A.
Land to be subdivided shall be of such character that it can be used
safely for building purposes without danger to health or peril from
fire, flood, erosion, or other menace. If, following adequate investigation
conducted by all public agencies concerned, it is determined that
land to be subdivided cannot be used without endangering the health,
safety, welfare, or prosperity of the community or would necessitate
an excessive expenditure of public financial resources for sewage
and water facilities, other public facilities, or streets, then the
preliminary plat shall not be approved unless the subdivider formulates
adequate methods for meeting such problems.
B.
All required improvements shall be constructed or installed in conformity
with the provisions of this chapter and City specifications.
A.
Grading permit required. All subdividers seeking to grade real property within the planning jurisdiction shall obtain a grading permit and shall comply with the applicable requirements of the Stormwater Management Ordinance, Chapter 206 of the Papillion Code, the Papillion Creek Stormwater Management Policies, and the Southern Sarpy Stormwater Management Policies.
B.
Preservation of natural features required. To the extent possible,
subdivisions shall be designed to preserve natural features of the
site, to avoid areas of environmental sensitivity, and to minimize
negative impact and alteration of such natural features and drainage
patterns.
C.
Preservation of natural features as open space. The subdivider shall
preserve the following areas as open space, to the extent consistent
with reasonable utilization of land:
(1)
Wetlands and other unique environmental areas, as defined in Section
404, Federal Water Pollution Control Act of 1972,[1] as promulgated by the federal government, and delineated
on wetlands maps prepared by the U.S. Fish and Wildlife Service. Development
and fill upon wetlands shall be regulated by permit authority of applicable
state and federal agencies.
[1]
Editor's Note: See 33 U.S.C.A. § 1344.
(2)
Significant stands or mature specimens of trees. A tree inventory
shall identify all significant stands, tree canopies, and mature specimens
of trees. Tree species on the Recommended Plant Materials list that
are removed shall be replaced as noted in Table V.[2] Tree replacement requirements do not apply when tree growth
is thinned for purposes of improving the health or viability of the
tree canopy, provided that the extent or continuity of the tree canopy
is not compromised.
[2]
Editor's Note: Table V is included as an attachment to this chapter.
(3)
Special flood hazard areas, other than areas that have already experienced
substantial development.
(4)
Natural slopes in excess of 20% as measured over a ten-foot interval.
Development on natural slopes over 20% may be permitted only if an
erosion control plan is submitted and approved by the City Engineer
with the development and if appropriate measures are taken by the
subdivider in compliance with such approved plan. The subdivider shall
cause a licensed professional engineer to review and certify any such
plan(s) prior to submission to the City Engineer.
(5)
Development shall avoid fill or disturbance of significant wildlife
habitat sites as identified on federal or state lists administered
by the U.S. Fish and Wildlife Service of the U.S. Department of the
Interior and applicable state environmental regulatory agencies. Subdividers,
as applicable, are encouraged to preserve habitat areas as a connected
open space consistent with the parks and greenways system designated
in the Comprehensive Plan.
[Amended 6-20-2023 by Ord. No. 1996]
Subdivisions shall be designed to comply with the following
overall performance objectives:
A.
Avoidance of disturbance or other adverse effects on ground water
and aquifer recharge.
B.
Reduction and minimization of cut and fill.
C.
Avoidance of unnecessary impervious surfaces.
D.
Prevention of flooding and encroachment of water onto other real
properties outside the boundaries of the applicable subdivision, except
for facilities designed as part of a regional or community-wide stormwater
management system that is intended to account for such flooding and
encroachment of water from such subdivision.
E.
Provision of adequate access to lots, including alternative routes
to lots and sites within the subdivision, and the minimizing of culs-de-sac
over three hundred and fifty feet (350').
F.
Mitigation of negative environmental effects on surrounding properties,
including effects of shadow, noise, odor, traffic, drainage, and utilities.
G.
Preservation of natural drainage patterns.
