Lander City Zoning Code

4-9-4 Procedures

And Requirements For Platting

4-9-4.1 Pre-Application

Prior to the submission of a Preliminary Plat as required by these regulations, the developer shall contact the City Administration, the City Engineer/Public Works Director and any other administrative personnel or public or private agencies to determine:
1. Procedures and requirements for filing the preliminary and final plats.
2. Availability of public water and sewer and requirements when public systems are not readily available.
3. Zoning requirements on the property.
4. Transportation Plan, land use, schools, parks and other public open space as directed in the most recently adopted Master Plan.
5. The location and extent of any floodplains as shown by maps located at: FEMA’s National Flood Hazard Layer or the City Building Department.
6. Soil types and problems on the property as shown on available soil survey maps prepared by the Natural Resources Conservation Service or a professional engineer.
As part of this contract, the developer may discuss with the City Administration or any other appropriate agency his tentative proposals for the development of the property.
The developer may request that the Planning Commission review and comment on a draft plat prior to his preparation of a Preliminary Plat. The Planning Commission shall make such a review and make their comments known to the developer in writing within five (5) business days from the date of the review.
The purpose of this pre-application 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 City Administration or other agencies other than to offer appropriate comments on the proposal.

HISTORY
Amended by Ord. 1234 on 3/10/2020

4-9-4.2 Preliminary Plat

Preliminary Plats shall be submitted in an acceptable electronic format as designated by the City Administration. The Preliminary Plat shall consist of a drawing or drawings and accompanying material and information prescribed by these regulations.
The Preliminary Plat drawing(s) shall be prepared at a scale of 1" =100' or larger for subdivisions where the majority of lots are less than five (5) acres in size. The scale may be reduced to 1" =200' for subdivisions in which the minimum lot size is five (5) acres or more. The face of the drawing shall contain the following information:
1. The name of the subdivision 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.
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 address and phone numbers of the developer or developer, 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 suitable interval may be required by the City Engineer.
9. General location and extent of any significant natural features such as wooded areas, streams, drainageways, or lakes.
10. Floodplains of designated streams as delineated on maps available through FEMA’s National Flood Hazard Layer or on file with the Building Department.
11. Location, dimensions, and names of existing roads, streets, alleys, rights-of-ways and structures within and within twenty (20) feet immediately adjacent showing how they relate to the proposed subdivision layout.
12. Location, size, and grades of existing sewers, water mains, gas lines, pipelines or other underground utilities or installations within the proposed subdivision or 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 streets, alleys, pedestrian ways and easements.
16. Layout, numbers and approximate dimensions of proposed lots and blocks.
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.
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 how and when the developer proposes to install water, sewer, paving, sidewalks, drainageways, and other required improvements.
3. A statement describing the development and maintenance responsibility for any private streets, ways or open spaces.
4. The recommendation of a qualified professional engineer or the affected Natural Resource Conservation District regarding soil suitability, including corrosion hazard, 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.
6. A petition for annexation to the City of Lander if the land to be subdivided is contiguous to and, either by itself or as part of a larger tract, is completely surrounded by 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. The names and addresses of all owners of subdivided lots and un-platted land contiguous and immediately adjacent to the boundary of the proposed subdivision will be provided by the developer.
9. A subdivision application on the standard forms provided.
10. A completed Preliminary Plat checklist on the standard forms provided.
11. Information as to appurtenant water rights, including but not limited to quantity, source and applicable documents.
After receipt of the Preliminary Plat and all required supporting material, City Administration/Staff shall schedule the Plat for consideration at the next regular business meeting of the Planning Commission.
1. The following is the full explanation of the process:
  1. After receipt of the Preliminary Plat and all required supporting material, City Administration/Staff shall schedule the plat for consideration at the next regular business meeting of the Planning Commission which shall be at least within AT LEAST twenty-one (21) days from the date on which the Plat was submitted, and shall, within three (3) days transmit copies to appropriate agencies and officials for their review and comment.
  2. At a minimum, copies of the plat shall be referred to:
    1. The City Engineer/Public Works Director
    2. The City Building Inspector
    3. Any utility or special district
    4. City Parks and Recreation Commission
    5. The City Fire Department
Agencies receiving referral copies of the Preliminary Plat should return written comments on the Plat to the City Administration within fourteen (14) days after receipt of the Plat. Agencies may also present comments on the Plat at the Planning Commission meeting at which the Plat is considered.
Upon receipt of all agency comments, or at the end of the fourteen (14) day period, the City Administration will summarize the agency comments, add written comments and recommendations from the City Administration itself, and present the material and recommendations to the Planning Commission for its consideration.
At least seven (7) days prior to the date of the Planning Commission meeting at which the Plat is to be considered, the City Administration shall, from information provided by the developer as a part of his Preliminary Plat submittal, notify the owners of subdivided lots and owners of un-platted land contiguous and immediately adjacent to the boundaries of the proposed subdivision of the time and date of the meeting.
The developer and all other interested or affected parties shall be allowed to offer comments on the Preliminary Plat at the Planning Commission meeting. After due deliberation, the Planning Commission shall either approve or disapprove the Preliminary Plat and so notify the developer in writing within ten (10) business days after the date of the meeting at which final action was taken. The Planning Commission may attach conditions to its approval. If the Plat is disapproved, the Planning Commission shall specify conditions under which the Plat may gain approval.
If the developer contends that conditions of approval attached by the Planning Commission are of such a nature as to make development of his land impractical or if the developer contends that disapproval of his Preliminary Plat by the Planning Commission was a wrongful decision, he may, in writing, request a hearing before the City Council and proceed according to the provisions of 4-9-3 B of these regulations.
Approval of the Preliminary Plat either by the Planning Commission, or upon appeal, by the City Council shall be effective for twelve (12) consecutive calendar months from the date of approval. The developer may apply in writing for and the Planning Commission may, for cause shown, grant a six (6) month extension to the twelve month period. If a Final Plat has not been submitted within this specified period on all or a portion of the land area included in the Preliminary Plat, a Preliminary Plat must be again submitted for approval. In a phased development, any land area for which a Preliminary Plat has been approved and for which a Final Plat has not been submitted within thirty-six (36) months from the date of the approval of the Preliminary Plat, shall not be allowed to proceed with final platting until a new Preliminary Plat is submitted and approved.

