§ 11-1215 LOT SPLITS; GENERAL INTENT; APPLICATION PROCEDURE; 120-DAY OBJECTION PERIOD FOR CONVEYANCES NOT IN COMPLIANCE; APPLICATION FOR WAIVER AND NOTICE OF CONVEYANCE; APPROVAL GUIDELINES.

   (A)   The Planning Commission is hereby authorized to approve or disapprove lot splits in accordance with the following regulations.

(2005 Code, § 11-1232)

   (B)   Requests for lot split approval shall be made by the owner of the land to the City Clerk. Four copies of a drawing to scale of lots involved if there are no structures thereon, or if structures are located on any part of the lot being split, four copies of a survey of the lot(s) and the location of the structure(s) thereon, together with the precise nature, location and dimensions of the split, shall accompany the application. The application shall be accompanied by the names and addresses of all persons to receive notices. Written notices shall be given to all owners of land within 200 feet of the property proposed to be split. Such owners shall have ten days from the date of notification to notify the City Clerk of any protests they may have concerning the lot split. The ten-day waiting period may be waived upon submission in writing of statements from those to be notified that they have no objection to the proposed lot split.

(2005 Code, § 11-1233)

   (C)   (1)   The Mayor and Council of the city hereby retroactively waive the 120-day period provided by Neb. RS 76-2,110 subject to the approval of each conveyance by the City Zoning Administrator or his or her duly appointed representative.

      (2)   In the event that the City Zoning Administrator or his or her designated officer disapprove the subject conveyance for any reason whatsoever, the application for waiver or notice of conveyance shall be presented to the City Council for review and determination.

      (3)   In the event that the City Council refuses to approve the said application for waiver or the conveyance for which notice has been received, it shall establish a date when the matter can be aired at a public hearing. After which, the City Council shall either waive or deny the subject conveyance.

(2005 Code, § 11-1233.01)

   (D)   Approval or disapproval of lot splits shall be made based on the following guidelines:

      (1)   No lot split shall be approved if:

         (a)   A new street or alley is needed or proposed;

         (b)   A vacation of streets, alleys, setback lines, access control on easements is required or proposed;

         (c)   If such action will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets and the like) or will interfere with maintaining existing service levels (e.g., additional curb cuts, repaying and the like);

         (d)   There is less street right-of-way than required by these regulations or the Comprehensive Plan unless such dedication can be made by separate instrument;

         (e)   All easement requirements have not been satisfied;

         (f)   If such split will result in a tract without direct access to a street; and

         (g)   A substandard sized lot or parcel will be created.

      (2)   The Planning Commission may make such additional requirements as deemed necessary to carry out the intent and purpose of existing land development regulations and governing body policy. Requirements may include, but not be limited to, installation of public facilities, dedication of right-of- way and easements, and submission of covenants for the protection of other landowners in the original subdivision.

      (3)   The Planning Commission shall, in writing, either approve with or without conditions or disapprove the lot split within 30 days of application. If approved, and after all conditions have been met, the Planning Commission Chairman shall sign and furnish a certificate of approval to be affixed to the lot split survey, and a certified copy thereof shall be filed with the Register of Deeds, the official designated to issue building or occupancy permits and a copy shall be furnished to the applicant.

(2005 Code, § 11-1234)

(Ord. 906, passed 10-5-1982)

§ 11-1216 DESIGN STANDARDS; SCOPE; DEVELOPMENT PLAN; ACCESS; PARKS, PLAYGROUNDS, OPEN SPACE, SCHOOLS, STREETS AND PUBLIC FACILITY SITES; STREETS, LAYOUT AND DESIGN; BLOCKS; LOTS; EASEMENTS; BUSINESS, COMMERCIAL AND INDUSTRIAL SUBDIVISION; PLANNED UNIT DEVELOPMENT.

   (A)   All subdivisions of land subject to these regulations shall conform to the design standards of this section.

(2005 Code, § 11-1235)

   (B)   No subdivision shall conflict with the Comprehensive Plan of the city.

(2005 Code, § 11-1236)

   (C)   All lots located in any subdivision shall be served directly by a public street; except that, private streets may be permitted as a part of a planned unit development or equivalent thereto.

(2005 Code, § 11-1237)

   (D)   The proposed subdivision of land should provide open spaces suitably located and of reasonable size for parks, playgrounds, play lots and other recreational areas as well as reservation of land for school sites, fire station sites, other public facilities and future streets (such as freeways). The Planning Commission, based on the Comprehensive Plan, may require as a condition precedent to approval of any subdivision plat.

