The purpose of this article is to assure that all subdivisions
developed in the City of Seward and its jurisdiction are adequately
furnished with necessary public services. These services include adequate
water, wastewater management, and stormwater drainage utilities; and
park and open space resources.
A.
Connection.
(1)
All installations shall be properly connected to an approved
and functioning community water system, constructed in conformance
with the applicable design standards of the City.
(2)
All residential subdivisions inside of the corporate limits
of Seward shall be connected to an existing public water supply system
if such a system is available within 300 feet of the subdivision.
(3)
Developments with more than 15 units and located within 0.5
mile of an existing public water system must provide adequate justification
as to why they are unable to connect to such a system. For developments
with more than 15 units and located more than 0.5 mile from a public
water supply, the water supply strategy shall be considered by the
approving authorities on a case-by-case basis.
(4)
In a preexisting subdivision that is served by well and/or septic
systems that would otherwise require connection under the provisions
of this section, the Board of Adjustment may grant permission to build
on previously undeveloped lots of record, subject to compliance with
Title 124 of the Nebraska Administrative Code, satisfactory percolation
tests reviewed by the Public Works Superintendent, and other applicable
requirements.
(5)
All proposals for new water supplies, extensions, or main installation
shall be approved by the City of Seward.
B.
Capacity.
(1)
The water supply system shall be adequate to handle the necessary
flow, based on complete development of the subdivision.
(2)
The demand rates for all uses, including emergency fire demand,
shall be included in the computation of total water demand.
(4)
Hydrants shall be spaced for necessary fire flow and provided
with adequate means of drainage as approved by the Public Works Superintendent
and Fire Chief. All mains serving hydrants shall be at least eight
inches in diameter, should be looping mains, and should have appropriate
state approvals. All fire hydrant leads shall be a minimum of six
inches in diameter.
(5)
Installation of water systems shall conform to current design
standards in use within the City of Seward, as set forth by the Subdivision
Design Manual.
(6)
A certification from a registered professional engineer shall
be filed with the City of Seward certifying that the water supply
system of the subdivision is designed and constructed in accordance
with the requirements of this section; and all applicable standards
of the State of Nebraska. This certification shall be affixed to an
accurate set of "as-built" system plans. The subdivision's engineer
shall furnish five sets of as-built drawings and one electronic file
compatible with the current version of AutoCAD®.
(7)
All state requirements shall be met and approvals from the Department
of Health and Human Services Regulations and Licensure Division shall
be obtained for all water systems.
C.
Private or community well systems. If the development does not meet
the required criteria for connection to a public water system or for
reasons of topography, economic feasibility, or other special condition
proposes water service by a community and/or private well, the developer
shall request a variance according to the following provisions:
(1)
The developer shall submit with the preliminary plat application
an economic feasibility study report and an environmental impact study
report, prepared by a professional engineer, which document the cost
of providing City water service to the subdivision versus the cost
of the proposed well system.
(2)
If a well system is approved by the City with the preliminary
plat approval, the system shall be designed and built in accordance
with regulations of the Public Works Superintendent and the Nebraska
Department of Health and Human Services Regulations and Licensure
Division. Both agencies shall approve its construction before the
City issues certificates of occupancy for any buildings in the subdivision.
(3)
If a public water supply system is proposed to be provided to
an area within a ten-year period from the time of platting, as indicated
in an officially adopted document of the City or other authorized
agency, the City may require installation of a capped system or dry
lines. Alternately, the City may require a payment in lieu of the
improvement, to be credited toward the extension and connection of
the subdivision to a future public water supply.
(4)
City approval to install a community and/or private well system
shall be allowed, subject to the following additional provisions:
(a)
The system, including all distribution lines, hydrants, valves,
and appurtenances, shall conform to current design standards in use
within the City of Seward and shall remain the property of the developer
and/or homeowners' association.
(b)
The developer and all successive lot owners shall agree to connect
to the City water system if installed to the subdivision. Such connection
shall not be required for 10 years after the date of construction
of the initial well system.
