§ 18-5-306 — Minimum requirements for subdivision permits

Wyoming § 18-5-306

• Jurisdiction: Wyoming
• Title 18: Counties
• Ch. 5: PLANNING AND ZONING
• Art. 3: REAL ESTATE SUBDIVISIONS

Text

(a) The board shall require, and with respect to paragraph
(xii) of this subsection may require, the following information
to be submitted with each application for a subdivision permit,
provided the board may by rule exempt from any of the following
requirements of this subsection or subsection (c) of this
section, including paragraph (xii) of this subsection, the
subdivision of one (1) or more units of land into not more than
a total of five (5) units of land:
(i) Evidence satisfactory to the board that the
proposed subdivision complies with any applicable zoning or land
use regulations;
(ii) A survey plat submitted by the subdivider
containing the following:
(A) Date of preparation, scale and north arrow;
(B) The location of the subdivision including
the section, township and range;
(C) The location and dimension of existing and
proposed streets, alleys, roads, highways, public ways, utility
rights-of-way, easements, parks and the location of proposed
permanent buildings and structures if known.
(iii) Evidence satisfactory to the board that:
(A) The subdivider or his agent who offers any
part of the subdivision for sale or who solicits any offers for
the purchase thereof, may convey merchantable title subject only
to noted reservations or restrictions of record 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
(B) Binding arrangements have been made by the
person or his agent who offers any part of the subdivision for
sale, to assure purchasers of any part of the subdivision that
upon full payment of the purchase price a deed can and will be
delivered conveying merchantable title subject only to noted
reservations or restrictions of record and subject only to a
proportionate share of such taxes and assessments thereon as may
be levied or assessed for the year in which the sale may be
legally effected.
(iv) A study evaluating the sewage system proposed
for the subdivision and the adequacy and safety of the system.
The study shall, at a minimum, include the following:
(A) Identification of the type of sewage system
to serve the subdivision and identification of the entity or
entities responsible for the design, construction, operation and
maintenance of the proposed facility;
(B) For all types of sewage systems except
individual on-lot sewage systems, a report submitted by the
subdivider as to the adequacy and safety of the proposed sewage
system. The report shall address, at a minimum, the following
issues:
(I) An assessment of the adequacy of the
proposed sewage system in relation to the proposed population
density of the subdivision and any other existing or proposed
land and water uses in the vicinity of the subdivision that may
affect the adequacy of the system;
(II) An estimate of the total number of
gallons per day of sewage generated by the proposed subdivision
where a central sewage system is proposed;
(III) A demonstration that technical
requirements and design standards of the department of
environmental quality applicable to central sewage systems can
and will be met;
(IV) Where utilization of or connection to
an existing private or public sewage system is proposed,
documentation that application to such entity has been made and
that the entity can and will provide service;
(V) A detailed demonstration that the
proposed sewage system for the subdivision is compatible with
the proposed water supply system for the subdivision. The study
shall demonstrate that the operation of the sewage system will
not affect the suitability or safety of the proposed water
supply system and a determination of the potential impacts of
downgradient use of groundwater;
(VI) Demonstration that the proposed sewage
system will meet all county, state and federal standards. The
demonstration shall address the relationship of the development
to any local or state approved water quality management plans
established pursuant to section 201 of the federal Clean Water
Act, 33 U.S.C. section 1281 and demonstrate no conflict exists
with any state approved local wellhead protection plan or local
source water protection plan established pursuant to the federal
Safe Drinking Water Act.
(C) Where individual on-lot sewage systems are
proposed by the subdivider, a report submitted by the subdivider
shall document the safety and adequacy of the proposed on-lot
sewage systems including the following:
(I) Adequacy of separation distances;
(II) Separation of drainfield relative to
groundwater and impervious soils;
(III) Suitability of the subdivision soil
conditions;
(IV) Suitable topography;
(V) Proposed population density;
(VI) Protection of groundwater uses; and
(VII) Watersheds located on or draining
into, under or over the proposed subdivision.
(D) Where individual on-lot sewage systems are
proposed, the words "NO PROPOSED CENTRALIZED SEWAGE SYSTEM," in
bold capital letters shall appear on all offers, solicitations,
advertisements, contracts, agreements and plats relating to the
subdivision.
