2244ORDINANCE NO. 2244
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE CITY OF BLAIR SUBDIVISION REGULATIONS,
ARTICLE 4, SECTION 404 PROCEDURE FOR APPROVAL OF REPLAT OF A
SUBDIVISION AND ARTICE 7, SECTION 705 LOT SPLITS IN REFERENCE; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FORCE AND EFFECT AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1 That Article 4, Sections § 404 through § 404.8 in reference to the procedure
for approval of a Replat of a Subdivision and Article 7, Section § 705 in its entirety in reference
to Lot Split of Tax Lots or Parcels of the Subdivision Regulations of the City of Blair, Nebraska
are hereby amended as attached hereto as "Exhibit A" and fully incorporated herein by reference.
SECTION 2 All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3 This ordinance shall be in full force and effect from and following the
passage and publication hereof as required by law and providing for publication of this ordinance
in pamphlet form.
PASSED AND APPROVED this 9th day of April, 2013.
CITY OF BLAIR, NEBRASKA
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ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and forgoing Ordinance was passed
and approved at a regular meeting of the Mayor and City Council of said City held on the 9th
day of April, 2013.
BRENDA R. WHEELER, CITY CLERK
SECTION 404 PROCEDURE FOR APPROVAL OF A REPLAT OF A SUBDIVISION
Replat of Subdivision. A replat replaces all or part of a recorded Final Plat. A replat is
used to reconfigure existing platted lots and easements in an existing subdivision and
may increase or decrease the number of lots in the subdivision. In the event that a
proposed replat does not involve a change in subdivision class and type, a change in
zoning district, or a 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:
404.01 REPLAT SUBMISSION REQUIREMENTS: Application will be made to the Planning
Commission under the procedures outlined for a replat.
404.02 FEES: A nonrefundable replat application fee shall accompany the replat application.
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.
404.03 SCALE AND REPLAT CONTENTS: The subdivider shall submit four (4) Mylar
originals, two (2) full size paper, and one (1) reproducible copy not more than eleven
(11) inches x seventeen (17) inches of the replat and other exhibits required for approval
shall be submitted. An electronic version of the maps must also be submitted as part of
the replat application. 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:
(11 nnte title. name and location map of the subdivision.
(2) Names and locations of abutting streets and lots identifying street
names and lot and block numbers.
(3) Identification of the new lot and block numbers and set back lines.
(4) Graphic scale, true north point and full legend depicting all map
symbology.
(5) Monuments.
(6) Dimensions, angles and bearings and complete legal description of
the property.
(7) Sufficient engineering data to reproduce any line on the ground.
(8) Location, dimensions, and purposes of any existing easements.
(9) Certification by surveyor or engineer certifying to the accuracy of the
survey and plat.
(10) 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.
(11) Certification by the County Treasurer all assessed taxes for the
current year have been paid in full.
(12) Square footage of each lot.
(13) Location of all existing buildings, structures, fences and retaining
walls.
404.04 SUPPLEMENTARY DATA REQUIRED: The replat shall be accompanied by:
Utility easements signed by the owner or owners to permit all lots created access to all
utilities available in the City, including but not limited to, sanitary sewer, storm sewer,
water, electrical, telephone, and cable television.
404.05 PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission
shall approve or reject the replat and prepare a recommendation to the City Council for
approval or rejection. All reasons for recommending rejection shall be clearly stated.
404.06 NOTIFICATION OF ADJACENT LANDOWNERS: All persons which are the
recorded title owners of land within three hundred (300) feet of any point along the
perimeter of the land to be replatted shall be notified in writing of the pending replat.
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 replat at least ten (10) days prior to the public hearings of the
Planning Commission and City Council.
404.07 CITY COUNCIL REVIEW AND ACTION: After receipt and review of the Planning
Commission's recommendations on the replat the City Council shall hold a public
hearing for the purpose of reviewing the replat. The notice for the hearing shall be
published at least ten (10) days before the hearing date. If rejected, the reason for
rej ection shall be listed and forwarded to the applicant within ten (10) days.
SECTION 404.08 PROCEDURE FOR APPROVAL OF ADMINISTRATIVE TWO LOT
REPLATS
The Zoning Administrator may approve Administrative Two Lot Replats of two
contiguous platted lots within the same subdivision without further approval by the
Planning Commission or City Council if all of the following conditions are met:
A. The proposed two lot replat does not involve a change in subdivision class and
type, a change in zoning district, or a significant change in surface drainage.
B. The proposed two lot replat is a transaction between owners of two contiguous
platted lots within the same subdivision, which involves only a change in the
boundary between the two platted lots owned by such persons, does not create an
additional lot, and does not result in the creation of a substandard --size platted lot.
Following the mailing of the written notices required in Section 404.06, if a protest or
protests against such two lot replat be filed in the office of the City Clerk within ten (10)
days of the notice of such two lot replat, which are duly signed by the owners of twenty
percent (20 %) of the total area, excepting public streets and ways, located within three
hundred feet of the boundaries of the properties proposed to be replatted, approval of
such two lot replat shall not be made by the Zoning Administrator under this section,
and the approval of such replat shall be made by the procedure as set forth hereinabove
by hearing before the Planning Commission and City Council.
