Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.020 Acceptance by town of utilities, streets, etc.
17.05.030 Development by phases.
17.05.040 Lot splits smaller than land use requirements.
17.05.050 Preliminary plan – Required.
17.05.060 Preliminary plan – Amendment.
17.05.070 Preliminary plan – Period of validity.
17.05.080 Preliminary plan – Referral and review.
17.05.090 Preliminary plan – Contents and supplemental information.
17.05.100 Final plat – Submission – Review – Approval.
17.05.110 Final plat – Form and content.
17.05.120 Vacation plats – Required – Petitions in lieu of plats.
17.05.130 Vacation plats – Form and content.
17.05.140 Improvement guarantees.
17.05.150 Abbreviated method of platting land within part of an approved and platted subdivision.
17.05.010 Applicability.
The regulations of this title shall be in effect whenever two or more parcels are created by a person for the purpose of sale or building development. Unless the method of sale or lease is adopted for the purpose of evading this title, this title shall not apply to:
(a) The subdivisions of land for cemetery lots.
(b) Simple realignment of property lines which do not create additional lots; however, realignments of property lines which do not create additional lots are subject to submittal of plans to the town of Wheatland planning office for review and approval to ensure that the minimum standards and intent of the town development code are met. [Ord. 717, 2005. 1996 Code § 7-86.]
17.05.020 Acceptance by town of utilities, streets, etc.
Approval of a subdivision by the planning commission and the town council shall not constitute an acceptance by the town of the roads, streets, alleys, utilities or public lands for maintenance as indicated for dedication on the plat. The dedication of any of these lands for public use of any nature within the town shall be accepted by the council only by specific action of the council. [Ord. 419 Ch. 5 § 2, 1976. 1996 Code § 7-87.]
17.05.030 Development by phases.
A developer may develop subdivisions in phases, provided the phasing sequence allows for proper extension of roads and utilities. [Ord. 441 § 11, 1977. 1996 Code § 7-88.]
17.05.040 Lot splits smaller than land use requirements.
Lot splits which create lots smaller than allowed by the residential land use district regulations may be allowed only by permit from the planning commission. [Ord. 419 Ch. 5 § 1, 1976. 1996 Code § 7-89.]
17.05.050 Preliminary plan – Required.
The subdivider shall submit a preliminary plan, and its supplemental information detailed herein, for public review and hearing by both the planning commission and council. [Ord. 419 Ch. 5 § 4, 1976. 1996 Code § 7-90.]
17.05.060 Preliminary plan – Amendment.
If the subdivider wishes to amend the preliminary plan prior to recording a final plat, re-submittal of the preliminary plan in its entirety is necessary. [Ord. 419 Ch. 5 § 4, 1976. 1996 Code § 7-91.]
17.05.070 Preliminary plan – Period of validity.
The preliminary plan shall be valid for a period of one year after council approval, unless, upon application by the subdivider, the planning commission grants an extension of time beyond such a period. If a final plat has not been approved and recorded as required by the provisions of these regulations within such 12-month period, or any extension granted thereof, the preliminary plat must be resubmitted to the planning commission and council as if such plat had never been approved. [Ord. 419 Ch. 5 § 4, 1976. 1996 Code § 7-92.]
17.05.080 Preliminary plan – Referral and review.
Within five working days of the submittal of each plan, the planning office shall distribute copies of the prints of the plan together with accompanying data to the following persons or agencies for their review and recommendations:
(a) The county park and recreation board.
(b) School district No. 1.
(c) Town clerk.
(d) Platte County soil conservation district.
(e) Town utilities department.
(f) Town building inspector.
(g) Town engineer.
(h) Mountain Bell.
(i) Kansas-Nebraska Gas Company.
(j) Any other agencies deemed necessary by the planning office, such as REA, State Highway Department, irrigation districts, etc.
Such persons or agencies may submit their comments and recommendations to the planning office at least five days prior to the hearing date. If no comments have been received by that time or made at the hearing, the plan shall be deemed approved by that agency. [Ord. 419 Ch. 5 § 4, 1976. 1996 Code § 7-93.]