H.
Reduction and minimization of the number of multiple frontage lots.
I.
Avoidance of lots that access arterial or collector streets.
J.
Provision for ADA accessible facilities.
K.
Establishment
of access control based on future development and projected traffic
needs.
L.
Minimization
of the number of access points to reduce the number of potential conflicts
to promote public safety.
M.
Proper
spacing and alignment of intersections to reduce the number of potential
conflicts to promote public safety.
[Amended 6-20-2023 by Ord. No. 1996]
The arrangement, character, extent, width, grade, and location
of all streets shall conform as near as possible to the Comprehensive
Plan and shall be considered in their relation to existing and planned
streets, to topographical conditions, to public convenience and safety,
and in their appropriate relation to the proposed uses of the land
to be served by such streets.
A.
Overall roadway system design.
(1)
The roadway system shall be designed to permit safe and orderly movement
of vehicular and pedestrian traffic to meet, but not exceed, the needs
of the present and future served population; to be simple and logical;
to respect natural features, topography, and landscape; and to present
an attractive streetscape.
(2)
The roadway system shall conform to the City's Comprehensive Plan.
For streets not shown on the Comprehensive Plan, the arrangement of
such streets shall provide for the logical extension of existing streets
and streets shown on the Comprehensive Plan.
(3)
The internal street network of a subdivision should provide for logical,
continuous extensions of streets to and from adjacent subdivisions,
both existing and those yet to be platted.
(4)
The roadway system shall provide adequate traffic flow through a
subdivision and provide at least two (2) routes from each lot within
the subdivision to the rest of the City, except as explicitly permitted
by the City Council and any governmental agency with jurisdiction
over the applicable roadway system. Additionally, the roadway system
should be designed to discourage through traffic from using local
streets and local traffic from using arterials.
(5)
The roadway system shall provide an internal street network that
creates a high level of connectivity as defined in the Comprehensive
Plan.
(6)
The
roadway system shall provide through routes within subdivisions that
allow direct and continuous access to the adjacent arterial and collector
street network. Such through routes shall be direct in nature with
continuous access that allows easy navigation between the arterial
and collector street network. At least three north-south and three
east-west through routes shall be provided per mile unless the City
Engineer and Planning Director determine that through routes are not
feasible due to topography, environmental sensitivity, or other condition
as deemed appropriate by the City Engineer and Planning Director.
Such through routes shall be generally located at the quarter (1/4)
and half (1/2) mile intersections with the adjacent streets as depicted
on Figure 170-16(A)(6). The
half (1/2) mile routes shall provide the most direct routes between
the adjoining arterial and collector streets. Alternate routes that
provide through routes at locations other than the quarter (1/4) or
half (1/2) mile; provided that the City Engineer and Planning Director
determine that such alternate route is required due to topography,
environmental sensitivity, human conflicts, or other condition as
deemed appropriate by the City Engineer and Planning Director.
B.
Street extensions. The roadway system, including the internal street
network, of the proposed subdivision shall provide for the continuation
or appropriate projection of streets and alleys already existing in
areas being subdivided. Where, at the determination of the City Council,
it is desirable to provide street access to adjoining properties,
proposed streets shall be extended by dedication to the boundaries
of such properties. Where the City Council deems it necessary, such
dead-end streets shall be provided with a temporary turnaround having
a radius of at least 50 feet or an equivalent means as authorized
by the City Engineer. The roadway system, including the internal road
network, of the proposed subdivision shall provide for extending existing
roads, but in no case shall a road extension be of less width than
the minimum width required in these regulations based on the road
classification.
C.
Dedication of right-of-way for new streets. The dedication of right-of-way
for new streets measured from lot line to lot line shall meet the
right-of-way requirements as provided in Table II[1] of these regulations. All points of access to all streets
classified as arterial or collector streets shall be subject to the
approval of the City Council. Marginal access streets may be required
by the City Council for subdivisions fronting on arterial streets.
