot line is a common line, only one set of figures, adjacent to the line described, need be given if the lot descriptions are given to the same bearing, not a reverse bearing. If table data is used, each individual lot shall be separately described giving all bearings and angles and lengths, ensuring that each lot close by data provided and a table shall be included on the same page as the plat. All bearings and lengths on the plat shall close to within plus or minus 0 degrees, 01 minute.

D.

Curved Boundaries
Sufficient data shall be given on curved boundaries and all curves on a plat to enable the reestablishment of curves on the ground. Curve data shall include: (1) central angle; (2) radius; and (3) arc length.

E.

Monumentation

i.

Subdivision corners shall be set with three and one-quarter-inch diameter brass caps. These monuments will be set prior to the recording of the plat in the office of the county clerk, and marked as follows:

1.

Subdivision corners shall show the name of the surveyor, or the company making the survey, and the license number of the surveyor making the survey or certifying the survey.

2.

All PLSS corners shall be properly marked for identification as to location as per Wyoming Statutes and rules and regulations of the Wyoming Board of Registration for Professional Land Surveyors, shall be referenced if subject to destruction, and again shall show the proper identification and license of the certifying surveyor. A corner record shall be recorded as per Wyoming Statutes and rules and regulations of the Wyoming Board of Registration for Professional Engineers and Professional Land Surveyors. A copy will be provided to the city upon recordation.

ii.

Block and lot corners, points of tangency (PTs) and points of curve (PCs) of all curves shall be marked by an iron pin not less than five-eighths inch in diameter and not less than twenty-four inches in length, with a brass or aluminum cap not less than two and one-half inches in diameter securely fastened to the top, unless otherwise impractical. These monuments will be set prior to the recording of the plat in the office of the county clerk unless approved by the city surveyor.

iii.

With approval from the City Engineer, subdivision corners for minor boundary adjustments may be monumented with an iron pin not less than five-eighths inch in diameter and not less than twenty-four inches in length with a brass or aluminum cap not less than two and one-half inches in diameter securely fastened to the top.

iv.

With approval from the city surveyor, subdivision corners for replats may be monumented with an iron pin not less than five-eighths inch in diameter and not less than twenty-four inches in length with a brass or aluminum cap not less than two and one-half inches in diameter securely fastened to the top.

v.

All monuments set under subsections i, ii, iii, and iv shall show the name of the surveyor, or the company making the survey, and the license number of the surveyor making the survey or certifying the survey.

F.

Supplemental Information to Submit with the Plat
Closure sheets (DMD or equivalent) for the external boundary and blocks of the subdivision, including the computed acreages for the entire subdivision, shall be submitted for review and approval prior to recording the plat.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 1034, § 1, 10-9-2023)

7.4.1

Purpose

The intent of this section is to establish uniform standards for the layout and design of subdivisions. The City's objective in regulating the physical configuration of land divisions is to ensure the safe, efficient, and logical use of land and extension of public services and facilities.

7.4.2

Applicability

The following standards shall apply to all preliminary plats, final plats, replats, major and minor final plat amendments, condominium plats, and townhome plats.

7.4.3

Waivers

Full compliance with the standards in this Section shall be required unless a waiver is approved by the City Council, in approving a preliminary plat, final plat, replat, condominium plat, or townhome plat, or any major amendments to such subdivision applications, or by the Community Development Department Director, in approving amendments to any such subdivision applications. In reviewing and approving a waiver of any standard in this Section, the City Council or Community Development Department Director, as appropriate, shall find one of the following conditions exist:

• Strict compliance with the standard is technically impossible and a suitable design alternative has been proposed by the applicant and such design alternative is consistent with the intent of this Code; or

• Strict compliance with the standards would cause the applicant to incur an unreasonable hardship and a suitable design alternative has been proposed by the applicant and such design alternative is consistent with the intent of this Code.

7.4.4

Block, Lot, and Tract Layout and Design Standards

A.

Compliance with Zoning Density and Dimensional Standards
All divisions of land shall comply with the density and dimensional standards of the respective zoning district, as provided in Chapter 4 of this Code.

B.

Block Standards
The lengths, widths, and shapes of blocks shall conform to the following standards:

i.

Separation of Differing Land Uses and Zoning Districts

Blocks shall be used to separate distinctly different land uses and zoning districts.

ii.

Vehicular and Pedestrian Access and Circulation

Blocks shall be laid out and designed to provide for convenient and safe vehicular and pedestrian access and circulation. All accesses and internal streets shall be sized and constructed pursuant to the requirements of Section 5.10, Streets, Alleys, and Sidewalks, in Chapter 5, General Development Standards, of this Code. The final decision to approve a roadway design shall be based upon the following:

• The relationship of the designed roadway to existing and approved roadways and adjacent land uses;

• The ability of the roadway design to properly mitigate erosion hazards; and

• Conformance with City design criteria pertaining to acceptable grades, drainage impacts and improvements, curve dimensions, and other similar factors.

iii.

