City of
WAYNE,
NEBRASKA
__________
*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.
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)
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)
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)
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.
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)
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)
(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) This chapter shall
apply not only to subdivisions as set forth in this chapter but shall also
apply, insofar as payment of costs for improvement of subdivisions is
concerned, to those subdivisions or parts of subdivisions already platted and
approved, which are undeveloped, wholly or partially.
(d) This chapter shall
not apply to subdivision of burial lots in cemeteries.
(e) This chapter shall
not apply to a division of land for agricultural purposes into lots or parcels
of ten acres or more and not involving a new street.
(Ord. No. 93-12, § 202, 9-28-1993)
Sec.
74-43. Provisions declared to be
minimum requirements. (return to ch. 74)
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the promotion of
the public health, safety, morals or general welfare. Whenever the provisions
of this chapter require or impose higher standards than are required in any
other ordinance, the provisions of this chapter shall govern. Wherever the
provisions of any other ordinance require or impose higher standards than are
required by the provisions of this chapter, the provisions of such ordinance
shall govern.
(Ord. No. 93-12, § 203, 9-28-1993)
This chapter shall not be construed as abating any action now pending
under or by virtue of prior existing subdivision regulations, or as
discontinuing, abating, modifying or altering any penalty accruing or about to
accrue, or as affecting the liability of any person, or as waiving any right of
the city under any section or provision existing at the time of adoption of
this chapter, or as vacating or annulling any rights obtained by any person by
lawful action of the city, except as shall be expressly provided for in this
chapter.
(Ord. No. 93-12, § 204, 9-28-1993)
Secs. 74-45--74-100. Reserved. (return to ch. 74)
Sec.
74-101. Subdivision, when required. (return
to ch. 74)
It shall be unlawful for the owner, agent or person having control
of any land within the corporate limits of the city or within two miles of its
corporate limits to subdivide land except in accordance with R.R.S. 1943, §§
15-406 and 15-901 and the provisions of the title; provided, however, that any
subdivision of land caused by the acquisition of land by the federal
government, the state, any county, the city, or any village, incorporated or
unincorporated, within the jurisdiction of the city, shall be deemed to have
received approval as required by R.R.S. 1943, § 15-901. This proviso shall
apply to all such subdivisions occurring both before and after the effective
date of the ordinance from which this section derives.
(Ord. No. 93-12, § 401, 9-28-1993)
Sec.
74-102. Administrative subdivisions. (return
to ch. 74)
(a) Administrator.
The zoning administrator of the city is designated as the employee of the city
who is authorized to approve, on behalf of the city, 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 the existing ordinance requirements concerning minimum
areas and dimensions of such lots and blocks, if the following conditions are
met:
(1) The tract of land has not
been previously subdivided as an administrative subdivision or a lot that has
been previously split under the lot split procedures in the 1979 subdivision
regulations, Ordinance No. 947.
(2) The subdivision does not
involve the dedication of full-width streets.
(3) The subdivision involves
the replatting, consolidation or development of one or more lots into not more
than four lots.
(4) The subdivision would not
require the vacation of any occupied utility easements.
(5) In the opinion of the
zoning administrator, the plat is not contrary to the comprehensive plan or
other plans for the area.
(b) Administrative
application for administrative subdivision approval. An application for an
administrative subdivision approval shall be submitted to the zoning
administrator. The following shall be submitted with the application:
(1) Application fee, payable
at the city clerk's office.
(2) Two reproducible mylar
copies of the plat at a scale of one inch to 100 feet.
(3) One reduced copy of the
plat which is 8 1/2 inches by 11 inches or 8 1/2 inches by 14 inches at a scale
of two inches equals 100 feet.
(4) Eight copies of the plat.
(5) Information as required
under subsection (h) of this section.
(c) Administrative
review. Upon filing, the zoning administrator shall forward the application
and supplemental information with a request for comments in seven working days
from the following:
(1) City electric department.
(2) City fire department.
(3) City police department.
(4) City street department.
(5) City water/wastewater
department.
(6) School district.
(7) County, if applicable.
(d) Administrative
action. The zoning administrator shall approve or disapprove the plat
within 15 working days of the filing date. In the event of disapproval, the
zoning administrator shall give the owner/subdivider a written statement of
reasons for the disapproval.
(e) Administrative
certificate of approval. In lieu of sections 74-103 and 74-104, plats
eligible for administrative approval shall include a certificate of approval to
be signed by the zoning administrator and attested by the city clerk. Upon
receiving administrative approval, the plat shall be filed with the register of
deeds in accordance with section 74-104.
(f) Appeal at
administrative disapproval. The owner/subdivider has the privilege of
requesting planning commission and council review and approval in accordance
with section 74-103 if the zoning administrator has disapproved the plat or has
not taken action within 15 working days of filing of the plat.
(g) Planning
commission and council review and action. If the plat does not qualify for
administrative approval or has been disapproved by the zoning administrator, an
application for subdivision shall be submitted in accordance with sections
74-103 and 74-104.
(h) Administrative
subdivision plat information. The subdivision plat shall be prepared in
accordance with the final plat standards in section 74-104.
(i) Subdivision
plat filing. The city clerk's office shall be responsible for filing the
plat in the register of deeds' office in the county.
(j) Subdivision
filing fees. The owner/subdivider shall be responsible for the payment of
all plat filing fees.
(Ord. No. 93-12, § 402, 9-28-1993)
Sec.
74-103. Preliminary plat procedures. (return
to ch. 74)
(a) Generally.
All preliminary plats shall be prepared in conformance with the provisions of
this chapter and in conformance with the city's comprehensive plan. The
subdivider shall be responsible for such conformance.
(b) Preapplication
meeting. A preapplication meeting between the applicant or his
representative, the zoning administrator and other city departments will be
required prior to the submission of an application for approval of a
preliminary plat. No application for preliminary plat will be accepted by the
zoning administrator until after the preapplication meeting. Preapplication
meetings should be scheduled through the zoning administrator. The purpose of
the preapplication meeting is to review policies, procedures and forms required
by the city and to discuss the applicant's request. The applicant shall provide
the following minimum information as part of a conceptual review sketch plan:
(1) The proposed layout of
streets, lots and utilities in relation to existing streets, utilities,
topography and other conditions; and
(2) A general location map
showing the proposed subdivision and its relationship to existing abutting subdivisions
and community facilities in the area, such as streets, alleys, schools, parks,
commercial areas and other data supplementing the subdivision plan which
outline or describe all of the proposed development as it relates to existing
conditions.
(c) Preliminary
plat application.
(1) The subdivider shall
submit a complete application at least 15 days prior to the next regular
meeting of the planning commission at which the request is to be heard.
(2) Upon submission of the
application, the zoning administrator shall check it for completeness. If
complete, the application shall be docketed for hearing at the next planning
commission meeting. If the application is incomplete, the zoning administrator
shall not docket the application for hearing and shall notify the subdivider
that the application is incomplete and specify what additional data is needed.
The zoning administrator shall notify the subdivider of any incompleteness
within five days of the date of filing of the application. And such application
shall not be docketed for such meeting but shall be docketed for the next
regular planning commission meeting.
(d) Preliminary
plat fees. A preliminary plat review fee shall accompany the application.
Such fee shall be in accordance with the schedule of fees adopted by the
council.
(e) Zoning
administrator review. The zoning administrator shall, within seven working
days from the date of application, transmit a copy of the proposed preliminary
plat to the board of education of the school district involved, the city
utility departments, the city fire department, and any other department or
agency that may be affected by the plat as the commission may have designated.
Such department or agency except the board of education shall have seven
working days to review the referred preliminary study and report back to the
zoning administrator any requirements or recommendation pertinent to approval
of the plat. The zoning administrator shall examine the preliminary plat as to
compliance with laws and ordinances of the approved master plan, other official
plans and good planning principles; analyze the recommendations submitted by
other departments and agencies; coordinate these recommendations; and submit
his recommendations to the planning commission at the next regular meeting.
