[Amended 6-21-2022 by Ord. No. 1965]
A.
Granting of waivers; conditions. The Planning Commission may recommend, and the City Council may grant, waivers from the regulations in this chapter, provided that no waiver of § 170-11, § 170-12, § 170-32B or § 170-37 shall be granted nor any other regulation which is required by applicable state or federal law. In order for the Planning Commission to recommend any such waiver and the City Council to approve the same, each such body must first determine that:
(1)
There are unique circumstances or conditions affecting the property
in question that are not the result of the actions of the subdivider.
(2)
The waiver is necessary for the reasonable and acceptable development
of the property in question.
(3)
The granting of the waiver in such circumstances shall not be detrimental
to the public welfare or injurious to adjacent property.
(4)
The granting of the waiver meets all specific criteria identified
within the applicable regulation.
B.
Recording of plat. In no event shall the requirement of filing and
recording a plat for a particular subdivision be waived for such subdivision
to be valid.
C.
Planned unit development. The City Council, with the recommendation
of the Planning Commission, may also grant reasonable waivers to these
regulations if the subdivider concurrently submits an application
for, and obtains approval of, a planned unit development. The subdivider
shall indicate where plans vary from these regulations and shall present
sufficient evidence to support the request, indicating why the request
shall not be detrimental to the public health, safety and welfare.
D.
A subdivider requesting a waiver of any regulation in this chapter
shall submit said request in writing to the Planning Department prior
to submission of the preliminary plat to the Planning Commission for
review and recommendation to the City Council. The request for waiver
shall include a list of all requirements for which a waiver is sought
by reference to the section numbers and the descriptive headings that
appear in these regulations.
A.
Administrative adjustments defined. For the purpose of this section,
a property owner may be eligible to seek approval to adjust an interior
lot line or combine two or more lots, as follows:
(1)
Lot line adjustment. The adjustment of an interior lot line between
two adjoining platted lots may be allowed, provided that the following
conditions are met:
(a)
The lots involved shall have the same zoning, and the proposed adjustment shall not create a violation of this chapter or of Chapter 205, Zoning, of the Papillion Municipal Code.
(b)
The lots involved shall be existing platted lots.
(c)
The adjustment involves only a minor change in lot line location.
(2)
Lot consolidation. The combination of two or more lots into a lesser
number of lots may be allowed, provided that the following conditions
are met:
B.
Administrative approval. When a proposed lot line adjustment or lot
consolidation satisfies the applicable foregoing conditions, such
line adjustment or lot consolidation may be approved administratively
upon the joint approval and signature of the City Administrator, the
City Engineer, and the Planning Director on the corresponding Mylar.
The City Administrator and Planning Director shall not approve the
request for an administrative adjustment if one or more of the following
conditions are present:
(1)
The application would create multifamily lots from previously platted
single-family lots.
(2)
The application would involve the dedication or vacation of any public
right-of-way.
(3)
The application involves nonplatted lots (e.g., tax lots).
(4)
In the opinion of the Planning Director, the application should be
processed under a different section of this chapter.
C.
Application procedures. An application for a lot line adjustment
or lot consolidation shall be submitted to the Planning Director.
The following shall be submitted with the application:
(1)
Application fee as established in the Master Fee Schedule.
(2)
Written consent of all property owners.
(3)
Four original plats that provide the following information:
(a)
Date, title, name, and location of subdivision.
(b)
Streets and street names, lots, setback lines, lot numbers,
etc.
(c)
Graphic scale and true North point.
(d)
Monuments.
(e)
Dimensions, angles, bearings, and complete legal description
of the property.
(f)
Names of adjoining properties of the proposed subdivision.
(g)
Location, dimensions, and purpose of any easements.
(h)
Purpose for which sites are dedicated or reserved.
(i)
Certification by surveyor certifying to the accuracy of the
survey and plat.
(j)
Certification, signed and acknowledged by all parties holding
title or having any title interest in the land to be subdivided, granting
consent to the preparation and recording of the plat as submitted.
(k)
Certification, signed by the Sarpy County Treasurer, stating
that there are no regular or special taxes due or delinquent against
the property.
(l)
Certification signed by the Sarpy County Surveyor.
(m)
Certifications recording the approval of the City Administrator,
the City Engineer, and the Planning Director.
(4)
A PDF file and an AutoCAD file for the plat.
(5)
Verification as to whether or not easements are occupied. In the
event that an easement is no longer required and is unoccupied, documentation
of release shall be required. In the event that an easement is required
and/or is occupied, such easement shall be identified on the administrative
plat.
(6)
A separate exhibit showing existing structures in relation to the
proposed lot lines (if applicable).