Topography and Natural Features

Blocks shall be laid out with respect to the existing topography, soils, vegetation, and other natural features.

iv.

Block Lengths and Pedestrians

Block lengths shall not exceed one thousand five hundred (1,500) feet between roadway intersections. Any requests to design a block having a length in excess of 1,500 feet shall include a mid-block pedestrian crosswalk. The alignment and design of a mid-block crosswalk shall be obvious and shall not in any way be screened from view by available on-street parking, buildings, landscaping, or any other visual impediment.

C.

Lot Standards
Lot design and layout shall conform to the following standards:

i.

Buildable Lots

Lots shall be buildable lots, unless specifically approved and restricted by plat note.

ii.

Lot Area and Dimensions

a.

Conformance with Applicable Zoning District

The minimum area and dimensions of lots shall conform to the requirements of the applicable zoning district.

b.

Adequate Buildable Area Required

Lots shall have sufficient buildable area to reasonably accommodate the allowed uses. Buildable areas shall be excluded from easements unless otherwise approved by the easement holder, and shall not encroach into natural hazard areas unless the natural hazards are mitigated as required by this Code.

c.

Lot Area Adequate to Accommodate Parking

Lot area shall be adequate to allow for the provision of necessary parking facilities for the allowed uses.

d.

Corner Lots and Building Setbacks

Corner lots shall accommodate the required setback on both frontages, which may require extra lot width.

e.

Minimum Frontage to a Public Street

Lots shall have a minimum of 30 feet of frontage on and have access from an existing or approved public street unless access to such lots has otherwise been approved by the City Council from a private alley. The design and construction of all private alleys shall comply with the requirements of Section 5.10.3.C of this Code.

f.

Side Lot Lines at Right Angles

Side lot lines shall be substantially at right angles or radial to street right-of-way lines.

g.

Irregular or Wedge-Shaped Lots

Irregular or wedge-shaped lots shall have sufficient width at the front setback line to accommodate construction of a principal structure that is in compliance with the respective side setback dimensional requirements.

iii.

Double Frontage Lots

a.

Double Frontage Restrictions

Double frontage lots are discouraged except where essential to provide a separation of residential properties from arterial roads or incompatible uses, or where access is not allowed to one of the roads. All double frontage lots within the same subdivision shall be configured and developed with a consistent front yard orientation.

b.

Access to Double Frontage Lots Restricted

Access for double frontage lots shall be taken from the lowest classification roadway providing access to the lot and not from perimeter collectors, arterials, or expressways. A statement dissolving any right of access to collectors, arterials, and expressways shall be included on any plat proposing double frontage lots.

iv.

Flag Lots

a.

Only Allowed Where Other Options Impractical

Flag lots shall only be used where other lot layouts are physically impractical.

b.

Not Used to Avoid Public Road or Utilities Construction

Flag lots shall not be used as a means of avoiding the construction of public roads or the extension of utilities.

c.

Shared Access

Flag lots shall be required to share access where inadequate frontage exists for multiple accesses in accordance with the access requirements of this Code.

d.

Minimum Pole Width

Flag lot poles shall be a minimum of 30 feet in width.

e.

Maximum Pole Length

The length of the flag lot pole shall not exceed the length of the longest side of the flag portion of the flag lot.

f.

Pole Not Included in Lot Area

The area of the pole of the flag lot shall not be included in the lot area in meeting the minimum lot area requirements. Where the pole is irregular or wedge shaped the Community Development Department Director shall determine where the flag pole is measured to.

v.

Division of Lots by Boundaries and Man-Made or Natural Features

a.

Roads or Other Lots

Lot shall not be divided by a road, alley, or another lot or tract.

b.

Municipal, City or Zoning District Boundary

Lots shall not be divided by a City boundary or zoning district boundary.

c.

Lots Divided by Irrigation Ditch, Stream or Drainage Facility

Lots should not be divided by an irrigation ditch, stream, or drainage facility unless a bridge or crossing is built to provide vehicular or pedestrian access to both sides.

d.

Lots Divided by Easements

Lots should not be divided by easements. Drainage easements which are located so as to bisect a lot shall only allowed where no reasonable alternative to the drainage plan exists.

D.

Tract Standards

i.

Building Permits

The construction of buildings or structures within a tract shall be prohibited unless such construction allowance is depicted or otherwise authorized by notation on a final plat approved by the City Council.

ii.

Not Subject to Minimum Lot Size Requirements

Where a tract is not to be used for structures, the tract is not required to meet the minimum lot size requirements of the zoning district.

iii.

Areas to Be Shown

Tract area shall be identified on the final plat in both square footage and acreage.

iv.