(f) Planning
commission action. The planning commission shall consider all evidence
presented by the subdivider, the zoning administrator and others and shall
approve or disapprove the preliminary plat, and shall within ten days of the
meeting, transmit its recommendation along with all supporting papers to the
council. A copy of the recommendation shall be sent to the subdivider, and one
copy shall be retained in the permanent files of the planning commission.
(g) Council
action. The council shall consider and act upon the planning commission's
recommendation, and shall approve or disapprove the preliminary plat. In the
event of disapproval, the council shall notify the planning commission and
state specific reasons for disapproval, a copy of which shall be transmitted to
the subdivider. Approval by the council shall be effective for a period of 12
months, after which, if the final plat has not been submitted to the planning
commission for approval or if an extension has not been granted by the planning
commission, reapproval of the preliminary study by the planning commission and
council shall be required.
(h) Preliminary
plat information. A preliminary plat shall be based on a legal description
of the property as shown by the land records in the office of the register of
deeds. A preliminary plat shall meet the design standards set forth in this
chapter. Plats shall be at an adequate scale to clearly show all necessary
information and in no case smaller than one inch equals 100 feet. The preliminary
plat of a subdivision shall show or be accompanied by the following
information:
(1) Copies of the plat and
one reduced copy of the plat which is 8 1/2 inches by 11 inches or 8 1/2 inches
by 14 inches; scale one inch equals 200 feet.
(2) Name of subdivision,
legal description and owners of property.
(3) Name of subdivider,
engineer, landscape architect or surveyor.
(4) Scale specified and bar
scale.
(5) North point and date.
(6) Names of adjoining
property owners or subdivision.
(7) The location and dimensions
in feet and hundredths of the property lines, lot lines and building setback
line.
(8) Names and dimensions of
all existing and proposed street rights-of-way and pavement widths.
(9) The location and size of
existing and proposed utility lines, including water and sewer lines, and any
other utility installations, including underground natural gas, electrical or
telephone lines, adjacent to or within the proposed subdivision or the location
of the nearest available such utilities.
(10) Existing and proposed
topographic contours at two-foot intervals if the average slope is less than
five percent and at five-foot intervals if the average slope is five percent or
more.
(11) The location of existing
trees with trunks 12 inches in diameter or greater, measured two feet above the
ground. Clumps of trees may be identified as a group of trees without precisely
locating each tree.
(12) A clear indication of
the proposed course of surface water drainage from the point where the water
enters and leaves the subdivision together with all drainage within the
subdivision outside of the proposed subdivision to the point where such water
enters a watercourse.
(13) An indication of any
area subject to flooding as determined by the FIRM flood hazard insurance maps
of the city.
(14) Location and dimensions
of any proposed sites, parks or other lands reserved or required to be reserved
for public use in accordance with the comprehensive plan and this chapter.
(15) Proposed and existing
easements, dedications and reservations of land required.
(16) A legend stating the
total acreage, the number of lots, a computation of lot density, and the total
lineal feet of streets and alleys.
(17) A map indicating plans
for the development of the entire area if the proposed plat is a portion of a
larger holding intended for subsequent development. Preliminary engineering
plans for all improvements for the entire holding shall be part of the
requirement.
(18) A vicinity map presented
on the preliminary plat showing the geographic relationship of the proposed
subdivision to the surrounding street system. Vicinity maps shall be prepared
at a scale of no smaller than one inch equals 2,000 feet.
(19) If the proposed
subdivision area will not be serviced by city utilities, a copy of Form SD
On-Site Wastewater permit application required by the Nebraska Department of
Environmental Quality (NDEQ) will need to accompany the preliminary plat
submittals.
(Ord. No. 93-12, § 403, 9-28-1993; Ord. No. 2009-6, §,
4-21-2009)
Sec.
74-104. Final plat submission
requirements. (return to ch. 74)
(a) Generally.
(1) Final plats shall be
submitted to the zoning administrator within one year of approval of the
preliminary plat unless an extension is granted by the planning commission. The
final plat shall conform to the approved preliminary plat and any conditions of
such approval and to the requirements of all applicable ordinances and the
requirements of this chapter.
(2) If desired by the
subdivider, the final plat may constitute only a portion of the area contained
in the approved preliminary plat which the subdivider proposes to record and
develop.
(3) The subdivider shall
submit a complete application at least 15 days prior to the next meeting of the
planning commission at which the request is to be heard.
(4) Upon submission of the
application, the zoning administrator shall check it for completeness. If
complete, the application shall be docketed for hearing at the next planning
commission meeting. If the application is incomplete, the zoning administrator
shall not docket the application for hearing and shall notify the subdivider
that the application is incomplete and specify what additional data is needed.
The zoning administrator shall notify the subdivider of any incompleteness
within seven working days of the date of filing of the application. If the
additional data is not provided to the zoning administrator at least 15 days
prior to the planning commission meeting, such application shall not be
docketed for such meeting but shall be docketed for the next following planning
commission meeting.
(b) Final plat
fees. A final plat review fee shall accompany the application. Such fee
shall be in accordance with the schedule of fees adopted by the council.
(c) Final plat
information. The subdivider shall prepare and submit a final plat at a
scale of not less than one inch equals 100 feet. The plat shall be prepared
under the supervision of and certified by a registered state land surveyor. The
plat, including all signatures, shall be drawn with permanent black ink on
reproducible mylar. The final plat of a subdivision shall show, or be
accompanied by the following information:
(1) Two reproducible mylar
copies of the plat.
(2) Copies of the plat and
one reduced copy of the plat which is 8 1/2 inches by 11 inches or 8 1/2 inches
by 14 inches. Scale one inch equals 200 feet.
(3) Name of the proposed
subdivision.
(4) Name of the owner of the
subdivision.
(5) Name of the land planner,
surveyor or engineer who prepared the final plat.
(6) Date, north arrow and
graphic scale.
(7) Location by specific
legal description indicating boundary lines with accurate lengths, angles and
bearings, based upon an accurate traverse. These boundary lines shall be
determined by a balanced and closed survey conducted in the field.
(8) Tract boundary lines,
rights-of-way of all streets, alleys and other rights-of-way, property lines of
all lots and other sites with dimensions given in feet and hundredths.
(9) Location, dimensions in
feet and hundredths of all easements, together with the purpose of each.
(10) Radii, central angles,
tangents, lengths of arcs, curvature angles at street intersections and a
complete street traverse of each street within and on the perimeter of the
plat.
(11) If an area is subject to
flooding, the minimum floor elevation for each lot subject to such flooding.
(12) Accurate location, size,
type and material of all monuments, an indication whether such monuments were
found or set, and the elevation of at least one such monument.
(13) All lot and block
numbers.
(14) Building setback lines.
(15) Accurate outlines of any
area to be dedicated or reserved for public use or acquisition with the
purposes indicated. Any areas to be reserved by covenant or deed restriction
for the common use by the owners in the subdivision shall also be noted.
(16) Certification and
signature by the surveyor certifying to the effect that the final plat
accurately represents a survey made by him and under his direct supervision,
that any changes from the description appearing in the last record transfer of
the land contained in the final plat are so indicated, that all monuments shown
actually exist or will be installed and their position is correctly shown, and
that all dimensional and geodetic data are correct.
(17) Certification signed and
notarized by all parties holding title or having any title interest in the land
contained in the final plat and consenting to the preparation and recording of
the plat as submitted and consenting to all dedications noted. A registered abstractor or title insurance
agent must perform the title search for any parties holding title or having any
title interest.
(18) Certification of
approval of the final plat by the planning commission.
(19) Certification of
approval of the final plat by the council.
(d) Final plat
construction plans and specifications.
(1) The subdivider shall
submit construction plans and specifications in accordance with the
requirements for all improvements and installations required by this chapter.
(2) The construction plans
and specifications shall consist of all cross sections, profiles and all other
engineering data necessary for the proper design and construction of all
improvements and installations required by this chapter, including but not
limited to the following:
a. Streets.
b. Storm sewers and other
elements of the drainage system.
c. Sanitary sewer system.
d. Water system.
e. Monuments and markers.
f. Sidewalks and pedestrian
ways.
g. Any construction elements
peculiar to the subdivision.
