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CODE AND ORDINANCES

City of

WAYNE, NEBRASKA

 

Chapter 74  SUBDIVISIONS* (return to index)

__________

*Cross references:  Any ordinance dedicating or accepting any subdivision plat saved from repeal, § 1-10(11); Buildings and Building Regulations, ch. 18; Environment, ch. 34; Streets, Sidewalks and Other Public Places, ch. 70; Utilities, ch. 82; Vegetation, ch. 86; Zoning, ch. 90.

State law references: Authority to regulate the subdivision of land, R.R.S. 1943, § 19-916.

__________

 

Article I.  In General

Sec. 74-1.  Title.

Sec. 74-2.  Jurisdiction.

Sec. 74-3.  Purposes and objectives.

Sec. 74-4.  Amendments.

Sec. 74-5.  Administration and enforcement.

Sec. 74-6.  Definitions.

Secs. 74-7--74-40.  Reserved.

Article II.  Application of Regulations

Sec. 74-41.  Generally.

Sec. 74-42.  Applicability.

Sec. 74-43.  Provisions declared to be minimum requirements.

Sec. 74-44.  Saving provision.

Secs. 74-45--74-100.  Reserved.

Article III.  Plat Review and Submittal Requirements

Sec. 74-101.  Subdivision, when required.

Sec. 74-102.  Administrative subdivisions.

Sec. 74-103.  Preliminary plat procedures.

Sec. 74-104.  Final plat submission requirements.

Sec. 74-105.  Vacation of plats.

Secs. 74-106--74-140.  Reserved.

Article IV.  Subdivision Design Standards

Sec. 74-141.  General requirements.

Sec. 74-142.  Streets.

Sec. 74-143.  Blocks.

Sec. 74-144.  Lots.

Sec. 74-145.  Flood hazards.

Sec. 74-146.  Easements.

Sec. 74-147.  Community assets.

Sec. 74-148.  Conformance with other regulations.

Secs. 74-149--74-180.  Reserved.

Article V.  Required Subdivision Improvements

Sec. 74-181.  General requirements.

Sec. 74-182.  Monuments, markers and pins.

Sec. 74-183.  Streets.

Sec. 74-184.  Sidewalks.

Sec. 74-185.  Driveways.

Sec. 74-186.  Street and walkway lighting.

Sec. 74-187.  Street trees.

Sec. 74-188.  Utility and drainage facilities.

Sec. 74-189.  Improvement costs.

Sec. 74-190.  Subdivision improvement guarantees.

Sec. 74-191.  Operation and maintenance.

Secs. 74-192--74-220.  Reserved.

Article VI.  Variances

Sec. 74-221.  Granting of variances; hardship.

Sec. 74-222.  Granting of variances; conditions.

Sec. 74-223.  Recording of plat.

Sec. 74-224.  Planned unit/cluster developments.

Secs. 74-225--74-260.  Reserved.

Article VII.  Subdivision Annexation

Sec. 74-261.  Subdivision annexation.

Secs. 74-262--74-290.  Reserved.

Article VIII.  Dedication of Land for Park, Recreational Facilities or Open Spaces

Sec. 74-291.  Dedication.

Sec. 74-292.  Application.

Sec. 74-293.  Fees.

Sec. 74-294.  Procedures.

Sec. 74-295.  Use of proceeds.

Sec. 74-296.  Park fee; exceptions.

Sec. 74-297.  Conveyances prior to August 28, 1979; exempt from subdivision requirements.

ARTICLE I.  IN GENERAL (return to ch. 74)

Sec. 74-1.  Title. (return to ch. 74)

This chapter may be known and may be cited and referred to as the "Subdivision Regulation Ordinance of the City of Wayne, Nebraska," to the same effect as if the full title were stated.

(Ord. No. 93-12, § 101, 9-28-1993)

Sec. 74-2.  Jurisdiction. (return to ch. 74)

The provisions of this chapter shall apply within the area of planning jurisdiction as defined on the official zoning map of the city, as it may be amended by subsequent annexation.

(Ord. No. 93-12, § 102, 9-28-1993)

Sec. 74-3.  Purposes and objectives. (return to ch. 74)

This chapter is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, this chapter is adopted in order to ensure that new development resulting in land subdivision in the city shall conform to minimum development practices and standards. Further, it is intended that such land subdivision shall result in properly coordinated design and construction of lots, blocks, streets, utilities, public facilities and other community assets.