Minimum Frontage

Tracts shall have a minimum of 30 feet of frontage on and have access from a public street or have access from a public street via an access easement.

v.

Park and Open Space Tracts

a.

Dimensions

Tracts for parks or open space shall be of sufficient size to reasonably accommodate the intended use and/or existing environmentally-sensitive area(s).

b.

Adequate Area for Recreation Required

Tracts for parks and schools shall have suitable areas for active or passive recreation facilities.

vi.

Tracts Not Divided by City or Zoning District Boundary

Tracts shall not be divided or otherwise bisected by the City of Douglas municipal boundary or by zoning district boundaries.

vii.

Public and Common Areas in Tracts

Land intended to be conveyed or reserved for common homeowner or public use, except lands to be dedicated as rights-of-way, shall be located within a tract.

7.4.5

Site Suitability and Environmental Considerations

A.

Topography
Topography shall be considered when siting and evaluating the platting of lots for the purpose of allowing construction of structures and buildings. Under no circumstances shall building sites be located on land having a slope of 30 percent or greater.

B.

Natural Landscape
The ability to preserve and enhance the natural landscape and existing vegetation of any land proposed for subdivision shall be considered during the design and review of a division of land.

C.

Geology and Soils

i.

Geology and Soils Report Required

All preliminary plats that are submitted for review shall include and be supported by geology and soils report. A less detailed modified report may be acceptable, at the discretion of the Community Development Department Director, at the preliminary plat or final plat stage if a full report was previously provided and accepted at the sketch plan stage. All geology and soils reports shall be prepared by, or under the direction of, a professional geologist.

ii.

Report Requirements

The following concerns shall be fully addressed in the geology and soils report. If any of these items are addressed in other reports, reference may be made to the appropriate reports.

a.

Mapping of Test Hole Locations

The locations of all test holes and other specific sources of subsurface information should be indicated on the map and on any sections that are submitted with the geology and soils report, or, if none are submitted, in the text of the geology and soils report.

b.

Information

The geology and soils report should include information pertaining to the following:

• Location and size of subject area and its general setting with respect to major geographic landforms and geologic features;

• Source of geologic mapping upon which the report is based and the data of preparation;

• Any other kinds of investigations made by the geologist and, where pertinent, reasons for doing the work;

• Location and characteristics of exposed earthen materials within the area; and

• Source and preparation date of subsurface information.

c.

Description of Geologic Conditions

All geology and soils reports shall include a brief but complete description of the topography, natural materials, and structural features recognized or otherwise inferred within the reporting area. Interpretations that are made for the purpose of supplementing direct observations shall include language indicating the basis for making such interpretations. The following checklist may be useful as a general, though not necessarily complete, guide for descriptions:

1.

Surface Water and Groundwater

Geology and soils reports shall contain the following information regarding surface and groundwater:

• Distribution and occurrence (e.g., rivers, streams, ponds, swamps, springs, seeps, subsurface basins);

• The relationship between surface waters and existing topography;

• Relations to geologic features (e.g., previous strata, fractures, faults);

• Source and potential permanence; and

• Evidence of earlier occurrences of surface water in areas that are currently dry.

2.

Significant Geologic Features

Geology and soils reports shall clearly describe any significant geologic features, including:

• Areas of accelerated erosion;

• Areas indicating subsidence or settlement;

• Areas that present characteristics of downslope creep; and

• Areas having deposits created by floods.

3.

Mineral Deposits

Geology and soils reports shall contain brief description of mineral deposits including the types, location and value of mineral deposits within the reporting area.

4.

Potential Impacts of Geologic Factors on the Proposed Subdivision

Geology and soils reports shall contain an assessment of the potential impacts of the identified geologic factors on the proposed subdivision. The assessment shall address the following:

• General compatibility of natural features with the proposed subdivision;

• Prediction of what materials and structural features will be encountered;

• Recommendations for positioning of fill masses, provision for underdrainage, and special protections against erosion;

• Recommendations for subsurface testing and exploration; and

• Any other additional recommendations regarding areas to be left in a natural state, removal of slide masses, flood protection and mitigation, and position of structures in relation to natural features.

D.

Drainage

i.

General

All drainage systems internal to a subdivision shall be designed in a manner that maintains historical flow patterns, preserves the carrying and retention capacities of all downstream systems, and appropriately preserves the natural character of the area. The release rate, flow, and location of drainage systems shall be designed to prevent property damage commonly associated with runoff peak flow and velocity increases, diversions, concentration and unplanned ponding of storm runoff.

ii.

Drainage Report Required

All sketch plans, preliminary plans, and final plat applications shall include a drainage report meeting the requirements of Section 5.3, Drainage, Grading, and Erosion Control, in Chapter 5, General Development Standards, of this Code.

iii.