      (1)   The said subdivider offers to sell to the appropriate public body, agency or authority, lands, sites and locations for parks, playgrounds, open space, schools, streets (e.g., freeways and expressways) or other public facilities; however, nothing herein shall be construed as to prohibiting the subdivider from making an offer of dedication of such lands. As soon as the preliminary plat has been approved, the Planning Commission shall give 45 days’ notice to the governing body, agency or department that it appears that lands should be considered for public acquisition. If, within that 45 days, the body receiving notice fails to act or submit a negative report on acquisition, then the subdivision and design thereof shall be treated as if no such request for land had been made.

      (2)   If the body receiving notice replies in writing that they desire to acquire land within the subdivision, they shall have an additional 45 days after making such reply to make arrangements for such land acquisition.

      (3)   The time allocated for making the above determination may be extended with the mutual consent of the subdivider and the agency involved.

(2005 Code, § 11-1238)

   (E)   (1)   The arrangement, character, extent, width, grade and location of all streets shall conform to the general development plan and shall be considered in their relation to existing and planned streets, topographical conditions, to public convenience and safety and their appropriate relation to the proposed uses of the land to be served by such streets.

      (2)   Where such is not shown on the General Development Plan, the arrangement of streets in a subdivision shall either:

         (a)   Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

         (b)   Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographic or other conditions make continuance or conformance to existing streets impracticable.

      (3)   Local streets shall be laid out so that their use by through traffic will be discouraged.

      (4)   (a)   If a subdivision abuts or contains an existing or proposed limited access highway or arterial street, the Planning Commission may require marginal access streets, reverse frontage with screening planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

         (b)   If a subdivision borders on, or contains a railroad right-of-way or a limited access highway, the Planning Commission may require streets or easements approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

      (5)   Reserve strips controlling access to streets shall be prohibited, except where their control is placed with the governing body under conditions approved by the Planning Commission.

      (6)   Street jogs are to be avoided on arterial and collector streets. On local streets, centerline offsets of less than 150 feet shall be avoided.

      (7)   Wherever possible, there shall be an inside tangent at least 50 feet in length introduced between reverse curves on arterial and collector streets.

      (8)   (a)   Streets shall be laid out so as to provide for horizontal sight distances on all curves. These distances shall be:

            1.   Local streets: 200 feet;

            2.   Collector streets: 300 feet; and

            3.   Arterial streets: 500 feet.

         (b)   The sight distance shall be measured within street rights-of-way from a height of four feet above the proposed pavement surface in the right-hand lane of the roadway.

      (9)   Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 80 degrees.

      (10)   (a)   Street right-of-way widths shall be as shown on the General Development Plan, and where not shown thereon, shall not be less than as follows:

 

Street Type	Right-of-Way in Feet
Arterial	100 feet, except that 150 feet of right-of-way shall be required within 350 feet from the intersection of the centerlines of an arterial street with any other arterial or collector street
Collector	80 feet
Frontage roads (with two-way traffic)	40 feet
Local, for commercial areas	80 feet
Local, for industrial areas	60 feet
Local, for residential areas	60 feet

 

         (b)   The foregoing rights-of-way shall be the minimum required to be dedicated for street purposes, except as provided. Any additional right-of-way required above the minimum shall be obtained at city and/or county obligation.

      (11)   Widths of all roadways, alleys and sidewalks shall be in accordance with the following:

         (a)   Urban subdivisions:

Roadway Type	Roadway Width (Back of Curb to Back of Curb)
Alley	18 feet
Arterials	52 feet or more (variable)
Industrial and commercial collector	43 feet
Local residential	36 feet
Marginal access	31 feet
Residential collector	43 feet
Sidewalks	4 feet

 

         (b)   Suburban subdivisions:

 

Collector, commercial or industrial with no parking	40 feet
Local residential	24 feet
Sidewalks	Not required

 

      (12)   Half streets shall be avoided, except for arterial streets and collector streets where applicable, or where they are essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; or, when the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided. Whenever a half street, or portion thereof, is existing and adjacent to a tract to be subdivided, the other half of the street based on standards in subsection (E)(10) above shall be platted within such tract.

      (13)   Dead end streets, designed to be so permanently, shall not be longer than seven times the average lot width or 600 feet, whichever is less, and shall have a turn-around at the closed end that has an outside roadway diameter of at least 86 feet and a street property line diameter of at least 120 feet, or shall have an alternate turn-around area such as hammer-heads and the like, as may be approved by the Planning Commission as providing service equal to the foregoing requirements.

      (14)   No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existing streets even though separated by undeveloped land. Street names shall be subject to the approval of the governing body.

