A.

General Scope. This section sets out regulations for the substantive review of subdivision plats to be applied in addition to the other applicable land development regulations of this UDC.

B.

Purpose. These regulations are designed, intended, and should be administered in a manner to:

1.

Implement the comprehensive plan.

2.

Establish adequate and accurate records of land subdivision.

3.

Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of appropriate adjoining tracts.

4.

Provide for adequate, safe, and efficient public utilities and improvements.

5.

Provide for general community facilities and public spaces.

6.

Provide for adequate facilities for public parks, schools, and other public purposes (including, but not limited to, libraries, fire stations, public buildings, and other similar facilities).

7.

Provider for light, air, and other spaces for the public.

8.

Provide for protection from fire, flood, and other danger.

9.

Provide for proper design of storm drainage facilities and streets.

10.

Provide for the administration and regulation of resource protection areas and open spaces as might be articulated by policies in the comprehensive plan.

11.

Protect groundwater and surface water from contamination by storm water runoff and other sources of pollution.

12.

Reduce potential impacts of new development on street congestion by providing alternative travel routes, provide a meaningful choice of alternative modes of transportation, shorten journey to work trips, or lessen overall vehicle miles traveled.

C.

Review of Incorporation Documents. The planning commission shall recommend and the city council shall approve only those covenants, conditions, and restrictions that relate to the development approval, and its right of enforcement shall extend only to those matters and matters that substantially bear upon them. The city will not seek to intervene in purely private disputes about covenants, conditions, and restrictions.

A.

Generally. The provisions of this section are intended to guide the application of the other standards of this UDC, or provide limited relief from them in specific circumstances, in order to encourage development design that implements the comprehensive plan and to enhance the overall quality of life in the city. This section also sets out the city's interest in and requirements for covenants, conditions, and restrictions ("CCRs") that apply to new development. This section does not affect existing CCRs to which the city is not a party, nor does it affect the amendment of such CCRs.

B.

Jurisdiction. This section is to govern the subdivision of lands within the corporate limits of Fremont, and within two miles adjacent to the corporate limits.

C.

Subdivision and Development Design.

1.

Generally. Set out in Section 11-706, Subdivision and Development Design, are qualitative standards for the layout of development. These standards are intended to help arrange the elements of the site that are required by Article 7, Subdivision Design and Land Development.

2.

Limited Exceptions. Where the application of the standards of this section conflict with specific design standards elsewhere in this UDC that may apply to a proposed development, the more restrictive standards take priority, or if the conflict cannot be reconciled, shall supersede the standards of this section to the extent of the conflict.

D.

Covenants, Conditions, and Restrictions. In cases where there are common areas of improvements, covenants, conditions, and restrictions will be recorded to provide for their future operation and maintenance. Set out in Section 11-704, Covenants, Conditions, and Restrictions ("CCRs"), are the basic requirements for these documents and the limitations on the city's review and approval of them.

No subdivision shall have a name that is substantially similar to the name of another subdivision in the city or in Dodge County, except that a group of related, adjacent subdivisions that are part of an overall plan of development may be named according to a common theme, or given the same name followed by a phrase or number to identify each phase of the project.

A.

Verification.

1.

Proposed street names shall be checked by the applicant to ensure that names of existing or planned streets within the city and within the two-mile extra-territorial area are not duplicated.

2.

No street names shall be approved which will duplicate or be confused with names of existing streets in the city or within the two-mile extra-territorial area unless the new street is an extension of, or in alignment with an existing street.

B.

Naming Conventions. Streets shall be named according to the following conventions:

1.

Streets that extend existing streets shall be assigned the same name as the existing street.

2.

Streets that are on the same alignment as an existing street shall be given the same name as the existing street.

3.

No street shall use the same name as an existing street, modified by the term street, avenue, road, court, etc. Only where a single cul-de-sac or loop street comes off a street may the words place, lane, court, or terrace be used.

C.

Approval of Street Names. The city council shall approve street names concurrently with the approval of the plat.

A.

Generally. Any subdivision or development for which compliance with the standards of this UDC, or with conditions of approval, require a continuing maintenance obligation (e.g., to own and maintain common open space) shall be subject to a mandatory property owners' association and a recorded declaration of covenants, conditions, and restrictions that ensures such continuing compliance.

B.

Incorporation of Property Owners' Association. If required by this UDC, or required as a condition of approval, the applicant shall incorporate a property owners' association that will bear responsibility for ensuring continuing compliance with these regulations and conditions of approval.

A.

Generally. Conditions and requirements of development approval that require ongoing efforts of tenants or successors in title shall be included in a declaration of covenants, conditions, and restrictions for the property that shall be recorded in the public records in the chain of title for the property at the applicant's expense.

B.

Limited Waiver. Developments that are approved under unified ownership and control are not required to have covenants, conditions, and restrictions, provided that a single property owner is responsible for the ongoing compliance of the lot or tract proposed for development with the requirements of this UDC and any conditions of approval. However, a development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park being sold to separate entities) until CCRs are recorded.

C.

Timing. The applicant shall provide proposed covenants, conditions, and restrictions to the city:

1.

Upon filing an application for plat approval; or

2.

If no plat approval is sought, before the issuance of any permit that directly authorizes development (development approvals that require covenants, conditions, or restrictions shall be contingent upon approval of the covenants, conditions, and restrictions document).

D.

Plat Annotations. Where a plat is required, the CCRs shall be referenced on the plat.

A development that is approved under unified ownership and control shall not be conveyed into multiple ownerships (e.g., individual buildings in an office park or individual units of a townhome development being sold to separate entities) until the required CCRs are recorded.

A.

Generally. The city shall approve only those covenants, conditions, and restrictions that relate to the development approval, and its right of enforcement shall extend only to those matters and matters that substantially bear upon them. The city will not seek to intervene in purely private disputes about covenants, conditions, and restrictions. The city attorney shall review the incorporation documents and CCRs to ensure that the following provisions are included in a form that is acceptable to the city attorney:

1.

All items that are required by this UDC or conditions of approval, which may include specific rights of enforcement being granted to the city;

2.

Membership in the property owners' association shall be mandatory for all owners of property in the subdivision or condominium;

3.

Dues are payable to the property owners' association at regular intervals;

4.

The property owners' association has lien rights with respect to unpaid dues;

5.

The property owners' association has a perpetual existence;

6.

The property owners' association has all responsibilities required by these regulations or conditions of approval (e.g., ownership and maintenance of common elements); and

7.

The property owners' association has the capacity to sue and be sued.

B.

Optional Elements. The CCRs may include any provisions considered desirable by the applicant with respect to the management and maintenance of the subdivision or condominium, provided that they do not undermine any of the following requirements:

1.

Required membership in, and payment of dues to, the property owners' association.

2.

Inclusion and enforcement of all of the provisions required by these regulations and any conditions of approval, in a form acceptable to the city attorney;

3.

Clauses that provide for enforceability by the city of those covenants, conditions, and restrictions that relate to this UDC or conditions of approval; and

4.

Applicable requirements of this UDC at the time of approval of the CCR document.

A.

Generally. The purpose of the subdivision classification system set out in this section is to provide for different procedures depending upon the scale and impacts of the proposed subdivision.

B.

Subdivision Requirement. No development shall commence, nor shall any building permit, utility connection permit, electrical connection permit, or similar permit be issued, for any development or land division that is required to be processed as set out Subsection 11-705.02., Administrative Subdivisions, through Subsection 11-705.03., Standard Subdivisions, inclusive, until a plat has been approved and submitted to the city for recording with the Dodge County Register of Deeds.

A.

Generally. Pursuant to NRS § 19-916, the city council has the power, by ordinance, to provide the manner, plan, or method by which real property within the corporate limits or within the two mile extraterritorial jurisdiction may be subdivided, platted, or laid out, and to compel the owners of any such land that are subdividing, platting, or laying out such land to conform to the requirements of these regulations. The city council may designate, by ordinance, an employee, who may approve further subdivision of existing lots and blocks whenever:

1.

All required public improvements have been installed;

2.

No new dedication of public rights-of-way or easements is involved; and

3.

Subdivision complies with the ordinance requirements concerning minimum areas and dimensions of such lots and blocks.

B.

Authority. The zoning administrator is hereby authorized to approve administrative subdivisions if the application complies with the standards set forth in Subsection D., below. The zoning administrator, at his or her sole discretion, may also refer any application for an administrative plat to the planning commission for review and consideration.

C.

Applicability. Administrative subdivision approval may be allowed under the following criteria:

1.

The subdivision results in no more than four lots;

2.

All resulting lots front on an existing street;

3.

The subdivision does not require the creation of any new street;

4.

All lots that will be developed for residential use will be served by existing municipal facilities (water, waste water, gas, electric, storm water, etc.); and

5.

For lots or tracts located within the extra-territorial jurisdiction of the city, the resulting subdivision restricts the use of the lots to one or more of the following:

a.

Agriculture;

b.

Open space; or

c.

One single-family detached dwelling unit per lot.

D.

Review Procedure. The procedures for an administrative subdivision shall be generally the same as that for approval of a final plat, as set out in Subsection 11-316.02., Final Plat.

Exception: Final Plats meeting the criteria associated with administrative subdivisions need not be reviewed by the planning commission or approved by city council unless otherwise referred to by the zoning administrator.

E.

Standards of Approval. The zoning administrator shall approve an administrative subdivision application if it meets all of the following criteria:

1.

