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City of Seward, NE
Seward County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
The purpose of this article is to establish procedures for subdivision applications and for review and action on applications by the Planning Commission and the City Council. The procedures are designed to assure adequate review and consideration of subdivision applications, while providing for an orderly and expeditious approval process. This article provides procedures for the approval of three types of subdivisions: administrative subdivisions, minor subdivisions, and major subdivisions.
A. 
Scope. The administrative subdivision procedure may be used to adjust an interior lot line, to create no more than four lots, or to combine two or more lots without replatting, provided the following conditions are met:
(1) 
In the case of an administrative lot line adjustment:
(a) 
The lots involved must be designated within the same zoning district and the proposed adjustment will not create or result in a violation of the Unified Land Development Ordinance.
(b) 
The lots involved must be existing platted lots.
(c) 
The adjustment alters lot lines of no more than four lots.
(2) 
In the case of an administrative platting or lot consolidation:
(a) 
The lots involved must be designated within the same zoning district and the proposed platting or lot consolidation will not create or result in a violation of the Unified Land Development Ordinance.
(b) 
The lots involved must be existing platted lots.
(c) 
The lots must be under unified ownership.
(d) 
The proposed platting creates no more than four lots, or the proposed consolidation consolidates no more than four lots.
(3) 
A lot is limited to only one instance of an administrative adjustment, platting and/or consolidation.
(4) 
The subdivision is served by existing utilities and does not require the extension of streets, utilities, or public improvements.
(5) 
Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertain to the lots; and each lot is developable according to the site development regulations of the Unified Land Development Ordinance.
B. 
Application and approval procedure. An application for an administrative subdivision may be approved under the following procedure:
(1) 
The applicant submits an application on a form provided by the City of Seward and including the supporting documents required for administrative subdivisions in Table 38A, included as an attachment to this chapter. These documents shall include a plat of all lots and parcels that are affected by the action, prepared by a licensed surveyor. The plat document shall also include existing public improvements that serve the site; and shall include a demonstration that required setbacks may be met. A fee as set from time to time by the City Council, together with filing fees, shall accompany the application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Following submission, the Zoning Administrator and Public Works Director shall review each application according to the following criteria:
(a) 
Compliance with the conditions contained in Subsection A above.
(b) 
Consistency with the Comprehensive Development Plan of the City of Seward.
(c) 
Potential adverse environmental effects or effects on neighboring properties.
(3) 
Following such review, the Zoning Administrator may approve the administrative subdivision. Such approval shall be denoted by a signed certificate of approval that must be filed along with the plat with the Seward County Register of Deeds.
(4) 
The Zoning Administrator retains the right to disapprove or not act on the administrative subdivision application. In the event of such action, the application may proceed through the minor or major subdivision process. If the subdivision complies with the conditions of a minor subdivision application, it may be directed to that approval process. Otherwise, the proposed subdivision shall be deemed a major subdivision and proceed through the appropriate review and action process.
(5) 
Following approval of an administrative subdivision, the Zoning Administrator shall file the plat and certificate of approval with the Seward County Register of Deeds.
(6) 
The City Clerk/Zoning Administrator shall keep a complete and accurate record of all administrative subdivision approvals.
A. 
Scope. The minor subdivision procedure may be used when a proposed subdivision meets all of the following conditions:
(1) 
The subdivision adjusts the lot lines of no more than four new lots without creating additional lots; or creates no more than four lots from any single parcel, tract or lot.
(2) 
The subdivision is served by existing utilities and does not require the extension of streets, utilities or public improvements.
(3) 
Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertain to the lots; and each lot is developable according to the site development regulations of the Unified Land Development Ordinance.
(4) 
No part of the parcel has been the subject of a previous administrative or minor subdivision approval.
(5) 
No lot resulting from the minor subdivision shall be smaller than 60% of the size of the smallest lot on the block containing the subdivision.
B. 
Application and approval procedure. An application for a minor subdivision may be approved under the following procedure:
(1) 
The applicant submits an application on a form established by the City and including the supporting documents required for administrative subdivisions in Table 38A.[1] These documents shall include a plat of all lots and parcels that are affected by the action, prepared by a licensed surveyor. A fee as set from time to time by the City Council, together with filing fees, shall accompany each application.[2]
[1]
Editor's Note: Table 38A is included as an attachment to this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Following submission, the Zoning Administrator shall review each application according to the following criteria:
(a) 
Compliance with the conditions contained in Subsection A above.