(c)
With connection to the City water system, all existing lot owners
shall be required to disconnect from and abandon the preexisting well
system in conformance with all local and state standards and shall
share equally in the cost of such disconnection. Disconnection and
abandonment shall be completed within six months after connection
to the City water system.
A.
Connection.
(1)
All installations shall be properly connected to an approved
and functioning sanitary sewer system prior to issuance of a certificate
of occupancy.
(2)
All residential subdivisions inside of the corporate limits
of Seward shall be connected to an existing public sanitary sewer
system if such a system is available within 300 feet of the subdivision.
(a)
Developments with more than 15 units and located within 0.5
mile of an existing public sanitary sewer system must provide adequate
justification as to why they are unable to connect to such a system.
For developments with more than 15 units and located more than 0.5
mile from a public sanitary sewer system, the waste disposal strategy
shall be considered by the approving authorities on a case-by-case
basis.
(b)
In a preexisting subdivision that is served by well and/or septic
systems that would otherwise require connection under the provisions
of this section, the Board of Adjustment may grant permission to build
on previously undeveloped lots of record, subject to compliance with
Title 124 of the Nebraska Administrative Code, satisfactory percolation
tests reviewed by the Public Works Superintendent, and other applicable
requirements.
(3)
If the City creates a benefit fund for the purpose of financing
public extensions of sanitary interceptor sewers to newly developing
areas, each subdivision to be benefited by such extensions shall contribute
to such a fund. Subdivisions within the City limits of Seward at the
time of platting, or subdivisions currently served by existing sanitary
sewer service, shall be exempt from this requirement. Contributions
to the fund shall be computed on the basis of proportionate costs
and benefits of necessary extensions. Assessments shall be made on
a per-lot basis for single-family development; a per-unit basis for
multifamily residential development; and a site-area basis for nonresidential
development.
(4)
All proposals for new public sanitary sewer systems or extensions
of existing systems shall be approved by appropriate public agencies.
(5)
All state requirements shall be met and approvals from the Department
of Environmental Quality or other appropriate state agencies shall
be obtained for all wastewater disposal systems.
B.
Capacity.
(1)
The sanitary sewer system shall be adequate to handle the necessary
flow, based on complete development of the subdivision, including
peak flows.
(2)
Installation of sanitary sewer systems shall conform to current
design standards in use within the City of Seward as set forth by
the Subdivision Design Manual.
(3)
A certification from a registered professional engineer shall
be filed with the City of Seward certifying that the sanitary sewer
system of the subdivision is designed and constructed in accordance
with the requirements of this section; and all applicable standards
of the State of Nebraska. This certification shall be affixed to an
accurate set of "as-built" system plans. The subdivision's engineer
shall furnish five sets of as-built drawings and one electronic file
compatible with the current version of AutoCAD®.
C.
Private wastewater disposal systems. If the development does not
meet the required criteria for connection to a public sanitary sewer
system and gravity sewer service connections, or if, for reasons of
topography, economic feasibility, or other special conditions, the
developer proposes service by a private wastewater disposal system,
the developer shall request a variance according the following provisions:
(1)
Subsurface or septic systems are not permissible on any lot
created after the effective date of this chapter if the gross density
of the subdivision is higher than one unit per 70,000 square feet;
if individual lots are smaller than one acre; or in any urban subdivision.
(2)
The developer shall submit with the preliminary plat application
an economic feasibility study report and an environmental impact study
report, prepared by a professional engineer, which document the cost
of providing City sewer service to the subdivision versus the cost
of the proposed private disposal system.
(3)
The preliminary and final plat shall indicate the envelope for
home sites on each lot. Percolation tests must be done on areas outside
the envelopes of home sites. The preliminary plat application shall
also show the location of wells and septic fields for each lot and/or
for the subdivision as a whole, and shall submit percolation tests
for each lot, taken at the proposed adsorption field sites to determine
the size of the field required for each lot.
(4)
The City shall consider all these submittals in determining
whether to permit installation of private wastewater disposal systems
for the subdivision.