(Ord. No. 93-12, § 103, 9-28-1993)

Sec. 74-4.  Amendments. (return to ch. 74)

Any provision of this chapter may be amended, supplemented, changed, modified or repealed by the council according to law; however, such amendments, supplements, changes, modifications or repealed provisions shall not become effective until after the study, written report and recommendation by the planning commission to the council.

(Ord. No. 93-12, art. 9, 9-28-1993)

Sec. 74-5.  Administration and enforcement. (return to ch. 74)

(a)            Violation; penalties.

(1) Any engineer, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this section.

(2) Any person who fails to comply with the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor. Each day a violation exists or continues shall constitute a separate offense.

(3) Nothing contained in this section shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(b)            Generally. The following apply towards administration of this chapter:

(1) It shall be the duty of the zoning administrator to enforce this chapter and to bring to the attention of the planning commission and the council any violation or lack of compliance with this chapter.

(2) No owner, or agent of an owner, of any parcel of land located in a proposed subdivision shall transfer or sell any parcel before a plat of such subdivision has been approved by the planning commission and the council in accordance with the provisions of this chapter, and filed for record with the county register of deeds.

(3) The subdivision, including resubdivision, of any lot or any parcel by the use of metes and bounds description for the purpose of sale, transfer or lease which would evade this chapter shall not be permitted. All such subdivisions shall be subject to all the requirements contained in this chapter.

(4) No building permit shall be issued for the construction of any building or structure located on a lot or parcel subdivided, sold, transferred or leased in violation of the provisions of this chapter.

(Ord. No. 93-12, art. 12, 9-28-1993)

Cross references:  Administration, ch. 2.

Sec. 74-6.  Definitions. (return to ch. 74)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ADT means average daily traffic in a 24-hour period.

Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.

Block means a parcel of land entirely surrounded by public highways, streets, railroads or unplatted land.

Bond means any form of security, including a cash deposit, security bond, collateral, property, or instrument of credit in an amount and form satisfactory to the council which meets the intent of such security required by this chapter.

Building line means a line parallel or nearly parallel, to either the street line or the lot line not abutting the street and at a specified distance from the street or lot line which marks the minimum distance from either line a building may be erected. In the case of a cul-de-sac, the building line shall be measured around the curvature of the street line to the foundation wall.

City engineer means the engineer retained by the council for the recommendation, advice and implementation of engineering work as requested by the city.

Common open space means that undivided land in a subdivision which may be jointly owned by all property owners of the subdivision, for the enjoyment and benefit of the owners and occupants of the individual building sites of the development.

Community wastewater system means any system, whether publicly or privately owned, serving two or more lots, for the collection and treatment of wastewater or industrial wastes of a liquid nature, including various devices for the treatment of such wastewater or industrial wastes.

Community water system means any system, including various devices to collect, treat, store and distribute the water, whether publicly or privately owned, serving two or more lots, supplying an adequate amount of potable water to the occupant of the lot.

Comprehensive plan means a general plan for the improvement and development of the city as adopted by the city planning commission.

Corner lot means the same as "Lot, corner."

Covenant means a written agreement or promise between two or more parties for the performance of some action specifying such items as types of construction, land use, setbacks, design standards, etc.

Cul-de-sac means a street having one end open to traffic and being terminated by a vehicular turnaround.

Dedication means a grant of land by the owner to the public for public use.

Density means the number of dwelling units or lots per gross acres of land area computed by dividing the gross acreage of the subdivision into the total number of dwelling units or lots.

Developer means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land under this chapter for himself or for another.

Development means the division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, landfill or land disturbance; and any use or extension of the use of land.

District means the same as "Zoning district."

Dwelling means any building or portion of a building which is designed for and used exclusively for residential purposes.

Easement means a right to use a parcel of land, granted to the general public, a utility, corporation, or person for a specific purpose.

Engineer means any person registered to practice professional engineering by the state board of registration who is designated by the city to approve portions of proposed subdivisions as specified in this chapter as requiring an engineer's approval.

Escrow means a deposit of cash with the city in lieu of an amount required and still in force on a performance bond or maintenance bond as required by this chapter.