(e) Final plat
engineering data. The subdivision agreement shall require that all final
engineering plans and specifications for improvements be furnished by the
subdivider to the city for approval prior to contracting for construction of
any improvements.
(f) Final plat;
approval; procedure.
(1) No approved final plat
shall be released by the city clerk until a subdivision agreement shall have
been entered into between the subdivider and the city. The city attorney shall
prepare such agreement with the assistance of the city administrator and zoning
administrator.
(2) The agreement shall
provide for the needs of the subdivision, including but not limited to
pavement, water mains, sanitary sewers, storm sewers, sidewalks, grading, waste
treatment, and open space requirement. Security may be required to ensure
performance under the agreement.
(g) Final plat
application acceptance or refusal.
(1) Upon submittal of the
final plat, the zoning administrator shall review the plat to ensure all data
required has been provided. The zoning administrator shall have the right to
refuse the submittal of the plat should the required data not be shown or
presented.
(2) The zoning administrator
shall distribute one copy of the final plat along with a request for comments,
to be returned within five working days, to each of the following:
a. City utility departments.
b. City police department.
c. City fire department.
d. Any other department or
agency that may be affected by the plat.
(h) Recommendation.
The zoning administrator shall then develop a recommendation, based on the
department review meeting, and forward the recommendation and the final plat to
the planning commission for their consideration at a regular meeting.
(i) Planning
commission approval. If the planning commission approves the final plat,
the zoning administrator shall forward the planning commission's recommendation
and the final plat to the council for their consideration at a regular meeting.
(j) Council
action. The council shall consider and act upon the planning commission's
recommendations and shall approve or disapprove the final plat. In the event of
disapproval, the council shall notify the planning commission and state
specific reasons for disapproval, a copy of which shall be transmitted to the
subdivider. If approved, final plat shall be filed with the county register of
deeds' office.
(Ord. No. 93-12, § 404, 9-28-1993; Ord. No. 2008-11, §,
9-2-2008)
Plats shall be vacated according to the following:
(1) Any plat or any part of
any plat may be vacated by the owner of the property, at any time before the
sale of any lot, by a written instrument, duly executed and approved, to which
a copy of such plat shall be attached, declaring the plat to be vacated.
(2) Such written instrument
shall be approved by the planning commission in like manner as plats of
subdivisions. The council may reject any such instrument which abridges or
destroys any public rights in any of its public uses, improvements, streets or
alleys.
(3) Such written instrument
when executed, acknowledged and approved shall be recorded in like manner as
plats of subdivisions and being duly recorded shall operate to destroy the
force and effect of the recording of the plat so vacated, and to divest all
public rights in the streets, alleys, commons, public grounds laid out or
described in such plat.
(4) In cases where any lots
have been sold, the plat may be vacated by all owners of the lots in such plat
joining in the execution of the written instrument.
(Ord. No. 93-12, § 405, 9-28-1993)
Secs. 74-106--74-140. Reserved. (return to ch. 74)
(a) Land to be
subdivided shall be of such character that it can be used safely for building
purposes without danger to health or peril from fire, flood, erosion or other
menace. If, following adequate investigation, conducted by all public agencies
concerned, it is determined that land to be subdivided cannot be used without
endangering the health, safety, welfare or prosperity of the community, or
would necessitate an excessive expenditure of public financial resources for
sewage and water facilities, other public facilities and streets, the
subdivision plat shall not be approved unless the subdivider formulates
adequate methods for meeting such problems.
(b) All subdivision
design shall conform to standards of the comprehensive plan and to chapter 90.
(c) All required
improvements shall be constructed or installed to conform to the provisions of
this chapter and specifications.
(Ord. No. 93-12, § 501, 9-28-1993)
(a) Conformity
with comprehensive plan. The arrangement, character, extent, width, grade
and location of all streets shall conform to the comprehensive plan and shall
be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served by such
streets.
(b) Street
extensions. The street layout of the proposed subdivision shall provide for
the continuation or appropriate projection of streets and alleys already
existing in areas being subdivided. Where at the determination of the planning
commission it is desirable to provide street access to adjoining properties,
proposed streets shall be extended by dedication to the boundaries of such
properties. Where the planning commission deems it necessary, such dead-end
streets shall be provided with a temporary turnaround having a radius of at
least 50 feet. The street system for the proposed subdivision shall provide for
extending existing streets at the same or greater width, but in no case shall a
street extension be of less width than the minimum width required in this
chapter for a street in its category.
(c) Dedication
of right-of-way for new streets. The dedication of right-of-way for new
streets measured from lot line to lot line shall be as shown on the
comprehensive plan, or, if not shown on that plan, shall meet the right-of-way
requirements as provided in schedule A of this chapter. All streets classified
as arterial streets by the comprehensive plan shall have all points of access
approved by the planning commission.
(d) Dedication
of right-of-way for existing streets. Subdivisions platted along existing
streets shall dedicate additional right-of-way, if necessary, to meet the
minimum street width requirements set forth in this chapter. The entire minimum
right-of-way width shall be dedicated where the subdivision is on both sides of
an existing street. When the subdivision is located on only one side of an
existing street, half the required right-of-way width, measured from the
centerline of the existing roadway, shall be dedicated. Dedication of half the
right-of-way for a proposed street along the boundaries of land proposed for
subdivision shall be prohibited except where essential to the reasonable
development of the subdivision and where it is found to be practical and
reasonable to require the dedication of the other half of the right-of-way when
adjoining property is subdivided.
(e) Intersections.
Streets shall intersect as nearly as possible at an angle of 90 degrees, and no
intersection shall be at an angle of less than 60 degrees. Street curb
intersections shall be rounded by radii of at least 20 feet. When the smallest
angle of street intersection is less than 75 degrees, the council may require
curb radii of greater length. Whenever necessary to permit the construction of
a curb having a desirable radius without reducing the sidewalk at such street
corner to less than nominal width, the property line at such street corner
shall be rounded or otherwise set back sufficiently to permit such
construction. No lot or other parcel of land which abuts on and has access to
either a collector or minor street shall have a service drive, curb cut, or
other means of access to an arterial street within 75 feet of the right-of-way
of such arterial street.
(f) Curves in
streets; horizontal and vertical.
(1) A tangent at least 100
feet long shall be introduced between reversed curves on arterial and collector
streets.
(2) Where there is a
deflection angle of more than ten degrees in the horizontal alignment of a
street, a curve with a radius adequate to ensure safe sight distance shall be
made.
a. The minimum radius of
curves shall be:
TABLE INSET:
|
Street
Type
|
Minimum
Curve Radius
(feet)
|
|
Arterial
|
510
|
|
Collector
|
380
|
|
Local
|
100
|
b. Minimum sight distance on
vertical curves shall be:
TABLE INSET:
|
Street
Type
|
Minimum
Sight Distance
(feet)
|
|
Arterial
|
350
|
|
Collector
|
300
|
|
Local
|
200
|
Sight distance is measured from a driver's eyes, which are assumed
to be 4 1/2 feet above the pavement surface, to an object four inches high on
the pavement. Profiles of all streets, showing natural and finished grades,
drawn to an approved scale, may be required.
(g) Street grades
and elevations.
(1) All streets shall be
designed so as to provide for the discharge of surface water from the pavement
and from the right-of-way by grading and drainage. For adequate drainage, the
minimum street grade shall be not less than one-half of one percent. The
planning commission shall not approve streets which will be subject to
inundation or flooding.
(2) Street grades shall
conform to the minimum requirements provided in schedule A of this chapter.
(h) Marginal-access
streets.
(1) Where a subdivision
fronts on or contains an existing or proposed arterial street, the council
shall require marginal-access streets in all situations indicated below or,
reverse-frontage lots with screen planting located in the nonaccess arterial
street frontage along the rear of the lots, or such other treatment as may be
necessary for adequate protection of properties from the arterial street and to
protect and preserve the safety and traffic handling capabilities of the
arterial street.