Drainage Standards

In addition to the requirements of Section 5.3 of this Code, all lots and tracts shall be laid out so as to provide positive drainage away from ally building sites. Siting and design of drainage internal to a subdivision shall be coordinated with external drainage and flood control systems. All over-lot grading shall be designed and maintained consistent with the natural drainage characteristics of the site.

iv.

Easements and Maintenance

Standards for drainage easements in association with a final plat are included in Section 7.4.5.H below. Provisions shall be included with each final plat that detail the maintenance obligations for all drainage easements and facilities. A notation shall be included on the face of the final plat map identifying such maintenance responsibilities and providing notice of right-of-entry to conduct maintenance activities.

v.

Detention Ponds in Tracts

All final plats requiring construction and maintenance of an on-site detention pond shall depict the location of such detention pond(s) within a tract and shall identify such tract as "Tract _(insert alphabetical value)_ (Drainage and Detention Pond)."

vi.

Drainage Improvements

The construction of all required downstream improvements shall be the responsibility of the subdivider. The following drainage improvements shall be considered and, if actually required, shall be designed, constructed and inspected in conformance with the Douglas Floodplain Ordinance and/or the particular specifications as required by the city engineering department. Improvements include, but are not limited to:

a.

Curb, gutter, and sidewalks;

b.

Valley gutter and cross-pans;

c.

Ditching, channelization, or construction of other surface drainage structures;

d.

Inlets, drop boxes, piping, or construction of other underground drainage structures; and

e.

Underdrains, groundwater piping and other structures.

Drainage improvements shall be designed and constructed pursuant to the following:

• Surface drainage structures and features (curbing, pans, inlet ponds, etc.) shall be oriented and designed to direct or channel the anticipated runoff for the total build-out of the project;

• All significant channels and piping shall be designed to handle the anticipated flows for the twenty-five (25) year storm and runoff event; and

• If the above design parameters indicate a substantial increase in runoff over those historic patterns and concentrations, additional detention basins and increased channel protection and stabilization measures may be required.

E.

Vehicular and Pedestrian Circulation

i.

Vehicular Circulation

All division of land shall comply with the following standards to ensure safe, convenient, and effective vehicular circulation within:

a.

Internal Circulation

The design, location, and sizing of all rights-of-way, streets, alleys, and limited-access roadways shall comply with the requirement of this Code. The plan for internal circulation within a subdivision shall be evaluated in light of natural conditions such as topography, landforms, soils, vegetation, relationships with existing or planned external roadways, and the physical requirements of the uses and development types proposed for the subdivision.

b.

Right-of-Way Dedication and Public Roads

All divisions of land, including all lots and tracts therein, shall be served by public roads. All public roads shall be located within a dedicated public right-of-way meeting the requirements of Section 5.10 of this Code. Final decision by the City Council to accept right-of-way dedication and roadway designs shall be based on the roadways relationship to existing and proposed development, erosion factors, and conformance with design criteria pertaining to grades, drainage, curve dimensions, and other such factors.

c.

Additional Right-of-Way Required

Right-of-way easements in excess of the required right-of-way specified in Section 5.10 of this Code may be required if a proposed subdivision includes topographic, soil or vegetation conditions that require additional right-of-way width in order to provide maintainable cut-and-fill slopes. Roadway alignments and associated right-of-ways shall avoid, whenever possible, slopes exceeding a 3:1 ratio.

d.

Alleys and Limited Use Roadways

Any subdivision bordering an existing alley or unimproved limited access road that proposes to utilize the alley or road as a point of primary access may be required to dedicate additional right-of-way to accommodate the improved access and may be responsible for paying for the construction of such improvements. The construction of alleys and limited use roadways shall conform to the requirements of Chapter 5 and Chapter 8 of this Code.

e.

Emergency Access

All subdivisions shall be required to provide a minimum of two (2) points of emergency access from outside the subdivision. A waiver of this requirement may be approved for single cul-de-sac subdivision.

ii.

Private Roads

a.

General

Private roads shall normally be confined to closed loops and dead-end roads not likely to be needed for the convenience and safety of the general public.

b.

Private Roads Require Waiver

The use of private roads shall be limited and shall only be allowed by approval of the City Council in approving a final plat that depicts, describes, and provides construction design details for proposed private road. In approving a private road, the City Council shall require the subdivider to enter into a Private Road Maintenance Agreement and/or create covenants requiring maintenance of the private road by the owners of lots within the subdivision. A notation referencing the Private Road Maintenance Agreement and/or subdivision covenants shall be included on the face of the final plat.

c.

Private Roads to Meet City Standards

Private roads shall be constructed and maintained pursuant to the requirements of this Code, except as otherwise approved by the City Council in approving the private road. Private roads that have been approved by the City Council shall be deemed to comply with the access and frontage requirements of this Code as if the private roads were public roads.

d.

Private Roads Posted and Identified

Private roads shall be posted and identified on the plat.

iii.