The administrative subdivision will not frustrate the implementation of the comprehensive plan (e.g., by encouraging sprawling development patterns or blocking access to a planned thoroughfare); and

2.

The administrative subdivision complies with the applicable requirements of this UDC.

A.

Generally. Pursuant to NRS § 19-916, the city council has the power, by ordinance, to provide the manner, plan, or method by which real property within the corporate limits or within the two mile extraterritorial jurisdiction may be subdivided, platted, or laid out, and to compel the owners of any such land that are subdividing, platting, or laying out such land to conform to the requirements of these regulations.

B.

Authority. City council shall hear and decide on standard subdivisions if the application complies with the standards set forth in Subsection D., below.

C.

Applicability. Standard subdivisions are those subdivisions that do not qualify as another type of subdivision as set out above. Standard subdivisions are classified as either preliminary plats or final plats. In some cases a preliminary plat and final plat can be reviewed concurrently (see Section 11-316, Public Meeting and Hearing Permits and Procedures).

D.

Review Procedures. The procedures for a standard subdivision shall be the same as that for approval of a final plat, as set out in Subsection 11-316.02., Final Plat.

E.

Standards for Approval. City council shall approve a standard subdivision application if it meets all of the following criteria:

1.

The standard subdivision will not frustrate the implementation of the comprehensive plan (e.g., by encouraging sprawling development patterns or blocking access to a planned thoroughfare); and

2.

The standard subdivision complies with the applicable requirements of this UDC.

A.

Generally. It is the policy of the city that the principles of this subsection be applied to the maximum extent practicable without imposing restrictions that reduce the density or intensity of development that is permitted on the subject property by this UDC. The city may require modifications to proposed site plans or subdivision plats that otherwise conform to the standards of the UDC in order to enhance the quality of the design in accordance with the principles of this subsection.

B.

Compatibility. The subdivision shall be designed in a way that:

1.

Provides appropriate space for bufferyards and transitions between land uses or obvious changes in density or intensity along rear and side lot lines;

2.

Provides vehicular or pedestrian linkages between uses;

3.

Protects neighboring properties from storm water runoff;

4.

Anticipates and provides for future vehicular and pedestrian connections to neighboring properties that are likely to be developed or redeveloped with similar or compatible land uses;

5.

Minimizes interference with existing access to adjacent and nearby properties, unless new and improved access is provided by the proposed development; and

6.

Does not reduce the level of service of public utilities that are provided to surrounding development.

C.

Consistency with Public Improvements. The proposed development shall conform to all adopted and applicable capital improvement plans of the city with regard to public infrastructure and facilities, including trails, parks, and open space.

D.

Flood Damage Prevention.

1.

Subdivisions shall be designed to minimize the potential for flood damage, as set out in Subsection 11-405.02, Floodway (FW) Overlay and Flood Fringe (FF) Overlay Districts;

2.

Public utilities and facilities such as water, waste water, gas, electric, and storm water systems shall be located and constructed to minimize flood damage;

3.

Adequate drainage shall be provided to reduce exposure to flood hazards; and

4.

Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than 50 lots or five acres.

E.

Future Adjacent Development. The proposed development shall be designed in a way that shows how future development of adjacent lots or tracts under common ownership will relate to the lot or tract proposed for development in terms of transportation, utility, and open space linkages.

F.

Landscaping. The subdivision landscaping shall promote the district's qualities and character and meet or exceed the standards set out in Section 11-810, Landscaping, Buffering, and Screening. Landscaping within bufferyards shall be located to achieve the screening objectives and, where possible, enhance open space objectives beyond the minimum requirements.

G.

Preservation of Density and Intensity. Design review is intended to permit plan modifications that improve design, but not require a density reduction. The design review shall focus on revising the site plan by altering roads, lots, landscaping, or other plan elements, but not by altering development intensity unless it exceeds permitted standards.

The director of public works shall promulgate and maintain a manual of engineering standards, however titled, for construction of infrastructure. For the purposes of this UDC, this document or collection of documents shall be known as the Right-of-Way Manual. In the absence of such document, the minimum required standards and the specifications of construction shall be as established or approved by the director of public works.

A.

Street Improvements.

1.

Surface. All streets and drive approaches shall be paved, with streets having storm drains, curbs, and gutters, with a minimum of six inches of concrete. Commercial and industrial drive approaches may require thicker concrete, as established by the director of public works.

2.

Storm Drains. Concrete culvert pipe, or other material approved by the director of public works, is required.

3.

Street Lighting System. A street lighting system shall be installed, complete with poles, fixtures, wiring, etc., with the approval of the city and in accordance with the specifications of the Right-of-Way Manual.

B.

Notice. Developers shall advise the director of public works no less than 30 days in advance of the construction of streets.

A.

Generally. The length, width, and shape of blocks shall be determined with regard to the following:

1.

The provision of adequate building sites suitable to the particular district and the needs of the type of use contemplated;

2.

The required lot widths, lot areas, and required open space for the development, as set out in Section 11-600, Development Yield and Lot Standards;

3.

The need for convenient access, circulation, control, and safety of street traffic;

4.

The need to provide for mobility and accessibility for people who use alternative modes of transportation; and

5.

Limitation and opportunities of soils, natural resources, and uses or features that bound the lot or tract proposed for development.

B.

Dimensions. Blocks shall be dimensioned according to the following standards:

1.

Blocks that are used to provide access to single-family detached, single-family attached, and two-family uses shall be sufficient width to allow two tiers of lots with appropriate lot depths (according to the lot widths and area of the district in which the lot is located), unless such arrangement is not feasible.

2.

Generally, blocks that are used to provide access to residential uses or districts shall not be longer than 800 feet. Blocks may be up to 1,200 feet in length if there is a mid-block pedestrian access easement providing a direct connection to the abutting blocks.

3.

At the intersection of two, block corners shall be rounded to meet the standards of the Nebraska Department of Roads (NDOR) Roadway Design Manual, as amended from time to time.

4.

Blocks for nonresidential or mixed uses shall be a width suitable for the intended use, with due allowance for off-street parking and loading facilities and other site improvements, landscape surface areas, and bufferyard areas required by this UDC.

C.

Relationship to Existing Arterial and Collector Streets. Residential blocks shall be designed so that lots are not oriented for access from arterial or collector streets. Marginal access streets may be approved, if necessary, for the efficient layout of lots on a lot or tract proposed for development, provided that:

1.

Access to the marginal access street meets the access management requirements of this UDC; and

2.

The following bufferyards are provided between the marginal access street and the abutting arterial or collector street:

a.

Collector streets: type A bufferyard; and

b.

Arterial streets: type B bufferyard.

A.

Generally.

1.

New lots shall be dimensioned according to the requirements of Subsection 11-602.02., Lot and Building Standards for Individual Housing Types. The size, shape, and orientation of lots shall be appropriate to the district of the proposed development and to the type and required buildable area of development contemplated.

2.

Lots are required to be platted unless specifically exempted by this UDC. Lots shall be of appropriate size and arrangement to provide for adequate off-street parking, loading facilities, landscaping and buffering, and other required site improvements or open space/landscaped surface areas. No lot shall be created for any nonresidential use that has an area, width, or depth that is less than required to accommodate the use and all site requirements under this UDC.

B.

Shape and Area.

1.

Side lot lines shall be at right angles to the centerlines of abutting streets, to the greatest extent possible. Alternative configurations may be approved in order to accomplish a public purpose, such as the preservation of natural resources or open space.

2.

Corner lots shall be of an additional width to accommodate the required street yard setback.

C.

Access and Frontage.

1.

Frontage Width. The width of the required street frontage shall not be less than the required lot width as set out in Section 11-600, Development Yield and Lot Standards, except for lots designated to be used for Small Utility Services, Medium Utility Services, Large Utility Services, Communication Services, Telecommunications Tower, or a Utility of public consequence.

2.

Residential Lots (except mixed-use and multifamily). Generally, new single-family detached, single-family attached, and two-family residential lots shall front only on local streets. Alternatively, such lots may front on common open spaces, provided that vehicular access is taken from an alley. Through lots shall not take access from collector or arterial streets.

3.

Nonresidential, Mixed-Use, and Multifamily Lots. Nonresidential, mixed-use, and multifamily lots that take access from collector or arterial streets shall provide adequate area on-site for vehicular maneuvering.

4.

Outlots shall be provided with access to and frontage upon a public or private street when at all feasible. If such access is not feasible, an access easement shall be provided to allow for the maintenance of said outlot.

D.

Depth. Excessive lot depth in relation to lot width shall be avoided. Generally, the proportion of width to depth shall be no greater than 1:2.5.

E.

Through Lots. Through lots for single-family detached, single-family attached, and two-family residential lots are not allowed. Where residential development is bounded by one or more arterial streets, lots shall be separated from the arterial street rights-of-way by a type B bufferyard that is owned and maintained by a property owners' association.

F.

Orientation to T-Intersections. Lots at the terminal end of a T-intersection shall be offset from the centerline of the terminated street in order to mitigate the impacts of oncoming traffic on the use of the lots.

G.

Areas of Special Flood Hazard. Residential lots that are intended for conveyance into private ownership shall be platted outside the designated areas of special flood hazard, unless such arrangement is not feasible (including the use of a different neighborhood type that allows for smaller lots).

(Ord. No. 5471, 11-13-18; Ord. No. 5571, § 1, 6-8-21)

A.

Generally. During development approval, the city may require a variety of easements on private property or lots.

B.