(2) Marginal-access streets
shall be required by the council for subdivisions fronting on arterial streets
where existing development would not prohibit the extension of a
marginal-access street for at least a distance of 150 feet from either side lot
line of the lot of lots being subdivided or if the frontage of the subdivision
in question is 300 feet or more. If lots back up to the arterial street and
such lots have access other than the arterial street frontage, a
marginal-access street may not be required.
(i) Street jogs.
Street jogs with centerline offsets of less than 125 feet shall be prohibited.
(j) Culs-de-sac.
Minor terminal or dead-end streets or courts which are designed so as to have
one end permanently closed shall not be longer than 600 feet and shall be
provided at the closed end with a turnaround having a diameter at the outside
of the pavement of at least 70 feet and a diameter at the outside of the
right-of-way of at least 100 feet. If center islands are provided in the
turnaround, the pavement width shall be at least 31 feet; and the subdivider
shall make provisions for the maintenance of the island by owners of lots
fronting on the turnaround in the deed restrictions.
(k) Rectangular
or square, cul-de-sac streets. With planning commission and council
approval, minor terminal or dead-end streets or courts which are designed so as
to have one end permanently closed shall not be longer than 600 feet and
provide the minimum unobstructed moving lane with the proper radius and
dimension and simultaneously meet the need for spillover parking.
(l) Street names.
(1) Proposed streets which
are in alignment with other already existing and named streets shall bear the
names of such existing streets. The name of a proposed street which is not in
alignment with an existing street shall not duplicate the name of any existing
street, irrespective of the use of the suffix street, avenue, boulevard, drive,
place, court, lane, road, pike, highway, parkway or similar suffix.
(2) Whenever a street
alignment changes direction more than 45 degrees without a return to the
original alignment within a distance of 500 feet, the name of the street shall
be changed at the point of curvature.
(3) Whenever a cul-de-sac
street serves not more than three lots, the name of the intersecting street
shall apply to the cul-de-sac. To avoid duplication and confusion, the proposed
names of all streets shall be approved by the city prior to such names being
assigned or used.
(m) Private streets
and reserve strips. New private streets may be created provided such
streets are specifically authorized by the planning commission and council as
an exception to the terms of this chapter. There shall be no reserve strips in
a subdivision except where their control is definitely vested in the city under
conditions of approval by the planning commission as authorized in this
chapter. New private streets and reserve strips may be created provided such
streets are specifically authorized by the commission and the council as an
exception to the terms of this chapter.
(Ord. No. 93-12, § 502, 9-28-1993)
The lengths, widths and shapes of blocks shall be determined with
due regard to the provisions of adequate access and circulation, building sites
suitable to the needs of the use contemplated, zoning requirements regarding
minimum lot sizes, widths and frontages and the limitations or opportunities
presented by the topography. Block lengths, except in unusual circumstances,
shall not exceed 1,320 feet.
(Ord. No. 93-12, § 503, 9-28-1993)
(a) Appropriateness.
The lot size, width, depth, shape and orientation shall be appropriate for the
location of the subdivision and for the type of development and use
contemplated.
(b) Lot dimensions.
Lot dimensions shall conform to the requirements of the applicable zoning
district. Residential lots not served by a public sewer may be required to be
larger to protect against health hazards of on-site sewage disposal.
(c) Corner lots.
Corner lots for residential uses shall have additional width to permit
appropriate building setback distances and orientation to both streets.
(d) Access to
lots. The subdividing of land shall provide each lot with satisfactory
access to a public street. The subdividing of land shall be such as to provide
each lot with satisfactory vehicular access by means of public street or
approved private street.
(e) Double-frontage
and reverse-frontage lots. Double-frontage and reverse-frontage lots shall
be avoided except where essential to provide separation of residential
development from traffic arteries or to overcome specific disadvantages of
topography and orientation. A planting screen easement of at least ten feet,
and across which there shall be no right of access, shall be provided along the
line of lots abutting such a traffic artery or other disadvantageous use.
(f) Depth and
width of lots. Depth and width of properties reserved or laid out for
commercial or industrial purposes shall be adequate to provide for off-street
service and parking facilities required by the type of use and development
contemplated.
(g) Angle of side
lot lines. Side lot lines shall be substantially at right angles or radial
to street lines.
(h) Setback
lines. Building setback lines on lots shall be as regulated by the yard
provisions of chapter 90. Where the subdivider desires setback distances in
excess of those minimums stipulated in chapter 90, such shall be indicated on
the final plat.
(i) Sidewalks.
(1) Sidewalks shall be
labeled upon the improvement plans and installed by the subdivider in
subdivisions, except where unusual conditions exist which eliminate the need
for sidewalks and an exception is specifically granted by the council.
(2) Sidewalks shall be
installed in all subdivisions within the boundaries of the plat according to
the following:
a. Along both sides of all
streets within the subdivision, in which case the edge of the sidewalk away
from the street shall normally be placed at a distance of eight feet behind the
curb.
b. Parallel to any streets
abutting and/or running along the outer perimeter of the subdivision.
c. All sidewalks shall extend
to the street pavement at all intersections at midblock crossings where appropriate
and shall be equipped with handicap access ramps.
d. In neighborhoods planned
as cluster developments, sidewalk locations may be adjusted to accommodate the
most efficient pedestrian circulation through and to and from the development.
e. The council may modify the
requirements of this section, but only in instances where park, railroad,
extreme topographical conditions or other unusual conditions make sidewalk
installation nonessential or unnecessary on both sides of the street.
(j) Minimum
sidewalk width. The minimum sidewalk width shall be four feet; however, in
multiple-family residential developments and nonresidential developments,
sidewalks shall be of a width suitable for the anticipated traffic but not less
than four feet, as determined by the council.
(Ord. No. 93-12, § 504, 9-28-1993)
Land subject to flooding and land deemed to be topographically
unsuitable for residential or other development shall not be platted for such
purposes. Such land may be set aside on the plat for such uses as will be
compatible with the hazards associated with flooding or erosion. The planning
commission shall require that any building lot be elevated above the 100-year
flood elevation or require that any development be floodproofed in accordance
with the flood hazard zoning provisions of chapter 90.
(Ord. No. 93-12, § 505, 9-28-1993)
(a) Utility
easements. Easements across lots or centered on rear or side lot lines
shall be provided for utilities where necessary and shall be at least 12 feet
in width--six feet each side of the lot line.
(b) Waterway
easements. Where a subdivision is traversed by a watercourse, there shall
be provided a stormwater easement or drainage right-of-way conforming
substantially with the lines of such watercourse, and such further width will
be adequate for the purpose of retaining the water-handling capacity of the
watercourse.
(Ord. No. 93-12, § 506, 9-28-1993)
In all subdivisions, due regard shall be shown for natural
features, such as trees, unusual rock formations, watercourses, and any sites
having historical significance, which if preserved will add attractiveness and
value to the area. The council shall have the authority to require preservation
of such natural features as it deems reasonable.
(Ord. No. 93-12, § 507, 9-28-1993)
Sec.
74-148. Conformance with other
regulations. (return to ch. 74)
No final plat of land within the area of force and effect of
existing zoning regulations will be approved unless it conforms with such
regulations. Whenever there is a variance between the minimum standards set
forth in this chapter and those contained in the building code, or other
official regulations, the highest standard shall apply.
(Ord. No. 93-12, § 508, 9-28-1993)
Secs. 74-149--74-180. Reserved. (return to ch. 74)
(a) The subdivider
shall design and construct improvements not less than the standards outlined in
this chapter. The work shall be done under city supervision and inspection and
shall be completed within the time fixed or agreed upon by the city engineer.
The minimum requirements for materials shall be in accordance with the
standards currently in effect in the city or as approved by the city engineer.
Standards applicable to health and sanitation as required by the state
department of environmental control and the state department of health shall be
the minimum standards required.
(b) Schedules of
improvements shall be prepared by the subdivider. The schedules shall contain
standards and classes of construction which are consistent within the zoning
districts as identified in chapter 90. The subdivider shall furnish copies of
pertinent schedules and certificates of compliance as required by the city
engineer.
(c) All inspection
costs and costs for required tests shall be paid by the subdivider.
(Ord. No. 93-12, § 601, 9-28-1993)
Sec.
