Whenever the owner of any tract or parcel of land prepares or intends to prepare a preliminary plat of any real property within the planning jurisdiction or prepares or intends to prepare any other means of subdivision of the same pursuant to the applicable laws and regulations, the subdivider shall, before submitting an application for or presenting such preliminary plat, meet and consult informally with the Planning Department for the purpose of ascertaining the location of proposed major streets, parks, playgrounds, school sites, and other planned projects which may affect such tract or parcel of land being considered for subdivision. At the same meeting, the subdivider should review with the Planning Department the minimum standards of subdivision design set forth in Article V of this chapter with the Planning Department. This informal review is intended to help prevent or minimize unnecessary and costly revisions in the layout and development of the subdivision. The subdivider shall also submit a vicinity map to the Planning Department showing the relationship of the proposed subdivision to existing or platted streets and arterials and existing community facilities.
A.
Preliminary plat application submission requirements. After the preapplication
meeting, the subdivider seeking to subdivide real property which is
subject to the preliminary plat requirements, as set forth herein,
shall submit to the Planning Department a PDF and folded paper copies
of the preliminary plat and all requisite supplemental materials,
as specified on the preliminary plat application. AutoCAD files for
the preliminary plat and all applicable supplemental materials shall
also be submitted. The subdivider shall cause all such submissions
to occur at least six weeks prior to the regular meeting of the Planning
Commission sought by the subdivider, or as otherwise provided in the
official Planning Commission meeting schedule maintained by the Planning
Department.
B.
Upon receipt of the preliminary plat application and supplemental
materials, the Planning Department shall distribute one copy of the
preliminary plat with a request for comments within 10 days to each
of the following: the City Engineer, the Fire Department, the appropriate
school board, and any other department or agency deemed necessary
by the Planning Director.
C.
Scale and preliminary plat contents. Preliminary plats shall be a
scale of one inch equals 100 feet; provided, however, that an alternate
scale may be approved by the Planning Director for subdivisions that
exceed 80 acres in size, have an irregular shape, or include circumstances
where an alternate scale is more appropriate. All preliminary plats
shall be prepared with the following information:
(1)
Name, location, acreage, owner(s) of the real property proposed to
be subdivided at the time of application, and designer of the subdivision.
(2)
Proposed and existing zoning of the plat and existing zoning of the
surrounding properties at the time of application.
(3)
Date, North arrow, and graphic scale.
(4)
Location of proposed property lines and any street(s).
(5)
Name(s) of all adjoining properties or subdivisions.
(6)
Name(s) of any new street(s).
(7)
Lot dimensions, lot lines, lot number(s), and building setbacks.
(8)
Proposed permanent easement(s) with the purpose and proposed grantees
clearly identified.
(9)
Proposed dedication(s) and reservation(s) of land [such as open space(s),
outlot(s), parkland, and school site(s)] with the purpose, ownership,
and maintenance responsibility of any outlot(s) clearly identified.
(10)
All existing easement(s) at the time of application, including
the purpose, grantee(s), grantor(s), and instrument number(s), with
a notation of all existing easement(s) proposed to be vacated.
D.
Supplemental materials. The subdivider shall submit with the preliminary
plat application, as supplemental materials, plans for the proposed
improvements. Required exhibits shall include:
(1)
Grading plan;
(2)
Street profiles;
(3)
Streets and storm sewer plan;
(4)
Sanitary sewer and water plan;
(5)
Preliminary cost estimates for public improvements;
(6)
Public Rights-of-Way Accessibility Guidelines (PROWAG) plan;
(7)
Post-construction stormwater management plan (PCSMP);
(8)
Drainage study that includes PCSMP treatment calculations;
(9)
Existing conditions plan with location of existing property lines,
existing improvements (such as buildings, driveways, utilities, etc.),
and existing trees, including major stands of trees, tree canopies,
and individual specimen trees with a trunk caliper over six inches;
(10)
Plat phasing plan (if applicable);
(11)
Floodplain plan (if applicable);
(12)
Traffic impact study (if requested by the Planning Department
or the Engineering Department);
(13)
Special significance area map to identify natural areas, wetlands,
historic sites, architecturally significant resources, and other distinctive
features;
(14)
Tree inventory with tree replacement plan in accordance with the tree replacement requirements established under § 170-14C(2) herein; and
(15)
Any other plans or exhibits required to verify compliance with
this chapter, or as otherwise requested by the Planning Director,
the City Engineer, or the City Administrator in relation to the proposed
subdivision.