Utility Easement Width and Location. Where required, all lots shall provide utility easements (U.E.) for water, waste water, gas, electric, and drainage, or other public utilities that are necessary or desirable to serve the subdivision. Their width and location shall be such that access, maintenance, repair, or reconstruction can be accomplished without undue hardship to the utility, as follows:

1.

Utility easements shall be located in side or rear yards, to the greatest extent possible, or as otherwise determined by the city in accordance with the particular plans and layout of the utility or other service provider;

a.

Side Lot Lines. Easements alongside lot lines shall be a minimum width of five feet wide on any one lot, but not less than 10 feet in total width whether centered or on one side or another of a side or rear lot line;

b.

Rear Lot Lines. Easements along rear lot lines shall be a minimum width of 10 feet wide on any one lot, but not less than 20 feet in total width whether centered or on one side or another of a rear lot line.

2.

Where attached housing types are involved and yards are enclosed or narrow, easements shall be placed in open space areas; and

3.

Utility easements need not be provided on the rear lot lines if an alley 20 feet in width is dedicated.

C.

Drainage Easements.

1.

To the extent practicable, existing surface drainage patterns serving any off-site properties or two or more proposed lots or properties shall be protected by easements or open space. In addition, drainage easements shall be placed on lots to convey surface water to storm sewers located on the street or to surface drainage channels located in easements or open space as topography and grading dictate;

2.

If a major drainage easement is required in a subdivision or nonresidential development, it shall have a minimum width of 40 feet.

D.

Fire Protection Easements. Rear fire protection access easements, where required, shall be improved as appropriate for fire protection apparatus, at a width of 20 feet with a minimum turning radii of 50 feet, unless a larger radii is required by the Fire Department.

E.

Pedestrian Access Easements. Pedestrian access easements may be required as set out in Section 11-713, Streets, Sidewalks, and Trails.

F.

Conservation Easements.

1.

Conservation easements are required to preserve open space and to protect natural resources.

2.

Conservation easements shall exclude other easements that would result in the disturbance of the land, except that pedestrian access easements are permitted within areas protected by conservation easements.

3.

Conservation easements shall provide for permanent management and maintenance of the property by a responsible party (other than the city), such as a nonprofit land trust or property owners' association.

4.

All conservation easements shall run in favor of two parties:

a.

All lots in the development; and

b.

The city.

5.

The conservation easement shall be in a form approved by the city attorney.

G.

Encroachments and Removal of Encroachments. No permanent encroachment, structures, or trees shall be allowed to be located within the area of any easement required by this section. While the city or utility provider benefiting from the easement will make efforts to minimize disturbances, both shall have the right to remove any encroachment, structure, fence, landscaping, or other improvements placed within such easements. The city and/or utility provider shall not be obligated to restore or replace any such encroachment, structure, or tree, but shall restore any disturbed ground surfaces with seeding. The city may assess the cost of removing an unauthorized improvement from an easement against the landowner, including the placing of a lien on the property.

H.

Maintenance of Easements. The responsibility for the regular maintenance of the ground surface in any easement shall rest with the owner of the property within which the easement exists.

A.

Generally. This subsection is designed to achieve the open space requirements of bufferyards, resource protection, recreation, storm water management, and preservation of community character.

B.

Design.

1.

Generally, open spaces shall be integrated into the development design to bring significant open space to the maximum number of properties, as well as visibility from public rights-of-way within the proposed development. Small, odd, left-over open space areas shall be avoided. Extra landscaping may be required to enhance the value of such spaces where they cannot be avoided.

2.

Open space shall be designed to provide greenways along drainage corridors and streams. The landscaping along corridors or streams shall be designed to enhance the filtering of surface and subsurface water flows. Trails shall provide access along the greenway for the residents of the proposed development.

3.

Formal open spaces such as parks and greens shall be designed to provide areas of focus within the development. Landscaping and furniture for pedestrians shall be installed to enhance this effect.

A.

All subdivisions shall have a storm water management system. This system shall address routing of storm waters after they leave the subdivision, as well as the available drainage courses or storm sewers in the immediate vicinity of the subdivision. All subdivisions shall have a grading plan submitted for approval. This plan shall address proper grading and drainage of individual lots in the subdivision and show spot and finished elevations on all lot corners.

B.

The design of the storm water management system shall be consistent with general and specific concerns and standards of the comprehensive plan and the drainage control programs of applicable public agencies. Design shall be based on environmentally sound site planning and engineering techniques.

C.

To maximum degree possible, drainage from subdivisions shall conform to natural contours of land and not disturb pre-existing drainage ways.

D.

Adjacent properties which may be burdened with surface water from the subdivision should have the effects ameliorated as much as possible, and consideration should be given to the capacity of the streets to contain water between the sidewalks in the event of a heavy rainfall event.

E.

Design shall use the best available technology to minimize off-site runoff, encourage natural filtration, simulate natural drainage, and minimize discharge of pollutants.

F.

No surface water may be channeled into a sanitary sewer system.

G.

Where possible, a subdivisions drainage system and grading plan shall coordinate with that of surrounding properties or streets.

A.

Generally. All developments shall make provisions for water, waste water, gas, electric, and drainage, or other public utilities that are necessary or desirable to serve the subdivision. All utilities and drainage shall be efficiently and unobtrusively integrated into the design and shall avoid off-site impacts.

B.

Capacity. Where a proposed development is part of a larger tract of land, the city shall require the capacity of facilities to be adequate to serve the entire tract to the extent that the capacity is matched to that of the lines that it extends. Where the proposed development is part of a larger utility service area, the city may require the capacity of the appropriate facilities to be adequate to serve the remainder of the service area.

C.

Potable Water Line Loops. Potable water lines shall be looped and shall have a secondary feed to the potable water supply.

D.

Interceptors. Where an interceptor is to be extended through the area being developed, the landowner shall provide the necessary easements.

E.

Common Use Easements. Wherever possible, the city shall require compatible utilities to share easements. See Subsection 11-706.06., Easements.

A.

General Obligation Professional Services Fees. All professional service fees paid on the actual general obligation construction costs of any Sanitary Improvements District (SID) project associated with the construction and maintenance of public utility lines and conduits; emergency management warning systems, including civil defense and storm warning systems; water mains; sanitary sewers; storm sewers; flood or erosion protection systems, including dikes and levees; sidewalks and trails; streets, roads, highways, and traffic signals and signage; street lighting; power; public waterways, docks, wharfs, and related appurtenances; and parks, playgrounds, and recreational facilities; and/or landscaping and hardscaping shall be as follows:

1.

SID Engineer(s) shall be compensated:

a.

For Professional Engineering, Administration, Construction, and Coordination Services on Projects with Actual Construction Costs Greater than $150,000 dollars. The SID Engineer shall be paid based on contract terms and conditions subject to prior written approval by the city council.

b.

For Professional Engineering, Administration, Construction, and Coordination Services on Projects with Actual Construction Costs Less than $150,000 dollars. The SID Engineer shall be paid on the basis of the actual direct labor costs times the usual and customary overhead rate, plus 15 percent profit and reimbursable costs. In no case shall those costs paid be greater than 25 percent of the actual general obligation construction costs of any project without prior written approval by the city council. Any work performed without approval shall be paid for privately or specially assessed. The above services shall include, but not be limited to: the cost for all services in connection with the preliminary and final surveys, geotechnical reports, preliminary and final design, redesign, cost estimates, bid document preparation including preparation of plans and specifications, analysis and studies, recommendation of award, preparation of progress estimates, preparation of special assessments schedules and plats, certification of final completion, utility coordination, permitting (exclusive of permit fees), testing, construction or resident observation, construction staking, as-built record drawings and surveys, easement exhibits and legal descriptions and specialized sub consultants as may be necessary for the completion of the project.

c.

Additional Service Fees. Additional service fees may be considered by the city council for any significant redesign work that is requested by the city but only after final construction plans and procurement documents have been approved in writing by the director of public works.

d.

Fees Due. Fees shall become due no earlier than at the time services are rendered and are approved by the SID Board of Trustees. The project cost ranges in this subsection shall be reviewed every three years for adjustment considerations.

2.

SID Attorney(s) shall be compensated for professional legal services:

a.

Commencement, Planning, Advertisement, Meetings, Construction, and Completion of and Levy of Special Assessments. The SID Attorney shall be paid at a cost no greater than five percent of the actual project construction costs for all services in connection with the commencement, planning, advertisement, meetings, construction, and completion of and levy of special assessments for the construction of public improvements installed within the SID. The percentage legal fee may not be charged on engineering fees, fiscal fees, testing, permit fees, or interest payments of the SID.

b.

Bond Issuance or Refinancing. The SID Attorney shall be paid at a cost no greater than one-half of one percent for bond issuance or subsequent refinancing of the SID on the gross amount of bonds issued.

c.

All Services in Connection with Contract Charges and Reimbursable Charges, Reimbursements or Payments to Other Agencies or Contract Services. The city attorney shall be paid at a cost no greater than two percent of the actual project construction costs for all services in connection with contract charges and reimbursable charges, reimbursements or payments to other agencies or contract services. This shall include, but is not limited to: capital facilities charges and accrued interest payments on warrants issued by the SID.

d.

Fees Due. Fees shall become due no earlier than at the time construction funds warrants or bonds are issued for approved expenditures by the SID Board of Trustees.

3.

SID Fiscal Agent(s) shall be compensated for the placement of warrants issued by the SID in an amount not to exceed five percent of warrants issued. Fees shall become due no earlier than at the time construction funds warrants or bonds are issued for approved expenditures by the SID Board of Trustees.