Dead End Streets

Dead end streets are discourage and shall only be utilized where absolutely necessary in order to provide access to a public street.

a.

Maximum Number of Lots on Dead-End Street

No more than ten (10) lots shall be allowed to front and take access from a dead-end street. A corner lot is not counted in the maximum number of lots on a dead-end road when the fire department determines that adequate emergency access is provided to the corner lot by another street.

b.

More than Ten (10) Lots on a Dead End Streets

Where more than ten (10) lots would front and take access to a dead-end street, a second means of access shall be provided. The second access shall be either a public street or an emergency access located within an easement and shall be specifically designed and constructed for such purpose.

c.

Maximum Length of Dead End Streets

The maximum length of a dead-end street shall be 1,500 feet as measured from the edge of right-of-way at the nearest intersection to the edge of -right-of-way at the end of the dead end street.

d.

Extension of Dead End Streets for Future Access

The City Council may require extension of internal dead-end street to the subdivision boundary in order to facilitate access to an adjacent property or properties and to provide a continuous and cohesive circulation system.

iv.

Requirement for Additional Roadway Improvements

In the event that the increases in vehicular trips attributable to a new subdivision will cause the carrying capacity of external roads to be exceeded, the developer may be required to construct additional improvements such as widening, overlay and drainage improvements to the impacted roadways. The design and construction of such improvements shall comply with the requirements of Chapters 5 and 8, respectively. Developers may also be required to participate with other adjacent entities in the construction of additional public improvements such as alternate access roadways, frontage roads or interconnecting links to provide looping circulation for normal and emergency access.

v.

Repairing and Upgrading Roadways Degraded by Subdivision Construction

If the actual construction of a subdivision or structures within the subdivision will produce abnormal wear or damage to the external roadway system, the developer shall be required to repair and/or upgrade the impacted roadways upon completion of construction or at such times as may be required for public safety and convenience. Improvements may include reconstruction, regrading, patching, seal coating, bituminous overlay and striping.

vi.

Ingress and Egress

Points of intersection between internal and external circulation systems shall be in compliance with the requirements of this Code and shall be arranged so that both systems function in a safe, convenient, and efficient manner. No direct access shall be provided between lots abutting an existing or proposed expressway or arterial roadway in a proposed subdivision or development. Access to arterial roadways shall be in accordance with the guidelines, regulations, and design requirements of the State of Wyoming Department of Transportation.

vii.

Street Signs

The individual proposing a subdivision shall be responsible for providing sufficient street signs and informational signs to promote orderly traffic patterns, to identify elements of the subdivision, and to insure the safety of pedestrians and drivers. All such signs shall be in conformance with and shall comply with the most current United States Department of Transportation Manual on Uniform Traffic Control Devices (MUTCD). Installation of street signs shall be coordinated with the City of Douglas Public Works and Utilities Department and shall occur prior to construction of any structure or upon opening the respective street to vehicular traffic.

viii.

Pedestrian Circulation

a.

General

Integration with the existing and future city pedestrian system and with the systems of adjacent developments is required.

b.

Pedestrian and Non-Vehicular Easements

Non-buildable easements shall be established, as applicable, for the following uses:

• Pedestrian trails, paths, and/or sidewalks;

• Bicycle trails and/or paths;

• Landscaped visual buffer zones required pursuant to Section 5.5 of this Code;

• Areas necessary to secure riverbank protection;

• Snow removal storage;

• Rear yard access; and

• Private utilities.

F.

Unsuitable Building Areas — "No Build" Areas
Areas within lots or tracts which reflect one or more of the following characteristics shall be deemed unsuitable for building and shall be identified as no build areas on the plat:

• Areas having slopes greater than 30 percent;

• Areas of identified or designated geologic, soil, or natural hazards provided that the limitations cannot be overcome through specialized engineering design;

• Areas within the l00-year floodplain as reflected on FEMA Flood Insurance Rate Map (FIRM), within proposed boundaries as reflected in LOMR/CLOMR, or as determined by a flood study as approved by the Community Development Department Director acting as the Floodplain Administrator; and

• Areas within easements, without the permission or release from the beneficiary of the easement.

G.

Utility and Drainage Easements

i.

Utility Connection, Construction, and Easements

a.

Connection

All proposed subdivisions located within the incorporated boundaries of the City of Douglas shall be required to extend utilities to the proposed subdivision, including all proposed lots and buildable tracts. Divisions of land located more than one-quarter (¼) mile from the nearest point of water or wastewater interconnect, as measured from the closest point of the division of land boundary to the nearest water or sewer main having capacity to serve the subdivision, may request approval of a waiver from the requirement to connect. The City Council, in approving a waiver of the requirement to connect to the City water and wastewater system, shall find each the following:

• The burden to the owner or developer of the subdivision in extending City water or sewer service outweighs the benefit to the future residents or operators in the subdivision;

• Any future need to connect the subdivision to the City's water or sewer system will not require the use of public funds to extend such services; and

• The use of an onsite well or onsite wastewater system will not result in a detrimental impact to adjacent properties, groundwater quality, or existing City services.

b.

