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City of Papillion, NE
Sarpy County
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Table of Contents
Table of Contents
The subdivider shall design and construct improvements to not less than the standards outlined in this chapter and all other applicable laws and regulations. The work shall be done under City supervision and inspection and shall be completed within the time fixed or agreed upon by the City Engineer. The minimum requirements for materials shall be in accordance with the standards currently in effect in the City or as otherwise approved at the discretion of the City Engineer. Standards applicable to health and sanitation, as required by the Nebraska Department of Environment and Energy and the Nebraska Department of Health and Human Services, shall be deemed to be the minimum standards required.
Permanent monuments shall be accurately set and established at the intersection of all outside boundary lines of the subdivision; at the intersection of those boundary lines with all street lines; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as are necessary to establish definitively all lines of the plat, including all lot corners.
A. 
Monumentation shall be in conformance with the minimum standards for surveys adopted by the Nebraska State Board of Examiners for Land Surveyors.
B. 
The subdivider shall provide a surety, either cash or corporate bond, to ensure that monuments are set. The amount of the surety shall be estimated by the City Engineer with guidance from the Master Fee Schedule. The subdivider's surveyor shall provide a written statement to the City that the monumentation requirements have been met in order to retire the bond.
A. 
Street grading. The full width of street rights-of-way located entirely within the boundary of the subdivision, except major streets as noted, shall be graded to the full width to within six inches of the finished grade. Grades extending from the top of curb or edge of pavement within the right-of-way shall be no more than plus or minus 2% cross slope and shall match the street profile grade longitudinally.
B. 
Street surfacing. All streets within the subdivision shall be paved, including curbs and gutters, in accordance with street paving standards approved by the City Engineer. Requirements for paving, including curb and gutters, may be waived by the City Council with the recommendation of Planning Commission at the request of the subdivider in the case of a subdivision wherein all of the lots in the subdivision have a minimum frontage width of 200 feet or more. Streets in such subdivisions shall be constructed of a material that meets the specifications of the City Engineer.
C. 
Street name and traffic control signs. Street name signs shall be erected by the subdivider at all intersections and shall be consistent with other signage used throughout the City, as determined by the City Engineer. Decorative fluted sign poles and bases shall be utilized for street name and traffic control signs as specified by the City's standard sign pole and base details; provided, however, that traffic control signage may be installed on existing or proposed light poles if within 25 feet of the proposed sign location.
D. 
Sidewalks. Sidewalks shall be provided for by the subdivider as required by § 170-17 and Table III[1] herein.
[1]
Editor's Note: Table III is included as an attachment to this chapter.
E. 
Driveways. Driveways and curb cuts shall be located not less than one foot from the side lot line. Curb cuts for straight (vertical) curbs and the flare for rolled curbs shall be three feet wider than the driveway pavement on each side. The driveway (including the flare) shall not extend beyond the projection of the side lot line into right-of-way.
F. 
Street and walkway lighting. The subdivider shall install streetlights and walkway lighting in the subdivision as recommended by the City Engineer and approved by the City Council.
(1) 
Such lights shall be located at each entrance (streets and walkways) to the subdivision. In addition, whenever the distance between the two adjacent streetlights (or walkway lights) exceeds 300 feet, then additional streetlights (or walkway lights) shall be installed in such a manner that proper light intensity shall be provided and maintained.
(2) 
New subdivision streetlighting and walkway lighting shall be installed with all associated wiring underground.
(3) 
Such lights shall be located in a manner to minimize the total number of street and walkway lights to be installed.
A. 
Connection required. Where a City-approved sanitary sewer is accessible by gravity flow and located within 1,000 feet of the final plat, the subdivider shall connect thereto, subject to all requisite approvals, and shall provide adequate sewer lines and stubs to benefit each lot. Furthermore, when the trunk line outfall sanitary line along the Papillion Creek is accessible by gravity connection and is located within one mile of the subdivision, the subdivider shall be required to connect thereto and provide an adequate outfall sewer line sized to serve the total drainage area in which the subdivision is located.
B. 
