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TOWN OF DAYTON, WYOMING
ORDINANCE #406

AN ORDINANCE FOR THE PURPOSE OF REPEALING & RESTATING TOWN OF DAYTON ORDINANCE TITLE 16 SUBDIVISION REGULATIONS OF THE TOWN OF DAYTON, WYOMING.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DAYTON, WYOMING.

TITLE 16
SUBDIVISION RULES & REGULATIONS

This Ordinance hereby replaced and restates, in its entirety, the Title 16 Subdivision rules and regulations of the Town of Dayton, Wyoming ordinances as follows:

Repealed Ordinances & Chapters:
16.04-Definitions
16.08-Administration
16.12-Classification of subdivisions
16-16-Plats
16-20-Minimum design standards
16-24-Variances and exceptions

Restated Ordinances & Chapters:
16.04-Definitions
16.08 Administration
16.12-Classification of subdivisions
16-16-Plats
16-20-Minimum design standards
16-24-Variances and exceptions
                   

CHAPTER 16.04

DEFINITIONS

SECTION:

16.04.010:  Definitions

16.04.010:  DEFINITIONS:  Definitions for interpretation of the rules and regulations in this
title are set out in this chapter.

ALLEY:      A public thoroughfare which affords only a secondary means of access to abutting
property.

BLOCK:     A             piece of land entirely surrounded by public highway, streets, streams, railroad     
rights of way or parks, etc., or a combination thereof.

CUL-DE-SAC: A street having one end open to traffic and being permanently terminated by a     vehicle turnaround.

DESIGN:   The location of streets, alignment of streets, grades and widths of easements,            lignment and rights of way for drainage and sanitary sewers, and the designation of              minimum lot area, width and length.

EASEMENT:  A grant by the property owner to the public, a corporation or persons of the use of a strip of land for specific purposes.

FINAL PLAT:  A plan or map prepared in accordance with the provisions of this title and those   of any prepared to be placed on record in the office of the register of deeds of                                Sheridan County, Wyoming.

GOVERNING BODY:  Town Council:  The Town Council of the Town of Dayton, Wyoming
County Commission:  The Board of Sheridan County, Wyoming Commissioners

IMPROVEMENT:  Street work and utilities that are to be installed or agreed to be installed, by   the subdivider on the land to be used for public or private use of the lot                                          owners in the subdivision and local neighborhood traffic and drainage needs, as a condition precedent to the approval and acceptance of the final map or filing of the record of the survey map thereof.

 

LOT:    A portion of land in a subdivision, or other parcel of land, intended as a unit for transfer  of ownership or for development.

MAJOR THOROUGHFARE:  A street, highway, or roadway designated as such on the official
major street plan.

MARGINAL ACCESS STREET OR FRONTAGE ROAD:  A minor street is generally parallel
to or adjacent to a major traffic thoroughfare, highway or railroad right of way and provides access to abutting properties.

MINOR SUBIDIVISION:  A division of a parcel of land into two (2) lots, which does not create any new streets or vacate any existing streets and which does not require the extension of any municipal utilities or the creation of any new public improvements.

PEDESTRIANWAY:  A right of way dedicated to public use, which cuts across a block to           facilitate pedestrian access to adjacent streets and properties.

PLANNING AREA:  That area on a map prepared and maintained for or by the Town Council     describing the planning area limits.

PLANNING COMMITTEE:  The planning committee of the Town of Dayton, Wyoming.

PRELIMINARY PLAT:  A map made for the purpose of showing the design of a proposed          subdivision and the existing conditions in and around it.  This map need not be based on an accurate or detailed final survey of the property.

SECRETARY:  The secretary of the planning committee.

SETBACK LINE OR BUILDING LINE:  A line on a plat generally parallel to the street right of 
way, indicating the limit beyond which buildings or structures may not be erected or altered,
except as otherwise provided in the zoning regulations of the town.

STREET:  A right of way dedicated to public use, or a private right of way serving more than      one ownership, which provides principal vehicular and pedestrian access to adjacent                     properties.

SUBDIVIDER:  A person, firm, entity, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.

SUBDIVISION:  The division of a tract of land into three (3) or more lots or parcels for the
purpose of transfer of ownership, or building development, or, if the construction of a new street is required. The term “subdivision: includes” resubdivision” as used in this title shall include any further subdivision of a lot or parcel of land previously subdivided, for sale, use or other purposes, which varies from the latest, approved subdivision of the same.

