[Editor's Note: Prior ordinance history includes portions of Ordinance No. 909]
[Ord. No. 1137, 6-17-2008]
The purpose by which land is subdivided into blocks and lots is a matter of great mutual concern to the subdivision developer and the City. The street pattern, the size of lots and the utilities installed usually become permanent features of the community for all time so that mistakes in subdivision development may cause great financial loss to the developer and continual excessive maintenance expense to the City.
It is the intent and purpose of this chapter to regulate the subdivision of land so as to obtain functional street layouts, so as to provide adequate sized lots which are in conformity with the highest and best use of the land, so as to provide for adequate open spaces for traffic, schools, recreation and air, so as to ensure the installation of adequate sized utilities and adequately improved streets, and so as to provide for other features of the master plan, all to the end that the development of land may proceed in an orderly manner, good livable neighborhoods with all of the needed community facilities may be created and excessive City maintenance expense may be avoided.
Every owner of any lot, tract, or parcel of land within the City who may hereafter subdivide the same into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development shall submit a subdivision plat to the City Planning Department in accordance with this chapter and comply with all other provisions of this chapter.
[Ord. No. 1137, 6-17-2008]
For the purpose of this chapter, certain terms used herein are defined as follows:
ALLEY
Shall mean a public right-of-way which is used primarily as a secondary means of access to the abutting property.
BLOCK
Shall mean a tract or parcel of land bounded by public streets or lands, streams, railroads, unplatted lands or a combination thereof.
CLUSTER
Shall mean a development design technique that concentrates buildings within a subdivision to allow remaining land to be used for common area or the preservation of historical or environmentally sensitive features.
CLUSTER LOT
Shall mean a lot which does not necessarily front on a public street, but as part of a cluster subdivision fronts on either a public street or an approved private way or court.
CLUSTER SUBDIVISION
Shall mean a subdivision that permits a reduction in lot area, setback or other site development standards.
COMMON AREA
Shall mean an area held, designed and designated for open space or cooperative use benefitting all properties within a development.
COURT
Shall mean an approved private right-of-way which provides access to residential properties and meets at least three of the following conditions:
(a) 
Serves 12 or fewer units or platted lots.
(b) 
Does not function as a local street because of its alignment, design or location.
(c) 
Is completely internal to a development.
(d) 
Does not exceed 600 feet in length.
CUL-DE-SAC
Shall mean a street or private way having one end connecting with a public street or private way and being terminated at its other end by a vehicular turnaround.
LOT
Shall mean a portion of a subdivision or other parcel of platted land, intended as a unit for transfer of ownership or for development.
LOT OF RECORD
Shall mean a tract of land described as an integral portion of a subdivision plat which is properly recorded in the County Register of Deeds office.
MASTER PLAN
Shall mean a comprehensive general plan for the improvement and development of the City and adjoining areas as adopted by the Planning Commission and Council in July, 1993 and as amended from time to time.
OUTLOT
Shall mean a portion of a subdivision intended and reserved, as a unit, for public purposes or private common area that has restrictions for transfer of ownership and building development which are designated by the subdivider at the time of filing of the initial plat.
PLANNING DEPARTMENT
Shall mean a division of the municipal government of the City consisting of a Planning Commission, the City Building Official, the City Engineer, the City Attorney and required employees.
PLANNING SUBCOMMITTEE
Shall mean a subcommittee of the Planning Department, consisting of the City Building Official, the City Engineer, the City Attorney and required employees.
PLAT
Shall mean a map, drawing or chart on which the subdivider's plan of the subdivision is presented and which he submits for approval and which will be recorded in final form.
PLAT, MINOR
Shall mean the subdivision of a lot, tract, parcel, or group of lots by replat when no public street, sanitary sewer or storm sewer improvements would be required.
PRIVATE WAY
Shall mean an approved private right-of-way which provides primary access to one or more properties along its continuous length and is not otherwise defined as a court.
STREET
Shall mean a right-of-way, dedicated to public use, which affords a primary means of access to the abutting property.
STREET, COLLECTOR
Shall mean a street that connects local streets to the major street system, generally serving residential neighborhoods or commercial or industrial areas, with direct access to abutting land uses. Traffic demands are generally in the range of 2,000 to 10,000 vehicles per day.
STREET, LOCAL
Shall mean a street which is used primarily for access to the abutting properties.
STREET, MAJOR
Shall mean a street intended to serve large volumes of traffic for both the municipal and metropolitan area of the City, as defined below:
(a) 
ARTERIALS AND EXPRESSWAYSShall mean streets designed to provide continuity between inter- and intraregional traffic generally serving major centers of activity, with service to abutting land uses secondary to the provision of travel service. Traffic demands are generally in excess of 15,000 vehicles per day.
(b) 
MINOR ARTERIALShall mean a street that interconnects with and augments the arterial and expressway system and provides service to trips of moderate length and generally distributes traffic to geographic areas smaller than those served by the arterial and expressway system, with emphasis on service to abutting land uses. Traffic demands are generally in the range of 5,000 to 15,000 vehicles per day.
STREET, MARGINAL ACCESS
Shall mean a local street or frontage road which is approximately parallel to and adjacent to or part of a major street and provides access to the abutting properties and protection from through traffic.