D.
Administrative review and action. Upon submittal, the Planning Department
shall forward the application and all supplemental information to
the City Administrator, City Engineer, and Public Works Department
for review and comment.
E.
Administrative action. The City Administrator, City Engineer, and
Planning Director shall all approve or deny the request for a lot
line adjustment or lot consolidation within 15 business days of the
filing date. In the event of denial, the Planning Director shall give
the applicant a written statement of the reasons for the denial.
F.
Administrative certificate of approval.
(1)
The administrative plat shall include a certificate of approval to
be signed by the City Administrator, Planning Director, and the City
Engineer.
(2)
Upon receiving approval, the applicant shall submit four reproducible
Mylars to the Sarpy County Register of Deeds office for filing and
recording. The administrative plats stamped by the Sarpy County Register
of Deeds shall be distributed as follows:
(3)
Upon filing of the administrative plat, the applicant shall file
and record any required easement dedications with the Sarpy County
Register of Deeds and promptly provide proof of filing to the Planning
Department.
G.
Filing time limit. Approval of the lot line adjustment or lot consolidation
shall become null and void if the applicant has not filed and recorded
the administrative plat with the Sarpy County Register of Deeds within
90 days of the date of approval. It shall be the responsibility of
the applicant to promptly furnish the Planning Department with one
original administrative plat that has been filed and recorded with
the Sarpy County Register of Deeds to show compliance with this requirement.
A.
Small subdivision defined. For purposes of this section, the property
owner may be eligible to seek subdivision approval of a small subdivision,
provided the following conditions are met:
(1)
The tract of land consists of existing platted lots or blocks.
(2)
The small subdivision does not contain more than six lots.
(3)
All required public improvements have been installed. Neither the
extension of municipal facilities nor the creation of any public improvements
would be required as a result of the small subdivision.
(4)
No new dedication of public rights-of-way or easements is involved.
The subdivision fronts on an existing street and does not involve
any new street or road.
(5)
The approval of the small subdivision would not adversely affect
the remainder of the parcel or adjoining property.
B.
Administrative approval. The Planning Director shall have the right to approve small subdivision plats in compliance with Subsection A of this section, provided that the following conditions are met:
(1)
The City Engineer and City Administrator have affixed their signature
to the small subdivision plat Mylar.
(2)
The small subdivision is not in conflict with any provisions or portion
of the Comprehensive Plan, the Zoning Ordinance, or this chapter.
(4)
The small subdivision would not require the vacation of any occupied
utility easements. The Planning Director may waive this requirement
upon receipt of written verification that utilities have been removed
or relocated and easements have been vacated.
(5)
The parcel has not been previously denied replatting by the City
Council.
(6)
The small subdivision would not allow a duplex, townhome, condominium,
or multiple-family development on land previously platted for single-family
development.
(7)
The small subdivision primarily involves a change in interior lot
boundaries.
C.
Small subdivision application for administrative approval. An application
for small subdivision administrative approval shall be submitted to
the Planning Department. A separate site plan prepared under the supervision
of, and certified by, a registered State of Nebraska land surveyor
may be required for plats with existing structures to determine their
location in relation to proposed lot lines, easements, or street rights-of-way.
The following shall be submitted with the application.
E.
Administrative action. The Planning Director or designee shall approve
or deny the small subdivision within 15 business days of the filing
date. In the event of denial, the subdivider shall be provided with
a written statement of reasons for the denial.
F.
Administrative certificate of approval. In lieu of § 170-12B(12) and (13) of this chapter, small subdivisions eligible for administrative approval shall include certificates of approval to be signed by the Planning Director, the City Engineer, and the City Administrator. Upon receiving administrative approval, the small subdivision plat shall be filed and recorded with the Sarpy County Register of Deeds as specified in Subsection I of this chapter.
G.
Appeal of administrative denial. The subdivider has the privilege of requesting Planning Commission and City Council review in accordance with § 170-12 of this chapter if the plat was administratively denied.
H.
Planning Commission and City Council review and action. If the small subdivision does not qualify for administrative approval or has been administratively denied, an application for a final plat may be submitted in accordance with § 170-12 of this chapter.
I.
Approved small subdivision plat filing. Upon receiving approval,
the applicant shall submit a minimum of four reproducible Mylars to
the Sarpy County Register of Deeds office for filing and recording.
The administrative small subdivision plat Mylars stamped by the Sarpy
County Register of Deeds shall be distributed as follows:
J.
Easement filing. Upon filing and recording of the administrative
small subdivision plat, the applicant shall file and record any required
easement dedications with the Sarpy County Register of Deeds and promptly
provide proof of filing to the Planning Department.