 

CHAPTER 16.08

ADMINISTRATION

SECTION:
16.08.010:  Applicability of Provisions
16.08.020:  Plat Approval
16.08.030:  Conference with Subdivider For Minimum Standards
16.08.040:  Certified Plat Requirements
16.08:050:  Certified Plat Requirements for a Minor Subdivision
16.08.060:  Approval Required
16.08.070:  Building Permits

16.08.010:  APPLICABILITY OF PROVISIONS:  The regulations contained in this title shall apply to the subdivision of a tract or parcel of land into two (2) or more lots, except where otherwise noted, tracts or other divisions of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots.

16.08.20:  PLAT APPROVAL:  All plans, plats or replats of land laid out in building lots, hereafter made for each subdivision or each part thereof lying within the town limits of the town shall be prepared and presented and shall be approved by the Town Council and recorded as prescribed in this title.  Any subdivision lying outside of and within one mile of the Town limits of Dayton, Wyoming shall be subject to approval by both the Town Council and the Sheridan County Commissioners.

16.08.030:  CONFERENCE WITH SUBDIVIDER FOR MINIMUM STANDARDS:  The Town Council shall have the right to confer with the subdivider regarding the type and character of development that will be permitted in the subdivision, and may require that certain minimum regulations regarding this matter be incorporated in the deed restrictions.  Such regulations shall be intended to protect the character and value of the surrounding development of the property which is subdivided. 

16.08.040:  CERTIFIED PLAT REQUIREMENTS:  Where there is a dividing of a single parcel of land into three (3) or more lots, a certified plat prepared by a licensed surveyor or engineer shall be presented to the planning committee and Town Council for approval showing street, water, raw water, natural gas lines and sewer access.  Such subdividing shall only be approved where proper street width of sixty feet (60’) (property line to property line) be developed and established or an established, existing street of less than the required width, exists and abuts the property.

16.08.050:  CERTIFIED PLAT REQUIREMENTS FOR A MINOR SUBIDIVISION:  Where there is a dividing of a parcel of land into two (2) lots, and the streets and utilities are already in place, a sketch drawing must be submitted to the planning committee and a final plat will be submitted to the Town Council.  If the Dayton Town Council deems it necessary, they may require a preliminary plat prepared by a licensed surveyor or engineer.  The preliminary plat shall be presented to the planning committee and to the Dayton Town Council for approval showing street, water, raw water, natural gas lines and sewer access.

16.08.060:  APPROVAL REQUIRED:  All plans, plats or replats of land laid out in building lots, and the streets, alleys or other portions of the same intended to be dedicated for public use, or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto, shall be submitted to the planning committee for its consideration and its recommendation shall be submitted to the Dayton Town Council for its official consideration and action.

16.08.070:  BUILDING PERMITS:  After the date of the adoption of these rules and regulations by the Town Council, no building permit or zoning permits shall be issued for any structure that is located upon a lot in a subdivision that has not been subdivided and approved in the manner as provided for in this title.  This shall not apply to subdivisions or lots of record which were platted prior to the adoption of this title.

A.        No such plat or replat or dedication or deed of a street or public way shall be filed with the register of deeds, as provided by law, until such plat or replat or dedication or deed shall have endorsed on it the fact that it has been submitted and approved by the planning committee and Town Council, per W.S. 34-12-103.

B.        No building permit will be issued for the construction of a building or a new home in a subdivision or replat of lots until all infrastructure has been completed and final approval given by the Dayton Town Council.

 

CHAPTER 16.12

CLASSIFICATION OF SUBDIVISIONS

SECTION:

16.12.010:  Designated
16.12.020:  Requirements

16.12.010:  DESIGNATED: 

A“Class A” means all subdivisions located within the corporate limits of the town.

B.  “Class B” means:
1.  All subdivisions adjoining or touching the corporate limits of the town;

2.  Any subdivision adjoining or touching the boundaries of a tract or for which annexation proceedings have been commenced by the town;

3.  Any subdivision touching or adjoining an approved subdivision which touches or adjoins the corporate boundaries of the town.