(v) If the subdivider proposes to utilize adjoining
property for sewers, drainage, sewer lines, power lines or other
utilities, the subdivider shall provide:
(A) Copies of binding easements of not less than
twenty (20) feet in width for the proposed facilities from each
property owner over whose land such services shall extend,
except that the board may accept copies of binding easements of
a width less than twenty (20) feet if the subdivider
demonstrates to the board's satisfaction that the easement is
adequate to protect the safety and health of the public and
provides adequate access for the maintenance of the facilities;
(B) A minimum access roadway right-of-way of
sixty (60) feet to the subdivision for all public ways.
(vi) A study evaluating the water supply system
proposed for the subdivision and the adequacy and safety of the
system. The study results shall, at a minimum, include the
following:
(A) Identification of the type of water supply
system proposed to serve the subdivision and identification of
the entity or entities responsible for the design, construction,
operation and maintenance of the proposed facility;
(B) For all water supply systems except
individual on-lot wells, a report submitted by the subdivider
demonstrating the adequacy and safety of the proposed water
supply system. The report shall address, at a minimum, the
following issues:
(I) The estimated total number of gallons
per day for the subdivision water supply system;
(II) Documentation that the proposed water
supply system will be compatible with and not adversely affected
by the sewage system proposed for the subdivision or any other
sources of pollution within a reasonable distance;
(III) List of all surface and groundwater
rights which will be used or which will likely be affected,
including state engineer application and permit numbers and
description of expected effects identified by the study;
(IV) Plans for the mitigation of water
right conflicts which will likely result from the use of water
within the proposed subdivision, as identified by the study,
unless such conflicts are deemed not to exist to the
satisfaction of the board;
(V) When connecting to an existing water
supply system, the report shall also contain:
(1) Documentation that public or
private water suppliers can and will supply water to the
proposed subdivision, stating the amount of water available for
use within the subdivision and the feasibility of extending
service to that area;
(2) Documentation concerning the
potability of the proposed water supply for the subdivision.
(VI) Where a centralized water supply
system is proposed containing a new source of water supply to be
developed, the report shall also demonstrate that the water
supply system is sufficient in terms of quality, quantity and
dependability and will be available to ensure an adequate water
supply system for the type of subdivision proposed. The report
shall include a narrative summary of:
(1) Where the water supply system
source is derived from groundwater, the geologic setting of the
water supply system source and the area of influence such as
nearby communities, sources of pollution, surface water bodies
and aquifers described by a Wyoming registered professional
geologist;
(2) The quantity, quality and source
of the water to be used including proposed and existing surface
and groundwater facilities and their locations. Where the
proposed water supply system for the subdivision is from a
groundwater source, a written report submitted by the subdivider
demonstrating that the proposed source is sufficient in terms of
quality, quantity and dependability for the type of subdivision
proposed;
(3) The proposed disposal of water not
consumed, including water obtained under permits, storm
drainage, dewatering, sewage and other wastewater sources;
(4) A delineation of primary sources
of water, secondary sources and occasional or seasonal sources;
(5) Graphic location of all water
supply sources including wells, raw water intakes, treatment
facilities, treated water storage facilities and ponds;
(6) Documentation of all data sources
on the occurrence and availability of surface and groundwater;
(7) Historic stream flows and well
levels;
(8) Senior water rights;
(9) Flood damage and flood protection;
(10) Impact of and protection from
supply shortages.
(C) Where individual on-lot wells are proposed
as the water supply system, a report submitted by the subdivider
demonstrating the safety and adequacy of the water supply system
shall address, at a minimum, the following:
(I) The estimated total number of gallons
per day for the subdivision;
(II) Information relative to the potential
availability and quality of groundwater proposed within the
subdivision which may consist of new data, existing data on
other working wells in the area, or other data, including
drilling logs, from a test well drilled within the proposed
subdivision indicating soil types, depth, quantity and quality
of water produced in the test well;
(III) Documentation that the proposed water
supply system will be compatible with and not adversely affected
by the sewage system proposed for the subdivision or any other
sources of pollution within a reasonable distance;
(IV) List of all surface and groundwater
rights which will be used or which will likely be affected,
including state engineer application and permit numbers, and
description of expected effects identified by the study; and
(V) Plans for the mitigation of water right
conflicts which will likely result from the use of water within
the proposed subdivision, as identified by the study, unless
such conflicts are deemed not to exist to the satisfaction of
the board.
