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Subdivision Regulations 1997-2005IT° I`~'~ ~r ~~~,eQ~~s ~~~l~~~~~~~ ~~~~ LILAC®L~, NAS TABLE OF CONTENTS ARTICLE PAGE ARTICLE 1: GENERAL PROVISIONS ....................:.........................................................:.......................:. 3 SECTION 101 TITLE .........................:........:..........,................................................:............................ 3 SECTION 102 JURISDICTION ...,......: ............................................................................................... 3 SECTION 103 PURPOSES AND OBJECTIVES OF THE ORDINANCE .........................:......:....... 3 ARTICLE 2. _APPLICATION OF REGULATIONS- :........:......:.:..............,, ......:..:......... .....:... :..:...,.:..... 3 SECTION 201 GENERAL ......................................................................................:...........:....::......... 3 SECTION 202 APPLICABILI'I'Y .......................................................................:............................... 3 SECTION 203 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS ........................................................................................ 4 ARTICLE 3. CONSTRUCTION AND DEFINITIONS ................................................................................. 5 SECTION 3 01 CONSTRUCTION ..................................................................:.:.............:....:.........:.... S 301.01 TENSE ........................................................:....:...........................:................:...............5 3 01.02 NUMBER ..................................:................................................................................ .. 5 301.03 SHALL AND MAY .................................................................................................... .: 5 , 3 O l .04 GENDER ..................................................................................................................:.. .. 5 301.05 HEADINGS ............................................................................................................:... .. 5 SECTION 3 02 GENERAL TERMINOLOGY.......: .......................................................................... .. 5 SECTION 3 03 DEFINITIONS .......................................................................................................... .. 5 303.01 TEXT OF DEFINITIONS .........................................................................:................ .. 5 ARTICLE 4. PLAT REVIEW AND SUBMITTAL REQUIREMENTS .......................:..........:...... 14 SECTION 4 01 PRE-APPLICATION PROCEDURE ....................................................................... 14 401.01 FRE-APPLICATION CONFERENCE ...........................................................:.............. 14 401.02 NOTIFICATION OF REQUIREMENTS ............................:......................................... 14 401.03 WAIVER OR FEES ....................................................................................................... 14 SECTION 402 PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIIvIiNAx Y PLA T ......................................................................................................... 14 402.01 PLAT SUBMISSION REQUIREMENTS ..................................................................... 14 402.02 FEES ..... ~ ::................................:...................................................................................... 14 402.03 SCALE AND PRELIMINARY PLAT CONCERNS .................................................... 14 402.04 NOTIFICATION OF IMPROVEMENTS SCHEDULE ............................................ 16 402.05 NOTIFICATION OF THE COUNTY PLANNING COMMISSION AND COUNTY HIGHWAY SUPERINTENDENT ..............:........ 16 402.06 NOTIFICATION OF SCHOOL BOARD .........................................................:........ 16 402.065 NOTIFICATION OF WASHINGTON COUNTY SURVEYOR............16 402.07 NOTIFICATION OF FIRE. DEPARTMENT ...................................16 402.08 NOTIFICATION OF ADJACENT LAND OWNERS .......:....................................... 16 402.09 PLANNING COMMISSION APPROVAL/REJECTION ......................................... 17 402.10 RECORDING OF ACTION BY PLANNING COMMISSION ................................ 17 402.11 APPROVAL IS CONDITIONAL .........................................................................:.... 17 B1aLr Si~b~ivision_ Regulations i TABLE OF CONTENTS ARTICLE PAGE SECTION 403 PROCEDURE FOR APPROVAL OF FINAL PLAT ..............................................17 403.01 PLAT SUBMISSION REQUIREMENTS ............................................................ .... .17 403.02 FEES ...............................................................................................................:.......... .17 403.03 SCALE AND FINAL PLAT CONTENTS ..................................:........................:... .17 403.04 SUPPLEMENTARY DATA REQUIRED ...............:................................................ .19 403.05 PLANNING COMMISSION RECOMMENDATIONS ........................................... .19 403:06 NOTIFICATION OF ADJACENT LAND OWNERS .::...::.......::.....:...:.. ....:....::... .19 403.07 CITY COUNCIL REVIEW AND ACTION ...:.........:............................................... .19 SECTION 404 PROCEDURE FOR APPROVAL OF A REPEAT OF A SUBDIVISION ...................:................................................................. 19 ARTICLE 5. SUBDIVISION DESIGN STANDARDS ................................................................. . 22 SECTION: 501 GEN~EP. AL .EQU ~.El`~~ENTS ............................................................................... . G2 SECTION 502 STREETS .....................................-.............................................................................. 22 502.01 STREET EXTENSIONS ............................................................................................ 22 502.02 DEDICATION OF RIGHT-OF-WAY FOR NEW STREETS .................................. 22 502.03 DEDICATION OF RIGHT-OF-WAY FOR EXISTING STREETS ......................... 23 502.04 INTERSECTIONS ...................................................................................................... 23 502.05 HORIZONTAL AND VERTICAL STREET CURVES ............................................ 23 502.06 STREET GRADES AND ELEVATIONS ................................................................. 23 502.07 MARGINAL ACCESS STREETS ............................................................................. 24 502.08 STREET JOGS ........................................................................................................... 24 502.09 .. CUL-DE-SACS .....:....:.........................................:.....................................:................ 24 502.10 STREET NAMES ............:.................................................:........................................ 24 502.11 PRNATE STREETS AND RESERVE STRIPS ....................................................... 25 SECTION 503 ALLEYS ..........................................................................:...................................... 25 SECTION 504 BLOCKS .....:........................................................................................................... 25 504.01 BLOCK LENGTHS ......................................................................................:............. 25 504.02 BLOCK WIDTHS AND TIERS ..................................................................:.............. 25 504.03 PEDESTRIAN WAYS .................................................:............................................. 25 SECTION 505 LOTS ........................................................:............................................................... 26 505.01 LOT DIMENSIONS ................................................................................................... 26 505.02 CORNER LOTS ..:..................:.........:......................................................................... 26 505.03. ACCESS TO LOTS .............................................................................:...................... 26 505.04 DOUBLE FRONTAGE AND REVERSE FRONTAGE LOTS ...................:............ 26 505.05 ANGLE OF SIDE LOT LINES .................................................................................. 26 SECTION 506 FLOOD HAZARDS ......................................................................................:......... 26 SECTION 5 07 OFF-STREET LOADING AND PARKING FACILITIES ...........................:........ 27 SECTION 5 0~ EASEMENTS .......................................................................................:.................. 27 SECTION 5 09 COMMUNITY ASSETS .....:...................................................................:............... 27 SECTION 5 10 CONFORMANCE WITH OTHER REGULATIONS ............................................ 27 SECTION 5 11 RESERVATION AND DEDICATION OF PUBLIC LAND AND OPEN SPACE ....................................................................................................... 27 511.01 RESERVATION.......: .................................................................................:............... 27 Rla?r ~ub~iaisi~n Reguiations ii TABLE OF CONTENTS ARTICLE PAGE 511.02 DEDICATION ...................................................................................................:........28 SECTION 512 PARKLAND DEDICATION AND PAYMENTS IN LIEU OF DEDICATION ....................................................................................................... 28 SECTION 513 LARGE TRACTS OF PARCELS ......:...................:................................................ 30 ARTICLE 6 REQUIRED SUBDIVISION IMPROVEMENTS .................................................... : 32 ....SECTION 601_ GENERAL REQUIREMENTS .......... ...........................:........ .........:....::..::...: 32_ SECTION 602 MONUMENTS, MARKERS AND PINS ..........................................~..................... 32 SECTION 603 STREETS ................................................................................... 33 603.01 GRADING SPECIFICATIONS ............................................................ 33 603.02 MINIMUM PAVEMENT WIDTHS .............................................................,............ 33 ~n2 n2 VV/.VJ crru~~rr crm~nrrrrn .............................................................................................. 1.J 11WL1 UV1~1 r1V1 V ~~ .J .7 603.04 CURB AND GUTTER ..:...........................................................................................: 33 603.05 STREET NAME SIGNS ............................................................................................. 33 603.06 NO PARKING DESIGNATION ................................................................................ 34 SECTION 604 SIDEWALKS ...:......................................................:................................................. 34 SECTION 605 DRIVEWAYS ........................................................................................................... 34 SECTION 606 STREET AND WALKWAY LIGHTING ....................:........................................... 35 SECTION 607 STREET TREES ....................................................:........................:......................... 35 SECTION 60 8 UTILITY AND DRAINAGE FACILITIES ............................................................. 35 608.01 GENERAL ............:..........................:......,....................:.............................................. 35 608.02 WATER SUPPLY IMPROVEMENTS ...................................................................... 35 608.03 SANITARY SEWER IMPROVEMENTS ........................................ ..................... 36 608.04 DRAINAGE IMPROVEMENTS ............................. ...................... ............................ 37 608.05 STORM SEWERS AND STORM WATER DRAINAGE ........................................ 37 608.06 CULVERTS AND BRIDGES .................................................................................... 37 608.07 EROSION CONTROL ........................................:...................................................... 38 608.075 SETBACK REQUIREMENTS-CREEK/WATERCOURSES ..............38 608.08 FIRE PROTECTION ...................................................................... 38 608.09 ELECTRIC, GAS,' AND TELEPHONE IMPROVEMENTS .................................... 38 SECTION 60 9 SHARED IMPROVEMENT COSTS ....................................................................... 39 609.01 OVER-SIZE AND OFF-SITE IMPROVEMENTS ................................................... 39 609..02 EXTENSIONS TO BOUNDARIES ........................................................................... 39 609.03 OFF-SITE EXTENSIONS ..............................:........................................................... 39 SECTION 610 SUBDIVISION. IMPROVEMENT GUARANTEES .............................................. 39 610.01 SURETY PERFORMANCE BOND .......................................................................... 40 610.02 ESCROW ACCOUNT ....:........................................................................................... 40 L~lair ~ub~i~?sl~n TRPg„latinng lll TABLE OF CONTENTS ARTICLE PAGE 610.03 SEQUENTIAL APPROVAL OF SUBDIVISION SEGMENTS WITHOUT GUARANTEE .............................................................:.... 40 610.04 SPECIAL ASSESSMENT .......................................................................................... 41 610.05 TIME LIMITS ............................................................................................................ 41 610.06 FAILURE TO COMPLETE IMPROVEMENTS ....................................................... 41 610.07 INSPECTION AND CERTIFICATION .....................................................,.............. 41 610.08.. . REDUCTION OF GUARANTEES ........ :......:..............::..::...:............::.:............... 42 610.09 RELEASE OF GUARANTEE ...........................................~........................................ 42 SECTION 61 1 OPERATION AND MAINTENANCE .................................................................... 42 ARTICLE 7 VARIANCE .............................................................................................................................. 