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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 SECTION 2 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 B r--_ ,:<- - f �� --M T M C F. RFATPTI� 1VIAV�__ 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.