C.  “Class C” means a subdivision lying within one mile of the corporate boundary of the Town of Dayton that does not adjoin the town limits, that does not adjoin another subdivision that adjoins or touches the town limits, and does not lie adjacent to a major thoroughfare. 

16.12.020:  REQUIREMENTS:  In all A & B classes of subdivisions the approval of the plat and the lots shall require the availability of public sewer and public water supply including raw water.  In all Class C Subdivisions, the approval of the plat and the lots shall require the availability of public water supply.  Raw water and sewer shall not extend to Class C subdivisions.  The determination of whether or not public utilities are available in sufficient quantities to serve the subdivision shall be made in the following manner:

A.  A copy of the preliminary plat shall be sent to the engineering firm the Town of Dayton has contracted with for preliminary recommendations on the availability of water and sewer.

B.  A copy shall be sent to the Superintendent of Streets and Maintenance and the Director of Water and Waste Water or designated representative of the town for a report on compliance with this title and title 17 of this code.  The recommendation of the engineering firm the Town of Dayton has contracted with and a report from the Superintendent of Streets and Maintenance and
Director of Water and Wastewater shall be sent to the planning committee for review and action.

C.  The following items shall be addressed by the developer with Town Officials (Mayor and Staff) prior to submitting a preliminary plat:
a.  The number of lots in the proposed subdivision
b.  Annexation of the subdivision and any county roads if it lies outside the Town                  Boundaries.
c.  If subdivision borders county road it will be required to have asphalt, curb & gutter.
d.  The number of entrances into and exits from the proposed subdivision.
e.  Opinions of the Superintendent of Streets and Director of Water and Wastewater                          about water, sewer, raw water and natural gas lines.
f.  The need for sewer lift stations for any of the proposed lots.
g.  Minimum lot size and zoning setbacks.
h.  An executed Subdivider’s Agreement with proof of bonding will be required.
i.   Requirement to bury all utility lines.
j.   Availability of electricity and other services.

D.  Prior to filing of the preliminary plat, the subdivider shall contact the engineering firm the Town of Dayton has contracted with and/or administrative personnel to determine the master plan requirements for major streets, land use, parks, schools and public open spaces.

E.  Determine the zoning requirements for the property in question and adjacent properties. 

 

CHAPTER 16.16
PLATS

SECTION:

16.16.010:  Preliminary Plats
16.16.020:  Final Plat; Procedure
16.16.030:  Distribution of Recorded Plat Copies

 

16.16.010:  PRELIMINARY PLATS:  After reaching the preliminary conclusions regarding the Requirements 16.12.020 for the proposed subdivision, the subdivider shall submit a preliminary plat, together with any supplementary information necessary to the town clerk.

  1.  Submission of Preliminary Plat:

 

1.  Filing Fee:  A filing fee of three hundred dollars ($300.00) shall accompany the filing             of each preliminary plat.

              2.  Number of Copies:  The subdivider shall submit four (4) copies of the preliminary                        plat and four (4) copies of a vicinity map (if not on the preliminary plat) to the town                      council and four (4) copies to the planning committee showing the location of the                         proposed subdivision.  These plans shall be filed with the town clerk at least fifteen                     (15) days prior to a regular planning committee meeting at which the preliminary plat                    is to be considered.

               3. Required Contents For The Preliminary Plats:

a.  The proposed name of the subdivision.  The name shall not duplicate or too                                   closely resemble the name or names of any existing subdivision.

b.  The location of the boundary lines of the subdivision and reference to the section                          or quarter section lines.

                   c.  The names and addresses of the developer, licensed surveyor or professional                                  engineer who prepared the plat.

                   d.  Scale of the plat, one-inch equals one hundred feet (1” = 100”) or larger.

                   e.  Date of preparation and north point.

                   f.  Existing conditions:

(1) Location, width and name of platted street or other public ways and utility                                 rights of way, parks and other public open spaces and permanent buildings within                         or adjacent of the proposed subdivision shall be shown on the preliminary plat. 

                        (2) All existing sewers, water mains, raw water mains, culverts or other                                          underground installations within the proposed subdivision, or adjacent thereto,                              with pipe size and manholes, grades and location shall be shown.

                        (3) Names of adjacent subdivision, together with arrangement of streets and lots,                            and owners of adjacent parcels of unsubdivided land shall be shown. 