SECTION 705 LOT SPLIT OF TAX LOTS OR PARCELS
An existing tax lot or parcel of land shown as a unit or as contiguous units on the January 1,
1979 Tax Rolls, of sufficient size, may be divided into no more than two (2) tax lots, upon
recommendation of the Planning Commission and approval of the City Council. In AGG a lot split is
allowed where a tax lot, tract or parcel of land is divided into one tax lot that is at least three (3) acres
and a second tax lot that is greater than ten (10) acres. The subdivider, developer or owner shall file
with the City an application upon forms prescribed therefor and shall comply with these minimum
lot requirements. Requests for lot split approval shall be made by the owner of the land to the City
Administrator.
The subdivider shall submit four (4) full -size paper originals and one (1) reproducible copy
not more than eleven (11) inches x seventeen (17) inches of a survey of the lots, certified by a
surveyor, showing the location of the structure(s) thereon, together with the precise nature, location
and dimensions of the split. Such drawings shall include a scale drawing of the entire tract being
divided. An electronic version of the survey maps capable of being imported into the City's GIS
system must also be submitted. The application shall be accompanied by a list of names and
addresses of all owners of land within three hundred (300) feet of the property who shall receive
notices.
The submitted drawing shall also contain the following:
(1) Date, title (such as "Lot Split of Tax Lot.."), and location map of the tax lot being split.
(2) Names and locations of abutting streets and lots, identifying street names and tax lot or lot
and block numbers.
(3) Identification of the new tax lot and set back lines.
(4) Graphic scale and true north point.
(5) Monuments.
(6) Dimensions, angles and bearings and complete legal description of the property.
(7) Sufficient engineering data to reproduce any line on the ground.
(8) Location, dimensions, and purposes of any existing easements.
(9) Certification by surveyor or engineer certifying to the accuracy of the survey and drawing.
(10) 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 drawing as
submitted.
(11) Certification by the County Treasurer all assessed taxes for the current year have been paid in
full.
(12) Square footage of each tax lot.
(13) If applicable, utility easements signed by the owner or owners to permit all tax lots created
access to all utilities available, including but not limited to, sanitary sewer, storm sewer,
water, electrical, telephone, and cable television.
Written notices shall be mailed to all owners of land within three hundred (3 00) feet of the
property. 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.
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.
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.
1. Approval or disapproval of tax lot splits shall be made based on the following guidelines in
which:
A. No tax lot split shall be approved if.
(1) A new street or alley is needed or proposed.
(2) A vacation of streets, alleys, setback lines, access control of easements is needed or
proposed.
(3) 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) 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 dedicated.
(6) The tax lot 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 tax lot or parcel would be created, as determined by the existing
zoning.
(8) Any assessed, current year taxes are not paid.
(9) Approval has not been granted by the Public Works Director for access to proposed
lots in corporate limits or County Roads Superintendent for access to proposed lots in
the two -mile jurisdiction.
B. Additional requirements or provisions pertaining to tax lot split applications are as
follows:
(1) Tax lot splits platted along existing streets shall include dedication to the public of
right -of -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 tax lot split upon the following
conditions:
(a) Lot split to be appended to an existing tax ax lot If the tax lot split application
includes a letter from the County Surveyor indicating that upon granting of the tax
lot split any resulting substandard size tax lot will be combined with an existing tax
lot or tract and redesignated as one tax lot or tract, the tax lot split may be approved
if such redesignated tax lot or tract meets all of the requirements for the granting of
tax lot splits herein; or
(b) Lot split to be appended to an existing platted lot If the tax lot split application
includes an agreement of the owners thereof and owners of adjacent platted lot(s) to
which any part of the split lot is to be appended, binding the transferees, grantees,
and the assignees of the owners, requiring the resulting split tax lot(s) will be
permanently appended to the contiguous platted lot(s) with common ownership.
Permanently appended shall mean that the resulting partial tax lot or the contiguous
platted 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.
C. The Planning Commission shall consider the tax lot split within thirty (60) days of
application. The chairman of the Planning Commission shall sign and furnish a certificate of
approval or disapproval to be affixed to the lot split survey.
D. The tax lot split application shall then be submitted to the City Council for appropriate
action.
E. Following approval by the City Council, an original survey bearing the land surveyor's
certificate, the signatures of the chairman of the Planning Commission and Mayor, indicating
City Council approval, shall be filed by the City Clerk in the office of the Washington
County Register of Deeds.
2. The Zoning Administrator may approve an Administrative Tax Lot Line Adjustment without
further approval by the Planning Commission or City Council which involves a transaction
between owners of adjoining tax lots, which involves only a change in the boundary between
the tax lots owned by such persons, which does not create an additional tax lot, and which
does not result in the creation of a substandard tax lot.
Following the mailing of the written notices required in Section 705, if a protest or protests
against such tax lot split be filed in the office of the City Clerk within ten (10) days of the
notice of such split, which are duly signed by the owners of twenty percent (20 %) of the total
area, excepting public streets and ways, located within three hundred feet of the boundaries
of the property proposed to be split, approval of such tax lot split shall not be made by the
Zoning Administrator under this section, and the approval of such tax lot 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 subject 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.