17.05.090 Preliminary plan – Contents and supplemental information.
(a) The following information shall be included, as a minimum, on the preliminary plan:
(1) Scale (a scale adequate to illustrate the required information).
(2) Name of subdivision, which shall be different from that of any existing subdivision previously recorded in the county.
(3) General legal description including approximate acreage and an approximate survey tie to an accepted survey monument.
(4) Name and address of the person, firm or organization preparing the preliminary plan.
(5) Name and address of the subdivider.
(6) The names of adjacent subdivisions and property owners and the respective existing zoning.
(7) A vicinity map to locate the tract.
(8) Boundary lines of the proposed subdivision showing approximate length of lines.
(9) The location, width, and names of streets and other public ways, easements, irrigation ditches, railroad and utility rights-of-way, section lines and any municipal, county and/or district boundaries, such as sewer, water, school, fire, etc.
(10) Approximate length of street centerlines and radii of curves. Angles of street intersections will be as close to 90 degrees as possible.
(11) The approximate location of major watercourses, existing water bodies and other natural and historical features. The contour intervals within the tract of ground shall be two-foot intervals. All contours shall be extended onto adjacent properties a sufficient distance to establish proper topographical relationships.
(12) The approximate location of all existing structures that will remain on the property after the final plat is recorded.
(13) The approximate location of land intended to be conveyed or reserved for public use or reserved in deeds for the use of all property owners, or the public at large, in the proposed subdivision and the proposed methods of dedication and maintenance of such lands.
(14) The approximate widths, locations and uses of all existing or proposed easements for drainage, sewerage, public utilities, bridges and culverts, and intersections.
(15) The approximate lot layout, approximate dimensions of each lot, and approximate acreages of the lots.
(16) Notes on the plan sheet stating the disposition and maintenance responsibility of common areas and parks.
(17) If applicable, approval for the proposed subdivision from the Wheatland Irrigation District (WID) on a form adopted by the WID regarding attached irrigation rights.
(b) Supplemental information to submit with the preliminary plan will include a drainage report, prepared by a registered professional engineer licensed in the state. This report shall show flow direction and quantity based on the engineer’s preferred methodology, nonbuildable floodplain areas, and erosion preventing measures recommended to the subdivider/developer; and additional information which will help to prevent drainage and erosion problems resulting from the development. [Ord. 827, 2020; Ord. 419 Ch. 5 § 5, 1976. 1996 Code § 7-94.]
17.05.100 Final plat – Submission – Review – Approval.
Within one year of approval of the preliminary plan, the subdivider shall submit the final plat to the planning office for review and final approval by the town council. If approved, the subdivider shall cause the plat and other necessary documents to be recorded by the planning office. The final plat shall be heard by the planning commission and council.
No building shall be erected nor shall a building permit be issued within the town before the final plat thereof has been recorded by the county clerk. Any parcels of land sold to evade this section shall not be eligible for a building permit until all parts of this section have been fulfilled. [Ord. 419 Ch. 5 §§ 3, 4, 1976. 1996 Code § 7-95.]
17.05.110 Final plat – Form and content.
(a) Materials and Dimensions. The final plat shall be drawn with permanent India ink or produced by a photographic process (silver image) on a linen or polyester film-based material. The overall plat dimension shall be 30 inches in length by 21.5 inches in height including one-half-inch borders. The final plat shall be drawn to a scale that will show all the details clearly.
(b) Information Required. The information required on the final plat shall include the following:
(1) The title or name of the subdivision on all sheets of the final plat.
(2) A statement, executed by the owners of all legal and equitable interests in the property being subdivided, which shall contain the following:
a. The names of the persons or entities executing the plat.
b. A description of the property being subdivided; if such description contains references to recorded documents, such information shall be properly indicated on the graphic portion of the plat.
c. A formal and complete statement of the title or name of the plat.
d. A dedication and acceptance statement regarding all public rights-of-way or land to be dedicated for public use.
e. The proper signatures of the subscribing persons and entities affirming the execution of the plat; in the event of execution by a corporation, the corporate seal must be affixed to the plat. All signatures shall be made with permanent India ink.