SUBDIVIDER
Shall mean a natural person, firm, copartnership, association or corporation who submits a proposed subdivision to the Planning Department.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development.
WATERCOURSE, DRAINAGE WAY, CHANNEL OR STREAM
Shall mean a natural or man-made depression in which a current of surface runoff water flows following precipitation.
[Ord. No. 1137, 6-17-2008]
Not less than 45 days before a Planning Commission hearing the subdivider shall submit to the Planning Department plans and data in sketch form showing his ideas and intentions in the platting of the proposed subdivision. The sketch plan shall include:
1. 
A proposed layout of streets, lots and other features in relation to existing streets, utilities, topography and other conditions.
2. 
A general location map showing the proposed subdivision and its relationship to existing abutting subdivisions and community facilities in the area, such as streets, alleys, schools, parks, commercial areas and other data supplementing the plans which outline or describe all of the proposed development as it relates to existing conditions. These pre-application plans shall not require a formal application or fee. After discussion with the subdivider and review of the data the Planning Subcommittee shall consult with the Public Works and Parks Directors and, within 10 days, inform the subdivider whether:
a. 
The proposal meets the requirements of the regulations;
b. 
There are any inconsistencies with the objectives of the master plan;
c. 
The proposal can be submitted as a minor plat; and
d. 
It is appropriate to request any waivers of the submittal documents, design standards or public improvements.
[Ord. No. 1137, 6-17-2008]
1. 
Following the pre-application review on the proposed subdivision, as provided in section 12-105, the subdivider may prepare and submit a preliminary plat to the planning department. A preliminary plat, together with an application form and receipt for the platting fee, will be accepted for processing when all required information listed in Subsections 2a through c below, and any other necessary supplementary information required by this chapter, is provided.
2. 
Twenty-four copies of the preliminary plat, on an engineer's scale of not less than one inch equals 100 feet, shall contain or be supplemented by the following information:
a. 
Plat Identification.
(1) 
Proposed name of the subdivision, which shall not duplicate previously filed plat names.
(2) 
Location of boundary lines in relation to land monuments, including a legal description of the property.
(3) 
Names and addresses of the developer and engineer, and the surveyor or land planner preparing the plat.
(4) 
North point (which shall be directed to the top or right side of the plat), scale and date.
(5) 
Existing zoning on all lots within the platted area and on abutting property.
(6) 
A small-scale key or vicinity map oriented to the plat and adequately covering the area within a half-mile radius of the subdivision, showing the relation of the plat to major streets, parks, and schools.
b. 
Existing Conditions.
(1) 
Location, size and identity of existing platted streets within the proposed subdivision and within 250 feet thereof; other public ways, private ways, or courts; special purpose, railroad, or utility rights-of-way or easements; parks and other open spaces within the proposed subdivision; permanent buildings within the subdivision and within 50 feet thereof; and permanent buildings in the projected alignment of streets outside the proposed subdivision within 250 feet of the proposed subdivision.
(2) 
All existing storm sewers, culverts and other underground installations within the proposed subdivision or immediately adjacent thereto, and the location of the nearest available public utilities.
(3) 
Existing contours at no greater than five-foot intervals to portray existing grades, referred to City datum or USGS.
(4) 
The locations of watercourses, bridges, wooded areas and such other topographic features as may be pertinent to the subdivision.
c. 
Proposed Improvements.
(1) 
The location and width of proposed pedestrian ways, easements and rights-of-way for streets, roadways, private ways, courts and alleys.
(2) 
The general location, size and character of proposed sanitary sewer facilities and storm drainage, including sanitary and storm drainage computations when required by the City Engineer.
(3) 
Description of proposed utility systems (gas, water, electricity), with a statement of estimated cost compiled from an engineer's computation and consultation with the public utility having jurisdiction.
(4) 
Layout, numbers and approximate dimensions of lots. Such numbers shall be carried forward to the final plat or any phased final plat.
(5) 
Location and size of any proposed school sites, parks, or other public lands to be considered for sale or dedication to public use. In those cases when schools, parks or public lands are specifically identified in the City Master Plan, consideration may be given to such proposed uses in the proposed plat.
(6) 
Three copies of tentative center line profiles showing the existing street and/or private way grades and proposed approximate grades of all streets and private ways.
(7) 
A proposed grading plan, including provisions for erosion and sediment control, with contours at not greater than five-foot intervals.
d. 
Supplemental Information.
(1) 
A traffic impact analysis may be required at the discretion of the City Engineer. It shall be prepared by a licensed professional engineer experienced in transportation engineering and shall conform to the guidelines on file in the public works office.
(2) 
If the project is to be phased, a phasing schedule for both construction and costs.
(3) 
Financial data showing the source and use of funds to cover the cost of public improvements, including a tentative schedule for the expenditure of funds. This will be used for determining cost feasibility based on financial criteria established by the Finance Department.
(4) 
Three copies of proposed covenants, if a homeowner's association is to be formed, for the control and maintenance of common facilities or land.
(5) 
A statement of any proposed exceptions to the language of the standard form subdivision or development agreement.