Provisions for temporary disposal facilities. Where the Papillion Creek trunk line outfall sanitary sewer line is located substantially more than one mile from the subdivision; or where the nearest City-approved sanitary sewer is more than 1,000 feet from the subdivision; or where a City-approved sanitary sewer is not accessible by gravity flow, the subdivider shall make provisions for the disposal of sewage as required by law and as approved by the City Council. Temporary community disposal facilities that serve the entire subdivision shall be used for the disposal of sewage. For subdivisions of more than one lot, individual lot level septic systems shall be prohibited. Where temporary disposal facilities have been approved, the following conditions shall apply:
(1) 
The temporary facility shall only be approved and sized for that subdivision. No further addition or enlargement of the temporary facility may be undertaken to serve any addition to the subdivision, or any other subdivision, without the approval of the City Council.
(2) 
The subdivider and any sanitary and improvement district formed, if applicable, shall, by written agreement with the City, agree that if and when a City-approved sanitary sewer line is constructed within 1,000 feet of the subdivision, then the subdivider and/or the sanitary and improvement district or, in the case of a privately financed development, the subdivider alone, shall cause the subdivision to connect to such City-approved sanitary sewer line and disconnect from the temporary facility. Such temporary facility shall be abandoned by the lot owners within the subdivision, the subdivider, and the sanitary and improvement district, as applicable, upon the direction of the City Council or the City Engineer.
(3) 
Where any City-approved sanitary sewer is not readily available for connection, but there are existing plans for such availability, the subdivider and/or any sanitary and improvement district formed may be required by agreement to pay or prepay, depending upon availability, any sewer connection fee or fees required by the City to be assessed against each property or lot to be served by the sewer prior to the approval of the final plat. Such fees shall be calculated based on the sewer connection rates established by ordinance, as may thereafter be listed in the Master Fee Schedule. The sewer connection fees paid to the City shall be used as the subdivision's share toward the construction of an outfall sewer main and/or toward the necessary improvement or enlargement of any treatment plant.
(4) 
Whenever the sanitary sewer of a subdivision is connected to the City-approved sewer system, the City may collect any applicable sewer use fees, service charges, and related fees from the users in the subdivision or sanitary and improvement district, and such fees and charges not paid shall be a lien upon the property served.
A. 
Connection to public water supply required. All subdivisions shall connect to a public water supply system unless an alternate means of a private water supply is approved by the City Council. The subdivider and/or the sanitary and improvement district shall provide the subdivision with a complete water distribution system, including appropriately spaced fire hydrants. All public water distribution systems and public well systems shall meet the requirements of the City and the Nebraska Department of Health and Human Services.
B. 
Provisions for temporary water supply.
(1) 
Approval required. Where a public water supply is not available or not required, as determined by the City Council, a temporary community well system shall be provided by the subdivider or the sanitary and improvement district. The subdivider shall supply acceptable evidence of the availability of groundwater for a temporary community well system to the City Engineer prior to submittal of the preliminary plat to the Planning Commission. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable by the City Engineer. Copies of well logs shall include the name and business address of the well driller and shall be submitted with the preliminary plat to the Planning Commission for review and recommendation to the City Council.
(2) 
Well registration required. All wells shall be registered with the Nebraska Department of Health and Human Services.
(3) 
Well permit required. All wells within the planning jurisdiction shall require a well permit subject to the approval of the City Council pursuant to the provisions of Chapter 195 of the Papillion Municipal Code.
(4) 
Lot sizes. Where a public water supply is not available or otherwise not provided in the subdivision, the minimum lot size for the lots located in such subdivision shall conform to the minimum lot size specified in Chapter 205, Zoning, of the Papillion Municipal Code and be sized to meet the Nebraska Department of Environment and Energy standards for minimum separations between surface water, drinking water wells, water lines, property lines, and building foundations; provided that in no case shall said minimum lot be less than one acre in area.
A. 
