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)