(6) 
A zoning plan showing proposed zoning on each lot and parcel in the subdivision.
(7) 
A statement of estimated cost and financial assumptions for any possible S.I.D. connection fees.
3. 
The Planning Department shall transmit copies of the preliminary plat for review and comment to the Public Works Department; the Parks, Recreation and Public Property Department; the Finance Department; the Police Department and the Fire Department; the City-County Health Department; the County Engineer; each company or agency furnishing water, electric, telephone, gas or cable television service; school districts; and such other official body, company or agency as may be directed by the Planning Commission.
4. 
The preliminary plat, with the Planning Subcommittee's recommendation and the recommendation of the City Engineer, the Finance Director, and the Parks, Recreation and Public Property Director, shall be submitted to the Planning Commission for its consideration.
5. 
The Planning Commission shall hold a public hearing on the preliminary plat, and thereafter may approve the preliminary plat. Such approval may include conditions or recommendations to waive provisions of this chapter. The Planning Commission may waive the procedural requirements of this chapter in order to allow consideration of a revised preliminary plat.
6. 
The Planning Commission shall transmit its recommendation for approval, including its comments, conditions and modifications, to the City Council. The City Council shall hold a public hearing on the preliminary plat to consider a resolution accepting the plat and authorizing the preparation of the final plat. Acceptance of the preliminary plat shall be tentative and not constitute final acceptance of the plat for filing or transfer of ownership.
7. 
All preliminary plats shall become void two years after City Council acceptance. Revised preliminary plats may be required prior to that time if, in the opinion of the Planning Subcommittee, adopted changes to this chapter would affect the plat.
8. 
Preliminary and final plats may be reviewed and processed concurrently as minor subdivisions if all requirements for both plats have been satisfied prior to forwarding to the City Council for approval. The Planning Subcommittee may waive the requirements for existing and proposed contours, streets and sewers, and the grading plan, on the preliminary plat application if no site preparation work is necessary before building development.
[Ord. No. 1137, 6-17-2008]
1. 
After approval of the preliminary plat, the subdivider may prepare and submit to the Planning Department a final plat signed by a registered land surveyor for recording purposes. The final plat must:
a. 
Conform substantially to the preliminary plat as approved.
b. 
Comply with applicable City ordinances and regulations.
c. 
Be a record of the subdivision as surveyed in the field, showing property lines and other dimensions necessary for selling lots to the public, keeping records of street lines, and establishing easements and utility locations.
2. 
The final plat must be submitted with an application and include the following supplemental material:
a. 
Three copies of any private restrictions or covenants to be filed with the plat.
b. 
An original and eight copies of the subdivision or development agreement, including:
(1) 
Layout drawings of the proposed streets and storm drainage system showing the drainage structures, culverts, and such other information, as necessary, to show disposition of surface water.
(2) 
Layout of proposed sanitary sewers, as provided in § 12-109(5).
(3) 
Layout of permanent and temporary erosion and sediment control structures.
c. 
Proposed sanitary and improvement district boundary lines.
d. 
Sixteen copies of the final plat as follows: the original and four mylar reproducible prints, which shall bear the original signatures on the required certificates, and 12 unsigned paper prints.
e. 
Financial data showing the source, use, and expenditure schedule for funds sufficient to pay the cost of public improvements. Such data shall be sufficiently complete to allow the City Treasurer to determine the proposed ratio of public debt to the real estate tax base for the subdivision.
3. 
The plat shall show or be supplemented by the following information:
a. 
Name of subdivision, north point, scale, and names of owner and surveyor or engineer.
b. 
Location by section, township, range, county and state, including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions. The allowable error of closure on any portion of a final plat shall be one foot in 5,000.
c. 
The exact location and layout of lots, streets, alleys, private ways and courts, and other public ground, with accurate dimensions in feet and decimals of feet, interior angles, length of radii and/or arcs of all curves, and all other information necessary to reproduce the plat on the ground, together with the names of the streets, private ways or courts.
d. 
Location, use and width of all required easements.
e. 
Location and description of monuments.
4. 
The plat must contain the following certifications:
a. 
A certificate signed by a registered land surveyor, which contains the legal description of the land included in the plat and all necessary explanations of dimensions and references to monuments to supplement the figures on the plat itself. Said certificates shall state that a ground survey has been made and that either the monuments have been placed as shown on the plat or that the bond required by § 12-109(1) has been duly furnished to the City.
b. 
A notarized certificate signed and acknowledged by all parties having any titled interest in the land subdivided, consenting to the plat, including dedication of all streets, alleys and public ways and granting easements. Upon acceptance and approval by the Council, said plat and dedication shall thereupon be equivalent to a deed in fee simple to the City from such owners and lienholders.
c. 
Certificate of plat review signed by the County Engineer.
d. 
Certificate for signature by the City Engineer approving the plat.
e. 
Certificate for the approval of the Planning Commission to be signed by the chairman.
f. 
Certificate for the approval of the City to be signed by the Mayor and attested by the City Clerk.
5. 
The Planning Subcommittee shall submit the final plat with his recommendations and the recommendations of the City Engineer to the Planning Commission for its consideration. When the Planning Commission finds that the final plat meets the criteria in Subsections 1a and c of this section, it shall approve the final plat and authorize the board chair to sign.