      (15)   Roadway grades, wherever feasible, shall not exceed the following with due allowance for reasonable vertical curves:

 

Roadway Type	Percent Grade
Arterial	4%
Collector	5%
Local	6%
Marginal access and frontage roads	6%

 

      (16)   No roadway grade shall be less than 0.5% unless approved by the appropriate engineer. Greater percentages of grade may be required where necessary to provide adequate drainage.

      (17)   (a)   Roadway pavement at intersections shall be rounded by the following minimum radii:

 

Type of Roadway	Intersecting With	Minimum Curb Radii
Business, commercial or industrial collector or arterial	Business, commercial or industrial collector or arterial	50 feet
Local residential	Local residential	20 feet
Local residential	Collector	30 feet
Local residential	Arterial	30 feet

 

         (b)   Right-of-way lines may be required to be rounded by an arc having at least the same radii as the arc of the curb when normal right-of-way requirements are not sufficient to allow the construction of roadways having the radii set out alone.

(2005 Code, § 11-1239)

   (F)   (1)   Alleys shall be provided in commercial and industrial districts; except that, the Planning Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking spaces consistent and adequate for the uses proposed. Alleys in residential districts are to be discouraged.

      (2)   When provided, the width of an alley shall be 20 feet.

      (3)   Alley intersections and sharp changes in alignment shall be avoided, but, where necessary, a turning radius shall be provided to permit safe vehicular movement.

      (4)   Dead end alleys shall be avoided where possible, but if unavoidable, such alleys shall be provided with adequate turn-around facilities at the dead end.

(2005 Code, § 11-1240)

   (G)   (1)   The lengths, widths and shapes of blocks shall be determined with due regard to:

         (a)   Provision of adequate building sites suitable for the special needs of the type of use contemplated;

         (b)   Zoning requirements as to lot sizes and dimensions;

         (c)   Need for convenient access, circulation, control and safety of street traffic; and

         (d)   Limitations and opportunities of topography.

      (2)   A block should not exceed 1,300 feet in length, unless such block is adjacent to a limited access highway or arterial street or unless the previous adjacent layout or topographical conditions justify a variation of this requirement.

      (3)   All blocks shall be so designed as to provide two tiers of lots, unless a different arrangement is required in order to comply with subsections (E)(4) and (E)(12) above or is permitted by subsection (G)(6) below.

      (4)   Blocks may be irregular in shape; provided, they are harmonious with the overall pattern of blocks in the proposed subdivision; and, provided, their design meets the requirements of lot standards, traffic flow and control considerations and development plan requirements.

      (5)   In blocks of 800 feet or more in length, a public crosswalk for pedestrian travel may be required to provide access to public or private facilities such as schools or parks. Such crosswalk shall have a right-of-way not less than ten feet and extend entirely across such block at approximately the midpoint of the length of such block. A sidewalk shall be placed along the length of such right-of-way, and constructed in accordance with the requirements for sidewalk improvements in § 11-1217 of this article.

(2005 Code, § 11-1241)

   (H)   (1)   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.

      (2)   The maximum depth of all residential lots shall not exceed two and one-half times the width thereof. For all other lots, the depth shall not exceed three times the width.

      (3)   The minimum widths of residential lots measured at the setback lines thereof shall not be less than:

         (a)   Sixty feet when the lot contains an area of 6,000 square feet, but less than 9,000 square feet;

         (b)   Seventy-five feet when the lot contains an area of 9,000 square feet or more, but less than 15,000 square feet;

         (c)   Ninety feet when the lot contains an area of 15,000 square feet or more, but less than 20,000 square feet;

         (d)   One hundred feet when the lot contains an area of 20,000 square feet or more, but less than 30,000 square feet;

         (e)   One hundred twenty-five feet when the lot contains an area of 30,000 square feet or more, but less than one acre; and

         (f)   One hundred fifty feet when the lot contains an area of one acre or more.

      (4)   Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less the minimum lot widths set forth in subsection (G)(3) above, shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their lot frontage, as measured on the arc of such right-of-way line, is not less than 50% of the required lot width measured at the building setback line.

      (5)   The area of the street right-of-way line shall not be included and calculated in the area of the lot with respect to minimum lot area requirements of these regulations or of any zoning ordinance applicable to the property. Lots shall be required to have more than the minimum area dimensions provided for in this section where such greater area or dimensions are required to meet the yard requirements of this chapter.

      (6)   There shall be no double frontage lots for individual dwellings (e.g., single- and two-family units), except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision in small units. Double frontage lots shall not have vehicular access between such lots and an abutting limited access highway or arterial street; moreover, lots abutting such highway or street shall have an additional depth of ten feet from the required depth in order to allow a protective screening between the lot and such highway or street if such screening is not required under subsection (E)(4) above.