(3) Proper statutory acknowledgment by the owners of legal or beneficial interests of their approval of the plat and the dedication of streets and other public areas.
(4) Date of preparation, north point, written scale and graphic scale.
(5) A vicinity map to locate the subdivision.
(6) The location of land intended to be conveyed or reserved for public use or reserved in the deeds for the use of all property owners in the proposed subdivision.
Public tracts shall be dedicated by a statement on the plat; responsibility of maintenance of all other tracts shall be noted.
(7) All monuments shall be placed and set in accordance with the requirements of state statutes.
Monuments found and new monuments set shall be differentiated and described (material, markings, etc.).
The subdivision shall be tied by angles and distances to the nearest accepted monuments, which shall be accurately described on the final plat in accordance with the requirements of state statutes.
(8) A statement by the land surveyor explaining how bearings were determined must be included, in order to help tie future adjacent subdivisions together. The point of beginning must be called out on the description.
(9) Certification by a registered land surveyor or professional engineer of the state, to the effect that the layout represents a survey made by him and that all dimensional and other details are correct.
(10) Certificates for execution by each of the following or their duly appointed representatives, in the following order.
a. Town engineer.
b. Planning director.
c. Chairman of the planning commission.
d. Mayor.
e. County clerk or recorder.
(c) Layout.
(1) The exact layout must be neatly drawn to scale, and shall include the boundary lines with accurate distance and either bearings or internal angles, and the exact location and width of all existing or recorded streets adjacent to the boundary of the tract. Minimum relative error of closure is one in 5,000.
(2) The central angles, radii and arc lengths of all curves or portions thereof, lengths of tangents, location of points of curvature and intersections shall be shown.
(3) Easements shall be designated on the plat as to use and size. They shall be represented by fine dashed lines or indicated by appropriate statements.
(4) All lines of lots, blocks and other parcels of land shall have accurate dimensions in feet and hundredths with bearings or angles to street and alley lines. Lots must close to one in 5,000 and must be surveyable by the information given on the final plat alone. Areas of all lots shall be shown.
(5) All lots and/or blocks in the subdivision shall be numbered consecutively throughout the tract with no omissions or duplications.
(6) The plat shall show the right-of-way lines, widths, locations and names of all existing and proposed streets or roads within the proposed subdivision. The centerline data or right-of-way data of all curbs shall be on the plat.
(d) Supplemental Information. Supplemental information to be submitted with the final plat shall include the following:
(1) Closure sheets (DMD or equivalent).
(2) A title insurance commitment or policy issued by a title insurance company or an attorney’s opinion of title, certified to a date not more than 30 days prior to the submittal of the final plat to the planning office, showing the name of the owners of the land and all other persons who have an interest in, or an encumbrance on, the property described on the final plat. Upon request of the planning commission, the subdivider shall cause to be joined on such filing plat those parties necessary to give encumbered fee simple title to all public rights-of-way contained therein. As the alternative, such other parties may subordinate their interest to the dedication of public rights-of-way contained therein by a notarized ratification statement.
(3) Where school or park land is dedicated, a partial release of interest shall be required of any and all lienholders, to accompany deeds to the school districts or the town in order that unencumbered title is transferred to such jurisdictions.
(4) Plans and profiles shall be submitted which consist of centerline and flow line (gutter flow line) profiles of existing surface together with the proposed flow line grade of both sides of the street and a typical cross-section.
(5) If applicable, water and sewer pipe profiles (top and bottom) shall be included in the road plans and profiles, with manholes, cleanouts, hydrants, etc.
(6) If any structures (bridges, culverts, channelization, etc.) are required within the area to be platted, construction plans shall be submitted.
(7) Itemization of public improvements and collateral agreement once itemization is approved shall be submitted. (See “improvement standards,” “improvement guarantees,” WMC 17.05.140.)