NPDES stormwater permit requirement. The subdivider shall obtain coverage under the most current General National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharge. A copy of the general permit shall be available at the office of the City Engineer. The subdivider shall apply for authorization to discharge by submitting a notice of intent (NOI) to the State of Nebraska Department of Environment and Energy using form CSW-NOI. The subdivider shall comply with the terms and conditions of the general permit. A copy of the NOI shall be submitted to the City Engineer along with the agreement prior to the beginning of any construction activities. This item shall be considered incidental to the project and shall not be subject to a separate fee.
B. 
Compliance with Chapter 206, Stormwater Management, the Papillion Creek Stormwater Management Policies, and the Southern Sarpy Stormwater Management Policies. All subdivisions shall comply with the applicable requirements of Chapter 206, Stormwater Management, of the Papillion Municipal Code, the Papillion Creek Stormwater Management Policies, and the Southern Sarpy Stormwater Management Policies. Subdivision design shall use best stormwater management practices to minimize the amount and velocity of urban runoff, encourage natural filtration, simulate natural drainage, and minimize discharge of pollutants. Best available technology may include conservation design that maintains natural drainageways, retention basins, swales, porous paving, mechanical separators, and terracing.
C. 
Drainage and related improvements. The subdivider shall construct all necessary facilities, including underground pipe, inlets, catch basins, or open drainage ditches, subject to the approval of the City Engineer, to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. Drainage and related improvements shall not be permitted to discharge into any sanitary sewer facilities.
(1) 
Storm sewers and stormwater drainage. Where a public storm sewer line with adequate stormwater conveyance capacity is available at or near one of the plat boundary lines, the subdivider shall construct a storm sewer system and connect with such storm sewer line. If such a storm sewer system is not accessible, natural drainage channels with easements of adequate width based on calculated surface flow volume shall be provided, as determined by the City Engineer and subject to the approval of the City Council. Storm drainage collected through drain tile systems around foundations and basements shall not be permitted to discharge into any sanitary sewer facility but shall connect to an adequate drainage outlet. Storm sewers in excess of 48 inches in diameter shall be avoided except in special cases.
(2) 
Where the subdivision is located within a drainage area, the subdivider shall be required to install the storm sewers to adequately handle the additional areas upstream under full build-out conditions as outlined in the Comprehensive Plan.
(3) 
Erosion and sediment control. The subdivider shall be required to provide erosion and sediment control for areas of the subdivision that are disturbed by any construction operations by installing best management practices (BMPs) as necessary to prevent erosion and damage to adjacent properties from surface drainage, subject to the approval of the City Engineer. Following initial subdivision mass grading and installation of public improvements, the individual lot owners shall maintain and install perimeter BMPs as necessary to minimize track out and damage to adjacent properties during construction activities.
(4) 
Culverts and bridges. Where drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed, subject to the approval of the City Engineer. Where culverts are required, minimum requirements shall be observed as follows:
(a) 
All culverts shall be reinforced concrete or other material approved by the City Engineer and shall extend across the full right-of-way width of the proposed street. The cover over the culvert and its capacity shall be subject to the approval of the City Engineer. The minimum diameter of a culvert pipe shall be 15 inches. Depending on drainage conditions, headwalls may be required.
(b) 
Driveway culverts shall be reinforced concrete pipe and shall have a minimum length equal to the driveway width plus six feet. The culvert pipe shall be centered on the driveway and have a minimum diameter of 12 inches. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Headwalls may be required.
(5) 
Design manual. All drainage improvements shall be designed and constructed in accordance with the most current version of the City of Omaha Regional Stormwater Design Manual and as may otherwise be required by the City Engineer.
Fire hydrants shall be provided in all subdivisions with public water supplies and shall have a maximum spacing between hydrants of 600 feet measured along the rights-of-way. The type of hydrant and control valves and the location of the hydrant shall be subject to the approval of the Fire Chief. The minimum size of any waterline serving any fire hydrant(s) shall not be less than six inches in diameter, and such waterlines should be circulating waterlines. The size and location of waterlines within the City's public water system shall be confirmed by the subdivider with the City-wide water model and shall be subject to the approval of the City Engineer. All hydrants shall be yellow in color, unless otherwise approved by the Fire Chief.
A. 
Electric, cable, and telephone services shall be provided within each subdivision. Gas service may be required where reasonably accessible. Such utilities shall be located underground unless otherwise approved by the City Engineer.