HISTORY
Amended by Ord. 1234 on 3/10/2020

4-9-4.3 Final Plat

After approval of the Preliminary Plat, the Final Plat may be prepared and submitted. The Final Plat shall be prepared and certified as to its accuracy by a registered land surveyor licensed to do such work in the State of Wyoming. The Final Plat and required supporting material shall conform to the City of Lander Standards and Specifications.
Final platting may be accomplished in stages covering reasonable portions of the area of an 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 stage of the subdivision shall be as nearly self-sustaining and complete as possible, and shall by itself, or in conjunction with previous stages, 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 stages is completed, a viable development will result. Plats of a phased subdivision may be submitted together for concurrent review by the Planning Commission. If submitted for concurrent review, the plats shall be assessed a single Final Plat fee and shall require a single set of supporting documentation covering all phases.
The Final Plat shall be clearly and legibly drawn in black, waterproof India ink on tracing linen, mylar or some similar stable base material. Required affidavits, certificates and acknowledgements shall be legibly printed on the Plat in opaque ink. The sheet size of all Final Plats shall be 24" high by 36" wide. Information on the Plat shall be so positioned that a 1-1/2" margin remains on the left side of the sheet and a 1/2" margin is left on the three remaining sides. The scale of the Final Plat shall be 1"=100' or larger. The scale may be reduced to 1"=200' for subdivisions in which the minimum lot size is (5) 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.
An electronic copy of all required supporting material shall be submitted to the City Administration at least fourteen (14) days prior to the Planning Commission meeting at which the Final Plat is to be considered.
The submitted Final Plat shall contain the notarized signatures of the owner or owners, or others with an equitable interest in the land, and the signature of the registered land surveyor.
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 angles and linear dimensions that result in a maximum allowable error of closure of one part in 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 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, interior angles, length of radii and/or arcs of all curves.
11. Drainage easements clearly labeled as such.
12. The names of all streets.
13. All lots and blocks logically and consecutively numbered in the center of the lot or block.
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 and the total number of lots.
17. The boundary of any floodplain shall be shown on the plat.
18. A notarized certificate by all parties having any titled interest in or upon the land, consenting to the recording of the Plat and dedicating public ways, grounds and easements.
  
  The certificate shall read:
  
  Know all men by these present that the undersigned (Official name of the developer), 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 Lander, and its licensees for perpetual public use all streets, alleys, easements and other public lands within the boundary lines of the plat as indicated and not already otherwise dedicated for public use.
  
  Utility easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for perpetual public use for the purpose of installing, repairing, re-installing, replacing and maintaining sewers, waterlines, gas lines, electric lines, telephone lines, cable television lines and other forms and types of public utilities now or hereafter generally utilized by the public.
  
  On plats containing drainage easements add:
  
  Drainage easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for public use to accommodate the flow or storage of storm waters and shall be kept free of all structures or other impediments.
  
  Individuals, where applicable, should add:
  
  All rights under and by virtue of the homestead exemption laws of the State of Wyoming is hereby waived and released.
  
  Executed this _____ day of ______________ A.D., 2 ___,
  
  by:
  (Designation of interest: owner, mortgagee, etc.)
  
  STATE OF WYOMING )
  ) ss.
  FREMONT COUNTY )
  
  The foregoing instrument was acknowledged before me this _____ day of ___________ A.D., 2___ by as a free and voluntary act and deed.
  
  Witness my hand and official seal.
  
  My commission expires ______________________________.
  
  ____________________ Notary Public
  
  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 City of Lander regulations governing the subdivision of land.
  
  Registered Land Surveyor
  
  Certificate of review of the City Engineer/Public Works Director as follows:
  
  Data on this plat reviewed this _____ day of___________, 2___, by the City Engineer/Public Works Director of Lander, Wyoming.
  
  City Engineer/Public Works Director
  
  Certificate of approval by the City of Lander Planning Commission as follows:
  
  This plat approved by the City of Lander Planning Commission this _____ day of__________ A.D., 2___ .
  
  Chairman
  
  Secretary
  
  Certificate of acceptance and approval by the City Council of the City of Lander as follows:
  
  Approved by the City Council of the City of Lander, Wyoming this _____ day of ___________ A.D., 2___ .
  
  Mayor
  
  City Clerk
  
  Certificate for recording by the County Clerk and Recorder as follows:
  
  This plat was filed for record in the Office of the Clerk and Recorder at _______ o'clock .__m.,
  
  2___ , and is duly recorded in Plat Cabinet_________ , Page no._______ Document.
  
