§ 12-1-2 AUTHORIZATION.

   Authorization for the regulations of this title are contained in Wyo. Stat. §§ 15-1-601 through 15-1-611 for municipalities; and Wyo. Stat. §§ 34-12-101 through 34-12-115 on platting and dedication. (Prior Code, § 12-1-2)

§ 12-1-3 PURPOSES.

   (A)   The purposes of this title are to promote the public health, safety, and general welfare of the community.

   (B)   The overall objective of this title is to consider land subdivision plats as part of a plan for the orderly, efficient, and economical development of the land within the town jurisdiction. The following provisions shall guide the Town Council in formulating their decisions:

      (1)   Proposed streets shall compose a convenient and efficient traffic circulation system, properly related to the official plans and the town. Streets shall be of such width, grade, and light and location to accommodate prospective traffic, provide adequate light and air, and to provide access by service and emergency vehicles;

      (2)   Land of suitable location, size, and character for utility or drainage easements or public community services shall be shown on the subdivision plat whenever appropriate;

      (3)   Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health and welfare from flooding, fire contamination, erosion, and other menace;

      (4)   The development of any subdivision should avoid unnecessary environmental degradation; pollution of air, streams, ponds, and the like; and be in harmony with the natural environment;

      (5)   Protect and conserve the value of land and buildings throughout the town and minimize conflicts among the uses of land and buildings;

      (6)   Provide for adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements, facilities, and open space needs as will accommodate the anticipated rate of development;

      (7)   Establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and insurance of proper legal descriptions and monumenting of subdivided land to provide adequate records for land titles; and

      (8)   Avoid excessive expenditure of the public funds for the supply of public services.

(Prior Code, § 12-1-3)

§ 12-1-4 JURISDICTION.

   This title shall apply to all subdivisions of land within the jurisdictional area of the governing body of the town.

(Prior Code, § 12-1-4)

§ 12-1-5 SAVING PROVISION.

   This title shall not be construed as abating any action now pending under, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waving any right of the town under any section or provision existing on the effective date hereof, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the town except as shall be expressly provided for in this title.

(Prior Code, § 12-1-5)

§ 12-1-6 AMENDMENTS.

   For the purpose of providing for the public health, safety, and general welfare, the Town Council may recommend to the local governing body of the town proposed modifications and revisions of this title. Public hearings on all proposed amendments shall be held in the manner prescribed by law, after which the Town Council shall approve, amend, or override the recommendations.

(Prior Code, § 12-1-6)

§ 12-1-7 CONDITIONS FOR DEVELOPMENT.

   The developer shall comply with reasonable conditions laid down by the Town Council for design, dedication, improvement, and restrictive use of the land so as to conform to the physical and economical development of the town and to the safety and general welfare of the future lot owners in the subdivision and of the community at large.

(Prior Code, § 12-1-7)

§ 12-1-8 VARIANCES.

   (A)   General requirements. Where the Town Council finds that extraordinary hardships or practical difficulties may result from strict compliance with this title, or the purposes of this title may be served to a greater extent by an alternative proposal, it may approve variances to this title so that substantial justice may be done and the public interest secured, if such variance does not have the effect of nullifying the intent and purpose of this title. The Town Council shall not approve variances unless it finds, based upon the evidence presented to it in each specific case, that:

      (1)   The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

      (2)   The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;

      (3)   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this title is carried out; or

      (4)   The variances will not in any manner vary the provisions of the zoning ordinance, master plan or official map.

   (B)   Conditions. In approving variances, the Town Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this title.

   (C)   Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Town Council. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.

(Prior Code, § 12-1-8)