44 CE.(;,"TICIN 7111 rrl2 A T~TT'II~T('T (l~' TI A T2 T O,rT(` G' C ~ ~f1~:DITIOI`: S ..................................................... 44 SECTION 702 RECORDING OF PLAT .......................................................................................... 44 SECTION 703 PLAN DEVELOPMENT ....................:................................:.................................... 44 SECTION 704 WAIVER FOR SMALL SUBDIVISIONS ............................................................... 44 SECTION 705 LOT SPLIT ............................................................................................................... 45 ARTICLE 9 REPEALS ................................................................................................................................. 49 ARTICLE 10 SEVER.ABILITY ...........................................................................................................:........ 50 ARTICLE 11 EFFECTIVE DATE ..............................................................................50 131air Subdivision Regulations iv ORDINANCE NO. 1799 A ORDINANCE ESTABLISHING SUBDIVISION REGULATIONS REGULATING THE SUBDIVISION OF LAND, REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS FOR SUCH PURPOSE: ESTABLISHING MINIMUM SUBDIVISION DESIGN STANDARDS: PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOWED B4' THE BLAIR CITY COUNCIL IN APPLYING THESE RULES, REGULATIONS AND STANDARDS: AND PRESCRIBING PENALTIES FOR THE VIOLATION OF TTS PROVISIONS, AND FOR THE REPEAL OF ALL SUBDIVISION DEVELOPMENT ORDINANCES IN CONFLICT HEREWITH; FOR THE CITY OF BLAIR, NEBRASKA. WHEREAS, Section 18-1301 through 18-1307 and 19-941 through 19-914; Reissue Revised Statutes of 1943 (in itili) empowers the City to enact a subdivision ordinance and to provide for its adminisiraiion, enforcement and amendment, and WHEREAS, the City Council deems it necessary for the purpose of promoting the health, safety, morals, and the general welfare of the City to enact such an ordinance, and ' Wf IEREAS, land subdivision is the first step in the process of community expansion; and WHEREAS, once Land has been divided into streets, `blocks, lots and open spaces, a pattern has been established which usually determines how well community needs for residence, business and industry will be met, and WHEREAS, once land has been subdivided and publicly recorded, it is extremely difficult to correct defects and deficiencies in the subdivision layout and in the facilities provided, and WHEREAS; the guidance of Land development in ha,-r,-,nny with community pbjectiVec is a i,-,atte,- of serious public concern and community welfare, and WHEREAS, it is in the interest of the public, the developer, and future landowners that subdivisions be conceived, designed, and developed in accordance with sound minimum standards, and WHEREAS, the City Council of Blair has established a Planning Commission, pursuant to Section 18- 1301 through 19-307 and 19-901 through 19-914, Reissue Revised Statutes of 1943 (in full), and WHEREAS, the Planning Commission has made a preliminary report and held public hearings thereon, and submitted its fmal report to the City Council, and WHEREAS, the City Council has given due public notice of hearings relating to proposed subdivision plats, regulations and restrictions, and has held such public hearings, and WHEREAS, the City Council deem it necessary for the purpose of promoting the health, safety, morals or the general welfare of the City; of providing for the harmonious development and coordinated layout for the subdivided area; for the proper arrangements of streets; for adequate and convenient open spaces for traffic, utilities, recreation, light, air, and access of fire fighting equipment; for avoidance of population congestion through requirements for minimum lot widths and lot area; for adequate sanitary facilities; and for reducing flood damage potentials to the greatest extent possible; and WI~REAS, all requirements of Section 18-306, Reissue Revised Statutes of 1943 (in full), with regard to the preparation of the report of the Planning Commission and subsequent action of the Blair City Council have been met: NOWW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BLAIR, NEBRASKA: 2 ARTICLE 1. GENERAL PROVISIONS SECTION 101 TITLE This ordinance may be known and may be cited and referred to as "Subdivision Regulation Ordinance of the City of Blair, Nebraska" to the same effect as if the full title were started. SECTION 102 JURISDICTION The provision of this Ordinance shall apply within the area ofplanning jurisdiction as defined on the Official Zoning Map of Blair, Nebraska, as the same maybe amended by subsequent annexation. SECTION 103 PURPOSES AND OBJECTIVES OF THE ORDINANCE The Subdivision Regulation Ordinance is adapted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare, more specifically the Subdivision Regulation Ordinance is adopted in order to insure that new development resulting inland 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. ARTICLE 2. APPLICATION OF REGULATIONS SECTION 201 GENERAL Any plat, hereinafter made, for each subdivision or each part thereof lying within the jurisdiction of this Ordinance, shall be prepared, presented for approval and recorded as herein prescribed. The regulations contained herein shall-apply to the subdivision of a lot, tract or parcel of land into two (2) or more lots, tracts or other division of land for the purpose of sale or of building development, whether immediate or future, incl„ding the resubdivision or replatting of Land or lots. F~~rther, the regulations -set forth by this Ordinance shall be minimum regulations which shall apply uniformly throughout the jurisdiction of this Ordinance except as hereinafter provided. SECTION 202 APPLICABILITY 1. Each separate principal use building within the planning jurisdiction ofthe City shall be situated on a separate and single subdivided lot of record unless otherwise provided in the Zoning Regulations for Blair, Nebraska. 2. No subdivision of land shall be permitted within the City Planning Jurisdiction unless a plat is approved in accordance with provisions of these Regulations. 3 3. These Regulations shall apply not only to subdivision as herein set forth but shall also apply, insofar as payment.of costs for improvement of subdivisions is concerned, to those subdivisions, or parts thereof, already platted and approved, which are undeveloped, wholly or partially. 4. These Regulations shall not apply to subdivision of burial lots in cemeteries. 5. These Regulations shall not apply to a division of Land into lots or parcels of ten and one- hundreths (10.01) acres or more and not involving a new street. SECTION 203 PROVISIONS OF ORDINANCE DECLARED TO BE h~T1]`MUM REQUIREMENTS In their interpretation and application, the provisions of this Ordinance 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 Ordinance require or impose higher standards than are required in any otrier Ordinance, the provisions of this Ordinance shall govern. Wherever the provisions of any other Ordinance require or impose higher standards than are required by the provisions of this Ordinance the provisions of such Ordinance shall govern. 4 ARTICLE 3. CONSTRUCTION AND DEFINITIONS SECTION 301 CONSTRUCTION The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this Ordinance. 301.OlTENSE: Words used in the present tense include the future tense. 301.02NUMBER: Words use in the singular include the plural, and words used in the plural include the singular. 301.03SHALL AND MAY: The word "shall" is mandatary; the word "may" is permissive. 301.04GENDER: The masculine shall include the feminine and neuter. 301.OSHEADINGS: In the event that there is any conflict of inconsistency between the heading of an article, section or paragraph of this Ordinance and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context: SECTION 302 GENERAL TERMINOLOGY The word "city" shall mean the City of Blair, Nebraska. The word "city council" shall mean the City Council of Blair, Nebraska. The words "planning commission" shall mean the Planning Commission duly appointed by the City Council. SECTION 303 DEFINITIONS 3 03.01 TEXT OF DEFINITIONS : Words or terms not herein defined shall have their ordinary meaning in relation to the context. For the purposes of this Ordinance certain words and terms used herein are defined as follows: (1) ALLEY: See Thoroughfare (2) BLOCK: A tract or parcel or land bounded by public streets or lands, streams, railroads, unplatted lands or a combination of same. (3) BUILDING LINE: See Setback Line (4) COLLECTOR STREET: See Thoroughfare (5) COMMON OPEN SPACE: An area of land or water or combination thereofplanned for passive or active recreation, but does not include area utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the areas of recreational activities such as 5 swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space. (6) COMMON SEWER SYSTEM: A sanitary sewage system in public ownership which provides for the collection and treatment of domestic effluent in a central sewage treatment plant which meets the minimum requirements of the Nebraska Department of Environmental Quality for primary and secondary sewage treatment and which does not include individual septic tanks or portable sewage treatment facilities. (7) COMMON WATER SYSTEM: A water system which provides for the supply, storage and distribution of potable water on an uninterrupted basis and which is in public ownership. (8) COMPREHENSIVE PLAN: A comprehensive, long-range plan intended to guide the growth and development of a community or region that typically includes inventoryand analytic sections leading to recommendations for the community's future economic development, housing, recreation and open space, transportation, community facilities, and land use, all related to the community's goals and objectives for these elements. (9) CORNER LOT: See Lot, Corner. (10) COVENANT: A written promise or pledge. (11) CUL-DE-SAC: A local street of relatively short length with one open end to traffic and the other end terminating in a vehicular turn around. No cul-de-sac -shall be allowed with, a vehicular turn around of less than 50 feet in radius and any cul-de-sac shall also provide for not less than a dedicated right of way of 12.5 feet surrounding the turn around. (12) CULVERT: A transverse drain that channels under a bridge, street, or driveway. (1 ~) LlEf11l_ENII C'TI2.EET: See Thoroughfare. (14) DEDICATION: The intentional appropriation of land by the owner to some public use. (15) DEVELOPER: Any. individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself/herself or for another. (16) DISTRICT: See Zone or District. (17) DWELLING: Space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one (1) family and its household employees. 6 (18) EASEMENT: Is a grant by the property owner to the public, a corporation, or persons of the use of a tract of land for a specific purpose or purposes. (19) ENGINEER:. Any person registered to practice professional engineering by the Nebraska State Board of .Registration who is designated by the City to approve portions of proposed subdivisions as specified in these regulations as requiring ~n engineers approval. (20) FLOODWAY: A floodway whose limits have been designated and established by order of the Corp of Engineers and published by the Federal Emergency Management Agency in the form of a FIRM Flood Insurance Rate Map. (21) FRONTAGE: The length of the property abutting on one side of a street measured along the. dividing line between the property and the street. (22) GOVERNING BODY: That Body having jurisdiction in the zoning area. (23) IMPROVEMENTS: Street pavement or resurfacing, curbs, gutters,. sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites. (24) LOCATION MAP: 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 Zoning Area of the City of Blair, Nebraska, in order to better locate and orient the area in question. (25) LOOP STREET: See "Thoroughfare, Street or Road." (26) LOT: For purpose: of this Ordinance a lot is a parcel of land of at least sufficient size to meet minL~r~wm coning and subdivision req~~~rements for'ase, co .Terage, ar~d area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public. street, .and may consist of a single Iot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots ofrecord, or of portions of lots of records; a parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance. (27) LOT DEPTH: Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 7 (28) LOT FRONTAGE: The front of a lot"shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this Article., (29) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Register of Deeds, or a lot or parcel described by metes and bounds the description of which has been so recorded. (30) LOT WIDTH: Width of a lot shall be considered to-:be the distance between straight Lines. connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points where they intersect with the street line, shall not be less than eighty (80) percent of the required lot. width except in the case of lots on the~turning circle of cul-de-sacs, or on loop streets, where the eight, (80) percent requirement shall not` apply. (31) LOT, CORNER: Indicated as A in Diagram S-l, a corner lot is defined as a lot located at the intersection of two (2) or more streets. A lot abutting on. a curved ,street or streets shall be considered a corner lot if straight lines drawn from the' foremost points of the .side lot Lines the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees. ' (32) LOT, INTERIOR: Indicated as B in Diagram 5-1, an interior lot is defined as a lot~other than a corner Lot with only one frontage on a street. _. (33) LOT, TH-ROUGH: Indicated as C in Diagram S-l, a throughaot is defined as a lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets maybe referred to as a double frontage Lot. _ Diagram 5-1 .- '~ B g i L~'~~~~ B ~ A-D ;a(U~ ~ ~ ~ ~ A , B= r----- t i 8 i B tH-D -----1---- _ - ~ t _z__~--,__ _ ' A ~ c ~ B ~ B~ B~ C _~ `t+~ { ;A~1J '- t < < ' ~ ~A .z B ~. ~, `- B ~ ~ -B -~ .~ ~ - ,~~ ,.