6. 
After review and approval by the Planning Commission, the plat shall be submitted, along with Department and Planning Commission recommendations, to the City Council for acceptance of the final plat. The City Council shall hold a public hearing on zoning and the final plat. Approval would authorize the Mayor to sign.
7. 
After the City Council approves the final plat, the following must be submitted for review and acceptance by the City Engineer:
a. 
Improvement plans, using City datum, prepared by a professional engineer registered in the State of Nebraska, for paving, sanitary and storm sewers, and other public improvements identified in the subdivision agreement, on twenty-four-inch by thirty-six-inch sheets, at a horizontal and vertical scale approved by the City Engineer.
b. 
Verification of the location and installation of all boundary and lot pins.
c. 
Payment of all required interceptor sewer fees.
d. 
Verification that the required grading necessary for public streets has been provided for.
e. 
A certificate signed by the County Treasurer stating there are no regular or special taxes due or delinquent against the property described in the plat.
8. 
The City Engineer shall certify that all improvements required by this chapter have been satisfactorily arranged for through one or a combination of the following:
a. 
All improvements have been installed and have been accepted by the City Engineer; or
b. 
A surety bond, or comparable instrument acceptable to the City Attorney, has been posted to cover the cost of all improvements; or
c. 
City street and sanitary improvement districts have been formed providing for the installation of improvements; and
d. 
Sanitary and improvement district contracts have been let covering the installation of all required improvements, except public utility improvements described in the subdivision agreement.
9. 
The subdivider shall complete installation of the required improvements, in compliance with the street surfacing, sanitary sewer, and storm drainage requirements, within two years after the final plat has been approved by the City Council. Such period may be extended by the council upon a showing by the developer that lot sales and development do not warrant such installation.
10. 
The bond or other surety shall be released upon installation of the required improvements and approval by the City Engineer. If the improvements are not completed within the specified or extended periods of time, the performance bond shall be forfeited and used by the City to complete the installation of the improvements.
11. 
The subdivider shall record the final plat with the County Register of Deeds within 30 days from the date of approval of the plat by the City Council and signature of the City Engineer.
[Ord. No. 1137, 6-17-2008]
No subdivision plat shall be approved and accepted unless it conforms to the following minimum requirements:
1. 
Unsuitable land. Land within the proposed subdivision which the planning commission finds to be unsuitable for subdividing due to flooding or bad drainage or other topographic features likely to be harmful to the safety, welfare or general health of the future residents of the proposed subdivision shall not be subdivided until the objectionable features have been eliminated or until adequate safeguards against such hazards are provided.
2. 
Streets and Alleys.
a. 
The arrangement of major streets shall conform as nearly as possible to the major street section of the comprehensive plan, with provisions for the extension of major and collector streets. Streets in the subdivision normally shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provision shall be made for future connections to adjoining unsubdivided tracts.
b. 
Local residential streets and private ways should be so planned as to discourage through traffic. Culs-de-sac are permitted where topography or other conditions justify their use. Culs-de-sac shall normally not be longer than 600 feet and shall terminate with a turnaround having a diameter of not less than 80 feet.
c. 
Where a proposed subdivision is adjacent to or contains an existing or proposed major or controlled-access thoroughfare, provisions shall be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of-way, or lots shall back up to the major street and have access only to the local street or private way or court.
d. 
Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations or where it is found to be practicable to require the dedication of the other half when adjoining property is subdivided.
e. 
Under normal conditions streets and private ways shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. More than four approaches to any intersection shall be prohibited.
f. 
Alleys shall be provided in commercial and industrial districts except where other definite and assured provision is made for service access.
g. 
Streets within the boundaries of the subdivision shall be designed and graded to the full right-of-way width.
The right-of-way widths, pavement widths (face to face of curb) and grades for streets, alleys, private ways and courts included in any subdivision shall not be less than the minimum dimensions or more than the maximum grades for each classification as shown in Table 12-108.
Table 12-108. Street Design Standards
Street Classification
Right-of-Way Width
Pavement Width Back to Back
Minimum Horizontal Curve Radius
Maximum Grade
Minimum Stopping Sight Distances
Major street
(1)
(1)
(1)
(1)
(1)
Collector street:
Industrial
50 feet to 66 feet (2) (15m - 20m)
30 feet to 50 feet (3) (9.10m-15.0m)
300 feet(90m)
8% (4)
250 feet(75m)
Commercial
50 feet to 66 feet (2) (15m-20m)
25 feet to 46 feet (3) (7.8m-13.8m)
300 feet (90m)
8% (4)
250 feet(75m)
Residential
50 feet to 60 feet (2) (15m-18m)
25 feet to 42 feet (3) (7.8m-12.6m)
300 feet (90m)
10% (4)
200 feet(60m)
Local:
Industrial
50 feet (15m)
30 feet (9.0m)
200 feet (60m)
8% (5)
200 feet (60m)
Commercial
50 feet (15m)
25 feet (7.8m)
200 feet (60m)
8% (5)
200 feet (60m)
Residential
50 feet (15m)
25 feet (7.8m)
100 feet (30m)
10% (5)
175 feet (55m)
Marginal access street
(6)
(6)
(6)
(6)
(6)
Alleys
22 feet to 30 feet (7m — 9m)
12 feet to 20 feet (7) (3.6m — 6.0m)
100 feet (30m)
10%
120 feet (40m)
Cul-de-sac street:
Industrial
50 feet (8) (15m)
30 feet (8) (9.0m)
200 feet (60m)
8%
200 feet (60m)
Commercial
50 feet (8) (15m)
25 feet (8) (7.8m)
200 feet (60m)
8%
200 feet (60m)
Residential
50 feet (8) (15m)
25 feet (8) (7.8m)
100 feet (30m)
10%
175 feet (55m)
Notes:
(1)
As directed by the City Engineer.
