§ 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)