                        (4) Topography (unless specifically waived) with contour intervals of not more                              than five feet (5’), referred to town or USGS datum shall be shown; also, location                          of watercourses, bridges, wooded areas, lakes, ravines and such other features as                           may be pertinent to the subdivision shall be shown.

                   g.  The general arrangement of lots and their approximate size.

                   h.  Location and width of proposed streets, alleys, pedestrian-ways and easement.

                    i.  Location and size of proposed parks, playgrounds, or other special uses of land to                         be considered for reservation for public use.

                    j.  General layout of adjacent unsubdivided property to show how streets and other                            public facilities in the proposed subdivison relate to the unsubdivided property.

                   
B.  Town Council Decision:  Action by the Town Council to approve or deny the preliminary plat shall be conveyed to the subdivider in writing within ten (10) days after the official council meeting at which time the plat was considered.  In case the plat is disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the town council.  The approval of the preliminary plat does not constitute an acceptance of the subdivision, but is deemed to be an authorization to proceed with the preparation of the final plat.  The approval of the preliminary plat shall only be effective for a period of one year, unless an extension is granted by the planning committee.  If the final plat has not been submitted for approval within this specified period, a preliminary plat must be submitted again to the planning committee for approval. 

 

16.16.020:  FINAL PLAT; PROCEDURE:

A.  Procedure:

      1.  Submission:

           a.  After approval of the preliminary plat, the subdivider shall submit a final plat for recording purposes to the Town Clerk.

            b.  The original (on Mylar) and three (3) prints thereof shall be submitted to the Town Clerk at least fifteen (15) days prior to the planning committee public hearing.

            c.  The names and signatures of owner or owners of the property, duly acknowledged and notarized shall appear on the original copies submitted.

            d.  The final plat prepared for recording purposes shall be drawn at a scale of at least one-inch equals one hundred feet (1” =100’) or larger.  The size of the sheet on which final plat is prepared shall be made in accordance with Wyoming Statutes.

 

   2.  Information:  The final plat shall show and contain the following information:

            a.  Name of subdivision (not to duplicate or too closely approximate the name of any existing subdivision).

            b.  Location of section, township, range, county and state, including the descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions, which must be mathematically closed.  The allowable error of closing on any portion of the plat shall be one foot (1’) in five thousand (5,000).

            c.  The location of monuments shall be shown and described on the final plat.  Location of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including the true angles and distances to such reference points or monuments.

            d.  The location of lots, streets, public highways, alleys, parks and other features with accurate dimensions in feet and decimals of feet with the length of radii on all curves, and other information necessary to reproduce the plat on the ground.  Dimensions shall be shown from all curves to lot lines.

            e.  Lots shall be numbered clearly.  Blocks shall be numbered or lettered clearly in the center of the block.

            f.  The exact locations, widths, and names of all streets to be dedicated.

            g.  Location and width of all alleys to be dedicated.

            h.  Boundary lines and description of the boundary lines of any area other than streets and alleys which are to be dedicated or reserved for public use.

            i.  Building lines and description of the boundary lines of any area other than streets and alleys which are to be dedicated or reserved for public use.

            j.  Building setback lines on the front and side streets with dimensions.

            k.  Names and address of the developer and licensed surveyor making the plat.

            l.  Scale of plat (scale to be shown graphically and in feet per inch), date of preparation and north point.

            m. Statement dedicating all easements.

            n.  Statement dedicating all streets, alleys and all other public areas not previously dedicated.

    3.  Extent and manner of physical improvement:  As a condition to the approval of a final plat, the subdivider shall agree to install and construct the following improvements:

         a.  Streets: Streets shall be surfaced with concrete, asphaltic concrete, or materials approved by the engineer the town has contracted with and shall include curb and gutter.  Town streets and roadways shall be improved in accordance with the requirements and specifications of the engineer the town has contracted with and shall include drainageways.  All required streets, curbs and gutters shall be installed and completed before any building permits will be issued.

         b.  Water:  Water lines shall be installed in proper easements or within the limits of the street and alley right of way and shall be a size as approved by the engineer the Town has contracted with.  Approval, in writing, of the plans and specifications for the water system shall be made by engineer the Town has contracted with.