~__ ~ r B i R A 8 ,'. --__ 8 (34) LOT; REVERSED FRONTAGE: All lots with a D in Diagram S-l, a reversed frontage lot is defined as a lot in which the frontage is at right angles or approximately right angles, interior angle less than one hundred thirty-five (135) degrees, to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in Diagram S-1), an interior lot (B-D) or a through lot (C-D). (35) LOT, ZONING: A parcel of land or tract used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record or any combination thereof. (36) MAJOR THOROUGHFARE PLAN: The comprehensive plan adopted by the City Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the planning jurisdiction of the City. (37) ' MONUl'vIENTS: Permanent concrete or iron markers used to establish definitely ail lines ofthe plat of a subdivision, including all lot corners; boundary line corners, and points of change in street alignment. (3 8) OPEN SPACE: 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, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included. (39) OUT LOT: 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. (40) PARKING SPACE, OFF STREET: For the purpose of this Ordinance an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three (3) ermore a»t~~„nbiles shall haVP individual_ spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so-that any automobile may be parked and(unparked without moving another. (41) PEDESTRIAN WAYS: Is a tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adj oinuig streets or properties: (42) PLANNED DEVELOPMENT: 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 the Zoning Ordinance and as approved by the City Council. (43) PLAT: The map, drawing, or chart on which the developer's plan of subdivision is presented to the City Planning Commission and City Council for approval and, after such approval, to the Washington County Register of Deeds. 9 (44) PUBLIC WATER SUPPLY: A water system which provides for the supply, storage, and distribution of potable water which is owned and maintained by a governmental subdivision - licensed by the State Department of Health or a privately owned water system which is licensed, regulated, and monitored by the State Department of Health. (45) PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, .freeway, highway, land, parkway, right-of--way, sidewalk, street, subway, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not. (46) RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) ,such as grade separation, landscaped areas, viaducts and bridges. (47) SETBACK LINE: Aline established by the Subdivision Regulations and/or Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits. of a yard in which no building, other than accessory building, or structure may be located.above ground, except as may be provided in said codes. (See Yards.) (48) SEWERS, ON-SITE: Aseptic 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. (49) SIDEWALK OR WALKWAY: That portion of a dedicated right-of--way or easement intended for pedestrian use only. (50) SUBDIVIDER: See Developer. (51) SUBDIVISION: 1. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots any one of which is less than ten (10) acres for the purpose, whether immediate or future, of transfer of ownership; provided,, however, that the division or partition of land into parcels of more than ten (10) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or 2. The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by 10 owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (52) SUBDIVISION DESIGN CLASSIFICATIONS: Two subdivision classifications which establish minimum design criteria and required improvements for all subdivisions in the City. The classifications are defined as follows: A. CLASS I SUBDIVISION: Rural low density subdivisions which include: 1. All residential subdivisions in the following zoning districts as defined in the Zoning Ordinance for Blair, Nebraska. AGG General Agricultural District RRE Rural Residential Estates B. CLASS II SUBDIVISION: Subdivisions which include: 1. Industrial subdivisions containing four (4) or more lots or a total area exceeding ten (10) acres. 2. Commercial subdivisions containing four (4) or more lots or a total area exceeding three (3) acres. 3. All residential subdivisions in the following zoning districts as defined in the Zoning Ordinance for Blair, Nebraska. RL Residential Low Density District RM Residential High Density District RML Multi-Family Residential Low Density District I2~j~ ~~lti_Farnily R ecir~jential Tjigh T~enciiv Dictrirt (53) STREET LINE: A dividing line between a lot, tract, or parcel of land and the contiguous street. The right-of--way line of a street. (54) SURVEYOR: Any person registered to practice land surveying in the State of Nebraska. (55) THOROUGHFARE, STREET, OR:ROAD: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows: A. ALLEY: A dedicated public right-of--way, other than a street, which provides only a secondary means of access to abutting property, the right-of--way of which is 20 feet or less in width. 11 B. ARTERIAL STREET: A street which provides for through traffic movement between and around streets with direct access to abutting property, subject to necessary control of - entrances, exits, and curb use. C. COLLECTOR STREET: A street which provides for traffic movement between arterials and local streets; with direct access to abutting property. D. LOCAL STREET: A street which provides direct access to abutting land, and local traffic movement whether in business, industrial or residential land. E. CUL-DE-SAC: A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround. F. DEAD-END STREET: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future. G. LOOP STREET: A type of local street, each end of which, terminates at an intersection with the same arterial or collector street or other local street and whose principal radius points of the one hundred and eighty (i 80) degree system of turns are not more than one thousand- (1000) feet from said arterial or collector street, nor normally more than six hundred (60.0) feet from each other. H. MARGINALACCESS STREET: A Local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.) (56) VARIANCE: A relaxation ofthe terms ofthe Subdivision Ordinance where suchvariance 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 the Ordinance would result in unnecessary and und~~~ hardship. (57) YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subj ect to height limitations and requirements limiting obstruction of visibility and subj ect to the district regulations of any zoning regulations. A. YARD, FRONT: A yard extending between side lot lines across the front lot line to the front of the principal building. B. YARD, REAR: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. 12 C. YARD, SIDE: A yard extending from the principal building to the- side lot Line on both sides of the principal building between the-line establishing the front and rear yards. D. YARD, SPECIAL: A yard behind any required yard adj acent 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" no the term "rear yard" clearly applies. - (58) ZONE OR DISTRICT: A section of the Zoning Area for which uniform regulations governing the use, height, area, size and intensity of the use of buildings, land, and open spaces about buildings are established. (59) ZONING ADMINISTRATOR: The person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of ,these Subdivision Regulations. (61) ZONING AREA OR ZONING JURISDICTION: The area subj ect to the provisions of Zoning . and Subdivision regulations as set out on the Official Zoning Map ofthe City ofBlair, Nebraska. DIAGRAM S-2 LOCATION AND MEASUREMENTS OF YARDS ON LOTS ARTICLE 4. PLAT REVIEW AND SUBMITTAL REQUIREMENTS SECTION 401 PRE-APPLICATION PROCEDURE 401.01 PRE-APPLICATION CONFERENCE: Before filing a preliminary plat the subdivider shall consult with the Planning Commission and/or its staff for advice regarding general requirements affecting the proposed development. A sketch of the proposed subdivision drawn on the topographic survey map shall be submitted. The subdivider shall also submit a location map showing the relationship of the proposed subdivision to existing or platted streets and arterials and existing community facilities. 401.02 NOTIFICATION OF REQUIREMENTS: The Planning Commission and/or its staff shall - inform the subdivider of the requirements pertaining to the proposed subdivision as such requirements are established by these Regulations. 401.03 WAIVER OR FEES: The Pre-application procedure does not require formal application, fee, or filing of plat with the Planning Commission. SECTION 402 PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY' PLAT 402.01 PLAT SUBMISSION REQUIREMENTS: The subdivider shall submit to the Zoning Administrator thirty (30) copies of the preliminary plat and supplemental material specified with written application for conditional approval. The subdivider shall also submit one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches. Said complete submittal shall occur at least twenty-one (21) days prior to the regular meeting of the Planning Commission at which the request shall be heard. SECTION 402.02 FEES: A nonrefundable plat review fee shall accompany. the application for conditional approval. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council by resolution, and shall be appended to the Municipal Code as part of any appendix for permit, license, and application fees. SECTION 402.03 SCALE AND PRELIMINARY PLAT CONCERNS: Preliminary plats shall be a scale of one (1) to one hundred (100) feet or 1" = 200' if seventy-five percent (75%) of the lots are one acre or larger, and shall be prepared with the following information: (1) Name, location map, acreage, owner and designer of the subdivision. (2) Present zoning. (3) Date, north point, and graphic scale. (4) Location of property lines, roads, existing utilities with size of lines, and-other underground installations and easements. 14 (5) Names of adjoining properties or subdivsions. (6) Proposed utility system, water system, and sewer system (type, capacity and the location of major transmission lines and treatment plants) Developer must describe the type of sewer system and water system proposed. If developer proposes to use anon-central sewer waste system, then the proposed sewer system shall comply with title 124 of Chapter 4 of the Nebraska Department of Environmental Quality Rules and Regulations. (7) Names of new streets. (8) Dimensions of existing and proposed lot lines (9) Location of existing and proposed culverts, retention ponds, and other drainage provisions. That Section 606 be amended to read as .follows: The City will direct OPPD to design and install street Iiglltiilg once ail paving has beers completed on su'divisions in the City limits. Installation of street lighting in subdivisions outside City limits will be the responsibility of the subdivider if required by the Planning Commission and City Council. (10) Existing and proposed contours at intervals of two (2) feet or five (5) feet intervals at 1" = 200" Scale, as established by field topography survey analysis;' provided however, field topography survey is required only on subdivisions which include lots of less than thirty thousand square feet; provided further, that for good cause shown, the field topography survey may be waived by the Planning Commission in the preliminary plat process. (11) Proposed improvements and grading concepts. (12) Location of existing buildings. (13) Location of existing trees with trunks at least six (6) inches in diameter, measured two (2) feet above the ground Ieve1. Clumps of n~~merou~ trees relay he i~lenti_fi_eri ac a tree ~TO~~p without precisely locating each tree. Notwithstanding the above, for good cause shown, the requirement of this subsection may be waived by the Planning Commission during the preliminary plat process. (14) Proposed easements, dedications, and reservations of land required shall be provided. (15) Square footage. of each lot. (16) All front, rear and side yard setback requirements and any adjustments thereto (See Section 1110 and 1110.5 of the City of Blair Zoning Regulations). 01/2002 15 402.04NOTIFICATION OF IlVIPROVEMENTS SCHEDULE: The subdivider shall indicate by a letter when improvements as required will be provided. Any proposed restrictive covenants for the land involved shall accompany the letter. 402.OSNOTIFICATION OF THE COUNTY PLANNING COMMISSION AND COUNTY HIGHWAY SUPERINTENDENT: The City shall notify the Washington County Planning Commission and County Highway Superintendent of any proposed subdivision plat and provide the commission and superintendent with all available materials on the proposed plat, when such proposed plat lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by the City of Blair. The commission and highway superintendent shall be given Thirty (30) days to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period shall run concurrently with subdivision review activities of the City of Blair after the County Planning Commission and Highway Superintendent receives all available material for a proposed su'division plat. 402.ObNOTIFICATION OF SCHOOL BOARD: At least ten (10) days prior to the Planning Commission meeting at which the preliminary plat is to be considered for approval, the Planning Commission shall submit a copy of the proposal to the school board of each school district which the proposed development affects, and shall notify the school board of the meeting date. Copies of the plat may be submitted to any other agency which may be affected. 402.065 NOTIFICATION OF WASHINGTON COUNTY SURVEYOR: At least ten (i0) days prior to the Planning Commission meeting at which the preliminary plat is to be considered for approval, the. Planning Commission shall submit a copy of the proposal to -the Washington County Surveyor and shall notify said Surveyor of the meeting date. 402.07NOTIFICATION OF FIRE DEPARTMENT: At least. ten (10) days prior to the Planning Commission meeting at which the prelitYninary plat is to be ,rnncir~ered fir approval, the Planning Commission shall submit a copy of the proposal to the Blair Volunteer Fire Department. 402.08NOTIFICATION OF ADJACENT LAND OWNERS: All persons which are the recorded title owners of land within three hundred (3 00) feet.of any point along the perimeter of the land to be subdivided shall be notified in writing of the pending subdivision. The letter of notification shall be mailed to recipients no later than ten (10) days prior to the Planning Commission's public hearing. Adjacent land owners shall have ten days from the date of notification to notify the City Administrator of any protests which they may have concerning. the application. A "Subdivision Action Pending" sign. will be posted on the front yard of the property under consideration for subdivision at least ten (10) days prior to the public hearings of the Planning Commission and City Council. 