(2)
Varies with the width of pavement.
(3)
A minimum of two through lanes required. Width will vary depending upon number of parking lanes required.
(4)
Maximum grade within 100 feet (30 m) of intersection: 4%
(5)
Maximum grade within 50 feet (15 m) of intersection: 5%
(6)
Marginal access streets shall be classified and designed to conform with the design standards of local streets or as directed by the City Engineer.
(7)
The minimum residential width shall be 12 feet (3.6 m).
(8)
The minimum turn-around width shall be as follows:
Industrial
50.0'R (15.2m)
Commercial
42.5'R (13.0m)
Residential
37.5'R (11.5m)
The minimum right-of-way width for a turn-around shall be pavement radius plus 12.5 feet (3.5 m). Any variances from these standards which do not meet the minimum design standards as established by the board of public roads classifications and standards must receive a waiver from the board prior to construction.
3. 
Blocks. Except in unusual circumstances, the maximum length of blocks shall be 1,320 feet.
4. 
Lots.
a. 
Minimum average width of residential lots in the plat, and the minimum lot area, shall be in conformance with the zoning base district regulations. The minimum lot depth shall be 100 feet.
b. 
Corner lots for residential use shall have additional width to permit building setbacks as required by the zoning ordinance.
c. 
Side lot lines shall be approximately at right angles to straight street lines or radial to curved street lines.
d. 
Every lot shall abut and have access to a public street, approved right-of-way or court.
e. 
Double frontage lots shall be avoided except where they back upon a major street.
f. 
Setback or building lines shall be shown on all cluster subdivision lots and shall not be less than the setback required by the Ralston Zoning Code.
5. 
Easements.
a. 
Easements on rear or side lot lines shall be provided for sanitary sewers, where necessary, and shall be a total of at least 10 feet wide.
b. 
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided to the City a permanent stormwater easement or drainage right-of-way of such width as will be adequate for both water flow and maintenance operations. No other surface improvements or fill, except trails, bank stabilization, stabilization structures, poles and sign structures, shall be placed in any such easement right-of-way.
c. 
Perpetual easements shall be granted to the Omaha Public Power District and any telecommunications entity or other corporation transmitting communication signals authorized to use the City streets, to erect, operate, maintain, repair and renew poles, wires, cables, conduits, and other related facilities, and to extend thereon wires or cables for the carrying and transmission of electric current for light, heat and power and for the transmission of signals and sounds of all kinds and the reception on, over, through, under and across a five-foot-wide strip of land abutting all front and side boundary lot lines, and eight-foot-wide strip of land abutting the rear boundary lines of all interior lots, and a sixteen-foot-wide strip of land abutting the rear boundary lines of all exterior lots. The term "exterior lots" is herein defined as those lots forming the outer perimeter of the above described addition. Said sixteen-foot-wide easement will be reduced to an eight-foot-wide strip when the adjacent land is surveyed, platted and recorded. No permanent buildings or retaining walls shall be placed in the said easement ways, but the same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights herein granted.
d. 
Perpetual easements shall be granted to Metropolitan Utilities District of Omaha, and any natural gas provider, and their successors and assigns, to erect, install, operate, maintain, repair and renew pipelines, hydrants, and other related facilities, and to extend thereon pipes for the transmission of gas and water on, through, under and across a five-foot-wide strip of land abutting all cul-de-sac streets. No permanent buildings or retaining walls shall be placed in the said easement ways, but the same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights herein granted.
e. 
Where a subdivision is traversed by the Big Papillion Creek, there shall be provided to the City and the Papio-Missouri River Natural Resources District a permanent easement adequate for construction, operation and maintenance of channel and flood control improvements and public recreational trails. No other surface improvements or fill, except bank stabilization structures, poles and sign structures, shall be placed in any such easement right-of-way.
[Ord. No. 1137, 6-17-2008]
Inasmuch as the primary purpose of subdividing land is to create residential building sites or commercial or industrial building sites and inasmuch as vehicular access and certain utilities are essential to urban development, it shall be the responsibility of the subdivider, or his assigns or successors in interest to the subdivision, to install, in accordance with plans, specifications, and data approved by the City Engineer, certain required improvements as follows:
1. 
