Subdivision 2005-03, Article 06 Required Subdivision ImprovementsARTICLE 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 602 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
intersections 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 plat, including all lot corners. Stone or concrete monuments shall
be at least six (6) 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.
SECTION 603 STREETS
City of Blair Subdivision Regulations Article 6, page 1
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 from cuts, shall be removed from the right-
of-way area and disposed of in such a manner that it will not become incorporated in fills
or hinder proper operation of the drainage system.
603.02 MINIMUM PAVEMENT 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 determined 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.
603.04 CURB 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 of the 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.
603.05 STREET NAME SIGNS: Street name signs, of a type in use throughout the City shall
be erected by the subdivider at all intersections.
603.06 NO PARKING DESIGNATION: According to City guidelines, No Parking will
generally be on the east and south side of street.
SECTION 604 SIDEWALKS
City of Blair Subdivision Regulations Article 6, page 2
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 top 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 any
such lot or tract at the time any building permit is issued for improvements on said property except in
the event the building permit is for an amount less fifteen percent (15%) of the assessed value of the
property or if the 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 of ten (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.
SECTION 606 STREET AND WALKWAY LIGHTING
City of Blair Subdivision Regulations Article 6, page 3
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 of the
street right-of-way, the installation of service connections may be delayed, provided, that
at such time as these service connections are installed, they shall be installed without
breaking or weakening the existing pavement. Where rock is known to exist beneath the
pavement area at such depth as to interfere with the installation of service connections,
the complete installation of service connections shall be required prior to the application
of any pavement base.
608.02 WATER 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 may be 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.
Where public water supply is not available or otherwise not provided in the subdivision,
City of Blair Subdivision Regulations Article 6, page 4
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 than two 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 storm sewers shall be 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 met.
(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 shall 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 tile 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
City of Blair Subdivision Regulations Article 6, page 5
proposed individual sewage disposal unit, be numbered and its
location shown on the 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 subject to
specification by the Planning Commission and the Nebraska
Department of Environmental Quality.
608.04 DRAINAGE 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.
608.05 STORM 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 tile around basements, shall not be
permitted to discharge into any sanitary sewer facility, but shall connect to an adequate
drainage outlet.
608.06 CULVERTS 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 may be
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 may be
City of Blair Subdivision Regulations Article 6, page 6
required.
608.07 EROSION CONTROL: The subdivider shall be required to provide for the control of
erosion of areas of the subdivision which are disturbed by grading operations by
constructing temporary terraces on slopes, temporary silting basins, sod swales and
spillways, and whatever may be necessary to prevent erosion and damage to adjacent
properties from surface drainage as approved by the City Engineer and the Planning
Commission.
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.
608.08 FIRE 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 in 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.
608.09 ELECTRIC, 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 installed within the area. Telephone, electric, and street lighting
City of Blair Subdivision Regulations Article 6, page 7
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 easement width 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
609.01 OVER-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.
609.02 EXTENSIONS 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 Commission.
609.03 OFF-SITE EXTENSIONS: If streets or utilities are not available at the boundary of a
proposed subdivision, and if the Planning Commission finds 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-of-
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 final 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.
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
City of Blair Subdivision Regulations Article 6, page 8
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 SURETY PERFORMANCE 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.
610.02 ESCROW ACCOUNT: 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 project, either with the City, or in escrow with a bank. The use of any
instrument other than cash, and in the case of an escrow account, the bank with which
the funds are to be deposited, shall be subject to the approval of the 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 than twenty-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 final 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.
610.04 SPECIAL 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
City of Blair Subdivision Regulations Article 6, page 9
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.
610.05 TIME 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.
610.06 FAILURE 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 Section 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.
610.07 INSPECTION AND 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
City Engineer 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 in compliance 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
(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
City of Blair Subdivision Regulations Article 6, page 10
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.
610.08 REDUCTION 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.
610.09 RELEASE 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.
SECTION 611 OPERATION AND MAINTENANCE
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 formation 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.
(END OF SECTION)
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City of Blair Subdivision Regulations Article 6, page 11