5/1998 16 402.09PLANNING COMMISSION APPROVAL/REJECTION: After review of the preliminary plat and negotiations with. the subdivider, the Planning Commission shall reject or conditionally approve the preliminary plat within forty (40) days after the official meeting at which the plat was considered. The Planning Commission will. consider the Preliminary Plat at a public hearing, of which a ten (10) day notice will be given in a newspaper of general circulation in Blair, .Nebraska. After recommendation of Planning Commission, recommendation should be forwarded to the City Council for consideration. 402.lORECORDING OF ACTION BY PLANNING COMMISSION: The action of the Planning Commission shall be noted on three (3) copies of the Preliminary Plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy relayed to the City Council, and one copy retained by the Planning Commission. 402.11APPROVAL IS CONDITIONAL: Approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval or conditional . approval of the submitted plat as a guide for the preparation of the final plat, which will be subject to further consideration by the Planning Commission and City Council. Any conditional approval of the preliminary plat shall be effective for a period of one (1) year unless an extension is granted by the Planning Cbnunission. SECTION 403 PROCEDURE FOR APPROVAL OF FINAL PLAT 403.OlPLAT SUBIl~IISSION REQUIREMENTS: Final plats shat be submitted to the Toning Administrator within six (6) months of approval of the preliminary plat unless an extension is granted by the Planning Commission. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable Ordinances and state laws; and, if desired by the subdivider, it may constitute only that portion of the approved Preliminary Plat which he/she proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these Regulations. Submittal of any portion of the approved area shall be interpreted as sat~s~~~ng the one (1) year ciibmiccinn rerniirPment, ~ ~ > z ~-- ---- 403.02FEES: A final plat review fee shall accompany the application for final approval of the plat. The applicant shall pay and the application must be accompanied by a nonrefundable application fee. Said fee shall be set and determined from time to time as deemed necessary by the Mayor and City Council by resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license, and application fees. 403.03 SCALE AND FINAL PLAT CONTENTS: The three (3) Mylar reproducible originals, thirty (30) copies of the Final Plat, one (1) reproducible copy not more than eleven (11) inches x seventeen (17) inches and other exhibits required for approval shall be submitted. The Final- Plat shall be drawn in ink on tracing cloth, Mylar, or similar material, and shall be at a scale of one inch (1 ") to one hundred feet (100') or larger. The final plat shall show the following: 17 (1) Date, title, name, and location map of subdivision. (2) Street and street names, lots and lot numbers. (3) Graphic scale and arrow or indicator. '~ (4) Monuments or pins unless waived pursuant to Section 602. (5) Dimensions, angles, and/or bearings, and complete legal description of the property. i (6) Sufficient survey data to reproduce any line on the ground. (7) Names of adjoining properties. (8) Locations, dimensions, and purpose of any easements. (9) Purpose for which sites are dedicated ar reserved, and the transfer of ownership of the same. (10) Certification by surveyor certifying to accuracy of survey and plat. (i 1) Certification by the County Treasurer that all assessed taxes for the current year have been paid in full. (12) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation an recording - ofthe plat as submitted.. (13) Location of street trees, size, and species. (14) Certificate for approval by the Planning Commission to be signed by the Chairman. (15) Certificate for approval by the Council and signatures of the Mayor and City Clerk. (16) Square footage of each lot. (17) All adjustments .to front, rear and side yard setback requirements (See Section 1110 and 1110.5 of the City of Blair Zoning Requirements.) 01/2002 18 403.04SUPPLEMENTARYDAYA REQUIRED: The final plat shall be accomplished by: (1) A guarantee pursuant to the provisions of Section 610.01 of these regulations. (2) Protective, covenants (if any) in form for recording. (3) An operation and maintenance program pursuant to the provisions of Section 611 of these regulations. 403.OSPLANNING COMMISSION RECOMMENDATIONS: The Planning Commission shall approve or reject the final plat and prepare a recommendation to the City Council for approval or rejection. All reasons far recommending rejection shall be clearly stated. 403.06NOTIFICATION OF ADJACENT LAND OWNERS: All persons which are the recorded title owners of land within three hundred (300) feet of anypoint along the perimeter of the land to' be subdivided shall be notified in writing of the pending subdivision. The letter of notification shall be mailed to recipients no later than ten (10) days prior to the Planning Commission's Public Hearing. Adjacent land owners shall have ten days from the date of notification to notify the City Administrator of any protests which they may have concerning the- application. A "Subdivision Action Pending" sign will be posted on the front yard bf the property under consideration for subdivision at least ten (10) days prior to the public hearings of the Planning Commission and City Council. 403.07CITY COUNCIL REVIEW AND ACTION: After receipt and review of the Planning Commission's recommendations on the final plat the City Council shall hold a public hearing for the purpose of reviewing the final plat. The notice for the hearing shall be published at least ten (10) days before the hearing date. If rejected, the reason for rejection shall be listen and foM,varded to the subdivider v~ithiil ten (10) days. SECTION 404 PROCEDURE FOR APPROVAL OF A REPLAY OF A SUPDIVISION Replat of Subdivision. In the event that a proposed replat of a subdivision does not involve change in subdivision class and type, change in zoning district, change in surface drainage, the subdivider may apply for a replat under the provisions of this section. The utilization of the replat does not relieve the subdivider of its obligation to comply with minimum design standards under Article 5 of the Subdivision Regulations and required improvements under Article 6 of the Subdivision Regulations. The necessity of establishing and dedicating easements for utilities shall not bar the utilization of the administrative subdivision. The procedure for such application will be as follows: 19 404.011. Application will be made to the Planning Commission under the procedures outlined for the fmal plat provisions shall'be followed. 404.022. The subdivider shall submit three (3) reproducible mylar originals and thirty (30) copies of the replat. The original shall be at a scale of one (1) to one hundred (100) feet or 1" equals 200' if seventy-five percent (75%) of the lots are of one acre or larger. The replat shall contain the following: a. Date, title, name, and location map of the subdivision: b. Names and locations of abutting streets and lots identifying street names and lot and block numbers. c. Identification of the new lot and block numbers and set back lines. d. Graphic scale and true north point. e. Monuments. f. Dimensions, angles and 'bearings and complete legal description of the property. g. Sufficient engineering data to reproduce any line on the ground. h. Location, dimensions,. and purposes of any existing easements. i. Certification by surveyor or engineer certifying to the accuracy of the survey and plat. j . Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the replat as submitted. k. Certification by the County Treasurer all assessed taxes for the current year have been paid in full. 1. Sq. Footage of each lot. 404.3 3. The plat shall be accompanied by: T+;1~+< +n 1THOa 1.< tl~c n nA r r a n J~~~I~y easelllenW si~li~u ~~ ~u~ vwii~r C3i `J~JTieis tf) p..rmit all l~ts created access to all utilities available in the City, including but not limited to, sanitary sewer, storm sewer, water, electrical, telephone, and cable television. 20 (This Page Left Blank Intentionally) 21 ARTICLE 5. SUBDIVISION DESIGN STANDARDS SECTION 501 GENERAL REQUIREMENTS 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 ofpublic financial resources for sewage and water facilities, other public facilities and streets, then the subdivision plat shall not be approved unless the subdivider formulates adequate methods for meeting such problems. All subdivision design shall conform to standards of the Comprehensive Development Plan and to the Citv Zoning Regulations. All required improvements shall be constructed or installed to conform to the provisions of this Ordinance and City specifications. SECTION 502 STREETS 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. 502.01 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 dedicatlon tf3 the bviindaries of silcl'ipropei ieS. `~vTilere the Piannmg COmmisslon diems It necessary, such dead-end streets shall be provided with a temporary turnaround having a . radius of at least fifty (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 these Regulations for a street in its category. 502.02DEDICATION OF RIGHT-OF-WAY FOR NEW STREETS: The dedication ofright-of--way for new streets measured from lot line to lot line shall be as shown in the Comprehensive Plan, or, if not shown thereon, shall meet the right-of--way requirements as provided in Schedule A of these regulations. All streets classified as arterial streets by the Comprehensive Plan shall have all points of access approved by the Planning Commission. Marginal access streets may be required by the Planning Commission for subdivisions fronting on arterial streets. 22 502.03DEDICATION OF RIGHT-OF-WAY FOREXISTING STREETS: Subdivisions platted along existing streets shall dedicate additional right-of--way if necessary to meet the minimum street width requirements set forth in these Regulations. 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, one-half (1/2) of the required right-of--way width, measured from center line of the existing roadway, shall be dedicated. Dedication of one-half (1/2) of the right-of--way for proposed streets along the boundaries of land proposed for subdivision shall be prohibited. 502.04INTERSECTIONS: Streets shall intersect as nearly as possible at an angle of ninety (90) degrees, and no intersection shall be at an angle of less than eighty (80) degrees. Street curb intersections shall be rounded by radii of at least twenty (20} feet. When the smallest angle of street intersection is less than seventy-five (75) degrees, the Planning Commission may require curb radii of greater length. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction. No lot or other parcel of land which abuts on and has access to either a collector or a minor street shall have a service drive, curb cut, or other means of access to an arterial street within seventy-five (75) feet of the right-of--way of any street which intersects such arterial street on the side on which such lot or parcel is located. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connectedby a curve with a radius adequate to insure a sight distance of not less than four hundred (400) feet for collector streets, and of such greater or less radii as the Planning Commission shall determine for special cases. 502.OSHORIZONTAL AND VERTICAL STREET CURVES: A tangent at least one hundred (100) .feet long shall be introduced between reverse curves on arterial and collector streets. Where t here is a deflecnon angle of ~i~ore thaLi ten (i 0) degrees in the alignment of a street, a curve with a radius adequate to insure safe sight distance shall be made. The minimum radii of curves provided in Schedule A of these regulations shall be required. Every change in grade shall be connected by a vertical curve constructed so as to afford a minimum sight. distance of two hundred (200) feet, said sight distance being measured from a driver's eyes, which are assumed to be four and one-half (4-1/2) feet above the pavement surface, to an object four (4) inches high on the pavement. Profiles of all streets showing natural or finished grades, drawn to an approved scale, may be required by the Planning Commission. 502.06 STREET GRADES AND ELEVATIONS: 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 (1/2) of one (1) percent. The Planning Commission shall not approve streets which will be 23 subject to inundation or flooding. All streets must be located at elevations which will make them flood-free in order that portions of the subdivisions will not be isolated by floods. Where flood conditions exist, the Planning Commission shall require profiles or elevations of streets in order to determine the. advisability of permitting the proposed subdivision activity. Fill may be used in areas subj ect to flooding in order to provide flood-free streets if such fill does not increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby increase flood heights. Street grades shall conform to the minimum requirements provided in Schedule A of these Regulations. _ 502.07MARGINAL ACCESS STREETS: Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require access streets, reverse frontage with screen planting contained in anon-access reservation along the rear property Line, deep Lots with rear service alleys, or such other treatment as may be ,necessary for adequate protection of adjacent properties and to afford separation of through and local traffic. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes Arid vehicular speeds warrant special safety considerations, the Planning Commission may require that marginal access streets be provided in order that no lots front on such existing or proposed arterial street or highway. Where a subdivision borders on or contains a railroad right-of--way or Limited access highway right-of--way, the Planning Commission may require a street approximately parallel to and on each side of such "right-of--way, at a distance suitable for the appropriate use ofthe intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations. 