(8) If the proposed subdivision is within the boundaries of the Wheatland Irrigation District (WID) and the subdivider is not detaching the WID water rights, the plat must show the following:
a. Location of all irrigation rights;
b. How the irrigation is delivered from the source to the proposed subdivision (means of conveyance);
c. How much of each irrigation right is to remain appurtenant to each subdivision lot. [Ord. 827, 2020; Ord. 419 Ch. 5 § 5, 1976. 1996 Code § 7-96.]
17.05.120 Vacation plats – Required – Petitions in lieu of plats.
A vacation plat shall be submitted to vacate any tract of land legally established by a plat recorded in the county clerk’s office. To vacate any tracts, lots, streets or easements originally created by resolution or by means other than platting, the owners may vacate the same by submitting a vacation petition to the council by a formal resolution. When a vacation plat is not required, the review process for the petition shall be the same as identified in this section for vacation plats. [Ord. 419 Ch. 5 § 4, 1976. 1996 Code § 7-97.]
17.05.130 Vacation plats – Form and content.
(a) Materials, Dimensions, Etc. The vacation plat shall be drawn with permanent India ink or produced by a photographic process (silver image) on a linen or polyester film base material.
The overall plat dimension shall be 30 inches by 21.5 inches including a one-half-inch border. A vacation and re-plat may be submitted as one petition and may be drawn onto one plat if convenient. The lots, blocks, rights-of-way or easements to be vacated shall be titled “TO BE VACATED,” and the new description shall be titled “AS REPLATTED.” All requirements of a re-plat and of a vacation shall be fulfilled.
(b) Information Required, Scale, Etc. The following information is required on vacation plat:
(1) The vacation plat shall be drawn to scale that will show all details clearly.
(2) The name of the vacation plat must begin with the following words: “A Vacation Plat of” or “A Vacation and Re-plat of.”
(3) Statement, executed by the owners of all legal and equitable interests in the property being subdivided, which shall contain the following:
a. Names of persons or entities executing the plat.
b. Description of the property being vacated; if such description contains references to recorded documents and/or instruments, such information shall be properly indicated on the graphic portion of the plat.
c. A formal and complete statement of the title or name of the vacation plat.
d. Proper signatures of the subscribing persons and entities affirming the execution of the vacation plat. In the event of execution by a corporation, the corporate seal shall be affixed to the plat.
(4) Proper statutory acknowledgment by the owner or owners of legal or beneficial interests or their approval of the plat.
(5) Date of preparation, north point, and written and graphic scales.
(6) A vicinity map to locate the vacation plat.
(7) Certification by a registered land surveyor of the state to the effect that the plat to be vacated is a recorded plat.
(8) Certificate for execution of each of the following or their duly appointed representatives:
a. Town engineer.
b. Planning director.
c. Chairman of the planning commission.
d. Mayor.
e. County clerk and recorder.
The signatures for the above mentioned statements and acknowledgments will be made with permanent India ink.
(c) Layout. The exact layout shall include:
(1) Boundary lines. Pertinent boundary information with accurate distances and either bearing or internal angles.
(2) Easements. If easements are not to be vacated, a note so stating shall be on the plat.
(3) Lots, blocks and identification system. All lines of lots, blocks, identification systems and other parcels of land as recorded.
(4) Streets. The plat shall show any right-of-way lines and names of streets adjacent to the property being vacated.
(d) Supplemental Information. Supplemental information to be submitted with a vacation plat shall include proof that all people with encumbrances on or interests in the land have signed the vacation plat. [Ord. 419 Ch. 5 § 5, 1976. 1996 Code § 7-98.]
17.05.140 Improvement guarantees.
The subdivider shall submit an estimate of guarantee funds with the final plat if any public improvements are necessary. This form is available at the planning office. An administrative cost of 10 percent of estimated costs shall be added to the letter of credit to cover inspection, mileage, contingencies, administration and unknown costs.
