[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:
Shall mean a public right-of-way which is used primarily
as a secondary means of access to the abutting property.
Shall mean a tract or parcel of land bounded by public streets
or lands, streams, railroads, unplatted lands or a combination thereof.
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.
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.
Shall mean a subdivision that permits a reduction in lot
area, setback or other site development standards.
Shall mean an area held, designed and designated for open
space or cooperative use benefitting all properties within a development.
Shall mean an approved private right-of-way which provides
access to residential properties and meets at least three of the following
conditions:
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.
Shall mean a portion of a subdivision or other parcel of
platted land, intended as a unit for transfer of ownership or for
development.
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.
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.
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.
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.
Shall mean a subcommittee of the Planning Department, consisting
of the City Building Official, the City Engineer, the City Attorney
and required employees.
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.
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.
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.
Shall mean a right-of-way, dedicated to public use, which
affords a primary means of access to the abutting property.
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.
Shall mean a street which is used primarily for access to
the abutting properties.
Shall mean a street intended to serve large volumes of traffic
for both the municipal and metropolitan area of the City, as defined
below:
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.
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.
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.
Shall mean a natural person, firm, copartnership, association
or corporation who submits a proposed subdivision to the Planning
Department.
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.
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:
[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.
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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.
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Table 12-108. Street Design Standards
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|---|---|---|---|---|---|
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Street Classification
|
Right-of-Way Width
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Pavement Width Back to Back
|
Minimum Horizontal Curve Radius
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Maximum Grade
|
Minimum Stopping Sight Distances
|
|
Major street
|
(1)
|
(1)
|
(1)
|
(1)
|
(1)
|
|
Collector street:
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|
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)
|
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Notes:
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|---|---|
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(1)
|
As directed by the City Engineer.
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(2)
|
Varies with the width of pavement.
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(3)
|
A minimum of two through lanes required. Width will vary depending
upon number of parking lanes required.
|
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(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)
|
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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.
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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]
The intent and purpose of this section is to permit the development
of cluster 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 cluster 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 cluster 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
cluster 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 cluster 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 cluster 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.
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]
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.
[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:
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.
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;
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;
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.