Staking. The following described monuments shall be installed before the City Engineer shall approve the plat, or in lieu thereof a performance bond in an amount equal to the cost of doing such work shall be furnished to the City before the City Engineer shall certify to the council that required improvements have been satisfactorily arranged for:
(a) 
The external boundaries and corners of blocks shall be monumented by iron rods or pipes not less than two inches in diameter and extending at least 30 inches below grade.
(b) 
Lot corners, all points of curvature, points of tangency, and other points not required to be marked by § 12-109(1)(a) shall be monumented by iron rods or pipes not less than one inch in diameter and extending at least 24 inches below grade.
2. 
Street Grading. All full-width streets and private ways located entirely within the boundary of the subdivision shall be graded to a minimum width of nine feet back of both curblines to within six inches of the grade established by the City Engineer. All major and collector streets bordering the subdivision shall be graded as above on the side of the street adjacent to the subdivision, provided the grade of the existing major or collector street unsatisfactory to the City Engineer, the street will be graded to the maximum extent possible while matching the existing street grade according to plans approved by the City Engineer. Such grading shall be completed, or in lieu thereof a performance bond in an amount equal to the cost of doing such work shall be furnished to the City before the City Engineer shall certify to the Council that required improvements have been satisfactorily arranged for.
3. 
Street Surfacing. All full-width streets and private ways located entirely within the subdivision shall be paved, including curbs and gutters, in accordance with street improvement and paving standards and regulations approved by the Council. Major and collector streets adjacent to the subdivision shall be widened one lane adjacent to the subdivision at each intersection of a subdivision street and the major or collector street. At such time as the City or the County is prepared to proceed with a major street improvement project adjacent to the subdivision, the subdivider or the sanitary and improvement district containing the subdivision will pay for one lane of paving.
4. 
Traffic Control. All traffic-control devices, including signs, signals and pavement markings required in the subdivision and at intersections of the subdivision streets and adjacent major or collector streets as determined by the City Traffic Engineer, will be installed by the subdivider.
5. 
Sanitary Sewer. Where a City sanitary sewer is accessible by gravity flow within 500 feet of the final plat, the subdivider shall connect thereto and provide adequate sewer lines and stubs to benefit each lot. Where a City sanitary sewer is not accessible by gravity flow within 500 feet of the final plat, the subdivider shall make provisions for the disposal of sewage as required by law. Where a City sanitary sewer accessible by gravity connection is not within 500 feet of the final plat, but where plans for the installation of City sanitary sewers within such proximity to the plat have been prepared and construction will commence within 12 months from the date of the approval of the plat, the subdivider shall be required to install sewers in conformity with such plans.
6. 
Storm Sewers or Drainage Ways. There shall be adequate storm sewers or drainage ways within the subdivision, subject to approval by the City Engineer as to adequacy.
7. 
Water Mains; Fire Hydrants. The subdivision shall be provided with an adequate water main supply system which shall be connected to an approved water supply system. The location of fire hydrants shall be shown on the water utility plan.
8. 
Seeding of Graded Areas. The areas of the plat on which the existing vegetation has been destroyed as a result of grading operations shall be seeded with a mulch crop, to be selected from a seed list and planted in a manner approved by the Director of Parks, Recreation and Public Property, in the first growing season immediately following the completion of the grading operations.
9. 
Sidewalks. Sidewalks shall be constructed, in accordance with sidewalk standards and regulations approved by the Council, on both sides of all streets and private ways in the plat.
10. 
Time Limitations. The subdivider shall install the required improvements in compliance with the street surfacing, sanitary sewer, storm drainage and sidewalk requirements within one year after the plat has been approved by the City Council, or he may post a performance bond or certified check in the amount of 100% of the cost of the required improvements as estimated by the City Engineer guaranteeing the installation of the improvements within three years after the plat has been approved by the City Council. The bond or certified check shall be released upon installation of the required improvements and approval thereof by the City Engineer. Such periods may be extended by the City Council upon a showing by the developer that lot sales and development do not warrant such installation. If the improvements are not completed within the specified or extended periods of time, the performance bond shall be forfeited and used by the City to complete the installation of the improvements.
11. 
Civil Defense Warning System. If the subdivision is not within audible range of an existing civil defense warning siren, a civil defense warning system siren subject to standards and regulations established by the City Civil Defense Director shall be installed.
[Ord. No. 1137, 6-17-2008]
1. 
Whenever the tract of land proposed to be subdivided is: (1) less than three acres and does not involve any dedication for street purposes; or (2) is of such unusual shape or topography; or (3) is affected by surrounding developments or unusual conditions such that the strict application of the requirements contained in this chapter would result in substantial hardships or inequities, the Council, upon recommendation of the Planning Commission and Planning Subcommittee, may vary or modify such requirements so that the subdivider is allowed to develop his property in a reasonable manner, but so, at the same time, the public welfare and interest of the City and surrounding area are protected and the general intent and spirit of these regulations is preserved.
[Ord. No. 1137, 6-17-2008; amended 4-15-2025 by Ord. No. 1341]
The intent and purpose of this section is to permit the development of creative subdivisions. This section is an entity unto itself and shall not be applied to any other section. However, all other sections of this chapter apply to creative subdivisions unless excepted by this section.