(b) 
Consistency with the Comprehensive Development Plan of the City of Seward.
(c) 
Potential adverse environmental effects or effects on neighboring properties.
(d) 
Effects of the subdivision on public services. In order to determine this effect, the Zoning Administrator may submit the application to relevant school districts, utilities, and public safety agencies as required.
(3) 
Following such review, the Zoning Administrator shall forward the application, along with his/her recommendation, to the Planning Commission.
(4) 
The Planning Commission, following proper notice, shall hold a public hearing on each minor subdivision and, following such public hearing, shall take action on the application. If the subdivision is approved by the Planning Commission, the approval shall be documented by a certificate of approval, executed by the Zoning Administrator and the Chairperson of the Planning Commission. This certificate shall be filed along with the approved plat with the Seward County Register of Deeds. A record of all subdivisions and certificates of approval shall also be maintained by the City Clerk.
(5) 
The Planning Commission retains the right to disapprove or not act on the minor subdivision application. In the event of such action, the application may proceed through the major subdivision process.
(6) 
Following approval of a minor subdivision, the Zoning Administrator shall file the plat and certificate of approval with the Seward County Register of Deeds.
(7) 
The City Clerk/Zoning Administrator shall keep a complete and accurate record of all minor subdivision approvals.
A. 
Applicability. The major subdivision procedures apply to all subdivisions which are not approved or eligible for approval under the administrative or minor subdivision procedures. In general, these include subdivisions that:
(1) 
Are not approved under the administrative or minor subdivision procedure.
(2) 
Create more than four lots.
(3) 
Require development or extension of public improvements.
B. 
Stages in the approval process. The approval process for major subdivisions consists of three stages: the pre-application stage, the preliminary plat approval stage, and the final plat approval stage.
C. 
Pre-application procedures.
(1) 
Before filing an application for preliminary plat approval, the applicant shall meet with the Zoning Administrator regarding general requirements and issues relating to the proposed subdivision.
(2) 
At the pre-application conference, the applicant shall submit a concept plan. The concept plan shall include:
(a) 
A location map showing the relationship of the proposed subdivision to existing and proposed streets and public facilities.
(b) 
A schematic plan illustrating the proposed layout of streets, lots, and other features and their relationship to existing and proposed site topography.
(3) 
Within 15 working days, the Zoning Administrator shall inform the applicant about the consistency of the concept plan with the objectives and policies of the City's Comprehensive Plan and Unified Land Development Ordinance.
(4) 
The pre-application conference does not require a formal application or payment of a fee.
D. 
Preliminary plat application.
(1) 
Application requirements. After the pre-application conference, the applicant shall prepare and submit an application for preliminary plat approval. The applicant shall prepare and file 20 copies of a proposed preliminary plat. The application for preliminary plat approval shall be submitted to the Zoning Administrator at least 30 calendar days before the Planning Commission meeting at which the application will be considered. The application shall consist of a form established by the Zoning Administrator; the supporting documents required for major subdivisions in Table 38A;[1] and payment of a filing fee and a notification fee as set from time to time by the City Council. The plat shall not be accepted until the filing fee has been paid.[2]
[1]
Editor's Note: Table 38A is included as an attachment to this chapter.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Draft subdivision agreement. The preliminary plat application shall include a draft of a subdivision agreement prepared by the City following a format established by the City of Seward. The subdivision agreement establishes the mutual responsibilities of City and subdivider, including financing of public improvements; the nature of performance bonds and guarantees that the developer will offer; and the financing arrangements proposed for the subdivision. The City may elect to waive this requirement if it finds that such a subdivision agreement is unnecessary.
(3) 
Preliminary plat approval procedure.
(a) 
After submission of a complete application for a preliminary plat, the Zoning Administrator shall review the application. As part of the review, the Zoning Administrator will circulate the application to local utilities, the school district in which the subdivision is located, public safety agencies, and any other applicable provider of public services deemed necessary. Each reviewing agency shall submit written comments to the Zoning Administrator within a fifteen-day period.
