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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)
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)
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)
(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)
(A) Compliance with state law. No plan of any development shall be accepted by the Town Council until it shall have been approved in the manner prescribed in this title and also shall be in compliance with the law of the state.
(B) Change of plans after Council approval. No changes, erasures, modifications, or revisions shall be made in any plan of a development after approval has been given by the Town Council and endorsed in writing on the plan, unless such plan is first resubmitted to the Planning Commission in writing and approved by the Town Council as a revised plan.
(Prior Code, § 12-1-9)
(A) Vested rights accruing to final plat. No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the Town Council. All requirements, conditions, or regulations adopted by the Town Council applicable to the subdivision or on all subdivisions generally shall be deemed a condition for any subdivision prior to the time of the signing of the final plat by the Town Council.
(B) Recording of plat. After the Town Council has approved and affixed its signature to the final plat, where necessary, it shall be the responsibility of the town to file the plat with the County Clerk’s office within 30 days of the date of signature. Simultaneously with the filing of the plat, the town shall record any other legal documents as shall be required to be recorded by the Town Attorney.
(C) Lot sales prior to recording of plat prohibited. No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Town Council, in accordance with the provisions of this title, and recorded with the County Clerk, where necessary.
(D) Issuance of subdivision permit; fee. After final approval, a subdivision permit will be issued by the town upon payment of the subdivision permit fee. The fee shall be the greater of $100 or $10 per lot up to a maximum fee of $1,000.
(E) Final acceptance; prerequisite to issuance of building permit; exception. The Building Inspector or substitute shall not issue building or repair permits for any structure on a lot in a development for which a final plan has not been approved in the manner prescribed in this title. It shall be the responsibility of the Building Inspector to check that all work is being performed in accordance with the final plans. However, it is the sole responsibility of the developer or contractor that all work shall be done according to the final plans, and acceptance by the Mayor shall not relieve any developer of this responsibility. Until final acceptance has been approved, the developer continues to be responsible for any and all maintenance. Any variance in the final plan not approved in writing shall be corrected by the developer at the developer’s expense within three months of written modification.
(F) Prerequisite to street improvements. The town shall withhold all public street improvements and services of whatsoever nature, including maintenance from all areas which have not been accepted by the Town Council in the manner prescribed in this chapter or by other official actions of the Town Council.
(Prior Code, § 12-1-10) (Ord. 2024-01, passed 4-4-2024)
(A) General administration and prohibitions.
(1) The Town Clerk-Treasurer and Town Council shall enforce this title and bring to the attention of the Town Attorney any violations or lack of compliance herewith.
(2) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Town Council, in accordance with the provisions of this title, and filed with the County Clerk.
(3) No building permit shall be issued for the construction of any building or structure located on a lot or plat of subdivision sold in violation of the provisions of this title.
(B) Violations and penalties. Wyo. Stat. §§ 15-1-511 and 15-1-512, as amended, provide the penalty for violations of the town planning and subdivision laws and regulations.
(C) Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity pursuant to existing ordinances of the town to prevent any violation of this title; to prevent unlawful construction; to recover damages; to restrain, correct, or abate a violation; to prevent illegal occupancy of a building, structure, or premises; and these remedies shall be in addition to the penalties described in division (B) above.
(Prior Code, § 12-1-11)