  ________________________
  
  County Clerk and Recorder/Deputy Clerk
The Final Plat shall be accompanied by the total amount of the Final Plat fee.
After receipt of the Final Plat, the City Administration shall review the submittal for completeness and for conformance with the approved Preliminary Plat. The City Administration may refer copies of the Final Plat to and seek comment from other officials and agencies. Any such comments should be made known to the City Administration within fourteen (21) days after the date of submittal of the Final Plat.
The Final Plat shall be scheduled for consideration of the Planning Commission at its next regular meeting after the minimum fourteen (21) day review period. After due deliberation, the Planning Commission shall approve, conditionally approve or disapprove the Final Plat. Approval of a Final Plat by the Planning Commission shall remain effective for twelve (l2) calendar months.
The developer shall be notified of the action of the Planning Commission. If the Plat is disapproved, the developer may request a hearing before the City Council, according to the provisions of 4-9-3.B if these regulations.
A complete Final Plat submittal shall consist of the Final Plat and all required supporting materials. Prior to, or upon receiving notification of approval of the Final Plat by the Planning Commission, the developer shall submit the following supporting material relating to the Final Plat to the City Administration:
1. A Final Plat checklist on standard forms provided.
2. Drawings and specifications as prescribed by the City Engineer/Public Works Director, showing over lot grading and the size, location and type of water, sewer and drainage lines and facilities.
3. A State of Wyoming Department of Environmental Quality permit for utilities where required.
4. Profiles, cross sections, plans and specifications of roads, streets and bridges as required by the City Engineer/Public Works Director.
5. If access to the subdivision or any part thereof must be gained across property outside of the subdivision, a certified copy of an appropriate recorded instrument granting the right of public access shall be submitted.
6. When applicable, a warranty deed conveying to the City of Lander or other appropriate public agency any public lands other than streets, alleys or easements shown on the Final Plat, and title insurance on the subject parcel.
7. Payment of any fees in lieu of public land dedication, or any initial payment and payment schedule keyed to subdivision development.
8. Evidence satisfactory to the City Council that the subdivided land is free of all encumbrances and that the person who offers any part of the subdivision for sale or who solicits any offers for the purchase thereof, directly or through agents, may convey merchantable title, subject only to noted reservations or restrictions of record but free of encumbrances and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or that binding arrangements have been made by the person who offers any part of the subdivision for sale, directly or through an agent, to assure purchasers of any part of the subdivision that upon full payment of the purchase price a warranty deed can and will be delivered conveying merchantable title subject only to a proportionate share of such taxes and assessments thereon as may be levied or assessed for the year in which such sale may be legally effected.
9. The developer will provide a “Subdivision Guarantee” that is obtained through a valid Title Insurance Company and which verifies the names on the dedication of the plat. This guarantee will state ownership and encumbrances of the land that is to be subdivided.
10. If the developer proposes to utilize adjoining property for any right-of-way or easement, the developer shall provide copies of binding and recorded rights-of-way and easements from each property owner over whose land such services shall extend with all rights-of-way and easements having a width of not less than twenty (20) feet.
11. The original of a brief disclosure statement to be placed on file with the County Clerk pointing out any hazards or problems associated with all or any part of the subdivision. The disclosure statement will note difficult soil conditions, high water tables, excessive slopes or other conditions which might have an adverse impact on the uses intended for the subdivided land. The words in capital letters "DISCLOSURE STATEMENT ON HAZARDS OR PROBLEMS ASSOCIATED WITH THIS SUBDIVISION ON FILE WITH THE COUNTY CLERK" shall appear on all offers, solicitations, contracts, agreements and plats relating to the subdivision. Neither the City, nor its employees, agents, commissions or consultants shall in any way guarantee the reliability of the information contained in the statement but shall make copies available to interested parties upon request.
12. A performance and payment 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 is the developer responsibility. The commitment shall be for one hundred twenty five (125) percent of the cost of improvements as estimated by the developer licensed professional engineer and approved by the City Engineer/Public Works Director.
Upon receipt of all required supporting materials to the Final Plat, City Administration shall review them for completeness to determine whether a complete Final Plat submittal has been made and shall refer material to appropriate agencies for review and comment. Upon being notified of the comments and any necessary approvals of reviewing agencies, the City Administration shall forward the Final Plat, comments and approvals of reviewing agencies, pertinent supporting materials and the recommendations of the Planning Commission to the City Council. Incomplete Final Plats or Final Plats for which necessary approvals have not been secured shall not be forwarded to Council for action.
Within a reasonable time after receiving the recommendations of the Planning Commission along with the Final Plat and accompanying materials, the City Council shall either approve the Final Plat, or disapprove the Final Plat and notify the developer of the conditions to be met to gain approval. If a disapproved Final Plat is modified and resubmitted to the City 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.
Upon approval by the City Council of the Final Plat, the developer shall be notified to submit payment for the recording fee to the City Administration who shall transmit the developer recording fee and the fully approved and executed Final Plat to the County Clerk and Recorder for the filing of the Final Plat among the official records of the County.
As an alternate procedure and at the request of the developer, the City Council may approve a Final Plat and instruct the City Administration to withhold the approved Final Plat from recording for a period of time to allow the developer to install all of the required public improvements according to the plans and specifications approved by the City Engineer/Public Works Director. This procedure, when approved by the Council, shall be in lieu of the guarantees for installation of improvements as set forth in 4-9-4.3.12 of these regulations. An executed standard contract as approved by the City Attorney regarding installation of improvements shall still be submitted with the Final Plat. The contract shall require that all improvements be completed no later than twenty four (24) months from the date the Final Plat was approved by the City Council. If required by the City Engineer/Public Works Director, the developer shall also submit with the Final Plat a signed and acknowledged instrument in recordable form dedicating to the City those easements shown on the plat which may be needed in advance of the plat being recorded. The developer shall also agree to cooperate with the City Engineer/Public Works Director in the necessary inspections of the construction of subdivision improvements. When the completed improvements are inspected and approved by the City Engineer/Public Works Director and, if proposed for City maintenance, accepted by the City, the plat shall be recorded and the sale of lots may proceed according to the approved and recorded plat. The City Council may repeal the approval of the plat should the developer fail to meet the terms of the contract.
Building permits shall not be issued until all public improvements have been installed, approved by the City Engineer/Public Works Director and accepted by the City Council. However, the developer may appeal to the City Administration to allow the issuance of building permits only if the developer can demonstrate that he is proceeding in good faith and has, at a minimum, installed sewer and water lines as well as has a suitable temporary street surface as determined by the City Engineer/Public Works Director. Certificates of occupancy shall not be issued until all public improvements have been installed, approved by the City Engineer/Public Works Director.

HISTORY
Amended by Ord. 1234 on 3/10/2020

1234

Lander City Zoning Code

4-9-4 Procedures

And Requirements For Platting

4-9-4.1 Pre-Application

Prior to the submission of a Preliminary Plat as required by these regulations, the developer shall contact the City Administration, the City Engineer/Public Works Director and any other administrative personnel or public or private agencies to determine:
1. Procedures and requirements for filing the preliminary and final plats.
2. Availability of public water and sewer and requirements when public systems are not readily available.
3. Zoning requirements on the property.
4. Transportation Plan, land use, schools, parks and other public open space as directed in the most recently adopted Master Plan.
5. The location and extent of any floodplains as shown by maps located at: FEMA’s National Flood Hazard Layer or the City Building Department.
6. Soil types and problems on the property as shown on available soil survey maps prepared by the Natural Resources Conservation Service or a professional engineer.
As part of this contract, the developer may discuss with the City Administration or any other appropriate agency his tentative proposals for the development of the property.
The developer may request that the Planning Commission review and comment on a draft plat prior to his preparation of a Preliminary Plat. The Planning Commission shall make such a review and make their comments known to the developer in writing within five (5) business days from the date of the review.
The purpose of this pre-application 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 City Administration or other agencies other than to offer appropriate comments on the proposal.

