[1960 Code, Sec. 13.24.010]
The provisions of this chapter and Chapters 7 and 8 of this
title are adopted as the minimum standards of design of a subdivision.
In addition, all subdivisions shall conform to all applicable elements
of Lincoln's comprehensive plan[1] including any change in these standards which is indicated
by any applicable plan elements. The arrangement, character, width,
grade and location of all streets shall conform to the City highway
system or plans for the opening, widening or extension of any street,
road or major thoroughfare as adopted by the City Council in the public
interest. Whenever a tract to be subdivided includes any part of such
thoroughfares as approved or shown on the adopted City plan such part
shall be dedicated to the public for street purposes by the subdivider.
[1960 Code, Sec. 13.24.020]
In order to promote the best possible development and use of
land, the City engineer shall interpret the standards, provisions
and specifications contained in this title liberally and in favor
of the community's interest. Exceptions from these standards,
provisions and specifications may be granted when shown conclusively
and to the satisfaction of the City engineer that such exceptions
will bring about a more logical and desirable result than would be
obtained by strict compliance. When in doubt as to the wisdom of granting
such an exception, the engineer shall request a decision from the
City planning commission, and the City Council.
[1960 Code, Sec. 13.24.030]
Land subject to flooding and land deemed by the reviewing authorities
to be uninhabitable shall not be platted for residential occupancy,
nor for such other uses as may increase danger to health, life or
property, or aggravate the flood hazard, but such land within the
plat shall be set aside for such uses as shall not be endangered by
periodic or occasional inundation, or shall not produce unsatisfactory
living conditions.
[1960 Code, Sec. 13.24.040]
All proposed plats submitted for approval under the provisions
of this title shall allocate adequate areas for park, school, recreational
and other public and semipublic sites, whenever necessary, in conformity
with the City's comprehensive plan and as required by the City.
The location, shape, extent and orientation of such areas shall be
consistent with existing and proposed topographical and other conditions,
including, but not limited to, the park, school, recreational and
other public and semipublic needs of the proposed subdivision. Such
areas shall be made available by one of the following methods:
(A)
Dedication to public use;
(B)
Reservation for the use of owners of land contained in said plat,
by deed restriction or covenants, which specify how and under what
circumstances the area or areas shall be developed and maintained;
(C)
Reservation for purchase by a governmental unit or agency thereof
within a period of two years, such reserved area to be released for
private use:
1.
In the event no governmental unit or agency thereof proceeds with
such purchase within two years after date of the recording of said
plat, or
2.
If released by said governmental unit or agency prior to the expiration
of the two year period.
|
Due regard shall be shown for preserving outstanding scenic,
cultural or historic areas.
|
|
All areas within the subdivision not dedicated and accepted
for public use shall be either: a) included in a sublot, or b) dedicated
for the use of some or all owners, their heirs, successors and assigns
forever, or c) dedicated to a public entity presently in being who
accepts title by endorsement on the plat.
|