Floodplain means those lands which are subject to a one percent or greater chance of flooding in any given year.

Floodway, commission, means a floodway whose limits have been designated and established by order of the state natural resources commission.

Floodway, selected, means a floodway within the limits of a commission floodway which is recognized by the state natural resources commission as being subjected to a high degree of flood hazard.

General obligation means a debt incurred by the city or an SID by the issuance of general obligation bonds to finance certain public capital improvements in a subdivision. These improvements are outlined in article V of this chapter.

Governing body means the body having jurisdiction in the zoning area.

Improvement means street grading, street surfacing and paving, curbs and gutters, streetlights, street signs, sidewalks, crosswalks, water mains and water lines, fire hydrants, sanitary sewers, storm drainage facilities, culverts, manholes, bridges, public utilities, or other installations as designated by the council or its specific approving authority.

Individual wastewater system means a wastewater system, other than a public or community system, which receives either human excreta or liquid waste or both from no more than one lot. Included within the scope of this definition are wastewater stabilization ponds, septic tank soil-absorption systems, chemical-type systems, and such other similar types of systems.

Individual water well system means a water system, including various devices to supply the water, other than a public or community water system, which supplies adequate potable water to no more than one lot.

Lot means a platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot, flag, means those lots landlocked from public right-of-way, except for a narrow tract of land of less width than required under assigned zoning.

Lot frontage means that portion of a lot abutting a street. For purposes of determining yard requirements of corner lots and through lots, all sides of a lot abutting a street shall be considered frontage.

Lot, interior, means a lot other than a corner lot which has frontage on one street only.

Lot line means the boundary line of a lot.

Lot minimum area means the minimum square footage of land area occupied or to be occupied by a single principal building and accessory buildings as applicable to designated zoning districts.

Lot, nonconforming, means a lot which was lawfully created under prior zoning when lesser area or dimension requirements were enforced and does not currently conform to the existing zoning district space limits.

Lot, platted, means a lot which is part of a subdivision the plat of which, or the appropriate permit for which, has been legally approved and recorded in the office of the register of deeds for the county.

Lot of record means a lot which is both part of a subdivision recorded in the office of the register of deeds for the county, and having been owned separately and individually from adjoining lots or tracts of land prior to August 8, 1979.

Lot, through, means a lot other than a corner lot fronting on more than one street.

Lot width means the width of a lot measured at the building line and at right angles to its depth.

Major street means a portion of the comprehensive plan adopted by the city, indicating the general locations and functional classifications for arterial and collector and other major streets.

Monument means an identification marker established by a land survey and set by a registered land surveyor at each section corner, angle point, block corner, street centerline, or other point.

Open space means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts and any other recreational facilities that the planning commission deems permissive. Streets, structures for habitation and the like shall not be included.

Outlot means property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision.

Parking space means an area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress.

Pedestrian way means a tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets and properties.

Planned unit development means special development of certain tracts of land, planned and designed as a unit for one or more land uses under the regulations and procedures contained in chapter 90 and as approved by the council.

Planning commission means the appointed planning body designated by the council as authorized by statute.

Plat means a map, drawing or chart on which the subdivider's plan of the subdivision is presented to the planning commission and council for approval, and which he intends in final form to record; a map which delineates the subdivision of land. A plat commonly shows lots, blocks and other information relevant to the development and improvement of the property.

Plat, final, means the final plan of the plat, subdivision or dedication prepared for filing or recording in conformance with this chapter.

Plat, preliminary, means the preliminary plan of the plat, subdivision or dedication prepared in accordance with the requirements of this chapter.

Private street means an approved privately owned open unoccupied space other than a public street or alley reserved as the principal means of vehicular access to abutting property.

Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, landscaping, parking area, lot improvement, utility line or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.

Public way means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other way in which the general public or a public entity has a right, or which are dedicated, whether improved or not.

Replat/resubdivision means a change in a map of an approved or recorded subdivision plat if such change affects any street layout, area reserved for public use, easement, or any lot line or if it affects any map or plan legally recorded prior to the adoption of this chapter or any preceding subdivision ordinance.

Right-of-way means a strip of land taken or dedicated for use as a public way.

Sanitary and improvement district means a special taxing body created by the district court for the purpose of constructing, financing and maintenance of capital improvements such as streets, sewers, sidewalks, utilities and parks in a subdivision until such time as the subdivision is annexed by the city.