      (7)   The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

      (8)   Corner lots for residential use shall have extra width to permit appropriate building setback from an orientation to both streets.

      (9)   Reversed frontage lots shall be avoided except where such are essential to provide a separation of residential development from limited access highways and arterial streets or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such limited access highway, arterial street or other disadvantageous use if such screening is not required under subsection (E)(4) above.

      (10)   Lots on arterial street intersections and all acute angle intersections which, in the opinion of the Planning Commission, are likely to be dangerous to traffic movement shall have a radius of 20 feet at the intersection of street rights-of-way. On business, commercial and industrial lots, a chord may be substituted for a circular arc.

(2005 Code, § 11-1242)

   (I)   Easements shall be provided for utilities where necessary and centered on rear or side lot lines and shall be at least 20 feet wide along rear lot lines and ten feet wide along side lot lines; except that, easements for street lighting purposes shall not in any event be required to exceed ten feet. Side lot easements when needed for other than street lighting purposes may exceed ten feet. If a subdivision is traversed by a watercourse, drainage way, channel or stream, then a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substantially to the lines of such water course and shall be of such width or construction, or both, as may be necessary to provide adequate storm water drainage and for access or maintenance thereof. Parallel streets or parkways may be required in connection therewith.

(2005 Code, § 11-1243)

   (J)   (1)   Streets. Notwithstanding the other provisions of this regulation, the minimum width of streets adjacent to areas designed, proposed or zoned for business, commercial or industrial use may be increased by the Planning Commission to such extent as the Commission may deem necessary to assure the free flow of through traffic without interference from parked or parking motor vehicles.

      (2)   Blocks. Blocks intended for business, commercial or industrial use shall be designed specifically for such purpose, with adequate spaces set aside for off-street parking and loading.

      (3)   Marginal street access. When lots or blocks in a proposed business, commercial or industrial subdivision front on any limited access highway or arterial street, the subdivider may be required to dedicate and improve a marginal access street to provide ingress and egress to and from such lots or blocks.

(2005 Code, § 11-1244)

   (K)   (1)   A comprehensive group development, including the townhouses, garden apartment complexes and condominiums together with necessary drives and ways of access may be approved by the Planning Commission although the design of the project does not include standard street, lot and subdivision arrangements; provided that, departure from the standards of regulations can be made without destroying their intent.

      (2)   For all condominium plats, the following shall apply.

         (a)   The plat must be in three dimensions with vertical control to U.S.G.S. datum.

         (b)   A benchmark must be set on or near the building at ground level for future reference in locating units in the plat.

         (c)   Each floor plan of the permanent structure must be shown as well as basement and roof levels and area of plot plan. The dimensions and ties shown for each parcel must be definite enough with respect to both vertical and horizontal control so that the boundaries of each apartment may be accurately located by the use of standard survey methods.

         (d)   All unit or apartment property lines shall be the interior surfaces of the perimeter walls, floor, ceiling, windows and doors thereof.

         (e)   A condominium plat must contain all of the certifications and approvals required for any plat. There must also be an approval by the officials authorized to issue building or occupancy permits indicating that the building plans have been approved by his or her office and that the plat is in agreement with the building plan.

(2005 Code, § 11-1245)

§ 11-1217 INSTALLATION OF REQUIRED IMPROVEMENTS; SUBDIVISION TYPES; ENGINEERING JURISDICTIONS; REQUIRED IMPROVEMENTS; EXCEPTIONS FOR EXISTING IMPROVEMENTS; AGREEMENT, BOND, DEPOSIT, PETITIONS AND ORDINANCES GUARANTEEING INSTALLATION; AVAILABILITY OF CITY SERVICES AND FACILITIES; VACATION OF UNDEVELOPED SUBDIVISION; SUBMISSION OF PETITIONS.

   (A)   (1)   For purposes of this section, subdivisions shall be classified into the following types:

         (a)   Urban subdivisions. All subdivisions lying within the city and those subdivisions in unincorporated areas having or intended to have a density of more than one dwelling unit per 20,000 square foot lot, and all subdivisions or portions thereof, for commercial, industrial and public or semi-public purposes (directly related to an urban residential subdivision); and

         (b)   Suburban subdivisions. All other lands in incorporated or unincorporated areas required to be platted either by statute or by these subdivision regulations.

      (2)   In interpreting this section, any time an ownership of a tract of land is split by the application of the extraterritorial zoning limit as defined in § 11-1204 of this article, said tract shall be considered to be within the city’s jurisdiction only if over 50% of the area of the tract lies directly within such jurisdiction. If over 50% of the tract lies within the city’s jurisdiction, then the entire tract shall be considered to lie within this jurisdiction.