If the estimate of guarantee funds has been checked and approved by the town engineer, the subdivider shall submit in favor of the town a corporate completion bond, an irrevocable letter of credit, a cashier’s check, establish an escrow account, or provide other collateral acceptable to the council to secure to the town the actual construction of the improvements within a period of 18 months after the recording of the final plat. This must be submitted in order to have the approved final plat recorded. If the collateral has not been submitted within six months of the approval of the plat, a revised cost estimate must be submitted for approval in order to adjust to price and materials changes.
Recall of funds, if necessary, will be at the discretion of the council and by written request. Recalled funds may be credited to a special account and an accurate accounting of the costs incurred in the completion of defaulted work will be maintained.
As an alternate to the preceding method of handling defaulted work, the town engineer may elect to make contractual agreements wherein defaulted work will be completed under his supervision by contracts, with payment to the contractor direct from guarantee funds by order. Administrative expenses in the amount of 10 percent of contract amounts will be paid to the town upon order. Any residue of guarantee funds will be returned to the proper source.
Performance guarantees may be extended beyond the 18-month period with the following conditions:
(a) That the request for extension is made by the grantor at least 30 days prior to the terminating date of the active guarantee;
(b) That a schedule of completion be approved by the town engineer (priority for construction of arterial streets shall be a policy in evaluating a satisfactory schedule); and
(c) That the request be approved by the council.
Upon satisfactory completion of a phase of work or a portion thereof, the subdivider may make a request in writing for a partial release of funds. Amounts, so released, will be calculated on the same basis as used in the original estimate of funds. A retainer of not less than 10 percent will be deducted therefrom in accordance with the conditions as set forth in the following:
Upon the completion of all improvements to the satisfaction of the town engineer (as determined by final inspection) a release of all funds except those required to cover the inspection cost of the town engineer (maximum = 10 percent of guarantee funds) may be made on the recommendation of the town engineer and at the direction of the council.
Upon release of guarantee funds, the town will become responsible for maintenance responsibility of the public improvements. [Ord. 419 Ch. 5 § 6, 1976. 1996 Code § 7-99.]
17.05.150 Abbreviated method of platting land within part of an approved and platted subdivision.
The governing body for the town of Wheatland may, but is not required to, accept any previously approved documentation regarding lot size, utilities, etc., under the subdivision regulations and approve an application for a replat, if, at the minimum, the following are met:
(a) The tract of land or parcel of land is not being divided into more than three parcels, and each parcel has at least minimum dimensions and area, less any easements, as required by the applicable zoning regulations for the town of Wheatland.
(b) The tract of land or parcel of land lies within and is a part of an existing subdivision which has been approved by the governing body of the town of Wheatland.
(c) The owner/developer of the parcel of land takes all necessary steps to grant unto the appropriate entity any and all easements necessary for the following:
(1) All utility service, including but not limited to water, telephone, electric and cable television.
(2) Every parcel has frontage (minimum of 35 feet) on a dedicated public street.
(3) All necessary fire protection facilities.
(d) The owner/developer of the parcel of land shall pay all costs in advance for the required utility extensions and fire protection facilities. It is understood that the initial costs paid in advance will be estimates, however the owner/developer will be required to pay any amounts which are above the estimated costs, and will receive a refund if the costs are less than those estimated.
(e) The owner/developer of the parcel of land shall prepare application for the exemption setting forth all of the above facts and provide to the governing body a detailed plat of said property. The application and plat will be distributed to the town staff, including but not limited to the building inspector, fire chief, police chief, town planner, town engineers, and town attorney for their review and comments, at least three weeks prior to the council meeting when the application is to be considered.
(f) The owner/developer of the parcel of land will be required to meet all other zoning and building requirements within the town of Wheatland.
(g) Property owners of record within 140 feet, excluding streets, from the parcel(s) in question shall be sent a copy of the application, by certified mail at the expense of the applicant, at least 10 days prior to the council meeting when the application will be considered. [Ord. 827, 2020; Ord. 670 § 1, 1998.]