Construction

The construction of utilities shall comply with the requirements of Chapter 8, Construction of Public Improvement and Utilities, of this Code.

c.

Location

All subdivisions shall provide utility easements within alleys, front yard setbacks, or within tracts designated for open space or in conjunction with pedestrian pathways, if necessary. Utility service shall be provided and maintained to all lots within a subdivision. All easements, except for easements within an alley, shall be located within fifteen (15) feet of the back of the street curb or within ten (10) feet from the edge of the right-of-way where no curb exists or is proposed to exist. Easements for utilities serving mobile home subdivisions shall be provided in the rear yard of the mobile home park spaces.

d.

Easement Widths

Unless otherwise required by a utility provider, the standard width for utility easements shall be five (5) feet along side lot lines and 7 feet along rear lot lines. If a rear lot line does not abut another rear lot or if the rear lot line is also the perimeter boundary of the subdivision, then the required easement width shall be a minimum of 10 feet unless otherwise required by a utility provider.

e.

Utility Easements Combined with Drainage Easements

Where easements are combined with a water course, drainage way, channel, or stream, an additional utility easement of at least 10 feet in width shall be provided if the use would be in conflict with drainage requirements or wetlands.

f.

Rights of Utility Provider

Easements for the installation and maintenance of utilities, including, but not limited to, electric lines, gas lines, telephone lines, water lines, and sewer lines, shall include the right of the utility provider to trim interfering vegetation and a perpetual right of ingress and egress for utility installation, maintenance, and replacement.

g.

Approved by Utility Companies Providing Service

Utility easements shall be approved by utility companies serving the project or the beneficiary of the easement.

h.

Shared Utility Easements

Shared use of a given easement is encouraged to minimize the number of easements.

i.

Free of Conflicting Encumbrances

Easements shall be free from conflicting legal encumbrances, avoid unnecessary removal of trees or excessive excavations, and be reasonably free from physical obstructions.

j.

Blanket Utility Easements Prohibited

Blanket utility easements shall be prohibited. Existing blanket or undefined easements shall be defined or located on the ground. If an easement already of record cannot be definitely located, a statement of the existence, the nature of the easement, and its recorded reference shall be placed in the note section.

k.

No Structures Over Easements

No structure or obstruction may be erected in, placed on or extend over an easement unless approved in writing by the entity or entities having jurisdiction over the easement.

l.

Easements Used for Stated Purpose

Easements shall only be used for stated purpose as shown on the recorded plat.

ii.

Drainage Easements

a.

General

A drainage easement shall be provided if a proposed subdivision is traversed by a watercourse, drainageway, channel, stream, water supply ditch, or canal. The easement shall exclude the right to make improvements of the type which would interfere with runoff. Dedication shall include a right to access if necessary. The minimum width and length of a drainage easement shall be based upon the size needed to adequately accommodate channels and piping designed to handle the anticipated flows for the twenty-five (25) year storm and runoff event. Under no circumstances shall a drainage easement be smaller than fifteen (15) feet wide.

b.

Requirement for Additional Easement Width

Additional easement width may be required to accommodate floodway designations, flood-control measures, and/or drainage detention facilities.

c.

Drainage Easements Required Outside Subdivision Boundaries

When a proposed drainage system will carry water across land outside the division of land, appropriate drainage rights and easements shall be secured.

d.

Drainage Easements Required for Runoff Leaving Roadside Ditch

Drainage easements shall be established for runoff which enters private property from a roadside ditch.

e.

Drainage Easements Not Counted in Gross Land Area

Drainage easements shall not be computed into the gross land area of a subdivision when calculating subdivision densities or other lot area calculations.

H.

Landscaping and Reseeding Standards
All subdivisions and subsequent construction activities within a subdivision shall comply with the landscaping and reseeding requirements, including requirements necessary to provide adequate soil stabilization in order to ensure proper erosion control, in Chapter 5 of this Code.

(Ord. No. 967, § 42, 8-10-2015)

7.5.1

General

A.

Applicability

i.

Final Plats

All final plats approved after the effective date of these regulations shall be required to dedicate land or pay to the City of Douglas fees in-lieu of land dedication in order that adequate open spaces and sites for public use may be property located and preserved as the City develops and in order that the cost of providing such public sites and facilities may be equitably apportioned by individual subdivisions based upon the additional need created by such subdivisions.

ii.

Replats

All replats or other resubdivision actions creating an additional lot(s), tract(s), or parcel(s) approved after the effective date of these regulations shall be assessed for public land dedication similar to final plats.