Setback line means a line, as shown on a recorded plat or otherwise established by the council, beyond which no foundation of a building or structure may project.

Sewer, on-site, means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Sidewalk means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. See "Walkway."

Special assessment means a lien assessed on private property on the basis of special benefit for a portion of public capital improvements in a subdivision.

Street means a public way set aside for public travel which affords the principal means of access to abutting property. The word "street" includes the words "road," "highway," "thoroughfare," "parkway" and "avenue."

Street, arterial, means a street, freeway, expressway and arterial, as shown in the comprehensive plan.

Street, collector, means a local street that is used or intended to be used to congregate traffic from several local streets and route such traffic to a major street.

Street, dead-end, temporary, means a street with one end open to traffic and the other end terminating at the boundary line of the subdivision, but will be required to be extended at a later date to provide access to abutting land.

Street, frontage (road), means a street dedicated adjacent to and parallel to a major street with limited or controlled access and dedicated to provide frontage access to abutting properties.

Street, local, means any public street that is used or intended to be used for the principal purpose of serving as vehicular access to abutting property.

Street pavement means an impervious surface such as brick, concrete or asphaltic concrete subject to the approval of the city. The pavement width is measured from the back of the curb on one side to the back of the curb on the other side.

Street right-of-way means the area measured between property lines, dedicated to and accepted for public use and providing access to abutting properties.

Subdivider means the owners, developers or agents of persons or corporations effecting subdivision.

Subdivision means the division of land into two or more lots, sites or other division of land for the purpose, whether immediate or future, of transfer of ownership or building development; except that the division of land in which the smallest parcel created is more than ten acres and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision. Subdivision shall include the sale of any land and/or the creation of any easements or the lease of any land for new building development.

Subdivision, administrative, means any further subdivision of existing lots and blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way is involved, and such subdivision complies with existing ordinance requirements concerning minimum areas and dimensions of such lots and blocks.

Subdivision checklist means an administrative list of review statements and questions that must be completed prior to city planning commission review or council approval of preliminary or final plats.

Surveyor means any person registered to practice land surveying in the state.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Vicinity map means a drawing located on the plat which sets forth by dimensions or other means the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the city in order to better locate and orient the area in question.

Walkway means a dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.

Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; however, fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility and subject to the district regulations of any zoning regulations.

(1) Yard, front, means a yard extending across the front of a lot between side lot lines. There shall be a required front yard on each street side of a corner lot. Through lots shall require frontages on both streets.

(2) Yard, rear, means a yard extending across the rear of the lot between side lot lines.

(3) Yard, side, means a yard extending between the front yard line and rear yard line.

(4) Yard, special, means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies.

Zoning administrator means the person authorized and empowered by the council having jurisdiction to administer the requirements of this chapter.

Zoning area means the area subject to the provisions of zoning and subdivision regulations as set out on the official zoning map of the city.

Zoning district means an area delineated on a zoning map for which uniform use regulations are specified.

(Ord. No. 93-12, § 303, 9-28-1993)

Cross references:  Definitions generally, § 1-2.

State law references: "Subdivision" defined, R.R.S. 1943, § 19-921.

Secs. 74-7--74-40.  Reserved. (return to ch. 74)

ARTICLE II.  APPLICATION OF REGULATIONS (return to ch. 74)

Sec. 74-41.  Generally. (return to ch. 74)

Any plat for each subdivision or each part of a subdivision lying within the jurisdiction of this chapter shall be prepared, presented for approval and recorded as prescribed in this chapter. The regulations contained in this chapter shall apply to the subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, including the resubdivision or replatting of land or lots. Further, the regulations set forth by this chapter shall be minimum regulations which shall apply uniformly throughout the jurisdiction of this chapter except as otherwise provided in this chapter.

(Ord. No. 93-12, § 201, 9-28-1993)

Sec. 74-42.  Applicability. (return to ch. 74)

(a)        Each separate principal use building within the planning jurisdiction of the city shall be situated on a separate and single subdivided lot of record unless otherwise provided in chapter 90.

(b)        No subdivision of land shall be permitted within the city planning jurisdiction unless a plat is approved in accordance with provisions of this chapter.

(c)