4.

All costs in excess of those described in this subsection and those not described or those not previously negotiated and incorporated into the subdivision agreement approved by the city council shall be considered unwarranted and shall be paid for privately or specially assessed evenly among all the assessable lots. Furthermore, interest on construction fund warrants issued prior to the compensation schedules outlined in this subsection shall be paid for privately or specially assessed evenly among all the assessable lots.

B.

Levy of Special Assessments. All special assessments of any SID project shall be levied upon all lots or tracts of ground within the SID which are benefited by reason of such improvement(s). All special assessments shall be levied within 18 months after commencement of construction and within six months after acceptance of the improvement by the SID's Board of Trustees or Administrator. Prior to the SID publishing notice to levy special assessments, the SID shall submit to the city the following:

1.

A schedule of proposed special assessments;

2.

A plat of the area and lots to be assessed; and

3.

A full and detailed statement of the entire cost of each type of improvement which shall show separately:

a.

The amount paid to the contract;

b.

The amount paid to the SID Engineer(s), which shall include a complete and itemized log of work hours, broken down by areas of service (e.g. design, observation, testing, surveying, etc.), and showing all reimbursable expenses;

c.

The amount paid to the SID Attorney(s);

d.

The amount paid to the SID Fiscal Agent(s);

e.

The amount paid for penalties, forfeitures, or default charges; and

f.

A complete and itemized warrant registry detailing the warrant numbers, payee name, registration date, maturity date, interest date, interest rate, the amount paid with corresponding invoice numbers to payee, and the improvement project for which the warrants were issued.

C.

Minimum Tax Levy for SIDs.

1.

The SID shall annually levy a minimum ad valorem property tax through the year that all warrants can be paid on a cash basis and/or converted to bonded debt. The ad valorem property tax rate shall be as established by resolution of the city council.

2.

Each year following the issuance of SID bonds, the SID's fiscal agent shall deliver to the city for review and approval, an annual cash flow projection for no less than a 15 year period. The cash flow projection shall include, but is not limited to, existing and projected taxable valuation, a projected annual debt service levy, existing and projected cash receipts, cash disbursements, and available balances in the bond fund and general fund of the SID.

3.

The SID's Board of Trustees shall agree to adopt tax rate levies sufficient to fund the succeeding years' general and bond fund projected obligation as required in the cash flow projections.

A.

Privately Financed Subdivisions. For privately financed subdivisions, the subdivision agreement shall establish that improvements are financed privately without the use of an SID and may provide for other areas of agreement and mutual responsibility, such as annexation, associated public and private improvements, and other terms of the project.

B.

Design and Installation of Improvements.

1.

All improvements required by this UDC and other city regulations shall be designed and installed in accordance with the Right-of-Way Manual, as applicable.

2.

All improvements shall be furnished, installed, and constructed by the applicant at no cost to the city, except as provided in this section. Escrows or sureties may be required for off-site improvements that are required by this UDC.

C.

Utility Upgrade Agreement. The city may require that the applicant upgrade the capacity of municipal utility lines in order to provide adequate facilities to future development in the area of the proposed development. To this end, the city council may authorize the city administrator to enter into a participation agreement or development agreement that sets out the applicant's share of the improvement costs and the amount required to be deposited with the city, together with the city's share of additional costs of standard line sizes. The written agreement shall fairly apportion the cost of providing the upgraded capacity, and shall be executed between the applicant and the city prior to the final approval of plans and specifications.

D.

Inspection and Certification. The director of public works, or a designee, shall regularly inspect the construction of required improvements. Upon completion of these improvements, the director of public works shall file with the city council a statement certifying that the improvements have been completed in an acceptable manner or listing the defects in these improvements. No occupancy permits shall be issued in any area which is not served by streets, water, sanitary facilities, and power unless and until all required improvements have been inspected and approved by the director of public works, or a designee.

E.

Affidavit of Completion. Upon completion of the improvements, the developer/owner shall file with the city clerk an affidavit stipulating that:

1.

All required improvements are complete;

2.

The improvements are in compliance with the minimum standards specified by the city for their construction;

3.

The developer/owner knows of no defects from any cause in the improvements; and

4.

The improvements are free and clear of any encumbrances or liens.

A.

Generally. A lot or tract proposed for development may be developed in phases, which each phase separately platted. In such cases, the applicant shall submit a preliminary plat showing the tentative phases of development.

B.

Consistency with Preliminary Plat. In considering each subsequent phase shown on a preliminary plat, the planning commission may impose conditions that are necessary to assure the orderly development of the platted land. Such conditions may include, but are not limited to, temporary street extensions, temporary cul-de-sacs, and off-site utility extensions.

The certifications set out in Appendix A, Certification and Dedication, shall be transcribed to all final plats, and shall be executed as indicated before such plats are recorded.

A.

Within Proposed Development. Streets, alleys, and other rights-of-way within proposed development shall be appropriately dedicated for the purposes they are intended to serve, subject to the widths and design requirements set out in Section 11-713, Streets, Sidewalks, and Trails.

B.

Perimeter Streets; Dedication. Where a proposed subdivision abuts an existing street or half-street that does not conform to the right-of-way standards set out in Section 11-713, Streets, Sidewalks, and Trails, the applicant shall dedicate a sufficient right-of-way width necessary to achieve the required width.

A.

Generally. Where a subdivision is traversed by a watercourse, drainage-way, natural channel, or stream, the applicant shall provide an easement or right-of-way with a location that is substantially the limit of such watercourse, plus additional width to accommodate a riparian buffer and future maintenance needs, as determined by the director of public works.

B.

Drainage Facilities. Drainage facilities shall be provided and constructed at the expense of the applicant pursuant to the Right-of-Way Manual, as applicable.

The following shall be used for mapping natural resources or other features of plans:

A.

Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.

B.

Watercourses. Initial identification of the watercourses/waterbodies shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for preliminary plats and site plans.

C.

Vegetation. Vegetation shall be measured by the canopy line for the determination of areas of woodlands or trees.

D.

Wetlands. Wetlands shall be measured by the criteria set out by the U.S. Army Corps of Engineers.

E.

Boundaries.

1.

Measurements for a boundary are to be made horizontally, perpendicular from, or radial from any feature or point.

2.

Boundaries that are dependent on elevation shall be based upon on-site elevations and shall be interpolated.

F.

Topography. Topographic lines shall be at one-foot contour intervals unless such intervals are impractical due to essentially flat topography, in which case spot elevations shall be provided on a regular grid.

G.

Soils. If septic tanks are to be used, soils shall be delineated by on-site testing of the soils to determine soil boundaries.

A.

Generally. A registered land surveyor shall set subdivision monuments in accordance with this section.

B.

Location of Monuments.

1.

Except as provided in Subsection H., below, a monument, as defined below in Subsections C., through G., shall be set at every lot or tract corner, including the interior lots of a subdivision.

2.

Corners to be set include the beginning and end of curves and the intersection of lines except where:

a.

The setting of a monument near another monument would cause confusion; or

b.

There is an existing monument at the corner that is within the limits of the relative positional accuracy for the class of survey being performed.

C.

Standard Monumentation.

1.

Monuments set in unpaved or other pervious locations shall be five-eighths-inch diameter or larger iron or steel rods, reinforcement bars, or galvanized pipes weighing a minimum of one pound per foot and being at least 24 inches long set with the top flush with grade.

2.

Other monuments may be used if they:

3.

Are made of material of similar or greater durability, size, and character as accepted by the director of public works; and

4.

Can be found by a device capable of detecting ferrous or magnetic objects.

D.

Alternative Monumentation. Where practical, monuments in pavement or other impervious areas shall be set according to the requirements contained in Subsection C., above. However, when it is not practical to set a monument in accordance with Subsection C., above, then a two-inch or longer, one-quarter-inch or larger diameter, magnetic concrete nail, or similar magnetic monument, shall be set, if possible.

E.

Tags and Caps. Monuments set under Subsections C., or D., above shall have a substantial plastic or metal tag or cap permanently affixed showing the registered land surveyor's name and professional license number or board-issued firm/agency identification number.

F.

Markings Where Monuments Cannot Be Set. Where monuments as defined in Subsections C., or D., above, cannot be set, the survey points must be:

1.

Marked by:

a.

A drill hole;

b.

A cut cross;

c.

A notch; or

d.

Other similar permanent mark; and

2.

Referenced to any nearby witness monuments or permanent objects, such as:

a.

Building foundations; or

b.

Concrete head walls.

G.

Offset Monuments.

1.

Where it is not possible or practical to set a monument at the survey point:

a.

A monument shall be offset; and

b.

The location shall be selected so that the monument lies on a:

1.

Line of the survey; or

2.

Prolongation of the line.

2.

Offset monuments are not required at interior lot corners not adjoining a street right-of-way. Offset monuments shall be identified on the plat and, if possible, in the field. However, if existing monuments fall within the acceptable relative positional accuracy of the survey, a monument is not required to be set.

H.

Timing. Generally, monuments shall be set before a final plat is recorded. However, in the case of new subdivisions where, in the opinion of the surveyor, it is probable the individual lot monuments will be disturbed by construction, only those monuments along the perimeter of the subdivision, or section thereof, must be set before recordation. In this situation, the setting of the individual lot monuments may be delayed until no later than:

1.

After construction is complete (including buildings); or

2.