(D) Where individual on-lot wells are proposed,
the words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold
capital letters shall appear on all offers, solicitations,
advertisements, contracts, agreements and plats relating to the
subdivision.
(vii) Documentation satisfactory to the board that
adequate access has been provided and that all proposed streets,
alleys and roadways within the subdivision conform to the
minimum standards adopted by the board and applied uniformly
throughout the county which shall not in itself constitute
consent of the board to locate, repair or maintain roadways and
facilities. If, however, the subdivider proposes to make any
streets, alleys or roadways private, then the subdivider shall
submit to the board properly acknowledged written certification
that certain streets, alleys or roadways within the subdivision
shall remain private and the board shall be under no obligation
to repair, maintain or accept any dedication of such roads to
the public use. If no such public maintenance is contemplated,
the subdivider shall put a legend on the plat of the
subdivision, on all advertisements and solicitations for the
subdivision and on all offers, contracts or agreements for the
sale and purchase of lots within the subdivision showing the
streets, alleys and roadways showing in capital letters "NO
PUBLIC MAINTENANCE OF STREETS OR ROADS";
(viii) Documentation satisfactory to the board that
the subdivider has adequate financial resources to develop and
complete any facility proposed or represented to be the
responsibility of the subdivider, including but not limited to
water supply systems, sewage systems, streets and roadways. The
applicant shall provide a performance bond, acceptable letter of
credit or other sufficient financial commitment to assure that
any facilities proposed or represented to be part of the
subdivision will in fact be completed as proposed, or escrow
sufficient monies out of land sales to guarantee that the above
facilities are installed. The amount of any bond or other
financial commitment or escrow required under this paragraph
shall reflect the estimated costs of providing the facilities;
(ix) Proof that the applicant has published notice of
his intent to apply for a permit once each week for two (2)
weeks within thirty (30) days prior to filing his application.
The notice shall include the name of the subdivider and the
general location of the land to be subdivided;
(x) Any other information consistent with this
article and the board's published rules and regulations which
the board deems pertinent or relevant to the evaluation of the
application;
(xi) With respect to any water rights appurtenant to
lands to be subdivided in accordance with this chapter and prior
to final approval of the subdivision permit, the subdivider
shall provide the following:
(A) The intended disposition of the water
rights, by:
(I) Written documentation from the state
engineer or the state board of control that the subdivider
submitted to the state engineer or the state board of control
all documents necessary to voluntarily abandon the water rights,
cancel any unadjudicated permits or eliminate applicable lands
from any unadjudicated permits. The subdivider shall notify any
purchasers of this action;
(II) Written documentation from the state
board of control that the subdivider has submitted to the state
board of control all documents necessary to change the use or
place of use to provide for beneficial use of the water rights
outside the subdivision;
(III) A plan, accompanied by written
documentation from the state engineer approving the plan, for
the distribution of the water rights appurtenant to the land to
be subdivided. The plan shall specify the distribution of the
water to the lots within the subdivision and shall include
written documentation from the state board of control that the
subdivider submitted to the state board of control all documents
necessary to change the use, place of use or point of diversion
or means of conveyance in accordance with W.S. 41-3-103, 41-3-
104 or 41-3-114; or
(IV) Written documentation from the state
board of control that it has accepted an authorization to detach
water rights appurtenant to the lands to be subdivided in
accordance with rules and regulations promulgated by the state
board of control.
(B) If the subdivision is located within lands
served by or crossed by a ditch, irrigation works or other water
conveyance system, evidence that the subdivider submitted the
plan to the public entity, company, association or appropriators
responsible for the ditch, irrigation works or other water
conveyance system for review and recommendation at least sixty
(60) days prior to the submittal of the application for the
subdivision permit to the board. Upon receipt of the plan, the
public entity, company, association or appropriators shall
notify the subdivider if and how the subdivision will create a
significant additional burden or risk of liability;
(C) Evidence that the subdivider will
specifically state on all offers and solicitations relative to
the subdivision the subdivider's intent to comply with this
paragraph and that the subdivider does not warrant to a
purchaser that the purchaser shall have any rights to the
natural flow of any stream within or adjacent to the proposed
subdivision. The subdivider shall further state that Wyoming law
does not recognize any riparian rights to the continued natural
flow of a stream or river for persons living on the banks of the
stream or river;
(D) If the subdivision is located within the
boundaries of an irrigation district that is subject to the
provisions of title 41, chapter 7 of the Wyoming statutes, the
application shall include recommendations from the irrigation
district regarding any changes to the attached water rights and
the irrigation district's easements. If there is a conflict with
the irrigation district's recommendations, the subdivider shall
certify that it met with and made a good faith effort to resolve
any conflicts with the irrigation district; and
(E) If the subdivision will create a significant
additional burden or risk of liability to the public entity,
company, association or appropriators responsible for the ditch,
irrigation works or other water conveyance system, the
subdivider shall provide an adequate and responsible plan to
reduce or eliminate the additional burden or risk of liability
and evidence that the subdivider submitted the plan to the
public entity, company, association or appropriators for review
and recommendation regarding the adequacy of the plan.