[1]
Editor's Note: Table II is included as an attachment to this chapter.
D.
Dedication of right-of-way for existing streets. Subdivisions platted
along existing streets shall dedicate additional right-of-way, if
necessary, to meet the minimum street width requirements set forth
in these regulations. The entire minimum right-of-way width shall
be dedicated where the subdivision is on both sides of an existing
street. When the subdivision is located on only one side of an existing
street, 1/2 of the required right-of-way width, measured from the
center line of the existing roadway, shall be dedicated.
E.
Intersections.
(1)
Intersection design.
(a)
Conflicts at intersections shall be minimized.
(b)
Adequate stopping sight distances shall be provided, as deemed necessary
by the City Engineer, to allow drivers to react to potential conflicts
and stop.
(c)
Adequate intersection sight distances shall be maintained to provide
opportunity for a driver who is waiting at an access point to enter
or cross the street.
(d)
An area upstream and downstream shall be provided from any access
point where drivers will need to change speed, brake, or maneuver
should a vehicle turn onto the street.
(e)
Appropriate spacing shall be provided to eliminate interference between
two or more vehicles attempting to enter the street at the same time.
(f)
The function area necessary to minimize congestion shall be provided
in the area extending upstream and downstream of the physical intersection
(including the longitudinal limits of the auxiliary lanes).
(2)
Street
intersections. Streets shall intersect as nearly as possible at an
angle of 90°, and no intersection shall be at an angle of less
than 75° unless specifically approved by City Council. Street
curb intersections shall be rounded by a radius of at least 25 feet
for residentially zoned lots and 35 feet for all other zoning districts.
When the smallest angle of street intersection is less than 75°,
the City Engineer may require curb radii of greater length. In all
cases, the intersection radii shall not reduce the sidewalk width
to less than five feet and shall allow for PROWAG compliant ramps
which adhere to the standard City curb ramp details. As necessary,
property lines at such street corner shall be chamfered or otherwise
set back sufficiently to permit such curb, sidewalk, and curb ramp
construction. No lot or other parcel of land which abuts on and has
access to either a collector or a minor street shall have a service
drive, curb cut, or other means of access within 75 feet of the right-of-way
of such arterial street.
(3)
Driveway intersections. Driveways shall align with adjacent driveways
or streets to the maximum extent possible in order to prevent offset
intersections. For nonresidential use type classifications, a minimum
of 150 feet between driveways shall be required. When a driveway is
located across from and between two other driveways that are on the
opposite side of the street and unable to align, such driveway should
be equally spaced between the opposing driveways.
(4)
Traffic
signal placing. Traffic signal placing shall be permitted at no closer
than 1,320 feet to maximize signal progression, capacity, and speed.
(5)
Access
spacing requirements.
(a)
Spacing required. Full access to minor and major arterial may be
permitted at quarter (1/4) mile, half (1/2) mile, and one mile intervals.
The preferred spacing for between two full access intersections is
1,320 feet; however, a minimum spacing of 1,200 feet is required.
Right-in, right-out access may be permitted at the eighth (1/8) mile
interval. The preferred spacing between a full access intersection
and a right-in, right-out intersection is 660 feet; however, a minimum
spacing of 500 feet is required. Such spacing requirements are depicted
on Figure 170-16(E)(5).
(b)
Interim measures permitted. Interim access control measures may be
permitted until the City Engineer determines that development warrants
more restrictive control to provide for public health, safety, and
welfare. For example, full access may be temporarily permitted at
the eighth (1/8) mile when an arterial street is not yet improved
to its ultimate profile.
(6)
Access
control — intersection hierarchy. The hierarchy of
intersections shall be established in Table VI.[2] Connecting street classifications that are more than one
level above or below in the hierarchy shall be avoided unless the
City Engineer and Planning Director determine that such connection
is required due to topography, environmental sensitivity, or other
condition as deemed appropriate by the City Engineer and Planning
Director. Private access shall only be permitted to connect with local
streets; provided, however, that shared private access may be permitted
to higher classification streets upon the determination by the City
Engineer that such connection is appropriate for public health, safety,
and welfare.