Six months after recordation of the subdivision plat or, if the subdivision is platted by sections or phases, after recordation of each section or phase; whichever occurs first. In new subdivisions, if monuments are to be set before recording, then the placement of monuments shall be shown on the subdivision plat. If monuments are to be set after construction is complete, the surveyor shall record an affidavit, cross-referenced to the recorded plat, showing which monuments were set and which were found, the dates of monuments that were set or found, together with a certification that states to the best of the surveyor's knowledge and belief the information contained in the affidavit is true and correct. Nothing in this subsection shall be construed to require the surveyor to wait until construction is completed to place monuments.

As-built drawings, certified by a registered engineer, shall be submitted to the director of public works upon completion of subdivision infrastructure.

The purpose of this section is to establish standards for the design, layout, and construction of streets, sidewalks, trails, and utilities.

A.

Generally. This section applies to all subdivisions and site plans that involve the creation of new roads, streets, or the improvement of any existing street.

B.

Right-of-way Standards. As set out in Section 11-713, Streets, Sidewalks, and Trails, is the standards for how much right-of-way must be dedicated and what cross-sections are required for public streets, requirements for private streets, cul-de-sac design and connectivity, requirements associated with alleys. It also provides requirements for intersection spacing and the geometry of curves and provisions for sidewalks, trails, street lighting, and traffic control devices.

C.

Utilities. Set out in Section 11-714, Utilities, is the standards for the installation of utilities.

A.

Integration. New streets shall integrate into the existing street pattern so as to:

1.

Address the new development's circulation needs;

2.

Provide a pattern of streets that facilitates navigation within the city; and

3.

Where collector and arterial streets are involved, facilitate city-wide traffic movements.

B.

Safety. New streets shall provide a safe and convenient layout and design.

C.

Character. New streets shall correspond to and reinforce the character of the district(s) in which they are constructed.

D.

Natural Resources. New streets and substantially improved existing streets shall respect natural resources, topography, drainage, and other natural features that would enhance attractive development, or that are locally or regionally significant for their natural resource value.

E.

Circulation of Through Traffic. Streets within subdivisions shall be designed as a system of circulation routes, so that the use of local streets for non-resident, cut-through traffic, will be discouraged.

F.

Street Plans.

1.

Streets shall generally conform to the adopted Long Range Transportation Plan, as amended from time to time.

2.

If a preliminary plat has been approved by the planning commission for a proposed subdivision, the street system of the subsequent final plats shall conform to the preliminary plat.

3.

Existing streets (including preliminary platted streets in adjoining territory) shall be continued at equal or greater width and in similar alignment by streets proposed in the subdivision, unless the planning commission finds that such design would be impractical or would create incompatibility.

4.

When a tract is subdivided into larger than normal building lot(s) or tract(s), such lot(s) or tract(s) shall be arranged as to permit the logical location and opening of future streets and appropriate resubdivision, with provision for adequate utility easements and connectors for such resubdivision.

G.

Intersections. Streets shall intersect as nearly at right angles as practicable.

A.

Access.

1.

Subdivisions with 30 or more lots, or multifamily developments with 50 or more dwelling units, shall provide no less than two access points to/from existing streets. Those access points shall be located as far apart as practical and consistent with standards promulgated by the director of public works.

2.

The street layout of a subdivision shall provide public street access to all lots or tracts.

3.

Street alignments within subdivisions shall utilize horizontal curves, islands, street offsets, intersections, or other methods that allow adequate access and promote traffic calming.

B.

Offsite Connectivity.

1.

Wherever streets have been dedicated or platted on adjacent properties for extension into or through a proposed subdivision, then those streets shall be incorporated into the street layout of the proposed subdivision.

2.

Subdivision streets shall be extended to the boundaries of the lot or tract proposed for development in appropriate locations to provide for future connections to other properties.

C.

Right-of-Way and Pavement Widths.

1.

Generally, rights-of-way and pavement widths shall conform to those set out in Table 11-713.02.01., Rights-of-Way and Pavement Widths.

2.

Details regarding the type of pavement, number and width of lanes, location of sidewalks, requirement for widths of medians, and parkways, and other design criteria are provided in the Right-of-Way Manual, as applicable.

3.

Where additional rights-of-way is needed to obtain vertical curve, grade, sight distance triangles, turn lanes, or medians, the required right-of-way shall be adjusted to the extent necessary in accordance with local needs, as determined by the director of public works.

D.

Local Street Standards. The cross-section of local streets shall be dependent upon the zoning district and the ultimate function of the street, as set out in Table 11-713.02.02., Local Street Specifications. The cross-sections shall be arranged as illustrated in Figure 11-713.02., Design Cross-Section.

(Ord. No. 5443, 4-24-18)

A.

Generally. Private streets are permitted only as provided in this subsection.

B.

Residential Subdivisions. Private streets are permitted in residential subdivisions only when maintenance and operation of the street is private and the subdivision contains more than 50 lots.

C.

Nonresidential, Mixed Use and Multifamily Subdivisions. The private street runs through, to, or between parking areas in nonresidential, mixed use, or multifamily developments, where:

1.

All property accessed by the street is under single ownership;

2.

There is sufficient alternative access to abutting properties;

3.

The access to the lot or tract proposed for subdivision and the abutting properties meets the spacing requirements promulgated by the director of public works; and

4.

The city council finds that connecting the street to the public street network is undesirable because it would increase through-traffic in an established or proposed neighborhood.

D.

Requirements for Private Streets. When private streets are permitted, they shall meet all of the following requirements:

1.

Private streets shall be laid out, designed, and constructed in the same manner as public streets;

2.

The final plat shall be annotated with a notice that the streets are private and subject to a covenant for maintenance;

3.

Street name signs and street labels on the preliminary and final plats shall indicate they are private;

4.

The private streets will not interfere with the implementation of the transportation plan, adopted plans, or other plans for construction or expansion of state or federal highways; and

5.

The private streets will not materially interfere with street connectivity or create an unreasonable impact on an adjacent public street by curtailing opportunities for alternative travel routes.

E.

Gates. Gates are permitted at entries to private street subdivisions, provided that they comply with the standards of this subsection as follows:

1.

Gates shall be set back from the public street to allow for stacking of at least three vehicles.

2.

Two inbound gates shall be provided, one for residents and one for guests, for all subdivisions that include more than 50 dwelling units. The paved area behind the guest gate shall be sufficient to accommodate at least one vehicle without interfering with the use of the resident gate.

3.

There is means of prompt access provided to police, fire, and emergency medical transport service providers.

F.

Covenants, Conditions, and Restrictions. Covenants, conditions, and restrictions ("CCRs") shall be recorded for all private street subdivisions with an approved final plat. The CCRs shall include the following, which shall be in a form acceptable to the city attorney, and which shall be enforceable by the city:

1.

A mandatory property owners' association with lien rights to collect dues from lot or unit owners;

2.

A perpetual obligation of the property owners' association to maintain the private streets and drainage systems;

3.

Ownership of the private streets by a single entity, such as a Property Owners' Association, rather than under individual lot owners (or other owners);

4.

A perpetual obligation to enforce restrictions against on-street parking, unless the street is designed for on-street parking;

5.

Cross-access easements for all lot owners; and

6.

Easements for access by:

a.

School buses;

b.

Emergency vehicles;

c.

Garbage and trash collection; and

d.

Easements for public utilities and government employees in the normal course of their assigned duties.

A.

Jogs, Offsets, and Reverse Curves. Street jogs with centerline offsets of less than 125 feet shall be avoided. See Figure 11-713.04.01., Jogs and Offsets.

Expand

Figure 11-713.04.01. Jogs and Offsets

 

B.

Reverse Curves. A tangent of at least 100 feet in length shall separate reverse curves. See Figure 11-713.04.02, Reverse Curves.

Expand

Figure 11-713.04.02. Reverse Curves

 

A.

Street Intersections. No fence, wall, hedge, or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner lot in the areas specified by this subsection. Where required, utility poles may be located within 50 feet of intersecting streetlines but, to the extent practicable, shall be located to minimize sight obstructions.

1.

At the intersection of a collector or local street, Distance A and Distance B shall each be at least 25 feet (see Figure 11-713.05.01., Sight Distance Requirements for Street Intersections).

2.

At the intersection of two local streets or the intersection of a street and alley, Distance A and Distance B shall each be at least 15 feet.

Expand

Figure 11-713.05.01. Sight Distance Requirements for Street Intersections

 

B.

Driveway Intersections. At the intersection of a local street and a driveway a sight distance triangle, between the elevations of two and one-half feet and six feet above the driveway grade, Distance A shall not be less than 10 feet, and Distance B shall not be less than 20 feet (see Figure 11-713.05.02., Sight Distance Requirements for Driveways). Mature plantings with foliage between two and one-half feet and six feet above the finished lot grade shall extend no closer than 12 feet to the street right-of-way line.

Expand

Figure 11-713.05.02. Sight Distance Requirements for Driveways

 

C.

Exceptions.

1.

Shade trees are permitted to overhang the specified sight distance triangles, provided that all branches are not less than eight feet above the street level.

2.

No portion of a fence or wall exceeding two and one-half feet in height above the finished lot grade shall exceed 50 percent opacity when located in a required yard that either:

a.

Has vehicular access to a street; or

b.

Abuts such access.

D.