(b) 
Following the comment period, the Zoning Administrator shall submit a written recommendation for action to the Planning Commission.
(c) 
The Planning Commission, following proper notice, shall hold a public hearing on each major subdivision and, following such public hearing, shall take action on the application. The Planning Commission may recommend approval, conditional approval, or denial of the preliminary plat to the City Council. In addition, the Commission may delay action on the application in order to resolve outstanding issues.
(d) 
Following action by the Planning Commission, a written recommendation summarizing the Commission's action shall be transmitted to the City Council.
(e) 
The City Council, following proper notice, shall hold a public hearing on each major subdivision and, following such public hearing, shall take action on the application.
(f) 
Approval of a preliminary plat by the City Council shall not constitute approval of a final plat. The approval shall be considered an expression of conditional approval to guide the preparation of a final plat, to be considered subsequently by approving authorities. The preliminary approval shall confer upon the applicant the following rights:
[1] 
The general terms and conditions under which the plat was approved will not change.
[2] 
The applicant may submit for approval a final plat for the whole or a part of the preliminary plat on or before the expiration date of the preliminary approval. For some subdivisions, the preliminary and final plats may be submitted and approved simultaneously.
[3] 
The preliminary plat approval shall stay in force for an indefinite period of time from the date of approval by the City Council. The City Council may, at its discretion, establish a specific effective period or expiration date for a preliminary plat.
E. 
Final plat application process.
(1) 
Application requirements. The applicant shall prepare and submit an application for final plat approval. The application for final plat approval shall be submitted to the Zoning Administrator at least 21 calendar days before the Planning Commission meeting at which the application will be considered. The application shall consist of a form established by the City of Seward; the supporting documents required for final plat approval of major subdivisions in Table 38A;[3] and payment of a filing fee as set from time to time by the City Council. The final plat shall not be accepted for filing until the filing fee has been paid.
[3]
Editor's Note: Table 38A is included as an attachment to this chapter.
(2) 
Final subdivision agreement. The final plat application shall include the final subdivision agreement to be executed between the City and the applicant. The terms of this agreement shall be acted upon along with action on the final plat.
(3) 
Performance bond. The subdivision agreement shall specify the amount of the performance bond for public improvements to be filed prior to receiving final plat approval or, alternately, shall contain a statement that required improvements have been satisfactorily completed. The performance bond, if required, must be presented in a form satisfactory to the City Attorney prior to final approval of the subdivision.
(4) 
Final plat approval.
(a) 
The Zoning Administrator and Planning Commission shall review the final plat for consistency with the approved preliminary plat and for compliance with the Unified Land Development Ordinance and other applicable local, state, or federal statutes and regulations. If the final plat meets all conditions of the ordinance and is substantially consistent with the terms of the preliminary plat approval, the Commission shall have no recourse but to approve the final plat.
(b) 
If the Planning Commission finds in its review that the submitted final plat is inconsistent with the preliminary plat, does not comply with the conditions of relevant ordinances and statutes, or requires a waiver of any section of the Unified Land Development Ordinance, it shall hold a public hearing on the final plat. Following such public hearing, the Commission shall transmit its recommendation on the final plat to the City Council.
(c) 
The City Council shall take final action on the application. The City Council is further empowered to grant waivers of a section of the Unified Land Development Ordinance after a waiver request has received a recommendation from the Planning Commission.
F. 
Filing the final plat.
(1) 
Following City Council approval of a final plat, the Chairman of the Planning Commission and the Mayor of the City of Seward shall sign a certificate of approval, which shall be a part of the reproducible documents of the subdivision plat required with submission of the final plat.
(2) 
The passage of an ordinance by the City Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat. The Zoning Administrator shall record the plat in the office of the Register of Deeds of Seward County and shall file an executed print on Mylar or similar film in the office of the City Clerk/Zoning Administrator as satisfactory evidence of such recording before the City shall recognize the plat as being in force.
(3) 
The subdivider must file the fully executed plat along with all applicable covenants and other documentation within 90 days of the execution of the plat by the Chairman of the Planning Commission and the Mayor. Filings shall be with the Seward County Register of Deeds and the State Survey Depository Record.