B. 
Overhead utility lines, where permitted, shall be located as approved by City Engineer.
C. 
Wherever a sanitary sewer line easement and electric, cable, and/or communication line easement overlap, the total easement width for the sanitary sewer line shall not be less than 20 feet, and efforts shall be made by the subdivider to cause the offset of the electrical, cable, and/or communication line(s) from the sewer line to avoid future conflict issues in the event sewer maintenance is ever required. The electric, cable, and/or communication line(s) shall remain within their defined easement width.
D. 
Whenever a sanitary sewer line and a storm sewer line are within the same easement, the minimum easement width shall be 20 feet, and the sewer lines shall be separated sufficiently to allow for sewer maintenance to each line. Additional easement width may be necessary depending on the depth of the proposed sewer as calculated per Table IV[1] of this chapter.
[1]
Editor's Note: Table IV is included as an attachment to this chapter.
The installation of other improvements may be required when deemed necessary in the best interest of the community.
A. 
Extensions to boundaries. The subdivider may be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the City Engineer.
B. 
Off-site extensions. If streets or utilities are not available at the boundary of a proposed subdivision, and if the City Council finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a City expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary easements or rights-of-way and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land.
C. 
Public recreation improvements. The subdivider shall provide the City with a cost estimate for all public recreation improvements prior to the City Council's consideration or approval of such improvements.
A. 
Intent. The manner and procedure by which public improvements are determined, designed, constructed, installed, and paid for in a subdivision is a matter of mutual concern to the subdivider, the public, and the City. These improvements become permanent features of the community and could be a financial burden to the subdivider and/or the public and could result in a continual excessive maintenance cost to the City; therefore, it is the intent of this section to provide for adequately sized, properly located, properly financed, and properly installed improvements through the prescribed rules and standards for the improvements, utilities, and streets.
B. 
Subdivision agreement required. No public improvements shall be constructed, nor shall any contract for such construction be let, awarded, or otherwise consummated by the subdivider, or any other entity, unless and until the City, the subdivider, and, if applicable, the sanitary and improvement district have entered into a formal, executed subdivision agreement approved by the City Council. The subdivision agreement shall include, but shall not be limited to, provisions related to the identification of the requisite improvements, land acquisition for any public improvements, minimum design standards and documentation for the applicable utilities, pavements, open spaces, recreation facilities, and other public or private improvements, assessments and/or apportionments of public improvement costs to be incurred by the subdivider, the sanitary and improvement district, if applicable, a development corporation, or other entities or persons to be involved in the contract, as applicable, and any other obligations that may be necessary to identify and assign due to the specific circumstances of the site or anticipated development. For the purpose of understanding, the City shall generally consider the rules established within this section when entering in a contractual agreement covering the assessment of costs for the public improvements.
C. 
Privately financed subdivisions. Subdivision agreements for privately financed subdivisions shall, in addition to the foregoing, establish that all improvements shall be financed privately without the use of a sanitary and improvement district or any other vehicle for the use of public funds unless otherwise expressly authorized by the City. Such subdivision agreements may also provide for other areas of agreement and mutual responsibility such as annexation, associated public and private improvements, and other terms of the project.
D. 
Shared improvements.
(1) 
General obligation costs should be conceived as those improvements that benefit the general public rather than a single subdivision. Sanitary sewers, drains, waterlines, post-construction stormwater management facilities, or other similar installations, and public parkland cannot be beneficial to the general public unless an area larger than the subdivision is serviced. The City shall typically consider the following to be reasonable general obligations, subject to the final approval of City Council for each applicable subdivision:
(a) 
Up to 100% of the cost of any street pavement width in excess of 25 feet, inclusive of curbs and gutters.
(b) 
Up to 100% of the cost of pavement thicknesses in excess of nine inches for plain concrete for subdivisions with industrial zoning and up to 100% of the entire cost of pavement thicknesses in excess of seven inches for plain concrete for all other zoning.
(c) 
Up to 50% of the street pavement adjacent to publicly accessible outlots.