HISTORY
Amended by Ord. 1234 on 3/10/2020

4-9-4.2 Preliminary Plat

Preliminary Plats shall be submitted in an acceptable electronic format as designated by the City Administration. The Preliminary Plat shall consist of a drawing or drawings and accompanying material and information prescribed by these regulations.
The Preliminary Plat drawing(s) shall be prepared at a scale of 1" =100' or larger for subdivisions where the majority of lots are less than five (5) acres in size. The scale may be reduced to 1" =200' for subdivisions in which the minimum lot size is five (5) acres or more. The face of the drawing shall contain the following information:
1. The name of the subdivision 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.
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 address and phone numbers of the developer or developer, 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 suitable interval may be required by the City Engineer.
9. General location and extent of any significant natural features such as wooded areas, streams, drainageways, or lakes.
10. Floodplains of designated streams as delineated on maps available through FEMA’s National Flood Hazard Layer or on file with the Building Department.
11. Location, dimensions, and names of existing roads, streets, alleys, rights-of-ways and structures within and within twenty (20) feet immediately adjacent showing how they relate to the proposed subdivision layout.
12. Location, size, and grades of existing sewers, water mains, gas lines, pipelines or other underground utilities or installations within the proposed subdivision or 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 streets, alleys, pedestrian ways and easements.
16. Layout, numbers and approximate dimensions of proposed lots and blocks.
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.
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 how and when the developer proposes to install water, sewer, paving, sidewalks, drainageways, and other required improvements.
3. A statement describing the development and maintenance responsibility for any private streets, ways or open spaces.
4. The recommendation of a qualified professional engineer or the affected Natural Resource Conservation District regarding soil suitability, including corrosion hazard, 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.
6. A petition for annexation to the City of Lander if the land to be subdivided is contiguous to and, either by itself or as part of a larger tract, is completely surrounded by 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. The names and addresses of all owners of subdivided lots and un-platted land contiguous and immediately adjacent to the boundary of the proposed subdivision will be provided by the developer.
9. A subdivision application on the standard forms provided.
10. A completed Preliminary Plat checklist on the standard forms provided.
11. Information as to appurtenant water rights, including but not limited to quantity, source and applicable documents.
After receipt of the Preliminary Plat and all required supporting material, City Administration/Staff shall schedule the Plat for consideration at the next regular business meeting of the Planning Commission.
1. The following is the full explanation of the process:
  1. After receipt of the Preliminary Plat and all required supporting material, City Administration/Staff shall schedule the plat for consideration at the next regular business meeting of the Planning Commission which shall be at least within AT LEAST twenty-one (21) days from the date on which the Plat was submitted, and shall, within three (3) days transmit copies to appropriate agencies and officials for their review and comment.
  2. At a minimum, copies of the plat shall be referred to:
    1. The City Engineer/Public Works Director
    2. The City Building Inspector
    3. Any utility or special district
    4. City Parks and Recreation Commission
    5. The City Fire Department
Agencies receiving referral copies of the Preliminary Plat should return written comments on the Plat to the City Administration within fourteen (14) days after receipt of the Plat. Agencies may also present comments on the Plat at the Planning Commission meeting at which the Plat is considered.
Upon receipt of all agency comments, or at the end of the fourteen (14) day period, the City Administration will summarize the agency comments, add written comments and recommendations from the City Administration itself, and present the material and recommendations to the Planning Commission for its consideration.
At least seven (7) days prior to the date of the Planning Commission meeting at which the Plat is to be considered, the City Administration shall, from information provided by the developer as a part of his Preliminary Plat submittal, notify the owners of subdivided lots and owners of un-platted land contiguous and immediately adjacent to the boundaries of the proposed subdivision of the time and date of the meeting.
The developer and all other interested or affected parties shall be allowed to offer comments on the Preliminary Plat at the Planning Commission meeting. After due deliberation, the Planning Commission shall either approve or disapprove the Preliminary Plat and so notify the developer in writing within ten (10) business days after the date of the meeting at which final action was taken. The Planning Commission may attach conditions to its approval. If the Plat is disapproved, the Planning Commission shall specify conditions under which the Plat may gain approval.
If the developer contends that conditions of approval attached by the Planning Commission are of such a nature as to make development of his land impractical or if the developer contends that disapproval of his Preliminary Plat by the Planning Commission was a wrongful decision, he may, in writing, request a hearing before the City Council and proceed according to the provisions of 4-9-3 B of these regulations.
Approval of the Preliminary Plat either by the Planning Commission, or upon appeal, by the City Council shall be effective for twelve (12) consecutive calendar months from the date of approval. The developer may apply in writing for and the Planning Commission may, for cause shown, grant a six (6) month extension to the twelve month period. If a Final Plat has not been submitted within this specified period on all or a portion of the land area included in the Preliminary Plat, a Preliminary Plat must be again submitted for approval. In a phased development, any land area for which a Preliminary Plat has been approved and for which a Final Plat has not been submitted within thirty-six (36) months from the date of the approval of the Preliminary Plat, shall not be allowed to proceed with final platting until a new Preliminary Plat is submitted and approved.

HISTORY
Amended by Ord. 1234 on 3/10/2020

4-9-4.3 Final Plat

After approval of the Preliminary Plat, the Final Plat may be prepared and submitted. The Final Plat shall be prepared and certified as to its accuracy by a registered land surveyor licensed to do such work in the State of Wyoming. The Final Plat and required supporting material shall conform to the City of Lander Standards and Specifications.
Final platting may be accomplished in stages covering reasonable portions of the area of an 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 stage of the subdivision shall be as nearly self-sustaining and complete as possible, and shall by itself, or in conjunction with previous stages, 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 stages is completed, a viable development will result. Plats of a phased subdivision may be submitted together for concurrent review by the Planning Commission. If submitted for concurrent review, the plats shall be assessed a single Final Plat fee and shall require a single set of supporting documentation covering all phases.
The Final Plat shall be clearly and legibly drawn in black, waterproof India ink on tracing linen, mylar or some similar stable base material. Required affidavits, certificates and acknowledgements shall be legibly printed on the Plat in opaque ink. The sheet size of all Final Plats shall be 24" high by 36" wide. Information on the Plat shall be so positioned that a 1-1/2" margin remains on the left side of the sheet and a 1/2" margin is left on the three remaining sides. The scale of the Final Plat shall be 1"=100' or larger. The scale may be reduced to 1"=200' for subdivisions in which the minimum lot size is (5) 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.
An electronic copy of all required supporting material shall be submitted to the City Administration at least fourteen (14) days prior to the Planning Commission meeting at which the Final Plat is to be considered.
The submitted Final Plat shall contain the notarized signatures of the owner or owners, or others with an equitable interest in the land, and the signature of the registered land surveyor.
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 angles and linear dimensions that result in a maximum allowable error of closure of one part in 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 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, interior angles, length of radii and/or arcs of all curves.
11. Drainage easements clearly labeled as such.
12. The names of all streets.
13. All lots and blocks logically and consecutively numbered in the center of the lot or block.
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 and the total number of lots.
17. The boundary of any floodplain shall be shown on the plat.
18. A notarized certificate by all parties having any titled interest in or upon the land, consenting to the recording of the Plat and dedicating public ways, grounds and easements.
  
  The certificate shall read:
  
  Know all men by these present that the undersigned (Official name of the developer), 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 Lander, and its licensees for perpetual public use all streets, alleys, easements and other public lands within the boundary lines of the plat as indicated and not already otherwise dedicated for public use.
  