[2]
Editor's Note: Table VI is included as an attachment to this chapter.
F.
Street jogs. Street jogs with center-line offsets of less than 150
feet shall be prohibited.
G.
Cul-de-sacs. Cul-de-sacs shall be prohibited unless the City Engineer
and Planning Director determine that a cul-de-sac is required due
to topography, environmental sensitivity, geometry, or other condition
as deemed appropriate by the City Engineer and Planning Director.
Cul-de-sacs shall not be longer than 400 feet and shall be provided
at the closed end with a turnaround having a diameter at the outside
of the pavement of at least 75 feet, except such turnaround in industrial
and commercial areas shall be 100 feet in diameter. The length of
a cul-de-sac shall be measured from the centerline of the intersecting
street to the center point of the closed end turnaround of the cul-de-sac.
H.
Street names. Streets shall be named in a manner that is consistent
with the naming conventions established for the Douglas-Sarpy County
metropolitan area, including the numbering of north-south streets.
(1)
Names in alignment. Proposed streets in alignment with existing streets
shall bear the names of such existing streets.
(2)
No duplication. The name of a proposed street that is not in alignment
with an existing street shall not duplicate the name of any existing
street within the Douglas-Sarpy County metropolitan area.
(3)
Name change at curvature. Whenever a street alignment changes direction
more than 60° without a return to the original alignment within
a distance of 500 feet, the name of the street should be changed at
the point of curvature.
(4)
Cul-de-sac naming. A cul-de-sac street serving not more than four
lots shall take the name of the intersecting street.
(5)
Approval by the City Council required. The proposed names of all
streets shall be subject to the approval of the City Council prior
to such names being assigned or used.
(6)
Similar sounding streets. Street names shall be easy to pronounce,
spell, and read to reduce confusion. Similar sounding street names,
although spelled differently, shall be avoided (Example: Lee and Leigh).
In addition, the same street name should not be given a different
or multiple street types (Example: "Main" should not be "Main Street"
in some places and "Main Road" in other places).
(7)
Vanity street names. Streets named after the subdivision shall be
prohibited.
I.
Horizontal and vertical street curves.
(1)
A tangent of a length to be determined by the City Engineer shall
be introduced between reverse curves on all streets. Where there is
a deflection angle of more than 10° in the alignment of a street,
a curve with a radius adequate to ensure safe sight distance shall
be made.
(2)
All vertical curves shall be designed to meet the American Association
of State Highway and Transportation Officials (AASHTO) stopping sight
distances/headlight distance required based on design speed.
J.
Street grade and elevations.
(1)
All streets shall be designed so as to provide for the discharge
of surface water from the pavement and from the right-of-way by grading
and drainage. The minimum street grade shall not be less than 0.7%.
Streets that would be subject to inundation or flooding shall not
be approved. Profiles or elevations of streets shall be furnished
by the subdivider. Street grades shall conform to the minimum requirements
provided in Table I[3] of these regulations.
[3]
Editor's Note: Table I is included as an attachment to this chapter.
(2)
Accessible crosswalks shall be identified, and street grades shall
be adjusted accordingly to meet PROWAG requirements.
K.
Private streets. There shall be no private streets platted within
a subdivision.
L.
Alleys.
(1)
When required. Alleys may be required to give access to the rear
of all lots used for commercial and industrial purposes. Alleys shall
not be required in residential areas except in cases where the subdivider
provides evidence of the need for alleys that is satisfactory to the
City Council.
(2)
Design. Alley intersections and sharp changes in alignment shall
be avoided, but, where necessary, corners shall be cut off sufficiently
to permit safe vehicular movement. Dead-end alleys shall be avoided
where possible, but if unavoidable, shall be provided with adequate
turnaround facilities and signage at the dead end, as determined by
the City Council.