          c.  Sewer:  The sewer system shall be constructed to provide service to each lot within the subdivision.  The system of lateral sewers shall collect the sewage within the subdivison and discharge it into a main sewer or a community disposal system approved by the engineer the Town has contracted with and an approval, in writing, of the plans and specifications for the sewer system shall be made by the engineer the Town has contracted with.

          d.  Street Signs:  Street signs will be supplied and erected by the Town of Dayton.

          e.  Sidewalks:  Sidewalks shall be a minimum of four feet (4’) in width and meet ADA requirements where required by the Town Council.

           f.  Other Improvements:  Other improvements may be required, such as tree planting, retaining walls, drainage structures etc., such improvements shall be made in accordance with the recommendations of the Town Council and the engineer the Town has contracted with.

            g.  Public Utilities:  The subdivider of any minor or major subdivison shall, at his own expense, cause the installation of the following public utilities to be made available to each lot and parcel within the subdivision:

                  (1)  Electrical distribution systems including electrical lines for streetlights.

(2)  Telephone communication systems.

                  (3)  Gas distribution systems (pending availability of natural gas).

                  (4)  Fiberoptic or other technologies.

                   (5) Raw water line distribution systems.

                   (6) Fire Hydrants

All public utilities including service laterals within any subdivision in the Town of Dayton shall be installed underground.  If said utilities are placed in the street right of way, they shall be located between back of curbs and citizens’ property lines.  Such underground facilities shall be installed after the street has been brought to grade and before it is surfaced to eliminate the necessity for disturbing such surfacing for the connection of individual services.

            h.  Utility Lines:  Utility lines shall be designed by a licensed professional engineer or by the utility firms in cooperation with the subdivider.  All applicable laws, rules and regulations of appropriate regulatory authority having jurisdiction over such facilities shall be complied with.

4.  Bonding For Improvements: Prior to the recording of any approved plat, the developer shall have completed the improvements on the plat and posted a bond as required in an amount of one hundred ten percent (110%) of the amount of the work to be completed.  Developer must sign the town subdivider’s agreement.  Developer shall also submit proposed agreements, work schedule and estimated completion times to accomplish the improvements approved in the final plat stage. Off-site improvements, if required, are bondable items.

            a.  Type of Bond:  The Town will accept only the following types of bond:

                  (1)  Certified Check or,

                  (2)  Cashier’s check, or

                  (3)  Certificate of deposit made to, irrevocable, assigned to the Town of Dayton, or

                  (4) Any negotiable securities or letter of credit or performance bond.

            b.  Amount:  The bond, if approved by the town, shall be one hundred ten percent (110%) of the estimated improvements.  A higher percent may be required, if, in the opinion of the engineer the town has contracted with, town council or planning committee, the improvements may take over six (6) months to complete.
c.  Documentation/Agreements:  The developer shall provide detailed plans, e.g., drainage areas, cross sections, sizes of culverts, cost per each, revegetation costs, etc., which are needed to determine the total dollar amounts required to ensure that the improvements will be completed.

           
d.  Town Council Review:

(1) Submittal of Plans to Engineer the Town has contracted with:  All documents         plans, estimates, and bond proposals shall be submitted to the engineer the town has contracted with, who will coordinate the reviews with the appropriate agency.  If the proposal meets the requirements of this title, the developer shall be notified by the staff who will forward the proposal to the town council in the appropriate time.  The engineer the town has contracted with shall have a minimum of ten (10) days to review the final plat.

(2) Acceptance By The Town:  The council may, after all other considerations have been made, review the proposal and, if appropriate, accept the proposal.  Official acceptance is by resolution.  The resolution shall state the conditions of acceptance, amounts time frames, and conditions of bond release.

 

e.  Release of Bond:  The council shall release bonds only after certification of completion.  The developer shall, in writing, and at the completion of the project, make request of the staff to make final inspection.  The engineer the town has contracted with shall inspect the work and make a written report as to the completion and compliance with the conditions of approval and this title.  If the project requires additional work, the developer shall, when appropriate, request another final inspection.  If, in the opinion of the staff, the proposal meets the standards, then they shall notify the council of said compliance.  The council may at that time release the portion of the bond covering the materials and work performed.  The city shall keep ten percent (10%) of the total bond amount as a performance bond for eleven (11) months after the proposal was first accepted.

f.  Performance Bond:  At the end of the eleven (11) month probationary time, the developer shall request another inspection and shall follow the procedures as above.

g.  Bond For Completed Improvements:  Developers shall post a bond for at least ten percent (10%) of the cost of the completed improvements as determined by the engineer the town has contracted with, as assurance that the improvements will not fail within a twelve (12) month period.  At the end of the period, the engineer shall reinspect the improvements.  If repairs are deemed necessary by the engineer, the cost of the repairs shall be deducted from the bond; any unused monies will be returned to the developer.