(5)
If a private wastewater disposal system is approved by the City
with the preliminary plat approval, the system shall be designed and
built in accordance with regulations of the Nebraska Department of
Environmental Quality and the City of Seward's Subdivision Design
Manual. The developer's professional engineer shall furnish the City
with five certified copies of as-built plans and one electronic copy
compatible with AutoCAD® showing service
line locations and final sewer and maintenance access locations, lengths,
elevations, and grades.
(6)
If a sanitary sewer system is to be provided to an area within
a ten-year period, as indicated in an officially adopted document
of the City, the county, or other authorized agency, the City may
require installation of a capped system or dry lines. Alternately,
the City may require a payment in lieu of the improvement, to be credited
toward the extension to the subdivision of a future sanitary sewer
system.[2]
(7)
City approval to install a community and/or private wastewater
disposal system shall be allowed, subject to the following additional
provisions:
(a)
The system, including all sewer mains and appurtenances, shall
conform to current design standards in use within the City of Seward
and shall remain the property of the developer and/or homeowners'
Association.
(b)
The developer and all successive lot owners shall agree to connect
to the City sanitary sewer system if installed to the corner of their
lot. Such connection shall not be required for 10 years after the
date of construction of the initial wastewater system.
(c)
With connection to the City sanitary sewer system, all existing
lot owners shall be required to disconnect from and abandon the preexisting
well system in conformance with all local and state standards and
shall share equally in the cost of such disconnection. Disconnection
and abandonment shall be completed within six months after connection
to the City sewer system.
A.
Design.
(2)
The design of the stormwater management system shall be consistent
with general and specific concerns and standards of the Comprehensive
Development Plan and the drainage control programs of applicable public
agencies. Design shall be based on environmentally sound site planning
and engineering techniques and the City of Seward Stormwater Design
Standards.
(3)
To the maximum degree possible, drainage from subdivisions shall
conform to natural contours of land and not disturb preexisting drainageways.
(4)
Adjacent properties shall not be unduly burdened with surface
water from the subdivision. Specifically:
(a)
There may be no unreasonable impediment of water from higher
adjacent properties across the subdivision, causing damage to lower
properties.
(b)
No action shall unreasonably collect and channel stormwater
onto lower properties. The volume or rate of post-development runoff
shall not exceed the amount of pre-development runoff, and is to be
managed in a manner consistent with Nebraska statutes and existing
case law regarding such flows.
(5)
Design shall use the best available technology to minimize off-site
runoff, encourage natural filtration, simulate natural drainage, and
minimize discharge of pollutants. Best available technology may include
retention basins, swales, porous paving, and terracing.
(6)
No surface water may be channeled into a sanitary sewer system.
(7)
Where possible, a subdivision's drainage system shall coordinate
with that of surrounding properties or streets.
(8)
All stormwater design shall be reviewed and approved by the
Public Works Superintendent. The preliminary plat submission must
include preliminary drainage computations and demonstrations that
the proposed stormwater management system meets the requirements of
this section. A certification from a registered professional engineer
shall be filed with the City of Seward certifying that the stormwater
management system of the subdivision is designed and constructed in
accordance with the requirements of this section; and all applicable
standards of the State of Nebraska. This certification shall be affixed
to an accurate set of "as-built" system plans.
B.
Erosion control. With the submission of the preliminary plat, the
subdivider shall submit an erosion control plan, prepared and certified
by a licensed professional engineer, for any land-disturbing activity.
All grading activities must be carried out consistent with this approved
erosion control plan.
C.
Seeding. The area of the plat, with the exception of street rights-of-way,
on which existing vegetation has been destroyed as a result of grading
shall be seeded with a seeding formula as approved by the City during
the first growing season immediately following the completion of grading
operations.
A.
Purpose.
In order to serve the educational and recreational needs of new residents
within the subdivision and promote the public health, welfare, community
character and property values, residential subdividers are required
to donate resources to make improvements to the City of Seward's parks
system as a condition of subdivision approval.
B.
Park
reservations.
(1)
General requirements.
(a)
The amount of park facilities for new residents is partly based
on data and policy in the adopted City of Seward Comprehensive Plan.