(3)
Maintenance. Maintenance and snow removal of alleys shall not be
the responsibility of the City.
M.
Other right-of-way easements.
(1)
Easements for utility rights-of-way shall be not less than five feet
in width and whenever possible shall be provided along the rear and
side property lines. See Table IV.[4]
[4]
Editor's Note: Table IV is included as an attachment to this chapter.
(2)
When a subdivision is traversed by a watercourse, drainageway, channel,
or stream, a stormwater easement or drainage right-of-way shall be
provided with adequate width for both water flow and maintenance operations.
The total width of any such easement shall be sufficient to accommodate
a 100-year storm event, calculated for a fully developed upstream
drainage basin. The minimum width of such easement shall be established
by the Papillion Creek Watershed Management Policies and the Southern
Sarpy Watershed Management Policies, as applicable. Parallel streets,
parkways, walkways, or bridges may be required in connection with
such drainage easement.
N.
Outlots.
(1)
Number minimized. The total number of outlots within a subdivision
should be minimized to the greatest extent possible.
(2)
Ownership of PCSMP outlots. At the time of platting, the subdivider
shall be expressly identified as the owner of any outlot(s) being
utilized for permanent post-construction stormwater management for
a particular subdivision. Ownership of such outlot(s) may be transferred
from the subdivider to a homeowners' or business owners' association
for the subdivision once such entity is formed. Ownership of any such
outlot(s) shall not be transferred to the City unless expressly authorized
by resolution of the City Council.
(3)
Ownership of outlots. At the time of platting, the subdivider shall
be expressly identify ownership over all outlots. Ownership of any
outlot(s) shall not be transferred to the City or sanitary and improvement
district unless expressly authorized by resolution of the City Council.
(4)
No buildings permitted. No buildings, other than those approved by
resolution of the City Council, or otherwise allowed pursuant to a
subdivision agreement between the City and subdivider, are permitted
on outlots.
(5)
Narrow outlots adjacent to public roadways prohibited. Narrow outlots
adjacent to public roadways shall be prohibited. The subdivider shall
extend private lots to the right-of-way. The subdivider may dedicate
landscape easements within private lots if desired or incorporate
the narrow outlots into public right-of-way as directed or authorized
by the City Engineer and Planning Director.
A.
Continuous pedestrian system required. The subdivider shall provide
for a continuous pedestrian system within each subdivision that is
designed to conduct pedestrians throughout the subdivision in a safe
manner.
B.
Pedestrian system for conventional subdivisions. In conventional
subdivisions (i.e., those subdivisions not consisting of mixed use
developments, planned unit developments, or innovative subdivisions),
the pedestrian system shall be provided by sidewalks or trails typically
placed along both sides of each street. Waivers of this requirement
may be granted by the City Council with the recommendation of Planning
Commission to preserve natural features, create visual interest, maintain
greenways and pedestrianways proposed in the Comprehensive Plan, or
improve the overall design quality of the project.
C.
Pedestrian system for mixed use developments, planned unit developments,
and innovative subdivisions. In mixed use developments, planned unit
developments, or innovative subdivisions, the pedestrian system may
be an independent network diverging from streets but providing continuous
pedestrian access between all points.
D.
Sidewalk requirements.
(1)
Sidewalk requirements shall be determined by road classification
and intensity of development, as set forth in Table III.[1]
[1]
Editor's Note: Table III is included as an attachment to this chapter.
(2)
Where sidewalks are not otherwise required by Table III, the City
may require their installation if necessary to provide access to generators
of pedestrian traffic or major community features, to continue a walk
on an adjacent street, to link parts of the City, to accommodate future
development, or such other reasons as may relate to the City's promotion
of public health, safety, and welfare.