Lots shall be permitted to be clustered or grouped to allow greater flexibility in design and development of subdivisions in order to: (1) produce innovative environments, (2) provide for more efficient use of land, (3) protect topographical features, (4) permit common open space, and (5) permit private pedestrian and vehicular access.
1. 
Exceptions to Lot Requirements. The following exceptions to this chapter may be approved by the Planning Commission and the City Council when it is found that the subdivision and individual lots comply with the Ralston Zoning Code, Chapter 4, "Exceptions to Site Development Regulations for Creative Subdivisions," and all other provisions of this section.
a. 
Lot Size, Shape and Dimensions.
(1) 
Minimum average lot width and minimum lot area may be reduced below that required in the zoning base district regulations. There shall be no minimum lot depth requirement.
(2) 
There shall be no individual width requirement for corner lots and no requirement that side lot lines be approximately at right angles to straight street lines or radial to curved street lines.
b. 
Access to Public Street. Adequate permanent access must be provided from a public street, or an approved private way or court.
c. 
Double Frontage Lots. Double frontage lots may be permitted within creative subdivisions when these lots have primary access from an approved private way or court.
2. 
Maintenance of Common Areas, Private Ways and Courts. As a condition of approval, the subdivider shall submit with his final plat a declaration of covenants, conditions and restrictions providing for permanent maintenance of all proposed open space, common area or facilities, private ways and courts, and recreation areas. The covenants, conditions and restrictions, along with the subdivision agreement, shall be filed and recorded with the register of deeds.
3. 
Nondedicated Roads. Any nondedicated road constructed for motor vehicle traffic, and serving more than two lots, shall meet the following requirements:
a. 
Where primary access to a lot is from an approved private way, minimum pavement width for residential lots shall be 22 feet, minimum pavement width for nonresidential lots shall be 24 feet, and minimum private right-of-way shall be 33 feet. All other minimum design and construction standards of this chapter shall be met.
b. 
Storm drainage systems shall be designed and approved as per City standards.
c. 
Minimum surface for a court or private way shall be six inches of Portland concrete cement, six inches of asphaltic concrete, or street paver brick.
d. 
All construction materials shall comply with current standard specifications for street and sewer construction of the Public Works Department.
4. 
Easements.
a. 
The subdivider shall grant perpetual easements to the Omaha Public Power District and any company which has been granted a franchise to provide a cable television system in the area to be subdivided, and their successors and assigns, to erect, operate, maintain, repair and renew cables, conduits and other related facilities, and to extend thereon wires or cables for the carrying and transmission of electric current for light, heat and power and for the transmission of signals and sounds of all kinds, including signals provided by a cable television system and their reception, on, over, through, under and across all open spaces, common ground, recreational areas and nonpublic roads; but the same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights therein granted. The subdivider shall provide notice to the grantee at least 10 days prior to making application to the Planning Commission for a subdivision plat.
b. 
Where a creative subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided to the City a permanent stormwater easement or drainage right-of-way of such width as will be adequate for both water flow and maintenance operations. No other surface improvements or fill, except trails, bank stabilization, stabilization structures, poles and sign structures, shall be placed in any such easement right-of-way.
c. 
Where a creative subdivision is traversed by the Big Papillion Creek, there shall be provided to the City and the Papio-Missouri River Natural Resources District a permanent easement adequate for construction, operation and maintenance of channel and flood control improvements and public recreational trails. No other surface improvements or fill, except bank stabilization structures, poles and sign structures, shall be placed in any such easement right-of-way.
[Ord. No. 1137, 6-17-2008]
1. 
Purpose. Filing fees are intended to partially defray the administrative costs of review, processing and legal notice.
2. 
Application Fee Schedule.
a. 
The following fees will be required for all subdivisions:
(1) 
Administrative subdivision: $115.
(2) 
Minor subdivision plat:
(a) 
Standard: $575.
(b) 
Administrative: $230.
(3) 
Preliminary plat: $1,225 + $12.50/lot.
(4) 
Revised preliminary plat: $450 + $4.50/lot.
(5) 
Final plat: $675 + $6.75/lot.
b. 
The following additional fees shall be required for all subdivisions using sanitary and improvement district (S&ID) financing.
(1) 
The district shall pay to the City 1% of the estimated total construction cost of improvements as shown on the subdivision application source and use of funds form. This amount is to be paid at the time the City Engineer approves the plans and specifications for the improvements (second signature).
(2) 
At the time of the acceptance of the work, the actual fee shall be determined on the basis of 1% of final construction costs, as verified by the City Engineer. Any variance between the estimated fee payment and the actual fee payment shall be adjusted and paid by the district, or refunded to the district.
[Ord. No. 1137, 6-17-2008; amended 4-15-2025 by Ord. No. 1342]
Prior to approval of a preliminary plat by the Planning Commission, a public hearing shall be held, notice of which shall be published in a legal newspaper not less than 10 days prior to the public hearing. Such notice shall be mailed to the Board of Education of each school district in which any part of the proposed plat lies, along with a copy of the proposed plat, not less than 13 days prior to the public hearing.
(Ref. 19-923 RS Neb.)
[Ord. No. 1137, 6-17-2008]
1. 