74-182. Monuments, markers and pins. (return
to ch. 74)
Monuments in the form of iron rods or pipes not less than
five-eighths inch in diameter and extending at least 24 inches below grade
shall be placed at all block corners, angle points, points of curves in
streets, lot corners and at the intermediate points as shall be required by the
council.
(Ord. No. 93-12, § 602, 9-28-1993)
(a) Grading.
All streets and alleys within the platted area which are dedicated for public
use shall be brought to the grade approved by the council.
(b) Minimum
pavement widths. Pavement widths shall be measured between backs of curbs.
Minimum pavement or surface widths shall be provided as indicated in schedule A
of this chapter.
(c) Street
surfacing.
(1) Minimum requirements for
pavement construction shall be in accordance with this chapter or as determined
by the city engineer, planning commission and council. Higher design standards
may be required by the commission and the council to provide adequately for
unusual soil conditions or extraordinary traffic volumes or other abnormal
characteristics.
(2) Requirements for paving,
including curb and gutter, may be waived at the request of the subdivider in
the case of a subdivision wherein all of the lots in the subdivision have a
minimum frontage width of 300 feet or more, subject to the approval of the city
engineer. Streets in such subdivisions shall have a crushed rock or gravel
surface which meets the specifications of the city.
(d) Curb and
gutter.
(1) Curbs and gutters shall
be required for all streets within the boundaries of the subdivision unless
excepted by the council in accordance with the terms of this chapter.
(2) Curbs and gutters shall
be designed and constructed in accordance with standard specifications of the
city. Rolled or dish-shaped curbs shall remain an option subject to planning
commission recommendation and council approval unless deemed essential for
stormwater management.
(e) Street name
signs.
(1) At least one street sign
shall be installed at each street intersection within or on the perimeter of
the subdivision and shall be located in the northeast corner of the
intersection, whenever possible, and within the area between the street and
sidewalk at a point approximately six inches from the sidewalk or its intended
location.
(2) Street name signs of a
type in use throughout the city or approved by the council shall be erected by
the subdivider at all street intersections, in conformance with sections
18-341--18-344.
(f) Culverts.
Culverts shall be constructed and installed whenever necessary as determined by
the commission to provide adequate drainage in accordance with recommendations
of the city engineer.
(Ord. No. 93-12, § 603, 9-28-1993)
Sidewalks shall be provided in conformance with the requirements
of section 74-144 and shall be constructed of Portland cement concrete or other
acceptable material as approved by the council. Sidewalk thickness shall not be
less than four inches. The subdivider need not install such sidewalks until
building construction is completed on a lot-by-lot basis to avoid damage by
heavy equipment.
(Ord. No. 93-12, § 604, 9-28-1993)
Driveways shall have a maximum grade of 14 percent. Curb cuts for
straight curbs and the flare for rolled curbs shall be three feet wider than
the driveway pavement on each side.
(Ord. No. 93-12, § 605, 9-28-1993)
Sec.
74-186. Street and walkway lighting. (return
to ch. 74)
(a) The subdivider
shall install streetlights of a type acceptable to the city at each entrance
(street or sidewalk) into the subdivision and at each street intersection
within the subdivision and at such intermediate points so that the streetlight
spacing does not exceed 300 feet.
(b) New subdivision
lighting shall utilize underground wiring, and easements for such wiring shall be
indicated on the plat.
(Ord. No. 93-12, § 606, 9-28-1993)
Street trees shall be species which are resistant to damage and
disease and which do not cause interference with underground and overhead
utilities, street lighting, or visibility at street intersections. Existing
trees should be retained in new subdivisions wherever possible.
(Ord. No. 93-12, § 607, 9-28-1993)
Sec.
74-188. Utility and drainage
facilities. (return to ch. 74)
(a) Generally.
(1) Sanitary sewer, storm
sewer, water distribution, electrical, gas, telephone, communications cable,
and all other utility lines shall be installed in rear lot easements wherever
practical. Where it is impractical to install such utility lines in rear
easements, they shall be installed within the unpaved portions of the street
right-of-way except for sanitary and storm sewer lines, which may be installed
in the paved portion of the street right-of-way if it is impossible to install
them in the unpaved portion.
(2) When it is impossible to
install sanitary and storm sewer lines in the unpaved portion of the street
right-of-way, all such utility lines, including service connections, shall be
completely installed and inspected and approved by the city engineer following
the grading of the street and prior to the application of any pavement base.
(3) Where sanitary and storm
sewer lines are to be installed in the unpaved portion of the street
right-of-way, the installation of service connections may be delayed, provided,
that at such time as these service connections are installed, they shall be
installed without breaking or weakening the existing pavement. Where rock is
known to exist beneath the pavement area at such depth as to interfere with the
installation of service connections, the complete installation of service
connections shall be required prior to the application of any pavement base.
(b) Water supply
improvements. A water distribution system shall be designed and constructed
by the subdivider to provide adequate water service to all lots in the proposed
subdivision. The following requirements shall apply:
(1) Type of improvement.
a. Within the corporate
limits of the city, a water distribution system, including all pipes, fire
hydrants, valves and other appurtenances, shall be provided; and such
distribution system shall be connected to the public water system in accordance
with plans acceptable to the planning commission and the council.
b. Within the jurisdictional
area of the city but outside the corporate limits, if a proposed subdivision is
so located with regard to an adequate public water supply line, either existing
or proposed, within one year from the date of application for final plat approval,
that the water line is located within 500 feet of the proposed subdivision or
can be reached if the cost of connecting to the water line and installing an
adequate distribution system to all lots shown upon the plat, exclusive of
connections from individual structures, is equal to or less than 150 percent of
the cost of installing an individual water supply system for all lots, adequate
connecting lines to the public water system shall be constructed.
c. If the subdivision is not
so located relative to a public water line, individual wells may be installed.
(2) Standards.
a. When applicable,
improvement plans for a permanent water system shall be provided showing pipe
sizes, type of pipe, locations of fire hydrants and valves and, if applicable,
supply facilities, booster pumps, elevated or ground level storage tanks and
other appurtenances.
b. Design standards of the
system shall be subject to the approval of the city in accordance with the
following standards:
1. The minimum main or pipe
size shall be determined by the type of uses to be served and the provision of
adequate fire flow capacities. Generally, water lines shall be at least six
inches in diameter.
2. The maximum distance
between fire hydrants shall be determined by the city, but generally any
portion of the proposed subdivision shall be within 250 feet of a fire hydrant.
3. Gate valves on
cross-connecting water lines shall be so located that no single break in the
distribution system shall require more than 500 feet to be out of service in high-value
districts or 800 feet in other districts.
c. Valves or cross-connecting
mains shall be so located that a break in the secondary distribution system
will not necessitate shutting down major distribution lines.
d. Design standards of the
water distribution system shall be in compliance with the requirements of the
state department of health.
(c) Sanitary
sewer improvements; sanitary sewage disposal improvements. A sanitary sewer
system shall be designed and constructed by the subdivider for all lots in the
proposed subdivision. The following requirements shall apply:
(1) Type of improvements.
a. Within the corporate
limits of the city, a sanitary sewage collection system, including all pipes
and manholes, shall be provided; and such collection system shall be connected
to the public sewer system in accordance with plans acceptable to the
commission and the council.
b. Within the jurisdictional
areas of the city but outside the corporate limits, if a proposed subdivision
is so located with regard to an adequate public sewer, either existing or to be
existing within one year from the date of application for final plat approval,
that the sewer is located within 500 feet of the proposed subdivision or can be
reached if the cost of installing lateral and connecting sewers from all lots
shown upon the plat, exclusive of connections from individual structures, is
equal to or less than 150 percent of the cost of installing a private sewage
collection and disposal system for all lots, adequate lateral and connecting
sewers to the public sewer system shall be constructed.
c. If the subdivision is not
located relative to a public sewer system, a private collection and treatment
system acceptable to the council and appropriate to the state department of
health and environmental control may be used. If on-site disposal is proposed,
the subdivider shall document that acceptable percolation rates do exist on
each lot; and such lots shall be adequately sized to allow for the installation
and safe operation of such systems.