Trees, Shrubbery, or Utility Poles Within the Right-of-Way. Trees placed in the public rights-of-way shall be spaced no closer than 20 feet apart. Neither trees nor shrubbery or utility poles (except street lights and traffic signal supports) shall be placed within the public right-of-way within 50 feet of the intersecting centerlines at street intersections. Trees and shrubbery which existed in such locations as of the effective date of this UDC shall be pruned by the adjacent property owner and may be pruned by the city to clear the area between two and one-half feet and six feet above the ground level if such pruning can be accomplished without compromising the health or structural integrity of the tree.

A.

Generally. Cul-de-sacs shall only be permitted in instances where the planning commission finds that circumstances exist which warrant their use.

B.

Warranted Circumstances. The following constitute circumstances which warrant the use of cul-de-sac streets:

1.

Natural resources, such as floodplains, wetlands, or open water, make standard blocks inefficient; and

2.

The cul-de-sac street serves no more than 20 lots, or is no more than 600 feet in length, whichever results in a shorter street segment.

C.

Dimensional Standards.

1.

All cul-de-sacs shall be designed to permit vehicles to turn around without backing.

2.

Cul-de-sacs shall have a minimum radius of 55 feet to the property line, and a maximum radius of 90 feet, with paving dimensions of 43.5 feet measured from back of curb to back of curb.

3.

Cul-de-sacs shall not be used to provide multiple access points to individual buildings (e.g., single-family attached dwellings) where private driveways would conflict or involve expanses of driveway pavement that are wider than 24 feet.

A.

Generally. Alleys may be provided for primary or secondary vehicular access to lots and uses. Alleys may not provide access to property outside of the lot or tract proposed for development in which the alleys are dedicated.

B.

Ownership and Maintenance of Alleys. Alleys shall be owned and maintained by a property owners' association. Covenants, conditions, and restrictions ("CCRs") shall be recorded with the approved final plat for all subdivisions that include alleys. The CCRs shall include the following, which shall be in a form acceptable to the city attorney, and shall be enforced by the city:

1.

A mandatory property owners' association with lien rights to collect dues from lot or unit owners;

2.

A perpetual obligation of the property owners' association to maintain the private alleys and drainage systems;

3.

Ownership of the alleys by a single entity, such as a Property Owners' Association, rather than under individual lot owners (or other owners);

4.

Cross-access easements for all lot owners';

5.

Easements for access by:

a.

Emergency vehicles; and

b.

Garbage and trash collection (if designed for garbage and trash collection); and

6.

Easements for public utilities.

C.

Minimum Width. The minimum right-of-way width for an alley is 20 feet.

D.

Type of Construction. Alleys shall be constructed of concrete with a minimum depth of seven inches, or as otherwise determined by the director of public works.

E.

Alley Length. Alleys shall extend the full length of the block being served, unless natural resources, such as floodplains, wetlands, or open water, prevent their connection to a local street and there is no alternative design that would serve all of the lots with alley access.

F.

Alley Intersections and Curves.

1.

Alleys should intersect streets at right angles. The intersection of a street and an alley should be constructed as a standard drive approach.

2.

A minimum curb radius of five feet shall be provided at intersections.

A.

Use and Beautification of Medians.

1.

Medians that are part of a dedicated public right-of-way may not be utilized for any purpose other than by the city or a public utility. However, a subdivider or other entity may beautify a median with landscaping and lighting (and the requisite electricity) with the approval of the planning commission, provided that:

a.

It does not interfere with existing or proposed public utilities;

b.

It conforms to the sight distance requirements of Subsection 11-713.05., Site Distance Requirements; and

c.

The applicant has submitted documentation with regard to the entity that will have permanent responsibility for maintenance of and liability for such improvements.

2.

The planning commission may refer the application to the city council.

B.

Subdivision Access. Streets that provide ingress and egress to a subdivision shall:

1.

Be connected to existing public streets at locations that will not:

a.

Create sight distance problems on the existing streets; or

b.

Interfere with the safe operation of existing intersections.

2.

When connected to collector or arterial streets, connecting intersections shall be designed so as to minimize interruption of the flow of traffic on those collector or arterial streets. At a minimum:

a.

The dimensions of the street at the point of connection shall be a minimum of 80 feet in width by 140 feet in depth.

b.

Deceleration lanes and other traffic control improvements shall be provided on the collector or arterial streets, if warranted, to ensure safe traffic operations due to the impact on the proposed development on the street.

c.

If the subdivision includes more than 60 lots, a minimum of two exit lanes shall be installed on the connecting subdivision street to minimize the delay of vehicles entering the collector or arterial street.

3.

Gatehouses or architectural features that highlight the entrance are permitted in the median of a subdivision entranceway that meets the specifications of this section.

A.

Generally. Concrete sidewalks are required along all public and private streets.

B.

Width. Sidewalks shall be a minimum of four feet along all streets.

C.

Location of Sidewalks.

1.

Sidewalks shall be provided on all local streets, including cul-de-sacs, and collector and arterial streets.

2.

Sidewalks shall be provided between the right-of-way line and the edge of pavement.

3.

Sidewalks may (but are not required to), where approved by the director of public works, gradually meander into the parkway to protect the root systems of mature trees, provided that no sidewalk is located closer than three feet to the back of curb (or edge of pavement if no curb is present). This arrangement shall not reduce but may require additional right-of-way width.

4.

Sidewalks shall also be installed in pedestrian access easements.

D.

Constructed When. Sidewalks shall be constructed concurrent with the completion of construction of a new principal building or structure on adjoining property.

E.

Completion of Sidewalk Networks. Adequate provision shall be made to ensure the completion of the sidewalk/trail network at the time 80 percent of the certificates of occupancy are issued for each phase of development. For subdivisions, the surety shall not be released until the sidewalk/trail is completed in accordance with this section.

F.

Modification of Sidewalk Requirements. Sidewalk requirements may be altered or waived if a sidewalk or trail plan that provides equal or greater pedestrian circulation is submitted to and approved by the planning commission. These trade-offs may be permitted if better pedestrian and bicycle access and connectivity is provided through the use of off-street trails or multi-use pathways that connect to sidewalks or other off-street trails or multi-use pathways on the perimeter of the lot or tract proposed for development. Sidewalk requirements may also be altered or waived by the planning commission in the form of a special exception, where in the opinion of the planning commission the subject property is not integrated into the city's sidewalk and pedestrian network, and is not located adjacent to, or within 300 feet of facilities oriented to or commonly associated with pedestrian traffic.

A.

Bicycle Routes. Bicycle routes shall be provided as set out in the comprehensive plan. The bicycle routes shall be designated on all site plans and preliminary/final plats, and shall be posted upon completion of the proposed development.

B.

Bicycle Lanes. Bicycle lanes are required along the rights-of-way designated for a "proposed shared road trail" by Map 4.2, System Plan, of the Parks and Recreation Master Plan, as amended from time to time. In such locations, the pavement widths set out in Subsection 11-713.02., Street Standards, shall be increased to accommodate the following:

1.

Minimum width (excluding curbs):

a.

Streets with no on-street parking: Four feet; or

b.

Streets with on-street parking: Five feet; (located between travel lane and parking).

2.

All bicycle lanes shall be designated, posted, marked, and striped according to the requirements of the Right-of-Way Manual, or as promulgated by the director of public works.

C.

Bicycle Paths. Bicycle paths are required where designated on the adopted trail plan.

1.

Bicycle paths shall be at least eight feet wide, and designed, posted, and marked according to the requirements of the Right-of-Way Manual, or as promulgated by the director of public works.

2.

Where a bicycle path crosses an intersection, the bicycle path shall be marked as a bicycle crossing. Right turns at intersections shall be on the shoulder of the intersecting street if the bicycle path does not continue along the intersecting street.

D.

Trails.

1.

Off-street bicycling and jogging trails shall be developed in accordance with the adopted trail plan, to link major attractions and destinations throughout the city, including neighborhoods, parks, schools, libraries, employment centers, and shopping areas.

2.

Development that abuts a linear corridor that is identified in the adopted trail plan shall provide an easement for the construction of a trail in accordance with the trail plan.

3.

Maintenance responsibilities shall be established at the time of a preliminary plat.

A.

Public Streets. In any development with public streets, adequate electrical service shall be provided to proposed street light locations as determined by the director of public works. General standards for public street lighting may be included in the Right-of-Way Manual, as applicable.

B.

Private Streets. In any development with private streets, the director of public works shall review the lighting plan for adequacy regarding safety and ease of pedestrian and vehicular access. Generally, standards for private street lighting shall be the same as for public streets.

A.

Installation of Street Signs. Two suitable street name signs in accordance with city standards shall be placed by the developer (at the developer's expense) at all street intersections.

B.

Traffic Safety Signage. Traffic safety signage within subdivisions and lots or tracts proposed for development shall be installed by the developer at the developer's expense. Signage shall conform to the most current version of the Manual on Uniform Traffic Control Devices ("MUTCD"), published by the Federal Highway Administration.

C.

Traffic Signals. If a subdivision or other proposed development will generate traffic at levels that warrant the installation of traffic signals or other traffic control devices within 1,320 feet of the development, the developer shall contribute its proportional fair share toward the cost of the signal or other traffic control device.

Owners of property that abut a public right-of-way shall maintain the property between the edge of pavement or the inside of the curb and the owner's property line, including providing for continuing compliance with Subsection 11-713.05., Sight Distance Requirements.

A.