The plans reflect a local adaptation of standards of the National
Recreation and Park Association (NRPA). The Comprehensive Plan is
the result of a system-wide technical analysis and citizen participatory
planning process, which identified near-term and long-range needs
for the local parks system.
(b)
Given these findings, the City of Seward has determined the
following:
[1]
Neighborhood park dedication. The City of Seward's
standard for neighborhood park service is two acres per 1,000 people.
Consistent with this standard and the Comprehensive Development Plan,
a subdivision shall dedicate for a neighborhood park up to 0.006 acre
per single-family detached dwelling unit and 0.004 acre per unit for
other types of housing. Alternately, the subdivider shall pay a fee
equivalent to the cost of 0.006 acre per single-family detached dwelling
unit and 0.004 acre per unit for other types of housing, to be used
specifically by the City for the acquisition and development of park
and recreational facilities which directly benefit the subdivision.
[2]
Location. Land donated for new parks shall be located
based generally on the City's Comprehensive Development Plan and Official
Map and shall specifically consider the design of each development
and natural features present. The amount of land required shall not
include wetlands, floodways, floodplains or stormwater detention facilities.
(2)
Park donation substitutes. If parkland would be more appropriately
located off-site, the City Council may agree to accept cash in lieu
of land from a residential subdivider. The amount of land required
from a residential subdivider may be reduced depending on the amount
of the improved land, up to two acres established as a private park
by the subdivider, provided that such land is determined to be of
equivalent value and available by right to all residents of the development.
The subdivider shall present evidence, through physical design and
legal documentation, that the private facility shall be equally available
to all residents of the development.
(3)
Criteria for requiring a contribution of cash in lieu of park
and recreation land.
(a)
General requirements. Where the subdivision is small and the
resulting site is too small to be practical or when the available
land is inappropriate for parks and recreation land use, or when land
for a park and recreation use cannot be made contiguous to land dedication
for a school site, the City Council shall determine whether the subdivider
shall be required to pay a cash contribution in lieu of the required
land donation.
(b)
Park accounting trust and use of fees. The cash contributions
in lieu of land for parks and recreation use shall be held in trust
by the City of Seward for expenditure by the City as determined by
the City Council. Such cash contributions shall be used solely for
the acquisition of land for parks and recreation that will be available
to serve the immediate or future needs of the residents of the subdivision
or development, or for the improvement of recreation facilities and
other parks already existing which will benefit the subdivision.
C.
Topography
and grading. The slope, topography and geology of the dedicated site
and its surroundings must be suitable for its intended purposes. A
subdivider shall allow the City to have access to the proposed sites
for the purpose of conducting soil boring tests.
D.
Timing
and conveyance. Unless otherwise determined through a subdivision
agreement, a subdivider shall convey to the City (or such other governmental
body, corporation or such owner as determined by the City) the land
required under this section at the time of final approval by the City
Council of the subdivision or resubdivision plat or final development
plan, by the delivery of the following documents:
(1)
A good and sufficient trustee's or warranty deed conveying fee
simple title free and clear of all liens and encumbrances (except
liens or encumbrances dischargeable by cash accompanying said deed),
except for current real estate taxes.
(2)
A deposit of money equal to 100% of the most ascertainable taxes
for the year, pro-rated to the date that the deed is delivered.
(3)
A plat of survey containing thereon the legal description of
the property to be conveyed and any other matters which may be required
by the City Administrator, as advised by the Zoning Administrator,
City Attorney, and the consulting Public Works Superintendent.
E.
Timing
of payment. Cash contributions required under this section shall be
paid as follows:
(1)
Fees paid prior to final plat.
(a)
Unless otherwise provided by the terms of a developer agreement
entered into between the City and the subdivider, all fees required
pursuant to this section, including fees arising from the development
of land located in the City's two-mile planning jurisdiction that
may be subject to an intergovernmental agreement, shall be due and
owing prior to the final plat approval by the City Council.
(b)
However, if the subdivider's lands are the subject of an annexation
agreement, payment shall be made at the times and in the manner provided
in said annexation agreement.