502.OSSTREET JOGS: Street jogs with center line offsets of less than one hundred fifty (150) feet shall be prohibited. 502.09CIJL-DE-SACS: Minor terminal or dead ends streets or courts which are designed so as to have one end permanently closed shall. not be longer than six hundred (600) feet and shall be provided at the closed end with aturn-around having a radius at the outside of the pavement of at least 50 feet and a radius at the outside of the right-of--way of at least 62.5 feet. 502.lOSTREET NAMES: 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. 24 Whenever as street alignment changes direction more than forty-five (45) degrees without a return to the original alignment within a distance of five hundred (500) feet, then the name of the street shall be changed at the point of curvature. To avoid duplication and confusion, the proposed names of all streets shall be approved by City Planning Commission prior to such names being assigned or used. 502.`1 1PRIVATE STREETS AND RESERVE STRIPS: There shall be no private streets platted within a subdivision. There shall be no reserve strips in a subdivision except where their control is definitely vested in the municipality or county under conditions approved by the City Council as authorized in these Regulations. SECTION 503 ALLEYS Alleys shall be provided to give access to the rear of all lots used for commercial and industrial purposes except when lots are located within Highway Commercial or Industrial zoned properties when the size or configuration of said facilities would not necessitate alley access. The minimum width of an alley shall be twenty (20) feet. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate facilities at the dead-end as determined by the Planning Commission. Alleys shall not be provided in residential areas except in cases where the subdivider produces evidence of the need for alleys which is satisfactory to the Planning Comr~~ission. SECTION 504 BLOCKS The lengths, widths, and shapes of blocks shall be determined with due regard to the provision of adequate building .sites suitable to the. special needs of the type of use contemplated; zoning requirements as to lot sizes and dimensions; needs for convenient access, circulation, control and safety of street traf iG; and limitations and opportunities of topography. 504.O1BLOCK LENGTHS: Block lengths shall not exceed one thousand (1,000) feet or be less than three hundred sixty (360) feet, except as the Planning Commission considers necessary to secure efficient. use of land or desired features of street layout. 504.02BLOCK WIDTHS AND TIERS: Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth, provided, that where this would require lots to front on an arterial street or highway or where topographical conditions or the size of the property prevent two (2) tiers of lots, the Planning Commission may approve a single tier of lots of minimum depth. 504.03PEDESTRIAN WAYS: Pedestrian ways not less than ten feet (10') wide may be required in blocks longer than five hundred feet (500') where such crosswalks are deemed by the Planning Commission to be essential to provide circulation, or access to schools, ptaygrniµnr~~~ ghnrnrning ~enterc~ transportation or other community faculties. 25 SECTION 505 LOTS The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. SOS.OILOT DIMENSIONS: Lot dimensions shall conform to the requirements. of the Zoning Regulations. Residential lots where not served by public sewer shall not be of less width or area than that required by the Zoning Regulations, and in no case shall such lots be of less widththan sixty (60) feet and of less area than seven thousand five hundred (7,500) square feet: 505.02CORNER LOTS: Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets. 505.03ACCESS TO LOTS: The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street. 505.04DOL'BLE FRONTAGE AI~'D 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 (10) 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. SOS.OSANGLE OF SIDE LOT LINES: Sidelot lines shall be substantially at right angles or radial to street lines. SECTION 506. FLOOD HAZARDS Land subject to flooding and land deemed to be topographically unsuitable for residential development shall not be platted for residential use or for any other use which may increase the danger to health, life, or property or aggravate erosion or flood hazards. Such land within the subdivision shall be set aside on the plat for such uses as will not be endangered by periodic or occasional inundation contrary to the public welfare. To insure that lots will be located only where they will provide flood- freebuilding sites, the Planning Commission may require the subdivider to provide elevation and flood profiles sufficient to demonstrate that the building sites will be completely free from the danger of flooding. If a stream flows through or adjacent to the proposed subdivision, the plat-plan shall provide for easement ofright-of--way along the stream for a floodway. For the smaller streams, the plan shall also provide for channel improvement to enable then to carry all reasonable floods within banks. The floor elevations of structures intended for human habitation shall be high enough to be above the level of one hundred (-100) year frequency flood. The floodway easement shall be wide enough to provide for future enlargement of the stream channel as adjacent areas become more highly developed and run-off rates are increased. 26 SECTION 507 OFF-STREET LOADING AND PARKING FACILITIES All lots or parcels platted shall provide sufficient space for off-street loading and parking facilities to meet the requirements of the zoning district within said lot of parcel is platted. SECTION 508 EASEMENTS Easements across lots or centered on rear or side lot lines shall be providedfor utilities where necessary and shall be at least sixteen (16) feet wide. Where a subdivision is traversed by a water course, drainageway, channel, or street, there shall be provided a storm water easement or drainage right-of--way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. SECTION 509 COMMUNITY ASSETS In all subdivisions, due regard shall be shown for natural features such as large trees, unusual rock formations; and water courses; for sites which have historical significance; and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the area. The Planning Commission may prepare a List of all such features within its Area of Planning Jurisdiction which it deems worthy ofpreservation. SECTION 510 CONFORMANCE WITH OTHER REGULATIONS 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 these Regulations and those contained in the building code, or other official regulations, the highest standard shall apply. SECTION 511 RESERVATION AND DEDICATION OF PUBLIC LAND AND OPEN SPACE S 11.0 lRESERVATION: Before final plat approval is given the subdivider, he/she may be required to reserve sites for parks, playgrounds, open spaces and schools and other public land as determined by the Planning Commission to be sufficient and in compliance with the Comprehensive Plan. Reservation of land for public acquisition and/or use shall be for a period not to exceed three (3) years from the date the plat is officially approved and recorded unless otherwise provided in these regulations. (1) Where a park, playground, school or other site for public use shown on the Comprehensive Plan is located in whole or in part in the applicant's subdivision, 27 the City may require the acquisition or accept the dedication or reservation of such area within the subdivision. (2) Where deemed essential by the Planning Commission upon consideration of the type of development proposed in the subdivision; and especially in-large-scale developments not anticipated in the Comprehensive Plan, the City may request the dedication or reservation of such other areas or sites of a character, extent or location suitable to the needs created by such development for school, parks and other neighborhood facilities. (3) Where a tract of land is being subdivided includes land proposed to be used for parks under the duly adapted Comprehensive Plan ofthe City, the subdivider shall indicate the location of such areas on the subdivision plat. (4) T~Jb~ere a tract of land is being subdivided includes land proposed to be used for a future school site, under the adopted Comprehensive -Plan, the subdivider shall indicate the general location of such areas on the preliminary plat. School sites are to be reserved for two years giving the Community School District the right to purchase the land at a negotiated value or at a value determined in the same manner as required by the Nebraska State Statutes for proceedings under the power of eminent domain, plus one-half the cost of grading, utilities, and paving, including curbs, of any streets contiguous to the site, plus other approved special assessments. Should the school site not be purchased within the time limit specified above, the subdivider may then sell said site for an alternate purpose as shown on the approved subdivision plat. 511.02DEDICATIG~N: Before final plat approval is given to the subdivider, he/she shall be required to dedicate to the public use all streets, alleys, buffer strips and parks as may be required by the Planning Commission. Acceptance of these dedicated lands-shall be recorded in the minutes ofthe City Council and on the subdi_visionplat. SECTI®N 512 PARKLAND DEDICATI®N AND PA~'MENTS IN LIEU ®E DEDICATI®N The 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 park, recreational facilities, and open spaces to serve future residents. The amount of land to be dedicated by a subdivider pursuant to this ordinance shall be 5% or .5 acre, whichever is greater, 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 subdividers 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 28 indicated in the final subdivision plat. The amount of such fee shall be 8% 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 fmal plat in accordance with the following: (1) The fair market value as determined by the City Council based upon fair market value appraisals considering all of the uses and purposes for which it might reasonably be used; or (2) Ifthe subdivider objects to the amount of valuation the subdivider may, at its expense, obtain an appraisal of the property based on the highest and best use of the property by a qualified real estate appraiser approved by the City, which appraisal maybe accepted by the City Council if found reasonable; or - (3) Tlie Ci~y ar~d the su'divider may agree as to the fair rriarket value. .The procedure for determining whether the subdivider is to dedicate land or pay a fee shall be as follows: (1) At all times, the City Council shall have the power to require land dedication or a fee in lieu of land dedication; regardless of subdivider's election to dedicate land or pay a fee. The City Council shall not approve any preliminary plat or final plat which has not complied with this ordinance. (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 subdivider desires to dedicate Land for park and recreational purposes, or whether subdivider desires to pay a fee in lieu thereof or provide private recreational areas if accepted by the City Council. If subdivider desires to dedicate. land for this purpose, subdivider shall designate the area thereof on the preliminary plat as submitted and a1.1 dedicated 1_and shall be contiguous. (3) At the time the preliminary plat is submitted for approval, the City Council shall determine as a part of such approval, whether to accept a dedication of land within the subdivision, or a payment of a fee in lieu thereof. The minimum size of a dedication of land for park purposes shall be .5 acre. (4) Where a dedication of land is required, it shall be accomplished in accordance with the provisions of the Subdivisions Regulations. Further the subdivider shall convey the dedicated land to the City by deed, and the deed shall be delivered to the City upon arrival of the final plat. The final plat will contain all dedicated park land and the name of the park. (5) Where fees are required, the same 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 29 twelve months from the date of the approval of the final plat, provided that subdivider furnishes written agreement to pay said fees and personal note for 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 ofthe 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 twelve month period until said fees are paid. (6) At the time the final plat is approved, and land is dedicated, the City Council shall designate the time when the development of the park and recreational facility shall be commenced. Land and fees received under this Ordinance shall be used only for the purpose of providing park, 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 park, recreational facilities and open spaces by the future inhabitants of the subdivision. Exceptions: The following subdivisions shall be exempt from mandatory land dedication for park, recreational, and open spaces, or fees in lieu ofmandatory dedication ofland forpark, recreational and open spaces; as follows: (1) All lot split subdivisions as provided in Article VII, Section 705, of this Subdivision Regulations Ordinance. (2) All light or heavy industrial park subdivisions (except those areas specifically designated as parks, recreational areas or open space on the Comprehensive Plan). An industrial park subdivision shall require all of the real estate within the subdivision to be zoned industrial pursuant to the Zoning Ordinances of the City of Blair. (3) All agricultural/business and commercial district subdivisions (except those areas specifically designated as parks, recreational areas or openspace on the Comprehensive Plan). An agricultural/business and commercial district subdivision shall require all of the real estate within the subdivision to be zoned business or commercial pursuant to the Zoning Ordinances of the City of Blair. (4) All other subdivisions a portion of which are not either contiguous to or located within the city limits of the City of Blair, Nebraska (except those areas specifically designated as parks, recreational areas or open space on the Comprehensive Plan). SECTION 513 LARGE TRACTS OF PARCELS When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and Logical resubdivision. 