(2005 Code, § 11-1246)

   (B)   In setting standards and specifications approving engineering drawings, inspecting improvements, recommending acceptance of improvements, preparing any petition forms and establishing the amount of surety for guaranteeing the installation of such improvements, the following engineers, departments, agencies or personnel shall be designated as the “appropriate engineer” for the type of required improvement listed:

Improvement	Governing Body
Benchmarks and monuments	City Council
Fire hydrants	City Council
Roadways, alley, curbs and gutters, sidewalks and street drainage	City Council
Sanitary sewer system	City Council1
Storm sewer system	City Council2
Street signs	City Council
Underground wiring	Utility company involved
Water supply systems	City Council
NOTES TO TABLE: 1With the approval of the state’s Board of Health and the county’s Health Department when required by law. 2On major water courses or drainage channels which may have a relationship to the drainage in the unincorporated areas, the facilities and improvements.

 

(2005 Code, § 11-1247)

   (C)   No building permit shall be issued for any lot in any subdivision until the subdivider or lot owner shall install or provide for the Installation of the following facilities and improvements for such lot:

      (1)   All roadways, alleys, curbs, gutters and street drainage facilities in accordance with the standards set by the city. All urban streets shall be constructed of an approved all weather hard surfaced material connecting with an approved all weather street in the city and no gravel or sanded roadways shall be constructed in the urban area or to serve urban service standard. All suburban or rural roadways required by these regulations shall be constructed with gravel or sanded surface and no other materials such as oiled surface, macadam or similar materials shall be used. If other than gravel or sanded surface materials are used, urban construction standards as described above shall be used;

      (2)   Sidewalks shall be required in accordance with the standards set by the city under the following conditions.

         (a)   Urban. On both sides of the street wherever urban streets are required, except:

            1.   Along streets adjacent to large non-pedestrian generating uses as may be determined by the Planning Commission (e.g., local streets along cemeteries); streets along parks that are developed with walks and trails; and

            2.   Where the lots have no direct access to the abutting street. The sidewalk shall be guaranteed from curb to curb of intersecting streets rather than to property lines. Sidewalks shall be constructed as near as possible to property lines rather than curb lines.

         (b)   Suburban. Although not normally required, the City Council may require sidewalks when needed to service pedestrian traffic flow leading to schools, parks or places of public assembly.

      (3)   All sanitary sewer and sewerage treatment systems are as approved by the state’s Board of Health.

         (a)   1.   Laterals in accordance with the standards of the city. On a temporary basis, where permanent facilities are in the planning or construction stage, temporary facilities may be used; provided, lot sizes shall be those designed for use with a municipal system and provided restrictive covenants or other such devices shall be used to guarantee the proper spacing and lot areas for development needed for proper utilization of the temporary facilities. If individual treatment systems are used, then the minimum aggregate building site areas prescribed in subsection (C)(4) below shall be followed.

            2.   Mains and submains shall be installed at the direction of the governing body. The cost of such installation may be assessed to properties benefitted or paid from other funds.

         (b)   Within unincorporated areas designated for urbanized growth as shown on an adopted general development plan, or on a map approved by the governing body which shows areas designated for future growth or showing areas of future sewer line extensions, the following requirements shall apply:

            1.   Laterals in accordance with the standards of the city. Temporary facilities may be used as provided in subsection (C)(3)(a) above; and

            2.   Mains (and submains) shall be installed at the direction of the governing body. The extensions of such mains shall be made at the discretion of the governing body and shall be limited to the extent that is reasonable, based on the expected rate of growth and the utilization of such line compared to the cost of such extension. The cost of such construction shall be paid by the subdivider and also shall provide a treatment system (such as a “package plant”) satisfactory to the appropriate engineer. When the subdivider is required to provide the main sewer, treatment facilities or submain sewer, the governing body may participate in such costs to the degree that it determines the public interest is served.

         (c)   For urban subdivisions in other areas, the subdivider shall provide municipal-type sanitary sewer service approved by the city.

         (d)   In all other areas, individual treatment systems may be used; provided, there shall be at least 20,000 square feet of lot area per dwelling unit; and, provided further that, additional lot area may be required in those areas suspected of having a high water table or having unsuitable soil conditions when based on percolation tests. In those areas unable to support individual treatment systems, the subdivision shall not be approved unless a substitute method of sewage disposal is provided as approved by the city.

         (e)   In any of the above requirements calling for, or dependent on, action by a governing body or agencies or departments thereof, when the governing body does not fulfill its obligation, within a period of time (not to exceed five years) determined by the Planning Commission at the time of final plat approval, then the requirements for municipal-type sewer facilities shall be void and the subdivider may proceed with approved individual treatment systems.