(2)
Procedures for fee collection and administration. It shall be
the duty of the City Clerk, or other official designated by the City
Council, to establish regulations and procedures for the collection
and administration of the cash contributions required under this section.
F.
Development
agreements.
(1)
Development agreements may establish time and manner of compliance. The City may enter into a development agreement with any subdivider that sets forth the time and manner of compliance with the terms of this section and implementation of any other provisions of these regulations. Such development agreements may be included as part of the subdivision agreement required for subdivisions subject to the provisions of § 410-42.4.
(2)
Prior development agreements.
(a)
If any development agreement has previously been entered into
between the City and a subdivider, and that agreement remains in full
force and effect, the provisions of that agreement shall control,
and this section shall have no force and effect, provided that the
subdivider complies with the terms of such agreement. However, if
such subdivider is not complying with the terms of that agreement,
then the provisions of this section shall apply and the City shall
utilize the criteria set forth herein to determine the appropriate
exaction amount, less credits, if any.
(b)
Further, if the development contemplated by a subdivider has
either increased in number of units or has otherwise increased the
demand for park and recreation facilities, then the developer agreement
previously entered into between the subdivider and the City shall
be amended and the subdivider shall provide additional land, or a
pro-rata fee, based on the provisions of this section, less credits,
if any.
A.
Utility easements.
(1)
Urban subdivisions. Easements for utilities shall be provided
for in the subdivision dedication allowing for the construction, maintenance,
repair, and replacement of utilities. Such easements shall be at least
15 feet in width, centered on the lot lines, and 10 feet in width
along the rear property line where not adjacent to additional lots,
and shall be provided along:
(2)
Easements of greater width may be required along lot lines or
across lots. Easements of lesser width may be approved if accepted
by utility providers. Easements shall connect with easements on adjoining
properties.
(3)
Easements shall be approved in writing by any appropriate public
or private utility provider intending to use such easement for their
facilities. Such approval shall be submitted prior to final plat approval.
(4)
Rural subdivisions. Easements for utilities shall be placed
within street rights-of-way, without requirements for additional utility
easements.
B.
Drainage easements. Where a subdivision is crossed by a watercourse,
drainageway, channel, or stream, a stormwater easement or drainage
right-of-way shall be provided. It shall correspond generally with
the extent of such watercourse, together with any additional construction
or expansion necessary to allow it to conduct stormwater adequately.
Easements shall extend not less than 20 feet on each side from the
center line of the waterway. The total width of any easement shall
be sufficient to cover the one-hundred-year floodplain calculated
for a fully developed upstream drainage basin. Parallel streets or
parkways may be utilized to preserve such drainageways.
C.
Setback requirements for structures adjacent to creeks and drainageways.
(1)
In addition to other applicable provisions of City ordinances,
no persons shall be granted a permit for the construction of any structure,
exclusive of fences, bank stabilization structures, poles signs, and
non-related parking areas adjacent to any creek or stream unless such
structure is located so that no portion whereof is any closer to the
stream than will allow a maximum 3:1 slope between the water's edge
(during normal flow conditions) of the stream and the closest point
of the structure at-grade.
(2)
An exemption from the provisions of Subsection C(1) above may be granted if all of the following conditions are met and required certification is filed with the City of Seward:
(a)
Certification by a registered professional engineer or architect
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
lateral support so that no portion of the structure adjacent to the
stream will be endangered by erosion or lack of lateral support.
(b)
Certification shall be affixed to an accurate set of "as-built"
construction plans for the structure, as well as "as-built" plans
of depicting any bank stabilization or slope protection measures or
structures.
(c)
In the event that the structure is adjacent to any stream that
has been channelized or otherwise improved by any agency of government,
then such certification providing this exemption must take the form
of a certification as to the adequacy and protection of the improvements
installed by such governmental unit.
D.
Other easements. The subdivision shall provide easements for other
public utilities that cross through it, in a form acceptable to the
City or appropriate public agency.
Before final plat approval is granted to the subdivision, dedications
to public use of all streets, alleys, other public rights-of-way,
or other parks and public lands shall be completed as required by
this chapter.