  Utility easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for perpetual public use for the purpose of installing, repairing, re-installing, replacing and maintaining sewers, waterlines, gas lines, electric lines, telephone lines, cable television lines and other forms and types of public utilities now or hereafter generally utilized by the public.
  
  On plats containing drainage easements add:
  
  Drainage easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for public use to accommodate the flow or storage of storm waters and shall be kept free of all structures or other impediments.
  
  Individuals, where applicable, should add:
  
  All rights under and by virtue of the homestead exemption laws of the State of Wyoming is hereby waived and released.
  
  Executed this _____ day of ______________ A.D., 2 ___,
  
  by:
  (Designation of interest: owner, mortgagee, etc.)
  
  STATE OF WYOMING )
  ) ss.
  FREMONT COUNTY )
  
  The foregoing instrument was acknowledged before me this _____ day of ___________ A.D., 2___ by as a free and voluntary act and deed.
  
  Witness my hand and official seal.
  
  My commission expires ______________________________.
  
  ____________________ Notary Public
  
  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 City of Lander regulations governing the subdivision of land.
  
  Registered Land Surveyor
  
  Certificate of review of the City Engineer/Public Works Director as follows:
  
  Data on this plat reviewed this _____ day of___________, 2___, by the City Engineer/Public Works Director of Lander, Wyoming.
  
  City Engineer/Public Works Director
  
  Certificate of approval by the City of Lander Planning Commission as follows:
  
  This plat approved by the City of Lander Planning Commission this _____ day of__________ A.D., 2___ .
  
  Chairman
  
  Secretary
  
  Certificate of acceptance and approval by the City Council of the City of Lander as follows:
  
  Approved by the City Council of the City of Lander, Wyoming this _____ day of ___________ A.D., 2___ .
  
  Mayor
  
  City Clerk
  
  Certificate for recording by the County Clerk and Recorder as follows:
  
  This plat was filed for record in the Office of the Clerk and Recorder at _______ o'clock .__m.,
  
  2___ , and is duly recorded in Plat Cabinet_________ , Page no._______ Document.
  
  ________________________
  
  County Clerk and Recorder/Deputy Clerk
The Final Plat shall be accompanied by the total amount of the Final Plat fee.
After receipt of the Final Plat, the City Administration shall review the submittal for completeness and for conformance with the approved Preliminary Plat. The City Administration may refer copies of the Final Plat to and seek comment from other officials and agencies. Any such comments should be made known to the City Administration within fourteen (21) days after the date of submittal of the Final Plat.
The Final Plat shall be scheduled for consideration of the Planning Commission at its next regular meeting after the minimum fourteen (21) day review period. After due deliberation, the Planning Commission shall approve, conditionally approve or disapprove the Final Plat. Approval of a Final Plat by the Planning Commission shall remain effective for twelve (l2) calendar months.
The developer shall be notified of the action of the Planning Commission. If the Plat is disapproved, the developer may request a hearing before the City Council, according to the provisions of 4-9-3.B if these regulations.
A complete Final Plat submittal shall consist of the Final Plat and all required supporting materials. Prior to, or upon receiving notification of approval of the Final Plat by the Planning Commission, the developer shall submit the following supporting material relating to the Final Plat to the City Administration:
1. A Final Plat checklist on standard forms provided.
2. Drawings and specifications as prescribed by the City Engineer/Public Works Director, showing over lot grading and the size, location and type of water, sewer and drainage lines and facilities.
3. A State of Wyoming Department of Environmental Quality permit for utilities where required.
4. Profiles, cross sections, plans and specifications of roads, streets and bridges as required by the City Engineer/Public Works Director.
5. If access to the subdivision or any part thereof must be gained across property outside of the subdivision, a certified copy of an appropriate recorded instrument granting the right of public access shall be submitted.
6. When applicable, a warranty deed conveying to the City of Lander or other appropriate public agency any public lands other than streets, alleys or easements shown on the Final Plat, and title insurance on the subject parcel.
7. Payment of any fees in lieu of public land dedication, or any initial payment and payment schedule keyed to subdivision development.
8. Evidence satisfactory to the City Council that the subdivided land is free of all encumbrances and that the person who offers any part of the subdivision for sale or who solicits any offers for the purchase thereof, directly or through agents, may convey merchantable title, subject only to noted reservations or restrictions of record but free of encumbrances and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or that binding arrangements have been made by the person who offers any part of the subdivision for sale, directly or through an agent, to assure purchasers of any part of the subdivision that upon full payment of the purchase price a warranty deed can and will be delivered conveying merchantable title subject only to a proportionate share of such taxes and assessments thereon as may be levied or assessed for the year in which such sale may be legally effected.
9. The developer will provide a “Subdivision Guarantee” that is obtained through a valid Title Insurance Company and which verifies the names on the dedication of the plat. This guarantee will state ownership and encumbrances of the land that is to be subdivided.
10. If the developer proposes to utilize adjoining property for any right-of-way or easement, the developer shall provide copies of binding and recorded rights-of-way and easements from each property owner over whose land such services shall extend with all rights-of-way and easements having a width of not less than twenty (20) feet.
11. The original of a brief disclosure statement to be placed on file with the County Clerk pointing out any hazards or problems associated with all or any part of the subdivision. The disclosure statement will note difficult soil conditions, high water tables, excessive slopes or other conditions which might have an adverse impact on the uses intended for the subdivided land. The words in capital letters "DISCLOSURE STATEMENT ON HAZARDS OR PROBLEMS ASSOCIATED WITH THIS SUBDIVISION ON FILE WITH THE COUNTY CLERK" shall appear on all offers, solicitations, contracts, agreements and plats relating to the subdivision. Neither the City, nor its employees, agents, commissions or consultants shall in any way guarantee the reliability of the information contained in the statement but shall make copies available to interested parties upon request.
12. A performance and payment 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 is the developer responsibility. The commitment shall be for one hundred twenty five (125) percent of the cost of improvements as estimated by the developer licensed professional engineer and approved by the City Engineer/Public Works Director.
Upon receipt of all required supporting materials to the Final Plat, City Administration shall review them for completeness to determine whether a complete Final Plat submittal has been made and shall refer material to appropriate agencies for review and comment. Upon being notified of the comments and any necessary approvals of reviewing agencies, the City Administration shall forward the Final Plat, comments and approvals of reviewing agencies, pertinent supporting materials and the recommendations of the Planning Commission to the City Council. Incomplete Final Plats or Final Plats for which necessary approvals have not been secured shall not be forwarded to Council for action.
Within a reasonable time after receiving the recommendations of the Planning Commission along with the Final Plat and accompanying materials, the City Council shall either approve the Final Plat, or disapprove the Final Plat and notify the developer of the conditions to be met to gain approval. If a disapproved Final Plat is modified and resubmitted to the City 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.
Upon approval by the City Council of the Final Plat, the developer shall be notified to submit payment for the recording fee to the City Administration who shall transmit the developer recording fee and the fully approved and executed Final Plat to the County Clerk and Recorder for the filing of the Final Plat among the official records of the County.
As an alternate procedure and at the request of the developer, the City Council may approve a Final Plat and instruct the City Administration to withhold the approved Final Plat from recording for a period of time to allow the developer to install all of the required public improvements according to the plans and specifications approved by the City Engineer/Public Works Director. This procedure, when approved by the Council, shall be in lieu of the guarantees for installation of improvements as set forth in 4-9-4.3.12 of these regulations. An executed standard contract as approved by the City Attorney regarding installation of improvements shall still be submitted with the Final Plat. The contract shall require that all improvements be completed no later than twenty four (24) months from the date the Final Plat was approved by the City Council. If required by the City Engineer/Public Works Director, the developer shall also submit with the Final Plat a signed and acknowledged instrument in recordable form dedicating to the City those easements shown on the plat which may be needed in advance of the plat being recorded. The developer shall also agree to cooperate with the City Engineer/Public Works Director in the necessary inspections of the construction of subdivision improvements. When the completed improvements are inspected and approved by the City Engineer/Public Works Director and, if proposed for City maintenance, accepted by the City, the plat shall be recorded and the sale of lots may proceed according to the approved and recorded plat. The City Council may repeal the approval of the plat should the developer fail to meet the terms of the contract.
Building permits shall not be issued until all public improvements have been installed, approved by the City Engineer/Public Works Director and accepted by the City Council. However, the developer may appeal to the City Administration to allow the issuance of building permits only if the developer can demonstrate that he is proceeding in good faith and has, at a minimum, installed sewer and water lines as well as has a suitable temporary street surface as determined by the City Engineer/Public Works Director. Certificates of occupancy shall not be issued until all public improvements have been installed, approved by the City Engineer/Public Works Director.