No plat of any subdivision within the application of this chapter shall be entitled to be filed or recorded in the Office of the Register of Deeds or have any validity until such plat has been prepared, approved and acknowledged in the manner prescribed by this chapter.
2. 
It shall be unlawful to sell, trade or otherwise convey any lot or parcel of land as a part of or in conformity with any plan, plat or replat of any subdivision within the application of this chapter unless said plan, plat or replat shall have first been approved as prescribed by this chapter and filed and recorded in the Office of the Register of Deeds.
3. 
No permit shall be issued for any structure on a site or tract of land which is not a lot of record at the time of the effective date of this ordinance from which this chapter is derived or which has not been approved or recorded in accordance with the provisions of this chapter unless it is approved by the Planning Subcommittee in accordance with the provisions of this chapter.
[Ord. No. 1137, 6-17-2008; amended 2-15-2022 by Ord. No. 1303]
Any person, firm, partnership, association or corporation violating any of the provisions of this Chapter shall be deemed guilty of a class III misdemeanor as defined by Neb. Rev. Stat. § 28-106. The sale of each and every lot sold in violation of this Chapter shall be considered a separate violation.
[Added 3-3-2020 by Ord. No. 1249]
For the purpose of this article, the following terms and words are hereby defined as follows:
LOT
Real property with a separate and distinct number or other designation shown on a plat, record of survey, parcel map, or subdivision map recorded in the office of the Douglas County Register of Deeds.
PARCEL
A tract of land consisting of one or more lots which are contiguous.
The purpose of this article is to provide for a streamlined administrative approval procedure for the following situations.
1. 
Lot Line Adjustment. A lot line adjustment is an application that makes a minor change in the boundaries of a pre-existing platted lot or lots without creating additional building sites.
2. 
Lot Consolidation. A lot consolidation is an application which combines two or more pre-existing platted lots into a lesser number of lots.
3. 
Lot Split. A lot split is an application which divides one existing lot into two lots.
The City Administrator of the City of Ralston or his or her designee shall, after proper review and upon the advice of the Building Inspector and City Clerk, have the power to approve lot line adjustments, lot consolidations and lot splits provided that: (Ref. 19-916 RS Neb.)
1. 
All required public improvements have been installed;
2. 
No new dedication of public rights-of-way or easements is involved;
3. 
The resulting lot or lots comply with all provisions of the Zoning Ordinance[1] concerning minimum areas and dimensions of such lots and blocks;
[1]
Editor's Note: See Ch. 11, Zoning.
4. 
The resulting lot or lots fully conform with all other provisions of the Zoning Ordinance or do not increase the amount of a pre-existing nonconformance; and are developable in accordance with the setback requirements of the Zoning Ordinance;
5. 
The zoning district of the resulting lot or lots is the same as that of the predecessor lot or lots, and in the case of a lot consolidation are within the same zoning district.
6. 
Each lot or parcel resulting from the adjustment maintains acceptable frontage along and access to a public street.
7. 
The administrative subdivision requires no public improvements that would be financed through a public mechanism, including special assessments or a Sanitary and Improvement District;
8. 
In addition:
a. 
A lot line adjustment shall produce no increase in the number of buildable lots;
b. 
A lot split shall produce an increase of no more than one buildable lot, and neither lot resulting from the lot split shall be further subdivided by use of this procedure.
Each applicant must submit an application for administrative subdivision approval to the City of Ralston. The application shall consist of:
1. 
An application form.
2. 
An application fee, the amount of which shall be determined by the City.
3. 
Written consent of all affected property owners. Affected property owners shall mean all parties with a direct ownership interest in any lot or parcel that is a subject of the administrative subdivision. Affected property owners shall include but not be limited to the owners of any resultant nonconforming lots created by this procedure.
4. 
Four surveyor's certificates signed and sealed by a licensed Nebraska land surveyor for each lot affected by or changed by the administrative subdivision procedure.
5. 
A certificate signed by the Douglas County Treasurer certifying that there are no delinquent special taxes or assessments against the property affected by the application.
Upon filing, the City and any relevant agencies shall review the application. The City Administrator or his or her designee shall approve or disapprove of the application within 10 working days of the filing date. If the application is disapproved, the reasons for such disapproval shall be transmitted in writing to the applicant. In the event of a disapproval, the application may proceed according to the subdivision approval procedures set forth in the City's Subdivision Regulations.
If the application is approved, the following steps must then be accomplished by the City and by the applicant:
1. 
The City Administrator or his or her designee shall sign a certificate of approval stamped by the City upon each surveyor's certificate.
2. 
The City Clerk shall keep complete records on each administrative subdivision action; and shall assure that new lot lines are drawn within the City's office plat book.
3. 
The applicant shall file the approved surveyor's certificate to the Register of Deeds office, with one copy of each certificate routed to each of the following agencies: The City of Ralston, the Douglas County Register of Deeds, the Douglas County Surveyor-Engineer, and the applicant.
4. 
Approval of the administrative subdivision shall become null and void if the applicant fails to file the Surveyor's Certificate with the Register of Deeds within 30 days of the date of approval. The applicant must furnish the City of Ralston with one original surveyor's certificate that has been filed with the Register of Deeds to demonstrate compliance with this provision.