E.
Planning Commission recommendation. The Planning Commission, upon
receiving the Planning Commission staff report and such other reports
deemed appropriate, shall consider the preliminary plat at a public
hearing as required by Nebraska state statute. After review and public
hearing, the Planning Commission shall recommend to the City Council
its conditional approval or rejection of the preliminary plat within
45 days after its public hearing, unless the recommendation is otherwise
continued or tabled at the request of the subdivider. The voting on
a motion to recommend a preliminary plat, or other similar motion
resulting in official action of the Planning Commission, followed
by the preparation of the official minutes of the Planning Commission,
or a draft thereof, by the Planning Department shall constitute the
making of a recommendation to the City Council, as required herein.
F.
Recording of action by Planning Commission. The action of the Planning
Commission shall be recorded in the official minutes.
G.
City Council consideration. The City Council shall consider the preliminary
plat at a public hearing as required by Nebraska state statute. After
review and public hearing, the City Council shall reject, give conditional
approval, or defer to a specified date action on the preliminary plat.
H.
Conditional approval. Approval of the preliminary plat shall not
constitute approval of the final plat. Rather, preliminary plat approval
shall be considered as a conditional approval to be used as a guide
for the preparation of the final plat. Any conditional approval of
the preliminary plat shall be effective for a period of one year unless
an extension is granted by the City Council. Such extension shall
require payment of an additional platting fee equivalent to 50% of
the original preliminary platting fee.
I.
Zoning request with preliminary plat submission. The subdivider shall
apply for a change of zone concurrently with the preliminary plat,
if rezoning is either required or desired. The request for rezoning
and the final plat shall be considered by City Council concurrently.
In the event the request for rezoning and the final plat are approved
by City Council, neither shall become official or effective until
the change of zone ordinance becomes effective and the final plat
is validly filed and recorded with the Sarpy County Register of Deeds.
A.
Final plat submission requirements. The subdivider seeking to subdivide
real property which is subject to the final plat requirements, as
set forth herein, shall submit to the Planning Department the final
plat, the final plat application, and the supplemental materials.
Such items shall be submitted to the Planning Department within one
year of City Council approval of the preliminary plat (the "one-year
submission requirement") unless an extension is granted by resolution
of the City Council. No final plat for any real property within the
planning jurisdiction may be approved by City Council in the event
a preliminary plat has not also been previously approved by City Council
for such real property. The final plat shall generally conform to
the preliminary plat approved by the City Council and to the requirements
of all applicable ordinances and state statutes. If desired by the
subdivider, the final plat may constitute only that portion (or phase)
of the approved preliminary plat which the subdivider proposes to
record and develop at the time; provided, however, that such portion
(or phase) conforms to all requirements of all applicable ordinances
and state statutes. Submission of a final plat for any portion (or
phase) of the real property identified in the approved preliminary
plat area shall be interpreted as satisfying the one-year submission
requirement such that application(s) for any proposed final plat(s)
for any other portions (or phases) of the approved preliminary plat
need not be submitted to the Planning Department before or within
one year of City Council approval of the preliminary plat. The subdivider
shall cause all such submissions to occur at least six weeks prior
to the regular meeting of the Planning Commission sought by the subdivider,
or as otherwise provided in the official Planning Commission meeting
schedule maintained by the Planning Department.
B.