HISTORY
Amended by Ord. 1234 on 3/10/2020

1234

Lander City Zoning Code

4-9-4 Procedures

And Requirements For Platting

4-9-4.1 Pre-Application

Prior to the submission of a Preliminary Plat as required by these regulations, the developer shall contact the City Administration, the City Engineer/Public Works Director and any other administrative personnel or public or private agencies to determine:
1. Procedures and requirements for filing the preliminary and final plats.
2. Availability of public water and sewer and requirements when public systems are not readily available.
3. Zoning requirements on the property.
4. Transportation Plan, land use, schools, parks and other public open space as directed in the most recently adopted Master Plan.
5. The location and extent of any floodplains as shown by maps located at: FEMA’s National Flood Hazard Layer or the City Building Department.
6. Soil types and problems on the property as shown on available soil survey maps prepared by the Natural Resources Conservation Service or a professional engineer.
As part of this contract, the developer may discuss with the City Administration or any other appropriate agency his tentative proposals for the development of the property.
The developer may request that the Planning Commission review and comment on a draft plat prior to his preparation of a Preliminary Plat. The Planning Commission shall make such a review and make their comments known to the developer in writing within five (5) business days from the date of the review.
The purpose of this pre-application 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 City Administration or other agencies other than to offer appropriate comments on the proposal.

HISTORY
Amended by Ord. 1234 on 3/10/2020

4-9-4.2 Preliminary Plat

Preliminary Plats shall be submitted in an acceptable electronic format as designated by the City Administration. The Preliminary Plat shall consist of a drawing or drawings and accompanying material and information prescribed by these regulations.
The Preliminary Plat drawing(s) shall be prepared at a scale of 1" =100' or larger for subdivisions where the majority of lots are less than five (5) acres in size. The scale may be reduced to 1" =200' for subdivisions in which the minimum lot size is five (5) acres or more. The face of the drawing shall contain the following information:
1. The name of the subdivision 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.
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 address and phone numbers of the developer or developer, 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 suitable interval may be required by the City Engineer.
9. General location and extent of any significant natural features such as wooded areas, streams, drainageways, or lakes.
10. Floodplains of designated streams as delineated on maps available through FEMA’s National Flood Hazard Layer or on file with the Building Department.
11. Location, dimensions, and names of existing roads, streets, alleys, rights-of-ways and structures within and within twenty (20) feet immediately adjacent showing how they relate to the proposed subdivision layout.
12. Location, size, and grades of existing sewers, water mains, gas lines, pipelines or other underground utilities or installations within the proposed subdivision or 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 streets, alleys, pedestrian ways and easements.
16. Layout, numbers and approximate dimensions of proposed lots and blocks.
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.
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 how and when the developer proposes to install water, sewer, paving, sidewalks, drainageways, and other required improvements.
3. A statement describing the development and maintenance responsibility for any private streets, ways or open spaces.
4. The recommendation of a qualified professional engineer or the affected Natural Resource Conservation District regarding soil suitability, including corrosion hazard, 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.
6. A petition for annexation to the City of Lander if the land to be subdivided is contiguous to and, either by itself or as part of a larger tract, is completely surrounded by 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. The names and addresses of all owners of subdivided lots and un-platted land contiguous and immediately adjacent to the boundary of the proposed subdivision will be provided by the developer.
9. A subdivision application on the standard forms provided.
10. A completed Preliminary Plat checklist on the standard forms provided.
11. Information as to appurtenant water rights, including but not limited to quantity, source and applicable documents.
After receipt of the Preliminary Plat and all required supporting material, City Administration/Staff shall schedule the Plat for consideration at the next regular business meeting of the Planning Commission.
1. The following is the full explanation of the process:
  1. After receipt of the Preliminary Plat and all required supporting material, City Administration/Staff shall schedule the plat for consideration at the next regular business meeting of the Planning Commission which shall be at least within AT LEAST twenty-one (21) days from the date on which the Plat was submitted, and shall, within three (3) days transmit copies to appropriate agencies and officials for their review and comment.
  2. At a minimum, copies of the plat shall be referred to:
    1. The City Engineer/Public Works Director
    2. The City Building Inspector
    3. Any utility or special district
    4. City Parks and Recreation Commission
    5. The City Fire Department
Agencies receiving referral copies of the Preliminary Plat should return written comments on the Plat to the City Administration within fourteen (14) days after receipt of the Plat. Agencies may also present comments on the Plat at the Planning Commission meeting at which the Plat is considered.
Upon receipt of all agency comments, or at the end of the fourteen (14) day period, the City Administration will summarize the agency comments, add written comments and recommendations from the City Administration itself, and present the material and recommendations to the Planning Commission for its consideration.
At least seven (7) days prior to the date of the Planning Commission meeting at which the Plat is to be considered, the City Administration shall, from information provided by the developer as a part of his Preliminary Plat submittal, notify the owners of subdivided lots and owners of un-platted land contiguous and immediately adjacent to the boundaries of the proposed subdivision of the time and date of the meeting.
The developer and all other interested or affected parties shall be allowed to offer comments on the Preliminary Plat at the Planning Commission meeting. After due deliberation, the Planning Commission shall either approve or disapprove the Preliminary Plat and so notify the developer in writing within ten (10) business days after the date of the meeting at which final action was taken. The Planning Commission may attach conditions to its approval. If the Plat is disapproved, the Planning Commission shall specify conditions under which the Plat may gain approval.
If the developer contends that conditions of approval attached by the Planning Commission are of such a nature as to make development of his land impractical or if the developer contends that disapproval of his Preliminary Plat by the Planning Commission was a wrongful decision, he may, in writing, request a hearing before the City Council and proceed according to the provisions of 4-9-3 B of these regulations.
Approval of the Preliminary Plat either by the Planning Commission, or upon appeal, by the City Council shall be effective for twelve (12) consecutive calendar months from the date of approval. The developer may apply in writing for and the Planning Commission may, for cause shown, grant a six (6) month extension to the twelve month period. If a Final Plat has not been submitted within this specified period on all or a portion of the land area included in the Preliminary Plat, a Preliminary Plat must be again submitted for approval. In a phased development, any land area for which a Preliminary Plat has been approved and for which a Final Plat has not been submitted within thirty-six (36) months from the date of the approval of the Preliminary Plat, shall not be allowed to proceed with final platting until a new Preliminary Plat is submitted and approved.