B.

Calculation of Amount of Land Dedication
The amount of land to be dedicated in a subdivisions shall be computed by calculating the net developable land area within the plat (exclusive of proposed or existing streets and public lands) in each residential zoning district and determining the maximum number of developable dwelling units in the subdivision. The number of allowable dwelling units shall then be multiplied by 3.0 persons per dwelling unit to determine the potential population of the area. One (1) acre of land shall be dedicated for every two hundred (200) persons of potential population.

C.

Credit for Private Open Space
Private open space that is provided with a final plat for park and/or recreational purposes may be credited against the land dedication requirements for the same final plat if the City Council finds the following:

• The public interest will be adequately served;

• The open space land is reasonably suited for park and/or recreational purposes;

• Adequate written assurances have been submitted that the open space will be improved in a timely fashion for the park or recreational use for which the land is intended;

• Long-term preservation of the open space, including the operation and maintenance of the site, has been provided for via a written agreement; and

• A public park or recreation function, as applicable, other than that proposed by the subdivider is not needed to address an existing deficiency of such facilities in the area.

D.

Use and Location of Dedicated Land
Land dedicated pursuant to the requirements of this Code shall be reasonably functional for the intended public use and shall be located convenient to the people to be served by the use. The City Council shall have the authority to request an alternate parcel of land for dedication if the land proposed for dedication is not suitable or if the character or location of the land is not consistent with City of Douglas Master Plan.

E.

Dedication by Warranty Deed at Time of Filing of Plat
Dedications of land both on site and off site to be used for public uses and owned by the City, a public agency, special district or other corporate entity that are required by this Code, including lots, tracts, or parcels for open space, parks, schools, public safety facilities, or drainage facilities or where reversionary interests will exist shall be dedicated by warranty deed in favor of the City of Douglas or other corporate entity approved by the City Council to receive the land dedication at the time the plat is filed for recording with the Converse County Clerk and Recorder. Prior to recording the final plat, the applicant shall provide said warranty deed to the Community Development Department and the City Attorney for review and approval. The legal description contained in the warranty deed shall be prepared by a licensed surveyor in the State of Wyoming.

F.

Dedicated Land Free of Encumbrances
The title associated with the dedicated land shall be free and clear of any and all liens and encumbrances, including real property taxes prorated to the time of conveyance as evidenced by a current title insurance policy in the City's name, a certified survey, and a certificate from the Converse County Treasurer's Office proving that current taxes, prorated to the date of deed transfer, have been paid at the time of conveyance.

G.

Indemnification to be Provided for City
If fee title interest in a lot, tract or parcel for open space, parks, schools or drainage facilities is to be dedicated to the City by warranty deed or where reversionary interests will exist , the property owner shall indemnify the City from any and all damages, claims, losses, injuries and expenses including attorney's fees related to or arising out of the presence of solid waste, hazardous materials, or petroleum products whether known or unknown, including, without limitation, any cleanup costs for said materials. The indemnification shall be in a form and manner acceptable to the City Attorney.

H.

Land Dedication Specific to Property
Land dedications required by this Code are not personal, but rather are specific to the property proposed for subdivision. Dedication requirements are not transferable to other divisions of land unless otherwise expressly authorized by the City Council.

7.5.2

Disposition of Dedicated Lands

The disposition of lands dedicated during the development review and permit process shall be governed by Wyoming State Statute.

7.5.3

Payment of Fees in Lieu of Land Dedication

If application of the land dedication calculation standards in Section 7.5.1.B above results in an unusable amount of land dedication acreage or if the City Council determines that suitable public uses cannot be properly sited in the area within the respective final plat or replat, then the payment of a fee in-lieu of land dedication shall be required. The amount of the fee shall be the current, fair market value of the required land dedication acreage. The current fair market value of the acreage shall be determined by averaging the value of all acreage within the final plat or replat, as appropriate, and shall be based upon the value of the unimproved and undeveloped land. The value of the fee to be paid in-lieu of land dedication for a specific final plat or replat, as applicable, shall be established by the City Council at least 10 but not more than 25 business days prior to recording the final plat or replat in the records of the Converse County Clerk and Recorder's Office.

7.5.4

Dedication of Right-of-Way

A.

Dedication of Right-of-Way Required
The owner of land within a proposed subdivision shall dedicate the entire right-of-way for roads, trails, and other public improvements associated with the division of land in accordance with standards in this Code. Dedications shall be shown on the plat and meet the general dedication requirements of this Code.

B.

Subdivisions Adjoining an Existing Roadway
The owner of land within a proposed subdivision adjoining an existing roadway right-of-way shall be required to dedicate one-half (½) of the required additional right-of-way.

C.

Dedication of Half of Road Right-of-Way

The dedication of one-half of a required road right-of-way is only allowed by approval of the City Council where written evidence is provided by the owner identifying that the owner is unable to secure the entire right-of-way.