Scale and final plat contents. PDF files, AutoCAD files, and folded
paper copies of the final plat and other exhibits required for approval
shall be submitted as indicated on the application form. After City
Council approves a final plat, copies of the final plat drawn on Mylar
or similar reproducible material at a minimum scale of one inch equals
100 feet, shall be submitted for signature. The final plat shall show
the following:
(1)
Name, title, and location of subdivision.
(2)
Street(s) and street name(s), lot(s), and lot number(s).
(3)
Date, North arrow, and graphic scale.
(4)
Setback lines on double and triple frontage lot(s) or on such other
lots as may be requested by the Planning Department. A table showing
the required setbacks shall be provided for all other lots.
(5)
Monuments.
(6)
Dimensions, angles, bearings, and complete legal description of the
subject real property.
(7)
Name(s) of all adjoining properties of the proposed subdivision.
(8)
Location, dimensions, and purpose of any permanent easement(s).
(9)
Dedication(s) and reservation(s) of land [such as open space(s),
outlot(s), parkland, and school site(s)] with the purpose, ownership,
and maintenance responsibility of any outlot(s) clearly identified.
(10)
Certification of accuracy of survey and plat by a licensed surveyor.
(11)
Certification signed and acknowledged by all parties holding
title or having any title interest in the land subdivided and consenting
to the preparation and recording of the plat as submitted. All signatures
shall be notarized.
(12)
Certification recording the approval by the Planning Commission.
(13)
Certification recording the approval by the City Council and
the acceptance of any dedications, attested to by the City Clerk.
C.
Supplemental materials. The final plat shall be accompanied by:
(1)
Any exhibits required for agreements related to the subdivision,
including, but not limited to, subdivision agreements and sewer and
water connection agreements. This may include, but not be limited
to, the following:
(a)
Plat legal description with metes and bounds;
(b)
Final plat;
(c)
Paving for streets and walks;
(d)
Water mains, lines, and appurtenances;
(e)
Sewer outfalls, lines, and appurtenances;
(f)
Erosion and sediment control;
(g)
Source and use of funds;
(h)
Park and trail improvements; and
(i)
Phasing plan for platting and public improvements, as applicable.
(2)
Protective covenants, if any, in form for recording.
D.
Planning Commission recommendation. The Planning Commission shall
recommend approval or rejection of the final plat to the City Council
within 45 days after Planning Commission's consideration of the final
plat from the subdivider. All reasons for recommending rejection shall
be clearly stated. The subdivider shall be given notice of approval
or rejection. The voting on a motion to recommend a final plat, or
other similar motion resulting in official action of the Planning
Commission, followed by the preparation of the official minutes of
the Planning Commission, or a draft thereof, by the Planning Department
shall constitute the making of a recommendation to the City Council,
as required herein.
E.
City Council consideration. After the Planning Commission makes its
recommendation, the final plat shall then be submitted to the City
Council at its regular meeting for consideration. Construction shall
not commence until the City Council decides to approve the corresponding
final plat and said approved final plat is filed and recorded with
the Sarpy County Register of Deeds.
F.
Filing and recording required. Upon approval of the City Council,
the final plat shall be filed and recorded with the Sarpy County Register
of Deeds within 90 days of such approval. Failure to satisfy the aforementioned
ninety-day filing and recording deadline shall cause the final plat
to become null and void. Prior to the expiration of the aforementioned
ninety-day filing and recording deadline, the subdivider may request
that the City Council grant an extension for the filing of the final
plat by resolution. Each extension shall be limited to a maximum of
90 days. Each extension request shall require payment of an additional
platting fee equivalent to 50% of the original final plat platting
fee. No more than three extensions totaling a maximum of 270 days
may be granted by the City Council. It shall be the responsibility
of the subdivider to promptly furnish the Planning Department with
one original final plat Mylar which has been filed and recorded with
the Sarpy County Register of Deeds to show compliance with this requirement.