HISTORY
Amended by Ord. 1234 on 3/10/2020

4-9-4.3 Final Plat

After approval of the Preliminary Plat, the Final Plat may be prepared and submitted. The Final Plat shall be prepared and certified as to its accuracy by a registered land surveyor licensed to do such work in the State of Wyoming. The Final Plat and required supporting material shall conform to the City of Lander Standards and Specifications.
Final platting may be accomplished in stages covering reasonable portions of the area of an 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 stage of the subdivision shall be as nearly self-sustaining and complete as possible, and shall by itself, or in conjunction with previous stages, 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 stages is completed, a viable development will result. Plats of a phased subdivision may be submitted together for concurrent review by the Planning Commission. If submitted for concurrent review, the plats shall be assessed a single Final Plat fee and shall require a single set of supporting documentation covering all phases.
The Final Plat shall be clearly and legibly drawn in black, waterproof India ink on tracing linen, mylar or some similar stable base material. Required affidavits, certificates and acknowledgements shall be legibly printed on the Plat in opaque ink. The sheet size of all Final Plats shall be 24" high by 36" wide. Information on the Plat shall be so positioned that a 1-1/2" margin remains on the left side of the sheet and a 1/2" margin is left on the three remaining sides. The scale of the Final Plat shall be 1"=100' or larger. The scale may be reduced to 1"=200' for subdivisions in which the minimum lot size is (5) 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.
An electronic copy of all required supporting material shall be submitted to the City Administration at least fourteen (14) days prior to the Planning Commission meeting at which the Final Plat is to be considered.
The submitted Final Plat shall contain the notarized signatures of the owner or owners, or others with an equitable interest in the land, and the signature of the registered land surveyor.
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 angles and linear dimensions that result in a maximum allowable error of closure of one part in 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 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, interior angles, length of radii and/or arcs of all curves.
11. Drainage easements clearly labeled as such.
12. The names of all streets.
13. All lots and blocks logically and consecutively numbered in the center of the lot or block.
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 and the total number of lots.
17. The boundary of any floodplain shall be shown on the plat.
18. A notarized certificate by all parties having any titled interest in or upon the land, consenting to the recording of the Plat and dedicating public ways, grounds and easements.
  
  The certificate shall read:
  
  Know all men by these present that the undersigned (Official name of the developer), 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 Lander, and its licensees for perpetual public use all streets, alleys, easements and other public lands within the boundary lines of the plat as indicated and not already otherwise dedicated for public use.
  
  Utility easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for perpetual public use for the purpose of installing, repairing, re-installing, replacing and maintaining sewers, waterlines, gas lines, electric lines, telephone lines, cable television lines and other forms and types of public utilities now or hereafter generally utilized by the public.
  
  On plats containing drainage easements add:
  
  Drainage easements as designated on this plat are hereby dedicated to the City of Lander and its licensees for public use to accommodate the flow or storage of storm waters and shall be kept free of all structures or other impediments.
  
  Individuals, where applicable, should add:
  
  All rights under and by virtue of the homestead exemption laws of the State of Wyoming is hereby waived and released.
  
  Executed this _____ day of ______________ A.D., 2 ___,
  
  by:
  (Designation of interest: owner, mortgagee, etc.)
  
  STATE OF WYOMING )
  ) ss.
  FREMONT COUNTY )
  
  The foregoing instrument was acknowledged before me this _____ day of ___________ A.D., 2___ by as a free and voluntary act and deed.
  
  Witness my hand and official seal.
  
  My commission expires ______________________________.
  
  ____________________ Notary Public
  
  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 City of Lander regulations governing the subdivision of land.
  
  Registered Land Surveyor
  
  Certificate of review of the City Engineer/Public Works Director as follows:
  
  Data on this plat reviewed this _____ day of___________, 2___, by the City Engineer/Public Works Director of Lander, Wyoming.
  
  City Engineer/Public Works Director
  
  Certificate of approval by the City of Lander Planning Commission as follows:
  
  This plat approved by the City of Lander Planning Commission this _____ day of__________ A.D., 2___ .
  
  Chairman
  
  Secretary
  
  Certificate of acceptance and approval by the City Council of the City of Lander as follows:
  
  Approved by the City Council of the City of Lander, Wyoming this _____ day of ___________ A.D., 2___ .
  
  Mayor
  
  City Clerk
  
  Certificate for recording by the County Clerk and Recorder as follows:
  
  This plat was filed for record in the Office of the Clerk and Recorder at _______ o'clock .__m.,
  
  2___ , and is duly recorded in Plat Cabinet_________ , Page no._______ Document.
  