B.  Filing Fee:  The final plat shall be accompanied by a fee in the amount of three hundred                dollars ($300.00).

C.  Certifications Required:

1.  Certification shall be shown on the final plat, signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted.  The original and three (3) copies of the plat submitted shall carry the signatures of the owner or owners or corporation and shall be duly notarized by a notary public.  The original plat must be recorded in the Sheridan County Courthouse.

2.  A certification by a licensed surveyor shall be shown on the final plat stating that the physical and mathematical details of the plat are correct.

 

3.  Space shall be reserved on the plat to certify approval and for the date and signatures of the following:

      a.  Chairman and secretary of the planning committee.

      b.  Town Council, to be signed by the Mayor and attested by the Town Clerk.

      c.  Space for the recording of the instrument and the name of the Sheridan County Clerk.

D.  Documents Required:

1.  Plan and profile prints of streets to be dedicated, indicating the grades thereon, may be required by the planning committee for plats submitted.

2.  Certificates stating that all taxes and encumbrances have been satisfied on record on the land to be dedicated as streets, alleys or other public purposes.

3.  If private restrictions are to be filed affecting the subdivision or any part thereof, two (2) copies shall be submitted to the Town Clerk with the final plat.

E.  Review:  After the review of the final plat by the planning committee, such final plat, together       with the recommendations of the planning committee shall be transmitted to the town council       as required by law for their review and action. (Ord. 354, 2009:  Ord. 325, 2004)

16.16.030:  DISTRIBUTION OF RECORDED PLAT COPIES:  Seven (7) copies of the recorded plat shall be provided by the subdivider and shall be submitted to the town clerk for distribution as follows:

A.        Town of Dayton File (2).

B.        Engineer the Town has contracted with.

C.        Sheridan County Engineer.

D.        Utility companies.

E.         Developer.

F.         Sheridan County Clerk (Ord. 325, 2004)

 

CHAPTER 16.20

MINIMUM DESIGN STANDARDS

SECTION:

16.20.010:       Streets, Alleys and Public Ways
16.20.020:       Lots
16.20.030:       Easements
16.20.040:       Open Space Dedication

 

16.20.010:       STREETS, ALLEYS AND PUBLIC WAYS:

A.        Street Names:  Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets.

B.        Major Streets:  Major streets through subdivisions shall conform to the Transportation system of the Community Development Plan as adopted by the planning committee and the Town Council. 

C.        Cud-De-Sacs:  Cul-de-sacs shall be permitted only when topography or ownership prevents normal subdivison of a tract or plat of ground.  The cul-de-sacs shall normally be no longer than five hundred feet (500’), including an adequate turnaround which shall be provided at the closed end and a width of sixty feet (60’), property line to property line.

D.        Right Angle Intersections:  Under normal conditions streets shall be laid out to intersect, as nearly as possible, at right angles.  Where topography or other conditions justify a variation from the right-angle intersection, the minimum angle shall be sixty degrees (60○).

E.         Half-Streets:  Dedication of half-streets will not be approved, except where it is essential to the reasonable development of the subdivision and in conformity with the Transportation system of the Community Development Plan and other requirements of these regulations.

F.         Alleys:  Alleys shall be provided in commercial and industrial districts, except the requirements may be waived where other definite and assured provisions are made for service access to off street loading and unloading areas and to off street parking areas, consistent with, and adequate for the uses proposed.  Alleys may be required in certain residential areas.

 

G.        Minimum Requirements:  All streets, alleys and public ways, included in any subdivision, hereafter dedicated and accepted, shall not be less than the minimum dimensions for each classification as follows:

            1.  Major Streets:

                 a.  Arterials, one hundred feet (100’).

                 b.  Collectors, eighty feet (80’).