      (4)   (a)   A water supply system in accordance with the standards of the city shall be provided in all areas where lateral sanitary sewers are required and in all urban subdivisions.

         (b)   In all other areas, a water supply approved by the county’s Department of Health shall be provided. In those areas where there is a water supply system, mains shall be of such size as to support the use of fire hydrants as required by subsection (C)(5) below.

      (5)   Fire hydrants, in accordance with the standards of the city, shall be provided wherever there shall be required a water supply system;

      (6)   A storm sewer system, separate and independent of the sanitary sewer system, meeting all of the specifications and requirements of the city. Such storm sewer shall be connected to any existing storm sewer system, where available, of the city, or the system of the county or to the nearest major water channel, if such connection is not available, other adequate means for the discharge of such storm sewer system shall be provided by the subdivider;

      (7)   Street signs of such location, type and size as shall be approved by the city, giving due regard to the prevailing type, size and pattern of location utilized throughout the area;

      (8)   (a)   Underground wiring in residential subdivisions, including both electric power and telephone service, except:

            1.   For lines operated at 3,500 volts or greater;

            2.   Appurtenances serving such lines which may be mounted on the ground, such as transformers, transformer pads and telephone service pedestals; and

            3.   For those proposed subdivisions or replats of existing subdivisions located in areas which presently have an overhead type of distribution system.

         (b)   All such construction and installation shall be under contract with the utility. Construction or installation shall occur after sanitary sewer mains, if any, are in place. CATV, if installed, shall be placed underground in accordance with the above requirements.

         (c)   Nothing in this section shall be construed as to requiring underground installation of lines beyond the boundaries of the area contained in the preliminary plat.

      (9)   Monuments shall be placed at all block corners, lot corners, angle points, points of curves in streets and at intermediate points as shall be required by the city. Benchmarks may also be required as determined necessary by the city. The monuments and benchmarks shall be of such material, size and length as may be approved by the appropriate engineer.

(2005 Code, § 11-1248)

   (D)   (1)   Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements set out in subsection (C) above, and where such improvements meet the requirements of said subsection (C) above and are in good condition as determined by the city, no further provision need be made by the subdividers to duplicate such improvements. However, where such existing improvements do not meet the requirements of subsection (C) above, the subdivider shall provide for the repair, correction or replacement of such improvements so that all improvements will then meet the aforesaid requirements of subsection (C) above.

      (2)   Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by these regulations and/or Planning Commission policy, and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these regulations and the appropriate engineer. The city shall determine what adjustment to make where the aforesaid widenings merge with existing streets which are of smaller width at the boundary of such proposed subdivision. The city may reduce the minimum roadway required by these regulations to match an existing roadway system if the extension of such roadway is already improved at each end of the roadway in the subdivision and the roadway in the subdivision to be reduced is two blocks or less in length. The city may also require lanes to be painted on such widened streets designated driving lanes and parking areas. The foregoing provisions requiring the widening of pavement may be waived by the Planning Commission when the length of such pavement is less than 135 feet.

(2005 Code, § 11-1249)

   (E)   Except for monuments and underground wiring, one of the following methods shall be used by the subdivider to guarantee that improvements required by these regulations can or will be installed in accordance with the approved plans and specifications.

      (1)   The effective date of a valid ordinance creating the improvement district and in the case of a street improvement district, the expiration of 20 days after the first publication of the notice of creation of district without receipt of any valid petition of land owners in objection to such district.

      (2)   Fiscal sureties may be offered and the following shall apply.

         (a)   Upon final approval of plans or specifications for required improvements, the owners and/or the subdivider of the land proposed to be subdivided shall enter into an agreement with the city, under which the owners and/or subdivider agree to install such required improvements at their own expense in accordance with the theretofore approved plans and specifications, within the time prescribed by the provisions of these regulations. Such agreement shall be conditioned upon the approval of the final plat of subdivision.

         (b)   Simultaneously with the execution of the agreement provided for in subsection (E)(2)(a) above, the owner and the subdivider of the land proposed to be subdivided shall furnish a corporate completion bond by a firm authorized to do business in the state with good and sufficient sureties thereon, or a cashier’s check, escrow account or irrevocable letter of credit in favor of the governing body, in the amount of the estimated cost as approved by the official responsible for setting and enforcing the applicable design and construction standards of the installation of the required improvements as aforesaid. Such financial guarantee shall be conditioned upon the approval of the final plat and further conditioned upon the actual completion and installation of such required improvements within two years from the date that the final plat is approved by the Planning Commission.