  ________________________
  
  County Clerk and Recorder/Deputy Clerk
The Final Plat shall be accompanied by the total amount of the Final Plat fee.
After receipt of the Final Plat, the City Administration shall review the submittal for completeness and for conformance with the approved Preliminary Plat. The City Administration may refer copies of the Final Plat to and seek comment from other officials and agencies. Any such comments should be made known to the City Administration within fourteen (21) days after the date of submittal of the Final Plat.
The Final Plat shall be scheduled for consideration of the Planning Commission at its next regular meeting after the minimum fourteen (21) day review period. After due deliberation, the Planning Commission shall approve, conditionally approve or disapprove the Final Plat. Approval of a Final Plat by the Planning Commission shall remain effective for twelve (l2) calendar months.
The developer shall be notified of the action of the Planning Commission. If the Plat is disapproved, the developer may request a hearing before the City Council, according to the provisions of 4-9-3.B if these regulations.
A complete Final Plat submittal shall consist of the Final Plat and all required supporting materials. Prior to, or upon receiving notification of approval of the Final Plat by the Planning Commission, the developer shall submit the following supporting material relating to the Final Plat to the City Administration:
1. A Final Plat checklist on standard forms provided.
2. Drawings and specifications as prescribed by the City Engineer/Public Works Director, showing over lot grading and the size, location and type of water, sewer and drainage lines and facilities.
3. A State of Wyoming Department of Environmental Quality permit for utilities where required.
4. Profiles, cross sections, plans and specifications of roads, streets and bridges as required by the City Engineer/Public Works Director.
5. If access to the subdivision or any part thereof must be gained across property outside of the subdivision, a certified copy of an appropriate recorded instrument granting the right of public access shall be submitted.
6. When applicable, a warranty deed conveying to the City of Lander or other appropriate public agency any public lands other than streets, alleys or easements shown on the Final Plat, and title insurance on the subject parcel.
7. Payment of any fees in lieu of public land dedication, or any initial payment and payment schedule keyed to subdivision development.
8. Evidence satisfactory to the City Council that the subdivided land is free of all encumbrances and that the person who offers any part of the subdivision for sale or who solicits any offers for the purchase thereof, directly or through agents, may convey merchantable title, subject only to noted reservations or restrictions of record but free of encumbrances and subject only to a proportionate share of real property taxes or assessments charged or assessed for the year in which any such sale may be legally effected; or that binding arrangements have been made by the person who offers any part of the subdivision for sale, directly or through an agent, to assure purchasers of any part of the subdivision that upon full payment of the purchase price a warranty deed can and will be delivered conveying merchantable title subject only to a proportionate share of such taxes and assessments thereon as may be levied or assessed for the year in which such sale may be legally effected.
9. The developer will provide a “Subdivision Guarantee” that is obtained through a valid Title Insurance Company and which verifies the names on the dedication of the plat. This guarantee will state ownership and encumbrances of the land that is to be subdivided.
10. If the developer proposes to utilize adjoining property for any right-of-way or easement, the developer shall provide copies of binding and recorded rights-of-way and easements from each property owner over whose land such services shall extend with all rights-of-way and easements having a width of not less than twenty (20) feet.
11. The original of a brief disclosure statement to be placed on file with the County Clerk pointing out any hazards or problems associated with all or any part of the subdivision. The disclosure statement will note difficult soil conditions, high water tables, excessive slopes or other conditions which might have an adverse impact on the uses intended for the subdivided land. The words in capital letters "DISCLOSURE STATEMENT ON HAZARDS OR PROBLEMS ASSOCIATED WITH THIS SUBDIVISION ON FILE WITH THE COUNTY CLERK" shall appear on all offers, solicitations, contracts, agreements and plats relating to the subdivision. Neither the City, nor its employees, agents, commissions or consultants shall in any way guarantee the reliability of the information contained in the statement but shall make copies available to interested parties upon request.
12. A performance and payment 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 is the developer responsibility. The commitment shall be for one hundred twenty five (125) percent of the cost of improvements as estimated by the developer licensed professional engineer and approved by the City Engineer/Public Works Director.
Upon receipt of all required supporting materials to the Final Plat, City Administration shall review them for completeness to determine whether a complete Final Plat submittal has been made and shall refer material to appropriate agencies for review and comment. Upon being notified of the comments and any necessary approvals of reviewing agencies, the City Administration shall forward the Final Plat, comments and approvals of reviewing agencies, pertinent supporting materials and the recommendations of the Planning Commission to the City Council. Incomplete Final Plats or Final Plats for which necessary approvals have not been secured shall not be forwarded to Council for action.
Within a reasonable time after receiving the recommendations of the Planning Commission along with the Final Plat and accompanying materials, the City Council shall either approve the Final Plat, or disapprove the Final Plat and notify the developer of the conditions to be met to gain approval. If a disapproved Final Plat is modified and resubmitted to the City 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.
Upon approval by the City Council of the Final Plat, the developer shall be notified to submit payment for the recording fee to the City Administration who shall transmit the developer recording fee and the fully approved and executed Final Plat to the County Clerk and Recorder for the filing of the Final Plat among the official records of the County.
As an alternate procedure and at the request of the developer, the City Council may approve a Final Plat and instruct the City Administration to withhold the approved Final Plat from recording for a period of time to allow the developer to install all of the required public improvements according to the plans and specifications approved by the City Engineer/Public Works Director. This procedure, when approved by the Council, shall be in lieu of the guarantees for installation of improvements as set forth in 4-9-4.3.12 of these regulations. An executed standard contract as approved by the City Attorney regarding installation of improvements shall still be submitted with the Final Plat. The contract shall require that all improvements be completed no later than twenty four (24) months from the date the Final Plat was approved by the City Council. If required by the City Engineer/Public Works Director, the developer shall also submit with the Final Plat a signed and acknowledged instrument in recordable form dedicating to the City those easements shown on the plat which may be needed in advance of the plat being recorded. The developer shall also agree to cooperate with the City Engineer/Public Works Director in the necessary inspections of the construction of subdivision improvements. When the completed improvements are inspected and approved by the City Engineer/Public Works Director and, if proposed for City maintenance, accepted by the City, the plat shall be recorded and the sale of lots may proceed according to the approved and recorded plat. The City Council may repeal the approval of the plat should the developer fail to meet the terms of the contract.
Building permits shall not be issued until all public improvements have been installed, approved by the City Engineer/Public Works Director and accepted by the City Council. However, the developer may appeal to the City Administration to allow the issuance of building permits only if the developer can demonstrate that he is proceeding in good faith and has, at a minimum, installed sewer and water lines as well as has a suitable temporary street surface as determined by the City Engineer/Public Works Director. Certificates of occupancy shall not be issued until all public improvements have been installed, approved by the City Engineer/Public Works Director.

HISTORY
Amended by Ord. 1234 on 3/10/2020