(xii) Evidence that all parcels of land created by
the subdivision will be subject to written and recorded
covenants or other instruments creating an entity, binding on
subsequent owners of the land within the subdivision. The
entities that may be used include, but are not limited to,
special improvement districts, homeowners associations and
mutual benefit corporations. The board shall not mandate the
creation of an entity with the ability to interfere with any
owner's ability to use his private property, except to collect
any assessment. The entity shall have the ability to address the
following topics:
(A) Maintenance and responsibility for common
areas, roads and water supply systems and assessments against
all parcels of land in the subdivision to defray the costs
thereof;
(B) Continued management of the entity.
(xiii) If required under W.S. 18-5-319, plans for the
construction of perimeter fences, including the type of
perimeter fence to be constructed, the materials to be used and
the subdivider's plan for paying the costs of the perimeter
fence and the construction of the perimeter fence.
(b) The board shall require the applicant to obtain review
and recommendations from the local conservation district
regarding soil suitability, erosion control, sedimentation and
flooding problems. The review and recommendations shall be
completed within sixty (60) days.
(c) Upon receipt of a subdivision permit application filed
with a county and prior to subdivision permit approval, the
county or subdivider shall send three (3) copies of the portions
of the application prepared under this section to the department
of environmental quality for review of the safety and adequacy
of the proposed sewage system and proposed water supply system.
The review shall be conducted in accordance with the following
guidelines:
(i) The department may request assistance from the
state engineer, the Wyoming water development office and any
other state agency or local governmental entity in preparing its
review. Any agency or entity requested to assist in the review
shall fully cooperate to the extent possible with the department
and shall furnish the information or recommendations requested
within the time period specified by the department;
(ii) To the extent requested by a county government,
the administrator of the water quality division, with the
approval of the director of the department of environmental
quality, shall delegate authority to the county to review any
reports or studies required by this section directed at
determining the safety and adequacy of the proposed sewage or
water supply system contained as part of a subdivision
application. Any authority delegated under this section shall be
subject to the following conditions:
(A) The county entity shall demonstrate to the
administrator of the water quality division that all sewage or
water supply systems will be reviewed by a qualified
professional with expertise in surface and groundwater
protection from pollution and safe and adequate water supply
systems;
(B) The local government shall demonstrate that
the review of water supply and sewage systems will be in a
manner as stringent as the department of environmental quality
would require under this section;
(C) The review of subdivisions with a proposed
sewage system consisting of wastes requiring an underground
injection control permit under department of environmental
quality regulations or sewage systems with a proposed surface
water discharge shall not be delegated to the county; and
(D) The administrator shall periodically review
the administrative programs of each county governmental entity
receiving a delegation of authority under this section and may,
with the consent of the director, revoke or temporarily suspend
the delegation agreement entered into with any entity which has
failed to perform its delegated duties or has otherwise violated
the terms of its agreement of delegation.
(iii) The department shall file its written comments
and recommendations on the application with the commission or
board within thirty (30) days after receipt of the application.
The department may extend its review period for an additional
thirty (30) days if an extension is necessary to complete the
review.
(d) If the permit is approved the board shall require the
applicant to put a legend on the plat and on all offers,
contracts or agreements for the sale and purchase of lots within
the subdivision showing in capital letters "THE SURFACE ESTATE
OF THE LAND TO BE SUBDIVIDED IS SUBJECT TO FULL AND EFFECTIVE
DEVELOPMENT OF THE MINERAL ESTATE".