Water, Waste Water, and Gas. All water and sewer lines and utilities for such purposes shall be located in the right-of-way, with additional easements for the location of pumping or lift stations or the like, unless it is certified by the utility provider, the developer(s), and/or property owner(s) concerned that such location is impractical, and the planning commission finds that the placement is not feasible and a special exception is warranted. Where location in the right-of-way is found to be impractical or infeasible, easements for water, waste water, and/or gas lines shall then be obtained along the front property line. Main lines for water, waste water, and gas service must be run along each street in the subdivision such that service lines can be connected to each adjoining lot.

B.

Electrical and Telecommunication Utilities. Electrical distribution lines, excluding transmission and key distribution lines, and telecommunications lines shall be installed underground. All underground conduits for electrical power, telecommunication, and other similar purposes shall be located in the easement along the rear lot line, with adequate easement for installing such utilities underground, unless certified by the utility provider concerned that the rear lot line location is impractical, or unless the planning commission and the city council finds this placement is not feasible.

A.

Water Supply. All development must be served by adequate water supply and pressure to provide fire protection according to standards promulgated by the Department of Public Works in consultation with the Fire Department.

B.

Line Sizing and Hydrant Spacing. The sizes of water lines and spacing between hydrants shall be established by the Department of Public Works in consultation with the Fire Department, which may be included in the Right-of-Way Manual, as applicable.

The developer shall be responsible for providing sewers for the subdivision from the nearest public sewer collection line available, at the developer's expense. The minimum sewer collection line size in the subdivision, shall be eight inches in diameter, and the minimum size line from the subdivision to the public collection line shall be eight inches in diameter. However, if the director of public works requires larger diameter pipe, then the developer shall be responsible for the additional expenses incurred for the larger diameter pipe.

A.

Gas Utility. The developer shall be responsible for providing gas for the subdivision from the nearest gas system available, at the developer's expense in accordance with an agreement entered into with the Department of Utilities. The minimum gas line size shall be two inches in diameter. However, if the director of public works requires larger diameter pipe, then the developer shall be responsible for the additional expenses incurred for the larger diameter pipe. The type of pipe to be used for gas lines shall be polyethylene and shall be ASTM D2513 or the equivalent. All gas service lines shall be at least 18 inches below the surface at the meter and 24 inches below the surface at the property line to conform with the rules and regulations of the Department of Utilities. All rises from the gas service line to the meter shall be a minimum of one inch in diameter. Gas service lines from the main to the meter shall be at least five-eighths-inch in diameter.

B.

Electric Utility. The developer shall be responsible for providing electrical connection from the nearest electrical system available, at the developer's expense in accordance with an agreement entered into with the Department of Utilities. The point of service for the electric utility shall be near the property line of the premises to be served.

The purpose of this section is to establish standards for the management of illicit discharges, soil erosion, sediment deposition, and the environmental impacts of land uses (e.g., noise, vibration, air quality, water quality, and glare), in order to ensure that the city continues to provide a desirable environment for residences, recreation, education, culture, commerce, and industry.

A.

Environmental Quality. Set out in Section 11-723, Environmental Quality, are the standards for hours of noise, ground vibration, emissions of air pollutants, discharge of water pollutants, and creation of glare. In some cases, these provisions reference standards that are enforced by other levels of government. Such references do not waive requirements for compliance with any other applicable state or federal standards that are not listed.

B.

Illegal Discharges and Storm Damage Prevention. Set out in Subsection 11-723.04., Water Quality and Quantity, are the technical standards for storm water management within the city and the extra-territorial jurisdiction.

A.

Construction and Related Activities. It is unlawful for any person to operate or permit to be operated any device or equipment in any building, construction, demolition, land clearing, excavation or similar outside construction area, or perform alteration, or repair work on any building, structure or project, between sunrise and sunset if the noise level created exceeds 70 dB(a) measured at the nearest property line or at any point further from the noise source at issue, unless such noise levels over 70 dB(a) are for those construction activities necessary for the construction of the facility and that are performed in a reasonable manner, as determined by the building official, within the following, but not limited to the following, factors to be considered when determining whether necessary construction noise levels above 70 dB(a) are reasonable: 1) radios or amplified music are not reasonable, 2) improperly functioning construction equipment is not reasonable; and placement of equipment at the borders of a construction project is not reasonable when other suitable locations that would lessen the noise impact are available. The director of public works may also authorize construction activities before sunrise and after sunset, for good cause shown, including, but not limited to, minimizing peak hour traffic disruptions and performing emergency repairs.

B.

Enforcement. For the purpose of enforcement of the provisions of this section, noise levels of alleged violations shall be measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirements for Type 2 sound level meters as defined in ANSI S1.4-1983, or its successor. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels (motor vehicles), fast response speed may be used. Prior to measurement, the meter shall be verified, and adjusted to 0.3 decibels by means of an acoustical calibrator.

Measurements recorded shall be taken so as to provide a proper representation of the noise source. The microphone shall be used so as to provide a proper representation of the noise source. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A windscreen for the microphone shall be used when required. When measuring the sound level of alleged violations sporadic noise sources such as aircraft and emergency vehicles shall not be considered.

C.

Exemptions. Under unusual circumstances, not specified in these regulations, and at the discretion of the city administrator, a noise level may exceed the ranges specified herein.

The following noise sources, activities and uses shall be exempt from the noise regulations specified in this section:

1.

Noises of safety signals, warning devices, and emergency pressure relief valves;

2.

Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency; and

3.

Noises resulting from work associated with the erection, construction, alteration or maintenance by public utilities, municipal departments or commissions, or any governmental agencies of underground or overhead electrical, gas, water or wastewater, transmission or distribution system, collection, communication, supply or disposal system, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, electrical substations, gas regulator stations, connection therewith, reasonably necessary for the furnishing of utility service by such public utilities, municipal departments, commission or any governmental agencies, or for the public health, safety or welfare.

A.

Generally. Ground vibration can be a nuisance to abutting property, regardless of whether it is perceptible without instruments. The performance standards of this subsection are intended to provide standards of protection to limit the negative effects of ground vibration in the city and extra-territorial jurisdiction.

B.

Measurement. For the purposes of this section, vibration is measured as "vibration decibels", or VdB, which are calculated as: VdB = 20 x log10 (v / (1 x 10-6 in. /sec.)), where "v" is the rms velocity amplitude, calculated as the average of the squared amplitude of the vibration, measured in inches per second. Under contract to the city, an operator trained to measure vibrations shall make all such measurements and shall submit and certify them to the city. Properties where it is found that the vibration decibels exceed those set out in Table 11-723.02., Vibration Standards, shall be subject to penalties as described herein and any fees charged by the operator hired by the city.

C.

Point of Measurement. All measurements shall be taken at the property line with a sound level meter meeting ANSI specifications for a Type II or better general purpose sound level meter. The A-weighted response shall be used.

D.

Standards. The standards of Table 11-723.02., Vibration Standards, shall be met as measured at the property line, except as provided in Subsection E., below.

E.

Maximum Sound Levels. All noises shall be muffled so as not to be objectionable because of intermittence, beat frequency, or shrillness.

Exception. The following are excepted from these standards:

4.

Vibrations emanating from construction activities between the hours of 7:00 AM and 7:00 PM that are temporary in nature, and commonly associated with construction activity.

5.

Transient vibrations of moving vehicles.

A.

Generally. No material may be discharged into the air from any source in such quantity as to cause injury, detriment, nuisance, or annoyance to any considerable number of people or to the public in general; or to endanger the health, comfort, or safety of any considerable number of people or to the public in general; or to damage other businesses, vegetation, or property.

B.

Standards Compliance. Air quality shall be maintained according to state and federal standards. Demonstration of compliance shall be provided as required by this section.

C.

Emissions. Applicants for the approval of uses that will emit air pollutants that are subject to regulation pursuant to the Federal Clean Air Act shall demonstrate compliance with that law.

D.

Control of Wind Blown Dust. Landowners shall control wind-blown dust.

E.

Odors. The emission of odors determined by the planning commission to be obnoxious to most people shall be prohibited. Such odors shall be measured at the property line of the operation.

F.

Gases. No release of noxious or poisonous gases shall be permitted except as provided in this section. Measurements of sulfur dioxide, hydrogen sulfide, or carbon monoxide shall not exceed 5 parts per million taken at the property line of the operation.

A.

Sewage and Wastes. No operation shall discharge into a sewer, storm drain, or on the ground any material which is radioactive, poisonous, or detrimental to either waste water or storm water systems.

1.

Purpose and Intent. The purpose of these regulations is to protect the public health, safety, environment and general welfare through the regulation of non-storm water discharges to the City of Fremont Municipal Separate Storm Sewer System ("MS4") to the maximum extent practicable as required by federal and state law. These regulations establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirement of the National Pollutant Discharge Elimination System ("NPDES") permit process. The objectives of these regulations are:

a.

To regulate the contribution of pollutants to the MS4 by storm water discharges by any user.

b.

To prohibit illicit connection and discharges to the MS4.

c.

To prevent non-storm water discharges, generated as a result of spills, inappropriate dumping or disposal, to the MS4.

d.

To establish legal authority to carry out all inspections, surveillance, monitoring and enforcement procedures necessary to ensure compliance with these regulations.

2.

Applicability. These regulations shall apply to all water generated on any developed and undeveloped lands entering the MS4 unless explicitly exempted.

3.

Compatibility with Other Regulations. The regulations of this section are not intended to modify or repeal any other regulations, rule, regulation or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where these regulations are in conflict with any other provisions of law, the provision which is more restrictive or imposes higher protective standards for human health or the environment shall control.

4.

Responsibility for Administration. The director of public works, or his/her appointee, shall administer, implement and enforce the provisions of this section.