(2) Standards.
a. When applicable,
improvement plans for a permanent sewer system shall be provided, showing pipe
sizes, gradients, type of pipe, invert and finished grade elevations, location
and type of manholes, treatment facilities, if applicable, and the location,
type and size of all lift or pumping stations.
b. Design standards of the
system shall be subject to the approval of the city in accordance with the
following standards:
1. At least eight-inch sewer
lines will be installed.
2. At least four-inch service
connections from the sewer line to the property line of each lot will be
installed, with the location marked.
3. Manholes or cleanouts will
be provided at all intercepter and lateral junctions, at the end of each line,
and at all changes in direction, grade and size.
c. Design standards of the
system shall be in general compliance with the requirements of the state
department of health.
(d) Drainage
improvements. A drainage system shall be designed and constructed by the
subdivider to provide for the proper drainage of surface water of the
subdivision and the drainage area of which it is a part. The following
requirements and improvement plans shall be provided:
(1) Drainage report. A
subdivision plat other than an administrative subdivision shall not be
considered for final approval until the subdivider shall submit a drainage
report prepared by a registered professional engineer or surveyor as to the
existing and proposed drainage conditions if required by the planning
commission and the council. The report may be included on the preliminary plat
or attached to the final plat and shall include an evaluation of the ability of
the proposed watercourses, drainage tiles, storm sewers, culverts and other
improvements pertaining to drainage or flood control within the subdivision to
handle the runoff which would be generated by the development of the land
within and above the subdivision and the impacts of such drainage on downstream
drainage systems. The report shall include:
a. Estimates of the quantity
of stormwater entering the subdivision naturally and estimates of such
stormwater when the upper watershed shall be developed in a manner in which it
is zoned.
b. Existing conditions of the
watershed that may affect the proposed subdivision, such as soil type, drainage
channels, obstructions and the like.
c. Quantities of flow at each
pickup point.
d. Estimates of temporary
erosion control measures necessary to control erosion during construction.
e. A description of an
adequate drainage system within the subdivision and its design capacities based
on a ten-year storm.
f. A description of the
impacts that the proposed drainage system will have on property downstream
until such water drains into a recognized watercourse.
(2) Drainage requirements.
The subdivider shall provide adequate drainage facilities within the
subdivision, including storm sewers determined to be necessary by the
commission upon recommendation of the city engineer. If storm sewers are not
necessary, all open ditches shall be graded and all pipes, culverts and/or
bridges, intersectional drains, drop inlets, bridges, headwalls, gutters and
similar or related installations necessary to provide adequate surface water
drainage shall be constructed and installed in accordance with plans approved
by the commission upon recommendation by the city engineer.
(3) Drainage system
standards.
a. All streets shall be
provided with an adequate storm drainage system, if required, of curbs, gutters
and storm sewers or side ditches and as specified in the storm water management
plan prepared by The Schemmer Associates, Inc., and adopted by the council on
March 9, 1993.
b. Curb drainage inlets shall
be provided at appropriate intervals along streets with curbs and gutter
drainage. Where inlets connect to storm sewers, a drain inlet structure and a
protective grating shall be installed.
(e) Erosion
control. The subdivider shall be required to provide for the control of
erosion of areas of the subdivision which are disturbed by grading operations
by constructing temporary terraces on slopes, temporary silting basins, sod
swales and spillways, and whatever may be necessary to prevent erosion and
damage to adjacent properties from surface drainage as approved by the city
engineer and the planning commission.
(f) Electric,
gas, and telephone and cable TV improvements.
(1) Electric service and
telephone service shall be provided within each subdivision. Gas service may be
required where reasonably accessible. Whenever such facilities are reasonably
accessible and available, they may be required to be installed within the area
prior to the approval of the final plat. Telephone, electric and streetlighting
wires, conduits and cables shall be constructedunderground except in cases
where the city engineer determines that topographic, bedrock or underground
water conditions would result in excessive costs to the subdivider.
(2) Overhead utility lines,
where permitted, shall be located at the rear of all lots. Underground utility
lines may be permitted at side and front lot lines.
(3) Whenever a sanitary sewer
line and electric and/or telephone line are each placed underground in the same
utility easement, the following provisions shall be applicable:
a. The total easement width
shall be not less than 20 feet; and
b. The sanitary sewer line
shall be installed within three feet of one side of the easement, and the
electric and/or telephone lines shall be installed within three feet of the
opposite side of the easement.
(Ord. No. 93-12, § 608, 9-28-1993)
(a) Extension
to boundaries. The subdivider shall be required to extend the necessary
improvements to the boundaries of the proposed subdivision at his expense to
allow for service to future anticipated developments on adjoining lands, as
determined by the planning commission and the council.
(b) Off-site
extensions. If streets or utilities are not available at the boundary of
the proposed subdivision or within the distances or costs established in this
chapter and the council determines that extensions across undeveloped areas are
not warranted, the subdivider, if he wishes to proceed with the development,
shall pay the cost of such off-site improvements and provide for appropriate
off-site easements prior to the approval of the final plat. Such improvements
shall be available for connections by subdividers of adjoining lands.
(c) Oversize
and off-site improvements. The utilities, street pavement and other
improvements required for the proposed subdivision may be required to be
oversized or extended to serve nearby land or anticipated future development.
This determination shall be made by the planning commission and the council in
consultation with the utilities department and the city engineer.
(d) Cost of
oversize improvements. Minimum street pavement widths for streets shall
conform to the standards established in schedule A of this chapter. Minimum
utility sizes shall be determined by the standards of the city with regard to
providing service to the subdivision in question. Where pavement widths or
larger pipe or main sizes are deemed necessary by the planning commission and
the council, the city or the utilities department shall bear the extra cost of
providing such greater width or larger pipe or main sizes. The subdivider shall
be required to pay for that part of the construction costs for the arterial
streets, trunk sewers or water lines which are serving the proposed subdivision
as determined by the commission and the council. The city or the utilities
department shall pay the remainder of the costs.
(e) Dedication.
(1) Before final plat
approval is given, the subdivider shall dedicate to the public all streets and
alleys as may be required by the planning commission and the council. If such
streets and alleys are not to be dedicated and are to be developed as private
streets, the subdivider shall make adequate provision for an owners'
association with direct responsibility to and control by the property owners of
the subdivision to provide for the maintenance of all such private streets and
alleys and the removal of debris and snow so as to maintain adequate access at
all times for fire, police, sanitation, utility and emergency vehicles. Legal
assurances shall be provided which show that the association is
self-perpetuating and has the authority to collect assessments from owners of
property within the subdivision to accomplish these and other related purposes.
(2) Such provisions shall
also provide for agreement of the property owners that if the city is requested
or required to perform any maintenance or snow removal from such streets in
order to maintain adequate access, the owners shall pay the costs to the city
and that if not paid, the costs shall become a lien upon the properties until such
costs are paid in full.
(Ord. No. 93-12, § 609, 9-28-1993)
Sec.
74-190. Subdivision improvement
guarantees. (return to ch. 74)
(a) Completion
of improvements.
(1) Prior to final plat
approval, but after approval of all improvement plans and specifications, the
subdivider shall complete all improvements required for the subdivision. Final
plat approval shall not be given until the dedication of all appropriate
improvements and their acceptance by the council.
(2) In lieu of requiring the
completion of all improvements prior to final plat approval, the council may
enter into an agreement with the subdivider whereby the subdivider shall
guarantee to complete all improvements required by this chapter and approved by
the planning commission and the council in a manner satisfactory to the
council. To secure this agreement, the subdivider shall provide, subject to the
approval of the council, one or more of the guarantees set forth in subsection
(b), (c), (d) or (e) of this section.
(b) Surety
performance bond. The subdivider shall obtain a security bond in the amount
of 110 percent of the estimated public improvement construction costs, from a
surety bonding company authorized to do business in the state. The bond shall
be payable to the city and shall be in an amount to cover the entire cost, as
estimated by the city engineer, of installing all dedicated public
improvements. The duration of the bond shall be until such time as the
improvements are accepted by the city in accordance with subsection (h) of this
section.