30 (This Page Left Blank Intentionally) 31 ARTICLE 6 REQUIRED SUBDIVISION IMPROVEMENTS SECTION 601 GENERAL REQUIREMENTS The subdivider shall design and construct improvements not less than the standards outlined in these Regulations. 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 Nebraska Department of Environmental Quality and the Nebraska Department of Health shall be the minimum standards required. 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 the Zoning Regulations of the City of Blair. The subdivider shall furnish copies of pertinent schedules and certificates of compliance as required by the City Engineer. All inspection costs and costs for required tests shall be paid by the subdivider. SECTION G02 MONUMENTS, MARKERS AND PINS Permanent concrete monuments or solid iron pins or iron pipe monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision; at the intersecticns of those boundary lines with all street lines; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as necessary to establish definitely all lines of the p1_at, including all lot corners. Stone or concrete monuments shall be at least six (E) inches in diameter, and shall be provided with an appropriate center point: Solid iron pins or iron pipe monuments shall be at least one (1) inch in diameter and at least thirty (30) inches long. The requirement monuments or pins be in place prior to approval of the final plat may be waived by the City when the developer obtains a bond from a surety bonding company authorized to do business in the State of Nebraska or the developer posts a cash deposit with the City in an amount estimated by the City to cover all costs and expenses of the actual placement of said monuments or iron pins. The bond shall be payable to the City and shall be held until such time as the placement of said monuments or iron pins is completed. Said waiver shall be for a period not to exceed six (6) months from the date of approval of the final plat and in the event the developer fails within the waiver period to place said monuments or iron pins the City may do so and apply the proceeds of the bond or cash deposit to the .cost thereof. In addition to the surety bond or cash deposit, the City may also delay filing the final plat with the County Clerk pending completion of the placement of the monuments or iron pins as required. 32 SECTION 603 STREETS 603.01 GRADING SPECIFICATIONS : All streets, roads and alleys shall be graded to their full widths by the subdivider so that street pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the approval of the City Council. Before grading is started; the entire right-of--way area shall be first cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaded, rolled and uniformly compacted to conform with the accepted cross- section and grades. In cuts, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the graded surfaces. Rock, when encountered, shall be scarified to a depth of at least-twelve (12) inches below the graded surface. In fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable matter, as well as similar matter fto~rl cuts, shall be re~~~oved tom the right-ol way area and disposed of iri such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system. 603.02MIMMUM PAVEMIENT WIDTHS: Pavement widths shall be measured between the backs of curbs. Minimum pavement or surface widths shall be provided as indicated in Schedule A of these Regulations. 603.03 STREET SURFACING: Street surfacing shall be provided in conformance with Schedule B of these Regulations or as deterrrlined- by the City Engineer. 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 three hundred (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. 603.04CURB AND GUTTER: Curb and gutter shall as a minimum be provided in conformance with Schedule, B of these regulations. In areas of notable flash flooding or heavy run-off, curbs shall be required on all streets designed for areas where the existing or anticipated residential density ofthe area surrounding the proposed subdivision equals or exceeds three (3) dwelling units per net .acre. In commercial developments, or where other similar intensive urban uses exists or are anticipated, curbs shall be required. Where curbs exist on abutting properties; their extension shall be required throughout the proposed subdivision. All curb and gutter shall be constructed in conformance with the minimum standards of the City and as approved by the City Engineer. 603.OSSTREET NAME SIGNS: Street name signs, of a type in use throughout the City shall be erected by the subdivider at all intersections. 33 603.06N0 P~~]ZKING DESIGNATION: According to City guidelines, No Parking will generally be on the east and south side of street. SECTION 604 SIDEWALKS Sidewalks shall be provided in conformance with Schedule B of these Regulations and shall be constructed of portland cement concrete or other acceptable materials as approved by the Director of Public Works. Sidewalk in all new approved subdivisions shall be constructed at the same time as the construction of the streets therein, unless the developer at the time of filing of the plat files an agreement and covenant against each of the lots in such subdivision. All sidewalks shall be located a minimum of eight (8) feet from the curb of the street, shall be a minimum of four (4) feet wide and shall be between 2." or 5" above the tap of the finished curb. Such agreement and covenant shall provide sidewalks will be installed and constructed on each lot in the subdivision not later than: a) at such time as construction on said lot which is made which required the issuance of a building permit, b) three (3) years after the date of City Council approval of the plat, or c) at such time as there has been construction on seventy-five percent (75%) of the lots within the subdivision, whichever is earliest. At the time the owner of each lot not having a sidewalk shall construct such sidewalk pursuant to City specifications. In the event any owner fails to construct such sidewalk within 90 days from the date of notice from the City to do so, the City shall cause such sidewalk to be constructed and the cost thereof shall be assessed against such property in the manner as provided by law. In subdivisions or other tracts existing as of June 1, 1993, wherein the construction of sidewalks was not required at the time of construction thereon, sidewalks shall be constructed on an_y such 1_ot or tract. at the time any building permit is issued for improverr~ents on said property except in the event the building permit is for an amount less fifteenpercent (15%) ofthe assessed value ofthe property or ifthe construction is necessitated by a natural disaster and act of God. In any subdivision or tract created or existing on or before June 1, 1993, the sidewalk construction requirement may be waived by the City Administrator and Building Inspector if there are no sidewalks on any adjacent lots or parcels. and the owner of such -real estate enters into an agreement with the municipality which shall run with the land and which shall provide in part the waiver may be withdrawn at any time by the municipality and at the time of such withdrawal, the owner or owners of said lot or parcel shall immediately construct such sidewalks as may be required by the City and that said owner or owners shall not object to such construction either privately or by an improvement district. The municipality may also waive sidewalks on one side of the streets within subdivisions wherein all of the lots are in excess of one acre. The developer, with the approval of the Mayor and City Council, shall designate on the plat which side of said streets are designated as requiring sidewalks. SECTION 605 DRIVEWAYS Driveways shall have a maximum grade often (10) percent. Driveways and curb cuts shall be located not less than three (3) feet from the side lot line on City property. Curb cuts for straight curbs and the flare for rolled curbs shall be three (3) feet wider than the driveway pavement on each side. 34 SECTION 606 STREET AND WALKWAY LIGHTING The City will direct OPPD to design and install street lighting once all paving has been completed on subdivisions in the City limits. Subdivisions outside City limits will be the responsibility of the subdivider if required by the Planning Commission and City Council. - SECTION 607 STREET TREES Subdivider may be required to provide trees. If required, trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities, street lighting, or visibility at street intersections. Existing trees should be retained in new subdivisions. wherever possible. SECTION 608. UTILITY AND DRAINAGE FACILITIES 608.01 GENERAL: Sanitary sewer, storm sewer and water distribution, shall be installed in street right of ways unless approved otherwise by Director of Public Works. All other utilities shall be installed underground (in rear lot easements wherever practical). 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 Public Works Director, following the grading of the street and prior to the application of any pavement base. Where sanitary and storm sewer lines are to be installed in the unpaved portion ofthe street right-of--way, the installation of service connections maybe 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 appLcation of anypavement base. 608.02WATER SUPPLY IMPROVEMENTS: Where a public water supply is located five hundred (500) feet or less from the subdivision or required because of pollution problems, in the determination of the Planning Commission, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire. hydrants. Public water distribution and public well systems shall meet the requirements of the City and the Nebraska Department of Health. Where public water supply is not available or not required, ,the subdivider shall supply acceptable evidence of the availability of water. The subdivider maybe required to make one (1) or more test wells in the area to be platted. if such evidence is deemed not acceptable. Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the preliminary plat to the Planning Commission. 35 Where public water supply is not available or otherwise not provided in the subdivision, the minimum lot size shall conform to the minimum lot size specified in -the Zoning Regulations, provided, that in no case shall said minimum lot be less thantwo -and one-half (2 1/2) acres in area. 608.03 SANITARY SEWER IMPROVEMENTS: The following requirements shall govern sanitary sewer improvements. (1) Where an adequate public sanitary sewer system is located five hundred (500) feet or less from the subdivision in the determination of the Planning Commission, public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the city standards and the Nebraska Department of Environmental Quality and the Department of Health. Combinations of sanitary sewers and storrri sewers shali'oe prohibited. (2) Where a public sanitary sewer system is not reasonably accessible, the subdivider may provide: a. A central treatment,plant for the group provided that such central treatment plant is installed in accordance with City and Nebraska Department of Environmental Quality and Department of Health requirements; or b. Lots may be served by individual disposal systems if the provisions of Section 608.03 (3) are iiiet. (3) a. Where the installation. of individual disposal systems is considered, the suitability of the soil for individual systems, the absorptive ability of the soil, surface drainage, groundwater level, .and topography shall be the criteria for determining whether or not 'the installation of individual systems is permissible. Criteria shal_1 be in accordance with the requirements of the City and the Nebraska Department of Environmental Quality and Department of Health. b. Each lot so served shall be a size and shape to accommodate the necessary length of the field at a safe distance from and at a lower elevation than the proposed building (s). Such lot size and shape .shall conform to the requirements of the zoning district in which they are located, provided, that in no case shall said minimum lot be less than one (1) acre in area where there is a public water supply available at the lot and two and one-half (2- 1/2) acres where there is no public water supply available: c. At least one (1) percolation test shall be made for each lot area being plotted, and each test shall be located in close proximity to the proposed individual sewage disposal unit, be numbered and its location shown on the 36 preliminary plat. All percolation tests shall be performed in accordance with the requirements of the Planning Commission and the Nebraska Department of Environmental Quality. d. Where the installation of individual disposal units is considered and where the average natural ground slope exceeds ten (10) percent, the installation of a step-up disposal system may be required subj ect to specification by the Planning Commission and the Nebraska Department of Environmental Quality. 608.04DRAINAGE IMPROVEMENTS: The subdivider shall construct all necessary facilities including underground pipe, inlets, catch basins, or open drainage ditches, as determined by the City Engineer, to provide for the adequate disposal of subsurface and surface water and maintenance~of natural drainage courses. The velocity of flow in an open ditch shall not exceed four (4) feet per second in soil ditches or six (6) feet per second in turf gutters. Paved gutters will be required if velocities of flow are greater than those specified or if it is otherwise likely that destructive erosion will result. Drainage ditches shall not be permitted to discharge into any sanitary sewer facilities. 608.OSSTORM SEWERS AND STORM WATER DRAINAGE: Where an adequate public storm sewer system is located five hundred (500) feet or less from the subdivision the subdivider shall construct a storm sewer system and connect with. such storm sewer line. If such a _ storm sewer system is not accessible, natural drainage channels with easements of adequate width shall be provided, as determined by the City Engineer and approved by the Planning .Commission. Paved `gutters or storm sewers shall be required if velocities of flow are greater than specified in Section 608.04 of these Regulations or cause destructive erosion. Storm drainage, including drain the around basements, shall not be pe~-~r~itted to discharge into any- sanitary sewer facility, but shall connect to an adequate drainage outlet. 