(d) 
Up to 50% of the cost of the street pavement adjacent to publicly dedicated parkland.
(e) 
Up to 100% of all street intersections.
(f) 
Up to 100% of the cost of storm sewers up to 48 inches in size and related appurtenances.
(g) 
Up to 100% of the difference between the cost of any sanitary sewers and any water main pipes and related appurtenances greater than eight inches in diameter and the cost of any sanitary sewers and any water main pipes with a diameter of exactly eight inches, but only so long as such sanitary sewers and such water main pipes are located in a public right-of-way or in an easement on private property.
(h) 
Up to 100% of the cost of any outfall sewer line or waterline located outside the sanitary and improvement district limits and designed to serve a total drainage area larger than the sanitary and improvement district.
(i) 
Up to 100% of the cost and installation of any street signs, traffic control signs, and traffic control devices.
(j) 
Up to 100% of any land proposed to be dedicated to the public as parkland and/or open spaces, provided that the following rules are met:
[1] 
The purchase price of any parkland and/or open space shall not exceed the maximum raw land purchase price for the subdivision.
[2] 
All parkland and/or open space located within any floodway shall be donated to either the City or the sanitary and improvement district, at no cost to either the City or the sanitary and improvement district.
[3] 
The purchase price of any parkland and/or open space located within a floodplain shall not exceed 50% of the raw land purchase price for the subdivision.
[4] 
All wetlands shall be donated to either the City or the sanitary and improvement district, at no cost to either the City or the sanitary and improvement district.
[5] 
Any utility easements shall be donated to either the City or the sanitary and improvement district, at no cost to either the City or the sanitary and improvement district.
[6] 
All open drainageways shall be donated to either the City or the sanitary and improvement district, at no cost to either the City or the sanitary and improvement district.
[7] 
All soft costs for the acquisition of the parkland and/or open space shall not exceed 20% of the purchase price.
(k) 
No more than 50% of the applicable capital facilities charges. Capital facilities charges are a nonrefundable fee set forth in the Master Fee Schedule, as amended and adopted from time to time, that are charged to customers connecting to the City's water system and function as a contribution toward existing or future facilities necessary to meet the service needs of City water system customers. Capital facilities charges shall be paid by the applicable subdivider, sanitary improvement district, or other entity identified in the invoice, to City within 60 days of issuance of invoice from the City. In the event that capital facilities charges are not paid within 60 days, as required herein, such capital facilities charges shall be collected based on the amount set forth in the Master Fee Schedule at the time that the fee is actually paid. Any cost difference in the capital facilities charge that results when the capital facilities charge is not remitted within 60 days of issuance of invoice shall be specially assessed or paid privately. Such cost difference shall not be a general obligation cost.
(l) 
Up to 100% of the cost of any ADA-compliant curb ramps.
(m) 
Up to 100% of any fire hydrants.
(n) 
No more than 50% of any sediment basin cleanout and erosion control maintenance activities for public improvements following the initial private grading of the development.
(o) 
No more than 50% of any review fees charged by the City and incurred by a sanitary and improvement district for public improvements.
(2) 
Special assessments may be levied for those public improvements that specially benefit those properties that either abut or use such public improvements.
(a) 
The City shall typically consider the following to be reasonable special assessments, subject to the final approval of City Council for each applicable subdivision:
[1] 
Up to 100% of the entire cost of grading the street right-of-way, including intersections.
[2] 
Up to 100% of the entire cost of all sanitary sewer lines and water mains up to eight inches in diameter and any related appurtenances.
[3] 
Up to 100% of the entire cost of all street paving and street construction up to 25 feet in width, inclusive of curbs and gutters.
[4] 
Up to 100% of the entire cost of pavement thickness up to nine inches of plain concrete for subdivisions with industrial zoning and up to 100% of the entire cost of pavement thicknesses up to seven inches of plain concrete for subdivisions with any other zoning.
[5] 
Up to 100% of the difference between the cost of any storm sewers required to be greater than 48 inches in diameter and the cost of any storm sewers with a diameter of exactly 48 inches, but only so long as such storm sewers are located in a public right-of-way or in an easement on private property.