(c) Escrow account.
The subdivider shall deposit cash, or other instrument readily convertible into
cash at face value, either with the city or in escrow with a bank. The use of
any instrument other than cash and, in the case of an escrow account, the bank
with which the funds are to be deposited, shall be subject to the approval of
the council. The amount of the deposit shall be in an amount equal to 110
percent of the estimated construction cost, as estimated by the city engineer,
of installing all dedicated public improvements. In the case of an escrow
account, the subdivider shall file with the council an agreement between the
financial bank and himself guaranteeing the following:
(1) That the funds of the
escrow account shall be held in trust until released by the council and may not
be used or pledged by the subdivider as security in any other matter during
that period; and
(2) That in the case of a
failure on the part of the subdivider to complete the improvements, the bank
shall immediately make the funds in the account available to the city for use
in the completion of those improvements.
(d) Sequential
approval of subdivision segments without guarantee. Where a subdivision is
to be developed in several sections, the council may, at its discretion, waive
the use of a guarantee on the initial sections, provided that such sections may
not be larger than 25 lots or 50 percent of the total number of lots in the
subdivision, whichever is less. The council shall grant final plat approval for
each succeeding section's being contingent upon completion of all contracted
improvements in each preceding section, and acceptance of those improvements in
accordance with this section. Completion of improvements in the final section of
the subdivision, which shall include at least 25 lots or 50 percent of the
total number of lots in the subdivision, whichever is less, must be guaranteed
through the use of one of the other methods detailed under this section.
(e) Special
assessment. The city may, in accordance with adopted policies and
guidelines, enter into an agreement with the subdivider to pay the cost of the
required improvements through the use of a special assessment. The city shall
make such arrangement for actual construction and interim financing as it deems
appropriate, provided that construction improvements in any section of the
subdivision shall be completed in a time period not longer than would be
allowed if another form of improvement guarantee were used.
(f) Time limits.
Prior to the granting of final plat approval, the subdivider and the council
shall agree upon a deadline for the completion of all improvements. Such
deadline shall not exceed two years from the date of final plat approval;
however, the council may extend that deadline for one additional year where the
subdivider can present substantial reason for doing so and provides any
additional performance surety made necessary due to inflation or increased cost
of completing the improvements.
(g) Installation
of improvements. Developers may select either method or combination of
methods listed below to comply with the minimum improvement requirements:
(1) They may install the
required improvements upon acceptance of plans' and specifications' being
approved by city staff, the city engineer and the council.
(2) They may submit a
petition requesting the city to construct street surfacing, sanitary sewer,
storm drainage, and water mains in the proposed subdivision by the district
method. In that event, the city will prepare plans and specification for all
such improvement districts and shall assess the cost of such improvements to
the adjacent property, as provided by law. The size of any street improvement
district, sanitary sewer district, storm drainage district, or water main
district shall be determined by the council; and the construction of any such
district shall be subject to the city's ability to finance any of the
improvements.
(h) Failure to
complete improvements. If any portion of the required improvements shall
fail to be accepted for dedication in compliance with this section within the
allocated time period, either for reason of incompletion or for reason of
substandard construction, the planning commission and the council shall take
one of the following actions:
(1) Where improvements have
been guaranteed under subsection (b) of this section, preliminary plat approval
shall be revoked.
(2) Where improvements have
been guaranteed under subsection (c) of this section, the planning commission
and the council shall declare whatever security has been pledged as a guarantee
to be forfeited. Where the planning commission is not already in possession of
the guarantee, it shall immediately take the actions necessary to obtain it.
Upon receipt of these securities, the planning commission shall use them or
receipts from their sale, if that is necessary, to finance the completion of
contracted improvements on the rebuilding of such improvements to the proper
specifications. Unused portions of these securities shall be returned to the
subdivider, bonding company or crediting institution, as is appropriate.
(i) Inspection
and certification.
(1) The city engineer, or
other knowledgeable officials as specified by the council, shall regularly
inspect for defects in the construction of required improvements. Upon
completion of these improvements, the city engineer shall file with the council
a statement either certifying that the improvements have been completed in the
specific manner or listing the defects in those improvements.
(2) Upon completion of the
improvements, the subdivider shall file with the council a statement
stipulating the following:
a. That all required
improvements are complete;
b. That these improvements
are in compliance with the minimum standards specified by the council for their
construction;
c. That the subdivider knows
of no defects from any cause in those improvements; and
d. That these improvements
are free and clear of any encumbrance or lien.
(3) If the city engineer has
certified that the contracted improvements are complete and free from defect,
then upon receipt of the other statements and agreements detailed in subsection
(i)(2) of this section, the city shall accept the dedication of those
improvements. The city may, at its discretion, accept the dedication of any
portion of the required improvements, provided that all statements and
agreements specified in subsection (i)(2) of this section have been received
for that portion of the improvements.
(j) Reduction
of guarantees. In those cases where improvement guarantees have been made
under subsection (c) of this section, the amount of the guarantee may be
reduced upon acceptance, in compliance with subsection (h) of this section of
the dedication of a portion of the required improvements.
(k) Release of
guarantee. Upon acceptance, in accordance with subsection (h) of this
section of the dedication of the final portion of improvements, the city shall
authorize the release of the remaining portion of the improvement guarantee.
(Ord. No. 93-12, § 610, 9-28-1993)
Sec.
74-191. Operation and maintenance. (return
to ch. 74)
It is the intention of the city to provide no services other than
planning and zoning administration to its area of planning and zoning
jurisdiction beyond the corporate boundaries of the city. Therefore, it will be
the obligation of the subdivider to present to the planning commission and the
council a precise approach for the provision of these services. This approach
may include the formation of districts, homeowners' organizations or other
methods to operate and provide for long term maintenance and service. This
approach shall be made binding on the subdivider in a form, agreement or
contract in a manner which is accepted by the city attorney.
(Ord. No. 93-12, § 611, 9-28-1993)
Secs. 74-192--74-220. Reserved. (return to ch. 74)
Sec.
74-221. Granting of variances;
hardship. (return to ch. 74)
Where the council, upon the recommendation of the planning
commission, finds that extraordinary non-self-inflicted hardships may result
from strict compliance with this chapter, it may vary the regulations so that
substantial justice may be done and the public interest secured, provided that
such variations will not have the effect of nullifying the intent and purpose
of the comprehensive plan or this chapter.
(Ord. No. 93-12, § 701, 9-28-1993)
Sec.
74-222. Granting of variances; conditions.
(return
to ch. 74)
The planning commission may recommend and the council may grant
variances from the provisions of this chapter after determining that:
(1) There are unique
circumstances or conditions affecting the property.
(2) The variance is necessary
for the reasonable and acceptable development of the property in question.
(3) The granting of the
variance will not be detrimental to the public welfare or injurious to adjacent
property.
(Ord. No. 93-12, § 702, 9-28-1993)
In no case shall the requirement of filing and recording a plat
for subdivision be waived.
(Ord. No. 93-12, § 703, 9-28-1993)
Sec.
74-224. Planned unit/cluster developments.
(return
to ch. 74)
The planning commission and the council may also grant reasonable
variances to this chapter if the subdivider concurrently submits an application
for and obtains approval of a planned unit development of cluster development.
The subdivider shall indicate where the plans vary from the requirements of
this chapter and shall present evidence to support such requests.
(Ord. No. 93-12, § 704, 9-28-1993)
Secs. 74-225--74-260. Reserved. (return to ch. 74)
Sec.
74-261. Subdivision annexation. (return
to ch. 74)
(a) Subdivision
annexation of adjoining or contiguous properties. All subdivisions or
additions laid out adjoining or contiguous to the corporate limits may be
included within and become a part of the city for all purposes whatsoever, upon
approval of and acceptance by resolution of the council.
(b) Subdivision
annexation; petition for annexation. Any subdivision in which there are
lands dedicated to the city or any subdivision serviced by public utilities
shall be annexed to the city. Before approval for the final plat is given, the
council shall receive a petition for annexation from the owners of the
subdivided properties.
(c) Subdivision
annexation; adoption of plan by resolution.