         (c)   Simultaneously with the execution of the agreement provided for in subsection (E)(2)(a) above, if the subdivider furnishes a corporate completion bond, he or she shall also deposit in escrow with the governing body who is to accept such improvements, cash in the amount of 15% of the cost of all improvements to be made in accordance with the plans and specifications for required improvements therefor approved by the Planning Commission. If a subdivider furnishes a cashier’s check, escrow account or irrevocable letter of credit in favor of the governing body, 15% of the amount of such cashier’s check, escrow account or letter of credit of the governing body shall be held as a deposit in escrow after the final completion of such improvements. The subdivider shall agree that such deposit in escrow may be held by the governing body for a period of 18 months after the final completion of such improvements for the purpose of:

            1.   Guaranteeing and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the governing body; and

            2.   Guarantee against any damage to such improvements by reason of the settling of the ground, base or foundation there of. Such escrow agreement shall also provide that, as such defects have so developed, that the deposit may be applied by the governing body for any amounts incurred correcting such defects; and that the balance of such deposit, if any, held at the end of such 18 month period shall be returned by the governing body to the depositor, or paid to the order of the depositor without payment of interest by the governing body.

         (d)   Prior to offering any improvement to the governing body, the subdivider shall furnish good and sufficient guarantee that all indebtedness incurred for supplies, materials, labor furnished or engineering and professional services in the construction of improvements shall have been paid in full and that there are no claims for damage or suits against such contractor involving said improvement.

      (3)   Valid petitions under state law for street and/or alley improvements to the governing body of the city pursuant to Neb. RS 16-624 may be submitted as a means of guaranteeing to the governing bodies the authority to install improvements at such time as they deem appropriate.

      (4)   Monuments and benchmarks shall be installed by the subdivider before the subdivision plat is released for recording with the Register of Deeds.

      (5)   The subdivider shall, prior to the release of the subdivision plat, submit a letter from the utility(ties) involved stating that satisfactory arrangements have been made by the subdivider guaranteeing the installation of underground wiring.

(2005 Code, § 11-1250)

   (F)   The city shall not be obligated to provide city water service, sewer service or facilities; maintenance of any sewer lines, water lines, treatment facilities, or streets until such subdivision is within the city limits of said city.

(2005 Code, § 11-1251)

   (G)   When no lots on a plat of a subdivision have been sold, the subdivider may request the city to approve the vacation of the plat prior to the time that the improvements covered by these regulations are installed and, if such request is approved and such plat is vacated, all fiscal sureties may be returned to the subdivider.

(2005 Code, § 11-1252)

   (H)   If petitions are submitted to meet the requirements of this section, the subdivider shall so indicate at the time of submission of the preliminary plat. If the petition method is authorized by the Planning Commission, petitions shall accompany the final plat and shall be acceptable for submission to the governing body.

(2005 Code, § 11-1253)

§ 11-1218 IMPROVEMENT PROCEDURES; FINAL IMPROVEMENT PLANS; CONTENT OF ENGINEERING DRAWINGS; REVIEW OF PLANS; APPROVAL BY PLANNING COMMISSION; CONSTRUCTION OF IMPROVEMENTS; INSPECTION; INSPECTION PROCEDURES; FINAL INSPECTION; REPORT TO PLANNING COMMISSION AND GOVERNING BODY; ACCEPTANCE OF IMPROVEMENTS.

   (A)   In other instances when petitions have not been authorized for submission, upon the approval of the preliminary plat, the subdivider shall have prepared by a licensed professional engineer (which may be contracted for, with any governmental agency or utility), engineering drawings for proposed required improvements containing the data and information specified in subsection (B) below. Such drawings shall be certified by a licensed professional engineer, and shall be submitted in duplicate to the city at least 30 days prior to the date that approval of the final plat is requested. Failure to do so will be considered automatic consent to an extension of or a waiver by the subdivider of any time limitation for plat approval.

(2005 Code, § 11-1254)

   (B)   Engineering drawings for required improvements shall contain the following data and information:

      (1)   Plans, details, specifications and cost estimates for roadway and sidewalk construction, including plans, profile indicating existing topography and elevation, indicating curb and sidewalk elevation, intersection control elevation and paving geometries for each street with a typical cross section of the roadway. The profiles of grade lines shall be shown to a scale of one inch equals 100 feet horizontal and one inch equals ten feet vertical. This information shall be shown on standard plan and profile sheets unless otherwise required by the appropriate engineer;

      (2)   Plans, profiles, details, specifications and cost estimates of proposed storm drainage improvements;

      (3)   Plans, profiles, details, specifications and cost estimates of proposed water distribution systems and proposed water supply facilities and water hydrants, if any;

      (4)   Plans, profiles, details, specifications and cost estimates of sewage systems and of sewage treatment plants, if any;

      (5)   Grading plans for all lots and other sites in the subdivision;

      (6)   When unusual conditions exist, the Planning Commission may require such additional plans, specifications and drawings as may be necessary for an adequate review of the improvements to be installed;

      (7)   All plans shall be based on city U.S.G.S. datum for vertical control; and

      (8)   All plans for underground wiring shall be prepared by or at the direction of the utility involved.