D.

Dedication Modified When Not Proportional to Impact
Dedication requirements may be modified where the City Council determines that the dedication is not roughly proportional to the impact caused by the subdivision.

7.5.5

Dedication of Easements

A.

Easements Depicted on Plat
Final plats shall depict all existing and proposed easements. Existing easements shall bear notation of dedication or conveyance by recordation information.

B.

Owner Required to Dedicate Easements
The owner of land within the final plat shall dedicate or deed easements required by this Code or to serve the division of land with utilities and other required services, or those easements that may be requested by public agencies including, but not limited to:

• Avigation easements;

• Trail easements;

• Open space and scenic easements;

• Utility easements;

• Wetlands or wetlands mitigation easements; and

• Conservation easements.

C.

Shown in Standard Form
Easements shall be clearly labeled, identified, dimensioned and tied to reference points within the division of land and be shown by fine dashed lines. The beneficiary of and maintenance responsibility for easements shall be designated and the disposition thereof indicated by notation on the face of the plat.

D.

Temporary Easements
Any temporary easement depicted on a plat shall include a trigger event and subsequent action for relinquishing or otherwise vacating the easement.

7.5.6

Common Homeowner Land

A.

Homeowners Association Required
For a divisions of land that includes easements or tracts to be used for common facilities including common open space or areas, private roads, detention facilities, water facilities, water augmentation obligations, landscaping or other features requiring maintenance, the owner shall establish an HOA or other entity approved by the City Attorney to be responsible for the maintenance. Prior to recording the final plat for any subdivision with maintenance requirements, the applicant shall provide the appropriate legal documents (e.g., covenants, articles of incorporation, bylaws, maintenance agreements, etc.) necessary to create the HOA or other entity and to place maintenance responsibility on said HOA, other entity, or the individual lot owners to Community Development Department and the City Attorney for review and approval.

B.

Conveyance of Common Homeowner Land
Easements, lots or tracts to be owned and maintained by the HOA shall be dedicated by both a statement on the final plat and warranty deed. A plat note concerning the responsibility for ownership and maintenance of the easements or tracts shall be included on the face of the final plat.

(Ord. No. 967, § 42, 8-10-2015)

7.6.1

Agreements

The platting and development of a subdivision pursuant to the provisions of this Code often triggers requirements for public improvements, including, but not limited to, roads, parks, and drainage facilities. The construction of public improvements by a subdivider shall be secured via a subdivision improvements agreement (SIA). Where the subdivision of land is not necessary prior to the development of a particular property, the developer may be required to enter into a development improvement agreement (DIA) with the City to guarantee construction of public improvements. Development improvement agreements are typically, but not exclusively, required in association with rezoning or Type B or B-LSR Development Plan applications. Both types of improvement agreements, SIA and DIA, are intended to ensure that new development is responsible for mitigating the impacts created by the development to public services and facilities. A third type of development agreement, which is known as a deferred development agreement, may be used to defer the development of required infrastructural improvements in commercial, business and industrial zones when it is deemed by the City Council to be in the best interest of the City to do so. All subdivision improvement agreements, development improvement agreements, and deferred development agreements shall be submitted to the Community Development Department and the City Attorney in a form acceptable to the City Attorney.

7.6.2

Financial Assurance Estimate and Security

All subdivision improvement agreements and development improvement agreements shall be supported by a financial assurance estimate representing one hundred percent (100%) of the cost of constructing the required improvements and security, in a form acceptable to the City Attorney, in the amount of the financial assurance estimate. All financial assurance estimates shall be submitted to the Community Development Department and City Engineer for review and acceptance prior to scheduling the associated application for public hearing.

7.6.3

Release of Security

Financial security provided by a developer for the purpose of securing the construction of public improvements shall be released by the City upon inspection and formal acceptance by the City of the respective public improvements. Phased release of financial security may be available provided that the developer supplies the City with replacement or supplemental financial security to secure construction of the individual public improvements that have not been inspected and formally accepted by the City.

7.6.4

Public Improvements

When appropriate, the following public improvements shall be required as part of a subdivision development and shall be designed, constructed, and inspected according to applicable criteria and procedures. In unique circumstances, the City Engineer may require specific design criteria to be met to insure the usability of the improvements.

• Street construction and surfacing;

• Street resurfacing;

• Curb and gutter installation;

• Drainage improvements;

• Curb cuts and driveway aprons;

• Sidewalks or other pedestrian ways;

• Parks;

• Bridge construction;

• Landscaping;

• Installation of street signs, striping, etc.; and

• Installation of metal street light poles and lights.

The construction of public improvements shall comply with the requirements of Chapter 8, Construction of Public Improvement and Utilities, of this Code.

(Ord. No. 967, § 42, 8-10-2015)