[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:
(a) 
The lots involved shall have the same zoning, and the proposed consolidation 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.
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:
(a) 
One to the Papillion Planning Department.
(b) 
One to the Sarpy County Register of Deeds.
(c) 
One to the Sarpy County Surveyor.
(d) 
One to remain with the applicant.
(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.
(6) 
It is the opinion of the Planning Director, the City Engineer, and the City Administrator that the information listed in § 170-11 is not required or has been submitted previously.
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.
(3) 
The small subdivision meets the conditions of § 170-34A.
(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.
(1) 
Application fee as established in the Master Fee Schedule.
(2) 
Four original plats that provide the information as required under § 170-12C of this chapter.
(3) 
A PDF file and an AutoCAD file for the small subdivision plat.
D. 
Administrative review. Upon filing, the Planning Department shall forward the application, copies of the small subdivision plat, and supplemental information, with a request for comments in seven business days, to the following:
(1) 
City Administrator.
(2) 
City Engineer.
(3) 
Public Works Director.
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:
(1) 
One to the Papillion Planning Department.
(2) 
One to the Sarpy County Register of Deeds.
(3) 
One to the Sarpy County Surveyor.
(4) 
One to remain with the applicant.
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.