(2005 Code, § 11-1255)

   (C)   The city or agency responsible for determining specifications and standards referred to in § 11-1217(C) of this article shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with their design standards. If such drawings are consistent and so comply, the reviewing official shall forward to the Planning Commission, a notice that they so conform or comply. In the event that the drawings do not so conform or comply, the reviewing official shall notify the subdivider of the specific manner in which such drawings do not so conform or comply, and he or she may then correct such drawings. If such drawings are not corrected, the reviewing official shall forward to the Planning Commission a notice as to the items of non-conformity or non-compliance.

(2005 Code, § 11-1256)

   (D)   The Planning Commission shall approve a final plat only when the approval of the city has been received that the plans and engineering drawings have been approved or that the appropriate petitions, if authorized, have been filed with the city.

(2005 Code, § 11-1257)

   (E)   No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it shall have been approved and there shall have been compliance with all of the requirements relating to the agreement, bond and deposit specified in § 11-1217(E) of these regulations.

(2005 Code, § 11-1258)

   (F)   All improvements constructed or erected shall be subject to inspection by the city or official responsible for setting and enforcing the applicable design and construction standards of the required improvement. The cost attributable to all inspections required by this regulation shall be charged to and paid by the subdivider. Before any required inspections take place, the subdivider may be required to post a deposit with the City Clerk, to cover the cost of such inspections. The subdivider shall give at least 48 hours’ written notification to such official prior to the performance of any of the following work:

      (1)   All phases of roadway and sidewalk construction; and

      (2)   All phases of construction including, but not limited to, water lines, sanitary sewer lines, storm sewer, underground wiring and other required improvements.

(2005 Code, § 11-1259)

   (G)   After notice is received as specified in subsection (F) above, the official designated in subsection (F) above may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications. If, in the opinion of such official, such work does not comply with such final drawings, he or she shall have authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies. Upon the correction of such defects or deficiencies, the subdivider shall again notify the official as provided in subsection (F) above.

(2005 Code, § 11-1260)

   (H)   Upon completion of ail improvements within the area covered by the final plat, the subdivider shall notify the official designated in subsection (F) above, who shall thereupon conduct a final Inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he or she shall notify the subdivider in writing of such defects, deficiencies or deviations and the subdivider shall, at his or her sole cost and expense, correct such defects or deviations within six months of the date of notification. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the official that the improvements are again ready for final inspection.

(2005 Code, § 11-1261)

   (I)   If a final inspection indicates that all improvements as installed contain no defects, deficiencies or deviations, within ten days from the completion of such inspection, the official shall certify to the Planning Commission, the governing body and utility that all improvements have been installed in conformity with the engineering plans and specifications accompanying the final plat. The receipt of such notification by the governing body or utility shall constitute the date on which the 18-month period specified in § 11-1217(E)(3) of this article shall commence.

(2005 Code, § 11-1262)

   (J)   Upon the receipt by the governing body of the certificate of the official that all improvements have been installed in accordance with the engineering drawings, as approved, and in conformity with the requirements of this regulation and all other applicable statutes, ordinances and regulations, the governing body shall, thereupon, by resolution or utility by letter formally accept such improvements. The improvements shall become the property of the governing body or utility company involved. The improvements shall become the property of the governing body when taken into the city limits of the city.

(2005 Code, § 11-1263)

§ 11-1219 APPEALS GENERAL; APPEALS ON IMPROVEMENT STANDARDS.

   (A)   (1)   The subdivider of a proposed subdivision may appeal decisions made in the enforcement of these regulations by the Administrator to the Planning Commission; by the Planning Commission to the governing body for streets as established in § 11-1218 of this article, unless otherwise provided for in these regulations. Any such appeal shall provide a hearing de novo.

      (2)   In the event the governing body sustains the Planning Commission, the action of the Planning Commission shall be final, except as otherwise provided by law. If the governing body overrules the Planning Commission, the governing body shall make its decision, in writing, stating the reason therefor and, except as provided in subsection (B) below, return such decision and plat to the Planning Commission for reapproval as required by law.

(2005 Code, § 11-1264)

   (B)   Any appeal as to approval as to standards, or plans and engineering drawings in connection with required improvements shall be directed to the governing body and that action shall be final.

(2005 Code, § 11-1265)