(3)
Sidewalks shall be placed generally parallel to streets within the
right-of-way, but may follow serpentine curved alignments to add interest,
preserve important natural features, accommodate topography or vegetation,
or improve the quality of the subdivision's design. Sidewalk conflicts
with existing conditions (such as light poles, fire hydrants, trees,
etc.) shall be addressed with smooth curved transitions that are a
minimum of 20 feet in length on each side of the conflict.
(4)
Sidewalks shall provide a clear path of at least five feet in width
that is free of any obstructions.
(5)
All sidewalks shall be constructed according to current standards
in use by the City. Sidewalks shall be of concrete construction with
a minimum thickness of five inches except at points of vehicular crossing,
where the sidewalk shall be a minimum thickness of six inches.
(6)
All sidewalks, crosswalks, driveway crossings, and other segments
of a continuous pedestrian system shall comply with ADA and PROWAG
requirements. Curb ramps within the right-of-way shall include the
installation of truncated dome inserts for the purposes of safety,
using removable prefabricated panels, subject to the approval of the
City Engineer. Curb ramps shall be installed at intersections in accordance
with ADA and PROWAG requirements and shall adhere to the standard
City curb ramp details.
E.
Bicycle systems and recreational trails.
(1)
The City may require the installation of bicycle route signage or
other standard signage on street segments that are incorporated into
the City's pedestrian and bicycle transportation system.
(2)
The City may substitute extra-width lanes or designated bicycle lanes
on street segments in lieu of trails.
(3)
All recreational trails shall comply with ADA and PROWAG requirements.
All off-street recreational trails that are not part of the regional
trail system shall be a minimum of eight feet in width to allow for
two-way traffic. Recreational trails that are part of the regional
trail system shall have a minimum width of 10 feet. Surfacing of recreational
trails shall follow standards established by the City.
(4)
If appropriate, recreational trails within a subdivision may be deemed
by the City Council to satisfy part of the requirements of this chapter
for sidewalks or open space for such subdivision.
(5)
All streets shall utilize bicycle-safe storm sewer inlets. Inlets
along defined bicycle lanes on street segments shall be set back one
foot behind the back of curb with 10 feet of curb transition to each
side of the curb inlet throat.
A.
Block length. Block length shall not exceed 1,000 feet. The length
of blocks shall be considered to be the distance from street center
line to opposite street center line and shall be measured along the
center of the block. A waiver may be granted by resolution of the
City Council with the recommendation of Planning Commission to preserve
a significant natural feature, address a major site constraint, or
in the cases of irregularly shaped blocks.
B.
Block width. The width of blocks shall generally be sufficient to
allow two tiers of lots and be at least 240 feet in width. The width
of blocks shall be considered to be the distance from the street center
line to the adjacent parallel street center line minus the fronting
street rights-of-way widths. In cases of irregularly shaped blocks,
the minimum width may be waived by the City Council with the recommendation
of Planning Commission.
C.
Pedestrian access. Pedestrian pathways not less than eight feet wide
may be required by the City in blocks longer than 500 feet or at the
end of culs-de-sac longer than 300 feet where the City Council deems
such pathways necessary to provide circulation or access to schools,
playgrounds, shopping centers, transportation, or other community
facilities.
The lot size, width, depth, shape, and orientation and the minimum
building setback lines shall be appropriate for the location of the
subdivision and for the type of development and use contemplated.
A.
Lot dimensions and area shall conform to the requirements of Chapter 205, Zoning, of the Papillion Municipal Code. The ratio of depth to width of lots shall not exceed a ratio of 3:1.
B.
Corner lots shall be of extra width sufficient to maintain required
setbacks.
C.
Side lot lines shall be approximately at right angles or radial to
street lines.
D.
Access to lots shall be provided by means of a public street, and
each lot shall have satisfactory access to an existing public street.
E.
Double frontage and reverse frontage lots shall be avoided except
where essential to provide separation of residential development from
traffic arteries or to overcome specific disadvantages of topography
and orientation.