The purpose of this article is to provide flexible design alternatives in order to assure that subdivisions in the Seward area create functional and attractive environments, minimize adverse effects, become assets to the City's urban and natural setting, and adapt to their specific situation. This article defines specific types of subdivisions that have varying design characteristics, applicable to various settings within the City of Seward and jurisdiction. It outlines specific design criteria that should be incorporated into the concepts of various types of subdivisions.
A. 
Consideration of plans. The design of developments shall consider all existing local and regional plans for Seward and its jurisdiction. These include the Comprehensive Development Plan for the City of Seward.
B. 
Grading plan required.
(1) 
A grading plan is required for erosion and sediment control on all construction sites greater than five acres in size. Prior to grading or site-disturbing activity, the developer shall apply to the Building Department for a grading permit. The application for a grading permit shall include:
(a) 
A location map showing the location and extent of grading activity.
(b) 
A sediment and erosion control plan.
(2) 
After submission of a complete application for a grading permit, the Zoning Administrator shall review the application. As part of the review, the Zoning Administrator shall circulate the petition to any agency with statutory authority for the management of drainageways and stormwater management.
(3) 
A grading permit shall be issued within 10 working days if the Zoning Administrator has received assurances from applicable state agencies that the sediment and erosion control plan is compatible with statute, and further that it is compatible with the objectives and policies of the City's Comprehensive Development Plan and Unified Land Development Ordinance. If the submitted sediment and erosion control plan is deemed inadequate, the applicant will be given a list of mitigation measures that must be included to ensure conformance. The Zoning Administrator shall issue a grading permit to the applicant upon certification that mitigation measures will be taken as prescribed, consistent with applicable state and federal regulations regarding soil and sediment erosion, and environmental water quality.
C. 
National Pollutant Discharge Elimination System stormwater permit. The subdivider shall obtain coverage under the general National Pollutant Discharge Elimination System (NPDES) Permit (Number NER 100000) for stormwater discharge. A copy of the general permit is available at the office of the Public Works Superintendent. The subdivider shall apply for authorization to discharge by submitting a notice of intent (NOI) using Form CSW-NOI. The subdivider shall comply with the terms and conditions of the general permit. A copy of the NOI shall be submitted to the Public Works Superintendent along with the agreement prior to the beginning of any construction activities. This item shall be considered incidental to the project and shall not be subject to a separate fee.
D. 
Preservation of natural features and drainage patterns.
(1) 
To the maximum extent possible, development shall be located to preserve natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impact and alteration of natural features and drainage patterns.
(2) 
The subdivider shall give maximum consideration to the preservation of the following areas as open space, to the extent consistent with reasonable utilization of land:
(a) 
Wetlands and other unique environmental areas, as defined in Section 404 of the Federal Water Pollution Control Act of 1972 and delineated on wetlands maps prepared by the United States Fish and Wildlife Service. Construction and fill activity shall be prohibited on wetlands in excess of one acre in size. Development and fill upon wetlands smaller than one acre in size should be avoided whenever possible, but regulated by permit authority of applicable state and federal agencies.
(b) 
Significant stands or mature specimens of trees shall be designated by required tree surveys.
[1] 
Nonresidential and attached residential. No tree taller than 20 feet or larger than 12 inches in diameter (measured six inches above the ground) shall be removed except when approved by the Zoning Administrator or his/her designee. Trees removed subject to City approval shall be replaced as noted in Table 39A. The owner of a site with natural landscaping that is unhealthful (for example, spaced too closely) may be permitted to plant replacement trees in the parkway or elsewhere in the City, if approved by the Zoning Administrator.
Table 39A
Tree Replacement Schedule
Diameter of Removed Tree
(inches)
Number of Replacement Trees
12 to 25
4 trees at 2" or 2 trees at 4"
26 or greater
6 trees at 2" or 3 trees at 4"
[2] 
Single-family residential. Placement of the building must avoid trees taller than 20 feet or larger than 12 inches in diameter, measured 54 inches above the ground. Any such tree removed or damaged shall be replaced by a species compatible with existing trees, on a one-to-one basis. The number of replacement trees will be limited by what can be reasonably accommodated within the available lot area.
(c) 
Floodplain lands, other than areas that have already experienced substantial development.
(d) 
Slopes in excess of 15% as measured over a ten-foot interval. Development on slopes over 15% may be permitted only if an erosion and slope stabilization plan is submitted and approved with the development and if appropriate measures are taken in compliance with this approved plan. The City may, at its discretion, require the review and certification of such a plan by a licensed professional engineer.
(e) 
Habitats of endangered species. Development shall avoid fill or disturbance of habitat sites as identified on federal or state lists administered by the United States Fish and Wildlife Service of the United States Department of the Interior, and applicable state environmental regulatory agencies. Developers are encouraged to preserve habitat areas as a connected open space consistent with the parks and greenways system designated in the Seward Comprehensive Development Plan.
E. 
General guidelines for subdivision layout. Subdivisions shall be designed to comply with the following overall performance objectives:
(1) 
Avoidance of adverse effects on groundwater and aquifer recharge.
(2) 
Reduction and minimizing of cut and fill.
(3) 
Avoidance or reduction of unnecessary impervious surfaces.
(4) 
Prevention of flooding and encroachment of water onto other properties.
(5) 
Provision of adequate access to lots, including alternative routes to lots and sites within the subdivision and minimizing of culs-de-sac over 600 feet.
(6) 
Mitigation of negative environmental effects on surrounding properties, including effects of shadow, noise, odor, traffic, drainage, and utilities.
(7) 
Respect for the urban character and traditional layout of Seward, including providing continuity to established street and community facility networks; establishing linkages and connections between new development and existing parts of the City; and preserving historically and architecturally significant sites and buildings, determined as those sites or districts either listed on or determined to be eligible for listing on the National Register of Historic Places, as determined by the State Historic Preservation Officer.
(8) 
Dedication of arterial, collector, and key local streets on the general alignments specified in the Comprehensive Development Plan.
F. 
Site design objectives and approval. The Planning Commission and City Council shall take the above site design objectives into account during their review and approval of subdivision applications.