60$.06CULVERTS AND BRIDGES: Where natural drainage channels intersect any street right-of way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed. Where culverts are required, minimum requirements shall be observed as follows: (1) All. culverts shall extend across the entire right-of--way width of the proposed street. The cover over the culvert and its capacity shall be determined by the City Engineer. The minimum diameter of a culvert pipe shall be eighteen inches. Depending on existing drainage conditions, head walls maybe required. (2) Driveway culverts shall have a minimum length of twenty (20) feet, and a minimum diameter of twelve (12) inches. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Head walls maybe required. 37 608.07EROSION 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. 608.075 SETBACK REQUIREMENTS -CREEKS/WATERCOURSES: No person shall be granted a permit for the construction of any structures, bank stabilization structures, poles, and sign structures adjacent to any creek or watercourse unless such structure is located so that no portion thereof is any closer to the creek or watercourse than will allow a maximum three-to-one slope plus 20 feet between the water's edge of the creek or watercourse. "Water's edge" shall be deemed to be that point constituting the edge of the water during normal flow conditions. A property shall be exempt from the provisions of this Section upon an application filed by the property owner supported by a showing by a registered professional engineer that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate erosion control conditions coupled with adequate lateral support so that no portion of said structure adjacent to the creek/watercourse will be endangered by erosion or lack of lateral support. In the event that the structure is adjacent to any stream which has been channelized or otherwise .improved by any agency or government, then such certification providing an exception to this Section may take the form of a certification as to the adequacy and protection of the improvements installed by such governmental agency. 608.08FIRE PROTECTION: Fire hydrants shall be provided by the subdivider in all subdivisions with public water supplies. The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all ,blocks and at mid-block for blocks exceeding eight hundred (800) feet itn length. Hydrants shall also be required at the entrance and end of all cul-de-sacs exceeding four hundred (400) feet in length. The type of hydrant and control valves and the location of the hydrant shall be approved by the Fire Chief. The minimum size of any water line serving any hydrant shall not be less than six (6) inches in diameter and shall.be circulation water lines. The size and location of water lines shall be approved by the City Engineer and the Fire Chief. 608.09ELECTRIC, GAS, AND TELEPHONE 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 11/1999 38 installed within the area. Telephone, electric, and street lighting wires, conduits and cables shall be constructed underground except in cases where the City Engineer determines that topographic, bedrock or underground water conditions would result in excessive costs to the subdivider. (2) 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 easementwdth shall be not less than sixteen (16) feet, and b) The sanitary sewer line shall be installed within three (3) feet of the easement, and the electric and/or telephone lines shall be installed within three (3) feet of the opposite side of the easement. SECTION 609 SHARED IMPROVEMENT COSTS 609.OlOVER-SIZE AND OFF-SITE IMPROVEMENTS: The utilities, pavements and other land improvements required for the proposed subdivision shall be designed of over-size and/or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the Planning Commission and City Engineer. 609.02EXTENSIONS TO BOUNDARIES: The subdivider may be required to extend the necessary .improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the City Planning Co~r~rriission. 609.03 OFF-SITE EXTENSIONS: If streets or utilities are not available at the boundary of a proposed subdivision, and if the Planning Commission fmds the extensions across undeveloped areas would not_ be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat; to obtain necessary easements or rights-df way and construct and pay for - such extensions. Such improvements shall be available for connections by subdividers of adjoining land. SECTION 610 SUBDIVISION IMPROVEMENT GUARANTEES The subdivider shall complete in a manner satisfactory to the City Council and the City Engineer; all improvements required in these Regulations specified in the fmal subdivision plat, and as approved by the City Council and shall dedicate same to the City in accordance with Section 610.07 of these Regulations. 39 The City shall, at its discretion, enter into a contract with the subdivider whereby the subdivider shall guarantee to complete all improvements required by this Ordinance or otherwise specified by the City Council in a manner satisfactory to the City Council To secure this contract, the subdivider shall provide, subject to the approval of the Planning Commission,. one of the guarantees provided in Sections 610.01 through 610.04. 610:01 SURETYPERFOR:MANCE BOND: The subdivider shall obtain a security bond in the amount . of 110% of the total estimated cost of the project from a surety bonding company authorized to do business in the State of Nebraska. The bond shall be payable to.the City and shall be in an amount to cover the entire cost, as estimated by the subdivider and approved by the City Engineer, of installing all contracted improvements. The duration of the bond shall be .until such time as the improvements are accepted by the City in accordance with Section 610.07. 610.02ESCRCW ACCOTiTNT: The subdivider shall deposit cash, or other instrument readily convertible into cash at face value in the amount of 110 percent of the total estimated cost of the prof ect, 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 subjectto the approval ofthe City Council. The deposit, as estimated by the subdivider and approved by the City Engineer, shall cover the cost of installing all required improvements. In the case of an escrow account, the subdivider shall file with the City Council_ an agreement between the financial bank and himself/Herself guaranteeing the following: (1) That the funds of said escrow account shall be held in trust until released by the .City Council and may not be used or pledged by the subdivider as security in any other matter during that period; (2) And that in the case of a failure on the part of the subdivider to complete .said improvements, then the bank shall immediately make the funds in said account available to the City for use in the completion of those improvements. 610.03 SEQUENTIAL APPROVAL OF SUBDIVISION SEGMENTS WITHOUT GUARANTEE: Where a subdivision is to be developed in several sections, the City Council may, at its discretion, waive the use of a guarantee on the initial sections, provided that such sections may not be larger thantwenty-five (25) lots, or fifty (50) percent of the total number of lots _ in the subdivision, whichever is less. The City Council shall grant final plat approval for each succeeding section being contingent upon completion of all contracted improvements . in each preceding section, and acceptance of those improvements in accordance with Section 610. Completion of improvements in the fmal section of the subdivision, which shall include at least twenty-five (25) lots, or fifty (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 Section 610 of this Ordinance. 40 610.04SPECIAL ASSESSMENT: The City may, at its discretion, 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 arrangements for actual construction and interim financing as its deems appropriate, provided that construction of 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. 610.OSTIME LIMITS: Prior to the granting of final plat approval, the subdivider. and the Planning Commission shall agree upon a deadline for the completion of all required improvements, such deadline not to exceed two (2) years from the date of final plat approval. The Planning Commission shall have the power to extend that deadline for one (1) additional year where the subdivider can present substantial reason for doing so. 610.06FAiLURE TO COMPLETE IMPROVEMENTS: If any portion of the required improvements shall fail to be accepted for dedication in compliance with section 610.07 within the allocated time period, either. for reason of incompletion or for reason of substandard construction, then the City Council shall take the following action: Where improvements have been guaranteed under Secti®r~ 610.02 of this Ordinance, the City Council shall declare whatever security has_ been pledged as a guarantee to be forfeit. Where the City Council is not already in possession of said guarantee, it shall immediately take the actions necessary to obtain it. Upon receipt of these securities, the City Council shall use them, or receipts from their sale if that be necessary, to finance the completion of contracted improvements or 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. 610.07INSPECTIONALAD CERTIFICATION: The City Engineer, or other knowledgeable official as specified by the Planning Commission, shall regularly inspect for defects in the construction of required improvements. Upon completion of these improvements, the.Cit; Engneer shall file with the Planning Commission a statement either certifying that the improvements have been completed in the specific manner or listing the defects in those improvements. Upon completion of the improvements, the subdivider shall file with the Planning Commission a statement stipulating the following: (1) That all required improvements are complete; (2) That these improvements are incompliance with the minimum standards specified by the Planning Commission for their construction; (3) That the subdivider knows of no defects from any cause, in those improvements; and 41 (4) That these improvements are free and clear of any encumbrance or lien. 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 above, 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 above have been received for that portion of the improvements. .610.08REDUCTION OF GUARANTEES: In those cases-where improvement guarantees have been made under Section 610.02 of this Ordinance, the amount of the guarantee may be reduced upon acceptance, in compliance with Section 610.07 of the dedication of a portion of the required improvements. 610.09RELEASE OF GUARANTEE: Upon acceptance, in accordance with Section 610.07 of the dedication of the final portion of improvements, the City shall authorize the release of the remaining portion of the improvement guarantee. S~CT1®I!T 611 ~PERATIOI~ A~tB ~".~AI~ITENAII~CE It is the intention of the City to provide no services other than planning and zoning administration to its zoning area beyond the corporate boundaries of the City. Therefore, it will be the obligation of the subdivider to present to the Planning Commission and City Council a precise approach for the provision of these services. Said approach may include the fol-~nation of district, homeowners organizations or other methods to operate and provide for long term maintenance and service. Said approach shall be made binding on the subdivider in a form, agreement, or contract in a manner which is accepted by the City Attorney. 42 (This page left blank intentionally.) 43 ARTICLE 7 VARIANCE SECTION 701 GRANTING OF VARIANCES; CONDITIONS The Planning Commission may recommend and the City Council may grant variances from the provisions of these regulations, but only after determining that: 1. There are unique circumstances or conditions affecting the property. 2. The variance isnecessary-for the reasonable and acceptable development of the property in question. The granting of the variance will not be detrimental to the public welfare or injurious to adjacent property. SECTION 702 RECORDING OF PLAT In no case shall the requirement of filing and recording a plat for subdivision be waived. SECTION 703 PLAN DEVELOPMENT The Planning Commission may recommend and City Council may also grant reasonable variances to these Regulations if the subdivider concurrently submits an application. for, and obtains approval of, a Planned Development District. The subdivider shall indicate where his/her plans vary from these regulations and shall present sufficient evidence to support his/her request, indicating why his/her request will not be detrimental to the public health, safety and welfare. SECTION 704 WAIVER FOR SMALL SUBDIVISIONS The subdivider may make application for and the Planning Commission may grant a waiver of some or all of the requirements provided in Article S and Article 6 of these regulations for small residential, commercial and industrial subdivisions where the following conditions exist: 1. The subdivision contains no more than five (S) lots. 2. All lots of the proposed subdivision shall be platted on existing streets. 3. Street surfaces of all streets serving the subdivision shall meet or exceed street surface standards of the City. 4. Public water, sanitary sewer, and facilities are available to all lots in the subdivision. S. The development of the subdivision will not increase erosion or flooding potential. 