Subsection I - Legal Considerations

Section 220: Standards Pertaining to Ownership, Right and Easement

220.1 Intent

The intent of this standard is to ensure that when property is developed and/or land made use of (mining, irrigation, etc.) the activity has the proper legal right, in the form of ownership, lease, right, easement or other legal instrument, to carry out the plan as proposed.

220.2 Utility Ownership and Easement Rights

In any case when there is installation of water, sewer, electrical power, telephone, and/or cable television facilities and the facilities shall be owned, operated, or maintained by a public utility or any entity other than the property owner and/or developer, the property owner and/or developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

220.3 Access

Legal right of access to the property that is to be developed shall be obtained before an approval is issued for development.  Existing private roads that access multiple structures do not suffice as proof that access is permissible on other existing undeveloped lots.  Proof of access (easement) shall be shown before development occurs.

220.4 Ownership, Right or Lease

Before a piece of land and/or property may be used, legal right to commence such activity shall be established, or approval shall not be issued.  Approval by the administrators and/or permit issuance shall only occur after proof of legal ability to carry out the activity/development as proposed is provided.  On Federal property this includes a completed environmental document in compliance with the National Environmental Policy Act and/or other relevant compliance act as may be required by the agency with administrative authority.

220.5 Other Permits

When multiple agencies provide approvals of various forms (permits, etc.) the Town will grant approval only after it is clear that these other approvals have been received, or are in process, and it can be reasonably shown that these approvals will be granted.  If a plan requires multiple agency approval, the Town will only approve plans presented that are substantially the same for each agency.  If a plan is changed to meet the requirements of another agency and this results in a plan that is substantially different than one already approved by the Town, the plan shall be required to be amended to conform to the changes and receive additional approval from the Town before any work may commence.