[6] 
Up to 100% of all contract charges for underground electrical power and gas service.
[7] 
Up to 100% of the cost of any land acquisition for a post-construction stormwater management facility that does not serve an area larger than the subdivision.
[8] 
Up to 100% of the cost of sediment basin cleanout and erosion control maintenance activities for public improvements following the initial private grading of the development. A portion of such sediment basin cleanout and erosion control maintenance activities may be generally obligated as provided in § 170-29D(1)(l).
(b) 
Not less than 50% of the capital facilities charge shall be specially assessed.
(c) 
Not less than 50% of review fees charged by the City and incurred by a sanitary and improvement district for public improvements shall be specially assessed.
(d) 
None of the above special assessments shall be assessed against any outlot. Similarly, none of the above special assessments shall be assessed against any other lot, part thereof, lands, or other real property upon which structures compatible with the zoning regulations of said real property cannot be built, except to the extent of the special benefit to said lot, part thereof, lands, and real property by reason of such improvement.
E. 
Subdivision agreement required before final plat approval. No final plat shall be approved by the City Council until the necessary subdivision agreement shall have been entered into between the City and the subdivider. This agreement shall provide for the needs of the subdivision, including but not limited to pavement, water mains, sanitary sewers, storm sewers, sidewalks, grading, waste treatment, open space requirements, capital facilities charges, and provision that each sanitary and improvement district shall make its annual tax levy in an amount sufficient to timely pay the indebtedness and interest thereon for public improvements. In no event shall the annual tax levy of a sanitary and improvement district be less than the then-current levy assessed by the City on the taxable real property within the corporate limits of the City. All subdivision agreements shall be filed and recorded with the Sarpy County Register of Deeds.
F. 
Completion of improvements. The subdivider shall complete in a timely manner satisfactory to the City Council and City Engineer all improvements required in this chapter and/or subdivision agreements after the final plat has been approved by the City Council. Specific improvement completion time periods may be defined further in the subdivision agreement. The City Council may extend this period upon the showing by the subdivider of circumstances beyond his or her control or upon evidence of circumstances that create a hardship to the subdivider.
G. 
Inspection and certification. The City Engineer or other knowledgeable official, as specified by the City Council, shall perform a final inspection for defects in the construction of required improvements once notified by the subdivider or sanitary and improvement district, as applicable of their completion. All improvements that do not achieve the approved design or specifications shall be noted, and a punch list of required changes shall be prepared by the City Engineer and issued to the subdivider or sanitary and improvement district, as applicable. A follow-up inspection shall be scheduled to verify completion of required changes.
H. 
Improvements required for residential occupancy permits. No residential occupancy permits shall be issued in any area which is not served by streets, water, sanitary facilities, and power inspected and approved by the City Engineer.
Unless otherwise required or allowed by the applicable Nebraska Revised Statutes and City Code, it is the intention of the City to provide no services other than building, planning, and zoning administration to that part of the planning jurisdiction located outside the corporate limits of the City (i.e., City's extraterritorial jurisdiction). It shall be the obligation of the subdivider to present to the Planning Commission and City Council a precise approach for the provision of any services other than building, planning, and zoning administration. Said approach may include the formation of homeowners' organizations or other methods to operate and provide for long-term maintenance and service. Said approach shall be made binding on the subdivider in a form, agreement, or contract in a manner which is acceptable to the City Attorney.
A. 
School sites reserved. Where a tract of land being subdivided includes land proposed to be used for a future school site, the subdivider shall indicate the general location of such areas on the preliminary plat. Such school site shall be reserved for three years from the date of City Council's approval of the final plat that creates such school site, giving the appropriate school district the first right to purchase the land. In the event the school site is not purchased by the applicable school district in the time specified, or in the event the school district indicates in writing that it no longer has an interest in purchasing such school site prior to the expiration of such three-year period, the subdivider may request platting for the purpose of resale. Any such school site shall be subdivided in a manner comparable with land contiguous to it in case it is not purchased for school within said three-year period.
B. 
Large tracts or parcels. When land is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow for the creation of future streets and logical resubdivision.