44 A subdivision requesting a waiver under the provisions of Section 704 of these Regulations. shall submit said request in writing to the Planning Commission prior to submission of the Preliminary Plat. The request for a waiver shall include a list of all requirements for which a waiver is sought by reference to the Section numbers and the descriptive catch-heads which appear in these Regulations. SECTION 705 LOT SPLIT An existing platted lot or parcel of land shown as a unit or as contiguous units on the January 1, 1979 Tax Rolls, of sufficient size, maybe divided into no more than two (2) lots, upon recommendation of the Planning Commission and approval of the City Council. The subdivider, developer or owner shall file with the City an application upon forms prescribed therefor and shall comply with these minimum sub-division requirements. Requests for lot split approval shall be made by the owner of the land to the City Administrator. Three (3) originals and twenty-five (25} copies of a survey of the lots, certf ed by a surveyor, and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the application. Such drawings shall include a scale drawing of the entire tract being divided. The application shall also be accompanied by one (1) reproducible copy of the survey not more than eleven (11) inches by seventeen (17) .inches. The application shall be accompanied by a certified list of names and addresses of all persons to receive notices. Written notices shall be mailed to all owners of land within three hundred (300) feet of the property. Adj acent land owners shall have ten days from the date of notification to notify the City Administrator of any protests wl'iicl'i they iT'iajy have concerning the application. A "Lot Split Action Pending" sign will be posted on the front yard of the property under consideration for a lot split at least ten (10) days prior to the public hearings of the Planning Commission and City Council. - Approval_ or disapproval_ of 1_ot splits sha11_ be made based on the following guidelines in which: A. No lot split shall be approved i£ (1) Anew street or alley is needed or proposed. (2) A vacation of streets, alleys, setback lines, access control of easements is required or proposed. (3) If such action will result in significant increases in service requirements, utilities, schools, traffic control, streets, etc.; or will interfere with maintaining existing service levels, additional repaving etc. 4/2003 45 (4) There is less street right=of--way than required by these Regulations. or the comprehensive plan unless such dedication can be made by separate instrument. (5) All easement requirements have not been satisfied. (6) If a split results in a tract which does not border on and provide direct access for ingress and egress to a public right-of--way, said direct access shall not be less than thirty (30) feet in width. An easement shall not be considered as providing direct access. (7) A substandard sized lot or parcel will be created as determined by the existing zoning. (8) Any assessed current year taxes are unpaid. B. Additional requirements or provisions pertaining to lot split applications are as follows: 1. Lot splits platted along existing streets shall include dedication to the public of right-o ` way pursuant to the provisions of Section 502.03 of these Subdivision Regulations. 2: The Planning Commission may make such additional requirements deemed necessary to carry out the intent and policy of existing land development regulations and governing body policy which may include, but not be limited to, installation of public facilities and submission of covenants for the protection of other landowners in the original subdivision. 3. The City Council, after recommendation of the Planning Commission, may waive any of the restrictions herein prohibiting the approval of a lot split upon the following conditions: (a)In the event the application is accompanied by an approval of the ,County Surveyor indicating that upon granting of the lot split any resulting substandard. size lot will be combined with an exis±ing lot and redesignated as one ±rac±, the lot split shall not be approved unless such redesignated tract meets all of the requirements for the granting of lot splits- herein; or (b) If the lot split application is for the split of a platted subdivision lot, government Iot, government subdivision or an irregular tract as crated by the Washington County Nebraska Surveyor, the lot split regulations maybe waived if the certified survey drawing includes an agreement of the owners thereof and adj acent lots to which any part of the split lot is to be appended, binding the transferees, grantees, and the assignees of the owners, providing that the resulting split tracts will be permanently appended to the contiguous lot with common ownership. Permanently appended shall mean that the resulting partial lot or the contiguous lot may not be conveyed without the other in a simultaneous transaction to the same grantee, pursuant to the terms of a contiguous parcel agreement in form satisfactory to the Planning Commission and City Council. 1/1999: 4/2003 46 C. The Planning Commission shall, in writing, either approve with or without conditions or disapprove the lot split within thirty (30) days of application. If approved, and after all conditions have been met, the chairman of the Planning Commission shall sign and furnish a certificate of approval to be affixed to the lot-split survey. D. The lot split survey shall then be submitted to the City Council for appropriate action. E. Following approval by the Planning Commission and the City Council an original survey bearing the land surveyor's certificate, the signatures of the chairman of the Planning Commission and Mayor indicating Planning Commission and Council approval shall befiled with the City Clerk in the office of the Washington County Clerk, ex-officio Register of Deeds. 2. The zoning administrator may approve lot splits without further approval by the Planning Commission or City Council as follows: A. Approval of a lot split may be made by the Zoning Administrator where all of the following conditions are met: (1) The Iot split'is in compliance with all of the terms and conditions of Section 705 herein except those as to notice and item 1 a- (a) (6) and (7). (2) The lot split is necessitated by an error in the construction of any existing building which was constructed five (5) years or more before the application was filed. (3) The lot split creates one lot which for correction purposes is not more than three feet in width. (4) The application is accompanied by written consent of the land owners holding title to the parcel to be split-and the party to which the resulting lot from the split shall be conveyed. B. Approval of a lot split may be made by the Zoning Administrator where, the division or further division of land into lots orparcels, each ofwhich contains more than ten (10) acres, and where such subdivision does not involve the creation of any new streets or easements of access. C: Approval of a lot split may be made by the Zoning Administrator where a transaction between owners of adjoining land, which involves only a change in the boundary between the land owner by such persons, does not create an additional lot, and does not result in the creation of a substandard size lot. D. If a protest ~or protests against any lot split as set forth be filed in the office of the City Clerk within ten (10) days of the notice of such split duly signed by the owners of twenty percent (20%) of the total area excepting public streets and, ways, located within or without the corporate limits of the municipality and located within three hundred feet of boundaries of the property proposed to be split. Approval of such split shall not be made by the Zoning Administrator under this section, and the 47 approval of the split shall be made by the procedure as set forth hereinabove, by hearing before the Planning Commission and City Council. 3 . Conveyances or transfers of real estate otherwise subj ect to the provisions of this section shall be exempt in the following instances: A: A conveyance of land or interest therein for use as right-of--way by railroad or other public utilities subject to state or federal regulation, where no new street or easement of access is created. B. Any transfer by operation of law. C. A conveyance of land to any governing body for right-of--way or other public use when such acceptance is in the public interest and not for the purpose of circumventing these regulations. 4. The applicant sl'iail pay and the application must be accompanied by a nonrefundable application fee. Said fee shall be set and determined from time to time as deemed necessary by the~Mayor and City Council by resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license, and application fees. 48 ARTICLE 9 REPEALS All Ordinances of the City inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed. The repeal of any of the above-mentioned does not revive any other Ordinances or portions thereof repealed by said Ordinances. ~ Such repeals shall not affect or prevent the prosecution or punishment of any person for the violation of any Ordinance repealed hereby, for any offense committed prior to the repeal. 49 ARTICLE 10 SEVERABILITY It is hereby declared to be the legislative 'intent that the several provisions of this Ordinance shall be severable, in accordance with the provisions set forth below. If any provision of this Ordinance is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: l . The effect of such decision-shall be limited to that lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgement or decree of invalidity was rendered. 2. Such decision shall not affect, impair or nullify this Ordinance as a whole or the application of any provisions thereof, to any other lot, .building, other. struc ure, or tract of land. ARTICLE 11 EFFECTIVE DATE This Ordinance shall take effect and be in force from and after its passage and publication in pamphlet form as provided by law. Passed and Approved this 13th day of May, 1997. Michael A. Mines, Mayor ATTEST: Alice Diedrichsen, City Clerk 50 Addendum No. 1 to Schedule B of Subdivision Regulation for Blair, Nebraska The City Administrator and Building Inspector of the City ~ of Blair may waive the sidewalk requirements as set forth in Schedule B and Section 604 hereof where the proposed residential construction is located in one of the following areas: College Heights Addition; Westridge Addition, Baronage Valley Addition, Marquardt's Hillcrest Addition, on South 13th Avenue south of Wilbur Street; and 16th Street south of Wilbur Street. -Such waiver may be made only in the event that said residential construction is not adjacent to any lot or parcel of real estate on which a sidewalk has previously been constructed. Such waiver further maybe granted only if the owner of such real estate provides to the City an agreement which shall run with the land and which shall provide in part that said owner understands and agrees that the waiver may be withdrawn at any time and that at such. time, said owner or owners will not object to the construction of sidewalks as may be required or promulgated by the City. SCHEDULE A: MINIMUM STREET STANDARDS Minimum Minimum Center Min. Spacing Minimum Surface No. of No. of Shoulder Line intersection Right of Width Traffic Parking Width (ft) Maximum Radius with arterial Way (ft) (ft) Lanes Lanes Grade % (Dig.) street (ft) CLASS I SUBDIVISIONS (REFER TO SECTION 303.01 (51~ Arterial Street 120 36 (2) 2 0 Collector Street 80 30 (2) 2 0 Local Street 50 24 (2) 2 0 Cul-de- Sac and Loop 62.5 50 (2) 2 0 4 (2) 7 350 -- -- 4 7 300 1320 4 8 200 1320 3 10 200 None Allowed 51 CLASS II SUBDIVISIONS (REFER TO SECTION 303 Ol (51~ Arterial Street ~ 100 44 (2) 4 0 8 6 300 -- -- Collector Street 80 36 (2) 2 0 6 7 300 1320 Local Street 50 25 (2) ' 2 2 6 8 200 1320 Cul-de- Sac and Loop 62.5 50 (2) 2 1 4 10 100 None Allowed (1) Minimum standards are not applicable to roads and streets which are included on the Federal-Aid Primary or Federal-Aid Secondary system of on the county or municipal One and Six Year Road and Street Plan. (2) Add greater width if parking and/or turning lanes are to be provided: minimum turning lane = 10 feet minimum parking lane = 8 feet (3) If a greater surface width is provided for parking lanes or turning lanes an equivalent footage o_f the additional surface width shall be added to the minimum right of way. SCHEDULE B: REQUIRED SUBDIVISION REQUIREMENTS Subdivision Curb& Sidewalks Street Surface Storm Street Central Central Class (Section Gutter Type Minimum Drainage Lights .Lights Water 303.01 (51)) System System C1assI N.R. N.R. Agg N.R. N.R. N.R. N.R. Class II Yes. Yes Bit-Con Yes Yes Yes Yes N.R. =Not Required, but subject to approval of Planning Commission and City Engineer AGG =Aggregate, crushed rock or gravel Bit-Con =Bituminous or concrete surface 52 APPENDIX FEES SET BY MAYOR AND CITY COUNCIL Application Permit and License Fees License Fee -General Contractor Permit Issuance Fee Building Permit Deposit Fee (Required on Permits $10,000 and Over) Building Permit Fees PLUS PERMIT ISSUANCE FEE $ 0 TO $ 1,999 $ 2,000 TO $ 4,999 $ 5,000 TO $ .9,999 $ 10,000 TO $ 49,999 $ 50,000 TO $ 99,999 $ 100,000 TO $ 199,999 $ 200,000 TO $ 399,999 $ 400,000 TO $ 999,000 $ 1,000,000 AND OVER $ 25.00 $ 15.00 $ 200.00 $ 15.00 $ 25.00 $ 50.00 $ 50.00 + $ 5.00 per 1000 $ 250.00 + $ 4.50 per 1000 $ 475.00 + $ 4.00 per 1000 $ 875.00 + $ 2.50 per 1000 $ 1,375.00 + $ 1.25 per 1000 $ 2,125.00 + $ 1.00 per 1000 Sign Erecting (Per Sign $ 15.00 NO ISSUANCE FEE Fences/Roofing/Siding and Soffits/Swimming Pools ... $ 15.00 Deck (No Roofs)/Window and Door Replacements Satellite Dish/Radio Antenna NO ISSUANCE FEE Appliance Vents/Fans $ 10.00 Boiler $ 15.00 Duct System $ 10.00 Gas/Air Outlets (Per Outlet) $ 2.00 Radiant Heat Systems $ 25.00 ELECTRICAL PERMIT FEES License Fee -Electrician $ 25.00 plus a $1,000.00 bond Permit Issuance Fee $ 15.00 Electric Permit Fees Existing Service (Upgrade) $ 10.00 Temporary Service $ 10.00 Fire Alarm System $ 10.00 COMMERCIAL/MULTI-FAMILY AND ALL UPGRADES: New Service Fee = (Amp Fee + 2.00 per branch circuit) 1-100 Amp Fee 101-200 Amp Fee 201-300 Amp Fee 301-400 Amp Fee 401-500 Amp Fee 501-600 Amp Fee 601-700 Amp Fee 701-800 Amp Fee 801-900 Amp Fee 901-1000 Amp Fee IF OVER 1000 Amp 1st 1000 A Each additional 100 A $ 13.00 $ 18.00 $ 30.00 $ 42.00 $ .55.00 $ 67.00 $ 80.00 $ 92.00 $ 105.00 $ 117.00 $ 117.00 $ 13.00 (Example: 200 ampere service with 40 branch circuits _ $18.00 + (40 x 2.00) _ $98.00 inspection fee) All permit fees are based per dwelling unit (Example: 22 apartments would be charged for 22 separate permits on the Mechanical/Plumbing/Electrical. However, only one (1) permit issuance fee would be charged per permit even though 22 separate permit fees would be collected.) MISCELLANEOUS PERMIT FEES Building Moving Demolishing Building Curb Cut $3.00 per ft. deposit Utility Excavation $1.50 per ft. deposit Special Use Permit, New Special Use Permit, Renewal Variance Application Lot Split Application Preliminary Plat Plus $1.50 for each lot Final Plat Plus $1.50 for each lot Replat Plus $1.50 for each lot Nonconforming Use, Limited Extension Rezoning or Zoning Ordinance Amendments $ 25.00 $ 25.00 $ 15.00 $ 15.00 $ 55.00 $ 35.00 $ 55.00 $ 65.00 $ 100.00 $ 15.00 $ 100.00 $ 55.00 $ 55.00