All major subdivisions within the town limits, or as proposed as additions to the town, shall conform to the following standards.
(A) (1) Subdivisions shall be evaluated for their impact on the town’s water supply and distribution system, sewage collection and treatment system, fire protection and streets. Subdivisions shall also be evaluated on their internal circulation and access system, storm water drainage and street maintenance costs, lot arrangement and layout and their relationship to natural conditions of soil type, drainage and hydrology, and other natural resource considerations.
(2) To accomplish this, a subdivision will not be approved without submission of a preliminary plan containing the following information:
(a) All existing and proposed roads, streets and alleys;
(b) All existing waterways, drain courses and drainage ways;
(c) All existing and proposed sewage lines, water lines, utility lines and easements;
(d) All proposed lighting facilities;
(e) Proposed lot lines, including dimensions;
(f) All existing property lines and names of property owners of the tract and abutting parcels;
(g) Proposed land use for each lot or parcel of land;
(h) All proposed easements for drainage and pedestrian walkways;
(i) Written assurances from utility companies that easements will meet the requirements of utility companies; and
(j) North point, map scale and date of submission.
(B) No subdivision will be approved until the following factors have been satisfactorily provided for:
(1) Access to streets or roads and access for utilities and services;
(2) Placement of structures to be erected;
(3) Open space, pedestrian movement systems and recreational areas;
(4) Storm runoff and minimization of soil erosion during and after construction;
(5) Maintenance of streets and open space after construction;
(6) Topographical features;
(7) Minimum disruption of irrigation and drainage systems serving other lands; and
(8) Solid waste disposal.
(C) All lots shall have useable access onto a public street. Principal access to a lot from an alley is prohibited.
(D) Pavement and right-of-way width for streets shall be determined to be adequate to accommodate two-way traffic flow through the subdivision, the use of emergency and maintenance vehicles within the subdivision and right-of-way for all utilities and their maintenance. The right-of-way width shall not be less than 45 feet, however.
(E) All streets will be paved and drained to the specifications of the Town Council.
(F) All roads, streets and alleys shall be graded to the full width of said roadway and all culverts, bridges and storm sewers shall be constructed for the full width of the roadway.
(G) Cul-de-sacs and dead end streets shall have a turning circle of at least 75 feet in diameter at their end and shall be not longer than 600 feet.
(H) Streets shall intersect at right angles whenever possible.
(I) When provided, an alley right-of-way shall be not less than 20 feet in width.
(J) No town utilities shall be provided on private rights-of-way.
(K) All underground utilities shall be installed by the subdivider to the property line of each lot prior to street surfacing.
(L) Drainage through natural or human-made drainage ways shall be certified as adequate by a registered engineer prior to approval.
(M) All areas subject to erosion, or made subject to erosion during construction, shall be stabilized.
(N) Street names shall be compatible with the existing street names and shall be approved by the Council.
(O) Street lighting shall be provided of at least equal intensity as existing in the town.
(P) The final plat of the subdivision shall reflect all recommendations of the Commission and approved by the Council. It shall conform to the drawing standards of the County Subdivision Regulations (Subdivision Regulations for Big Horn County, Chapter XIV, Section 1, Quality of Final Plat). The Town Clerk/Treasurer shall be provided with reproducible copies of as-built maps of all utilities installed by the applicant.
(Q) The final plat shall be accompanied by:
(1) Copies of all covenants attached to the subdivision;
(2) Evidence satisfactory to the Council that the applicant has adequate financial resources to develop and complete any facility proposed or represented to be the responsibility of the applicant, including, but not limited to, water systems, sewage systems, streets and roadways. The applicant shall provide a performance bond, escrow monies or other sufficient financial commitments to assure that any facilities proposed or represented to be part of the subdivision shall in fact be completed as proposed;
(3) Approval of the subdivision sewage collection and water distribution system by the Department of Environmental Quality; and
(4) A contract between the town and applicant ready for signature, approved by the Town Attorney, specifying the exact nature of public improvements to be completed by the applicant. The contract shall stipulate the kind and quality of materials to be used and provide for continuing inspection by a designated inspector as work progresses. The guarantee of adequacy of improvements shall be contained in the contract and shall be binding for one year after the completion date assigning liability to the applicant for failure due to poor workpersonship or materials. Failure to meet the terms of the contract shall cause the developer to forfeit the money set up as security to the town for the purpose of completing the terms of the contract. A penalty may also be assigned as provided in § 152.999.
(R) Subdivisions may contain a variety of uses; provided that standards are adopted to ensure compatibility or adequate buffering between those uses. These standards shall include, but are not limited to, setbacks; special building arrangements, if necessary for proper solar alignment; and building standards for individual uses, such as commercial or manufactured home parks. These standards will be reviewed by the Council and, when approved, shall be incorporated into the town development code as special neighborhood standards. Individual covenants of the subdivision, such as minimum square footage of the structures, minimum price of home, style of architecture and the like shall not be incorporated into the code or enforced by the town, but must meet or exceed the standards established in this chapter.
(S) Subdividers shall be responsible for providing or constructing all of the following improvements to the town’s standards:
(1) Streets and alleys;
(2) Street signs shall be installed at all intersections;
(3) Street lighting;
(4) Stormwater drainage facilities;
(5) Sidewalks;
(6) Sanitary sewers;
(7) Potable water lines;
(8) Fire hydrants shall be installed at necessary intervals and provided with standard hose connections, as specified by the fire district;
(9) Irrigation lines; and
(10) Other improvements, such as bridges, culverts and the like, not specifically mentioned herein but found necessary by the town due to conditions found on the site.
(T) The subdivider shall dedicate to the town a park site equivalent in area to at least 6% of the total area being subdivided; provided such park land is located within 1,200 feet of all lots in the proposed subdivision and is approved by the Council as to location; or, at the option of the town, the subdivider shall, in lieu of such dedication, pay to the town a cash amount equal to at least 6% of the raw land value of the total land area in the proposed subdivision. The price of such land shall be established and agreed upon by the town and the subdivider prior to accepting the final plat of such subdivision. If the town and subdivider fail to agree on the value of said land, the value shall be established by an independent appraiser mutually acceptable to the subdivider and the town. Such payment shall be used only for the acquisition or development of parks, playgrounds or other similar public purposes.
(Ord. 294, passed 3-25-2014) Penalty, see § 152.999