            2.  Local Streets, sixty feet (60’).

            3.  Cul-de-sacs, sixty feet (60’) radius on turnaround.

H.        Marginal Access Streets or Frontage Roads:

            1.  Two-way, fifty feet (50’).

            2.  Alleys, twenty feet (20’).

I.          Additional Requirements:  When existing or anticipated traffic or arterial collector thoroughfares warrants greater widths or rights of way, the additional width shall be provided.

J.          Drainage Easements:  Drainage easements may be required in addition to street rights of way where the street or streets adjoin or are parallel with streams or drainage areas or where lots abut to where the drainage areas exist.  The width of such drainage easement shall be determined by the engineer the town has contracted with and/or the Sheridan County Engineer who shall notify the planning committee of this recommendation in writing.

K.        Street Grades:  The grades of streets, alleys and other public ways included in any subdivision shall not be greater than is necessary for the topographical conditions and in no case, shall exceed eight percent (8%). 

 

16.20.020:  LOTS:

A.        Minimum lot size shall be seven thousand five hundred feet (7,500’) square feet.

B.        Every lot shall abut on a street other than an alley.

C.        Building or setback lines shall be shown on the final plat for all lots in the subdivision and shall not be less than the setback required by the zoning regulations.

D.        The subdivison or resubdivision of a tract or lot shall not be permitted where the subdivision or resubdivision places an existing permanent structure in violation of the requirements of the zoning regulations.  (Ord. 325, 2004)

 

16.20.30:  EASEMENTS

A.        Where alleys are not provided, permanent easements of not less than seven and one-half feet (7 ½’) in width shall be provided on all rear lot lines, and on side lot lines, where necessary, for utility poles, wires, conduits storm and sanitary sewers, gas, water and heat mains and other public utilities.  These easements shall provide for a continuous right of way at least fifteen feet (15’) in width.

B.        An additional twelve foot (12’) temporary construction easement shall be provided for initial construction of water, sewer and other utility lines. 

16.20.040:  OPEN SPACE DEDICATION: 

A.        In subdividing land or resubdividing an existing plat, due consideration should be given by the subdivider to the dedication or reservation of suitable sites for parks, playgrounds or other public recreational areas or open spaces.  Any areas so dedicated or reserved shall conform as nearly as possible to the Town of Dayton’s Community Development Plan.  All areas proposed to be reserved for or dedicated to public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate entity.

            1.  A public park, playground or other public recreational area cannot be declared, dedicated, constructed, or installed without approval of the Town Council.

 

            2.  Any open space which the Town Council has not adopted as a public park, playground or recreational area or any other space which the Town Council has not specifically accepted the responsibility of maintenance for shall be the responsibility of the developer and lot owners.  Developer is required to provide with its Final Plat covenants which provide the means and methods of maintenance for the open space. Means and methods shall include but are not limited to a standard of maintenance which shall prevent the open space from violating the Town of Dayton Ordinances, means for the collection of dues or other fees which are enforceable upon lot owners, and allow for the creation of a legal entity with the authority to enforce dues or fees and enter into contracts.

 

CHAPTER 16.24

VARIANCES AND EXCEPTIONS

SECTION:

16.24.010:  AUTHORIZATION

 

16.24.010:  AUTHORIZATION:  Whenever it is found that the land included in a subdivision plat presented for approval is of such size, shape or is subject to, or is affected by topographical location or conditions, or is to be devoted to such usage that full conformity to the provisions of these regulations is impossible or is impractical, the planning committee may recommend to the town council, by letter of transmittal, that the town council authorize variances or exceptions in the final plat so that substantial justice may be done and the public interest secured.  In recommending such variances or exceptions, the planning committee shall find the following.

A.        That there are special circumstances or conditions affecting the property.

B.        That the variances or exceptions are necessary for the reasonable and acceptable development of the property in question.

C.        That granting of the variance does not injure any neighboring properties. 

 

 

PASSED, APPROVED AND ADOPTED AFTER THREE READINGS THIS ______ DAY OF _________, 2018.

                                                                        MAYOR TOWN OF DAYTON

                                                                                                                                                                                                                                     ______________________________
NORM ANDERSON

ATTEST:

________________________
Linda Lofgren, Clerk

 
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