(1) The council, desiring to
annex land under the authority of this section, shall first adopt both a
resolution stating that the city is considering the annexation of the land and
a plan for extending city services to the land. The resolution shall state:
a. The time, date and
location of the public hearing required in subsection (c)(3) of this section;
b. A description of the
boundaries of the land proposed for annexation; and
c. That the plan of the city
for extension of city services to the land proposed for annexation is available
for inspection during regular business hours in the office of the city clerk.
(2) The plan adopted by the
council shall contain sufficient detail to provide a reasonable person with a
full and complete understanding of the intentions of the city for extending
city services to the land proposed for annexation. The plan shall:
a. State the estimated cost
impact of providing the services to such land;
b. State the method by which
the city plans to finance the extension of services to the land and how any
services already provided to the land will be maintained;
c. Include a timetable for
extending service to the land proposed for annexation; and
d. Include a map drawn to
scale clearly delineating the land proposed for annexation, the current
boundaries of the city, the proposed boundaries of the city after annexation
and the general land use pattern in the land proposed for annexation.
(3) A public hearing on the
proposed annexation shall be held within 60 days following the adoption of the
resolution to allow the council to receive testimony from interested persons.
The council may recess the hearing, for good cause, to time and date specified
at the hearing.
(4) A copy of the resolution
providing for the public hearing shall be published in the official newspaper
in the city at least once not less than ten days preceding the date of the
public hearing. A map drawn to scale delineating the land proposed for
annexation shall be published with the resolution. A copy of the resolution
providing for the public hearing shall be sent by first class mail, following
its passage, to the school board of any school district in the land proposed
for annexation.
(Ord. No. 93-12, § 801, 9-28-1993)
Secs. 74-262--74-290. Reserved. (return to ch. 74)
Every subdivider who subdivides land shall dedicate a portion of
such land, or pay a fee, as set forth in this article for the purpose of providing
a park, recreational facilities, and open spaces to serve future residents of
such subdivision.
(Code 1974, § 11-202)
Provisions of this article shall apply to all subdivisions, except
subdivisions for which the final subdivision plat has been accepted by the city
on or before January 9, 1979.
(Code 1974, § 11-203)
The amount of land dedicated by a subdivider pursuant to this
article shall be five percent of the land area comprising the total land area
in the proposed subdivision as reflected in the final subdivision plat. If a
subdivider so desires, the subdivider may elect to pay a fee in lieu of land dedication;
provided, however, the city may reject the subdivider's election and require
land dedication. Where a subdivider is required to pay a fee in lieu of land
dedication, the amount of such fee shall be based upon the fair market value of
the amount of land comprising the total land area as indicated in the final
subdivision plat. The amount of such fee shall be eight percent of the fair
market value of the total land area comprising the proposed subdivision as
indicated in the final subdivision plat. Fair market value shall be determined
as of the time of filing the final plat in accordance with the following:
(1) The fair market value as
determined by the council based upon fair market value appraisals considering
all of the uses and purposes for which it might reasonably be used; or
(2) If the subdivider objects
to the amount of valuation the subdivider may, at its expense, obtain an
appraisal of the land based on the highest and the best use of the land by a
qualified real estate appraiser approved by the city, which appraisal may be
accepted by the council if found reasonable; or
(3) The city and the
subdivider may agree as to the fair market value.
(Code 1974, § 11-204; Ord. No. 2008-22, §, 11-4-2008)
The procedure for determining whether the subdivider is to
dedicate land or pay a fee shall be as follows:
(1) At all times, the council
shall have the power to require land dedication or a fee in lieu of land
dedication, regardless of the subdivider's election to dedicate land or pay a
fee. The council shall not approve any preliminary plat or final plat which has
not complied with this article.
(2) At the time of the filing
of the preliminary subdivision plat for approval, the subdivider of the
property shall, as a part of such filing, indicate whether the subdivider
desires to dedicate land for park and recreational purposes, or whether the
subdivider desires to pay a fee in lieu thereof or provide private recreational
areas if accepted by the council. If the subdivider desires to dedicate land
for this purpose, the subdivider shall designate the area thereof on the
preliminary plat as submitted and all dedicated land shall be contiguous.
(3) At the time the
preliminary plat is submitted for approval, the council shall determine, as a
part of such approval, whether to accept a dedication of land within the
subdivision or a payment of fee in lieu thereof. The minimum size of a
dedication of land for park purposes shall be five-tenths acre.
(4) Where a dedication of
land is required, it shall be accomplished in accordance with the provisions of
the land subdivision ordinance. Further, the subdivider shall convey the
dedicated land to the city by deed, and the deed shall be delivered to the city
upon approval of the final plat. The final plat will contain all dedicated park
land and the name of the park.
(5) Where fees are required,
such fees shall be paid and deposited with the city prior to the approval of
the final plat, or in the alternative, the subdivider shall pay the fees within
12 months from the date of the approval of the final plat, provided that the
subdivider furnishes a written agreement to pay the fees and a personal note or
total amount of fees, subject to the approval of the city, to the city prior to
the approval of the final plat. The city shall not issue any building permits
for construction on more than one-third of the lots in any subdivision until
the fees are paid and shall not issue any building permits for construction on
any lots after the expiration of the 12-month period until the fees are paid.
(6) At the time the final
plat is approved, and land is dedicated, the council shall designate the time
when the development of the park and recreational facility shall be commenced.
(Code 1974, § 11-205)
Land and fees received under this article shall be used only for
the purpose of providing parks, recreational facilities and open spaces to
serve the approximate area of the subdivision for which received and location
of the land and amount of fees shall bear a reasonable relationship to the use
of the parks, recreational facilities and open spaces by the future inhabitants
of the subdivision.
(Code 1974, § 11-206)
The following subdivisions are excepted from the requirements of
this article:
(1) All lot split
subdivisions as provided in article VII, section 705, of the 1979 subdivision
regulations ordinance of the city, Ordinance No. 947.
(2) All light and heavy
industrial park subdivisions. An industrial park subdivision shall require all
the real estate within the subdivision to be zoned industrial (I-1, I-2)
pursuant to the zoning ordinances of the city.
(3) All business and
commercial districts. A business and commercial district subdivision shall
require all the real estate within the subdivision to be zoned business and
commercial (B-1, B-2, B-3) pursuant to the zoning ordinances of the city.
(Code 1974, § 11-207)
Sec.
74-297. Conveyances prior to August 28,
1979; exempt from subdivision requirements. (return to ch. 74)
All conveyances of real estate, either within the corporate limits
of the city or outside the corporate limits of the city but within the zoning
jurisdiction of the city, where such conveyances have created parcels which
have not received subdivision approval, and which conveyances have been
recorded in the office of the register of deeds of the appropriate county prior
to August 28, 1979, are exempted from subdivision approval requirements and are
validated.
(Code 1974, § 11-209)
SCHEDULE A
MINIMUM STREET STANDARDS
TABLE INSET:
|
Street
Classifications
|
Minimum
Right-of-Way
|
Pavement
Width
(feet)
|
Minimum
Number of
Traffic Lanes
|
Maximum
Grade
(percent)
|
Minimum
Centerline
Radius
(feet)
|
|
Arterial
Street
|
80'
|
36
|
2
|
7
|
700
|
|
Collector
Street
|
70'
|
32
|
2
|
7
|
300
|
|
Local
Street
|
60'
|
32
|
2
|
10
|
200
|
|
Cul-De-Sac
|
100'
diameter
|
32*
|
2
|
10
|
100
|
|
Loop
Street
|
60'
|
32
|
|
|
|
|
Marginal
Access
(Frontage Road)
(No Parking)
|
50'
|
25
|
2
|
10
|
100
|
|
Urban
Rural Access
(No Parking)
|
60'
|
25
|
2
|
10
|
200
|
1. Pavement width measured back to back of curb.
*2. Minimum right-of-way diameter for the cul-de-sac turnaround
shall be 100 feet minimum. Pavement diameter for the cul-de-sac turnaround
shall be 70 feet.
3. Developer shall not be responsible for providing
improvements wider than 32 feet at his expense.