5.

Severability. The provisions of this section are hereby declared to be severable. If any provision, clause, sentence or paragraph of this section or the application thereof to any person, establishment or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this section.

6.

Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this section are minimum standards; therefore, this section is not to be interpreted as meaning that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants.

7.

Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 or watercourses any material other than storm water, including, but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standard. The commencement, conduct or continuance of any illegal discharge to the municipal separate storm drain system is prohibited except as follows:

a.

The following discharges are exempt from discharge prohibitions established by this section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater de-watering system), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if de-chlorinated, typically less than one part per million of chlorine), firefighting activities and any other water source not containing pollutants.

b.

Discharges specified in writing by the director of public works as being necessary to protect the public health and safety.

c.

Dye testing is an allowable discharge, but requires a written notification to the director of public works prior to the time of testing.

d.

The prohibition shall not apply to any non-storm water discharge permitted under a NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

8.

Prohibition of Illicit Connections. The construction, connection, use, maintenance or continued existence of any illegal connection to the MS4 is prohibited.

a.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

b.

A person is considered to be in violation of this section if the person connects a line conveying pollutants to the MS4 or allows such a connection to continue.

9.

Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provision of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Fremont prior to the allowing of discharge to the MS4.

10.

Requirements to Prevent, Control and Reduce Storm Water Pollutants by the Use of Best Management Practices. The city will adopt requirements identifying Best Management Practices ("BMP's") for any activity, operation or facility which may cause or contribute to pollution or contamination of storm water, the MS4 or waters of the state of Nebraska or of the United States of America. The owner or operator of a commercial or industrial establishment shall provide, at the expense of the owner or operator, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or water courses through the use of these structural and non-structural BMP's to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with the industrial provisions of this section is required. These best management practices shall be part of a storm water pollution prevention plan as necessary for compliance with requirements of the NPDES permit.

11.

Watercourse Protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.

12.

Suspension of MS4 Access.

a.

Suspension due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment or to the health or welfare of persons, or to the MS4 or waters of the state of Nebraska or of the United States of America. If the violator fails to comply with a suspension order issued in an emergency , the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state of Nebraska or of the Unites State of America or the minimize danger to persons or property.

b.

Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of its MS4 access. The violator may petition the city administration for reconsideration and hearing. A person commits an offense if that person reinstates MS4 access to premises terminated pursuant to this section, without prior written approval of the director of public works.

13.

Access and Inspection of Properties and Facilities. The director of public works or designee may enter an inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this section.

a.

Employees of the city may enter and inspect facilities subject to regulations under this section as often as may be necessary to determine compliance with this section.

b.

Facility operators shall allow authorized employees of the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a NPDES permit to discharge storm water and performance of any additional duties as defined by state and federal law.

c.

The city may set up on any permitted facility such devices as are necessary in the opinion of the director of public works to conduct monitoring and/or sampling of the facility's storm water discharge.

d.

The city may require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure accuracy.

e.

The temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.

f.

Unreasonable delays in allowing the city access to a permitted facility is a violation of a storm water discharge permit and of this section. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.

g.

If the representatives of the city have been refused access to any part of the premises from which storm water is discharged, the city may seek issuance of a search warrant from any court of competent jurisdiction.

14.

Notice of Accidental Discharge and Spills.

a.

Notwithstanding other requirements of the law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-storm water discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging in the MS4, waters of the state of Nebraska or of the United States of America, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effect of the discharge.

b.

Said person shall notify the director of public works or his/her designee within 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications that are not in writing shall be confirmed by written notice address and mailed to the director of public works or his/her designee within three days of the telephone call or personal notification. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence. Such records shall be trained for at least three years, Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

c.

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

d.

Failure to provide notification of a release as provided herein is a violation of these regulations.

15.

Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the director of public works or his/her designee may order compliance by written notice of violation to the responsible person. Such notice shall be sent via regular U.S. Mail or via hand delivery to the owner of the property.

a.

The notice shall include:

1.

The name and address of the alleged violator;

2.

The address when available or a description of the building, structure, or land upon which the violation is occurring or has occurred;

3.

A statement specifying the nature of the violation;

4.

A description of the remedial action;

5.

A statement of the penalty or penalties that shall or may be assessed against the person or persons to whom the notice of violation is directed; and

6.

A statement that the determination of violation may be appealed to the city administrator by filing a written notice of appeal within 30 days of service of notice of violation.

b.

In the event of a violation, the city may require:

1.

The performance of monitoring, analyses and reporting;

2.

The elimination of illicit discharges and illegal connections;

3.

That violating discharges, practices, or operations shall cease and desist;

4.

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

5.

Payment of costs to cover administrative and abatement costs;

6.

The implementation of pollution prevention practices; and

7.

Such other action(s) as may be reasonably necessary to accomplish the purpose of this section.

16.

Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the city of Fremont. The notice of appeal shall be in writing and shall be delivered to the city Clerk within 30 days from the date of the Notice of Violation. Hearing on the appeal before the city administrator shall take place within 15 days from the date of receipt of the notice of appeal. The pendency of an appeal shall not relieve the responsible person from complying with the requirements of the Notice of Violation, unless the director of public works otherwise consents in writing.

17.

Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 15 days of the decision of the city administrator, then representatives of the city may enter upon the subject private property and are authorized to take any measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city of Fremont or designated city contractor to enter upon the premises for the purposes set forth above.

18.

Cost of Abatement of the Violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the city clerk objecting to the assessment or to the amount of the assessment within 30 days of such notice. If the amount due is not paid within 30 days after receipt of the notice or if an appeal is taken within 30 days after a decision on said appeal, the assessment may be collected pursuant to law.

19.

Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section, the city may petition for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation.

20.

Alternative Actions upon Violation. In lieu of enforcement proceedings, penalties and remedies authorized by this section, the city may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, waterway cleanup or other community service work.

21.

Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.

22.

Criminal Prosecution.

a.

Any person who has violated or continues to violate this section shall be liable for criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $1,000.00 per violation per day for each day deemed to be in violation.

b.

The city may recover all attorney fees, court costs and other expenses associated with enforcement of this section, including sampling and monitoring expenses.

23.

Remedies Not Exclusive. The remedies listed in this section are not exclusive or any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.

B.

Grading, Excavating, Erosion, and Sediment Control. Measures to protect water quality during construction and for land disturbance activities shall be implemented pursuant to the standards set out herein.

1.

Purpose and Intent. The intent of these regulations is to protect and enhance the water quality of local receiving waters in a manner pursuant to and consistent with the Federal Clean Water Act and also to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-storm water discharges to the Municipal Separate Storm Sewer System (MS4) according to locally approved standards as required by federal and state law. The objectives of these regulations are:

a.

To regulate the contribution of pollutants to the MS4 by storm water discharges from construction activity and development;

b.

To reduce pollutants in storm water discharges from construction activity by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land;

c.

To require the construction of locally-approved, permanent storm water runoff controls to protect water quality and maintain non-erosive hydrologic conditions downstream of construction activity and development;

d.

To require responsibility for and long-term maintenance of structural storm water control facilities and nonstructural storm water management; and

e.

To enable legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this section.

2.

Liability. The standards set forth herein and promulgated pursuant to this section are minimum standards that shall apply to all construction activities which require an approval according to Subsection 11-624.04.B.5. Applicability. Compliance with this section does not act as a waiver or defense to any person for operating a construction site in a manner that allows or causes storm water contamination, pollution, or unauthorized discharge of pollutants. The owner and operator of any approved construction activity shall be responsible for ensuring all activity - including the action of all contractors, subcontractors, trade professionals, delivery personnel and other present at a construction site - are in compliance with all requirements of this section. An owner shall be responsible for notifying the city when any transfer of ownership and liability under this section occurs.

3.

Responsibility for Administration. The city shall administer, implement, and enforce the provisions of this section. Any powers granted or duties imposed upon the city may be delegated by the mayor or city administrator or to persons or entities acting in the beneficial interest of or in the employ of the city.

4.

Severability. The provisions of this section are hereby declared severable. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this section.

5.

Applicability.

a.

This section shall be applicable to all construction activity and land developments requiring - including, but not limited to - site plan applications, subdivision applications, building applications, and right-of-way applications from the city, unless exempt pursuant to subsection b. below. These provisions apply to all portions of any common plan of development or sale which would cause the disturbance of at least one acre of soil even though multiple, separate and distinct land development activities may take place at different time on different schedules.

b.

The following activities are exempt from this section:

1.

Any emergency activity that is necessary for the immediate protection of human health, property, or natural resources; and

2.

Construction activity that provides maintenance and repairs performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.

6.

Prohibitions.

a.

Except as provided in the Subsection 11-624.04.A. Sewage and Wastes, it is unlawful for any person to discharge non-storm water into the MS4.

b.

It is unlawful for any person or representative at a construction site to cause, or allow to be caused the impact, damage and/or removal of any approved storm water pollution control measure without the owner's knowledge and consent.

c.

Storm water discharges from construction activities shall not cause or threaten to cause pollution, contamination or degradation of waters of the state.

7.

Construction.

a.

General Requirements for Construction Activities.

1.

Except for construction activity relating to the Building Phase of Development, the city shall require proof of coverage by a NDEQ general permit authorization for Storm Water Discharges from Construction Sites before providing approval for construction activity covered in Subsection 11-624.04.B.5. Applicability.

2.

A pre-construction meeting shall be scheduled with an appointed official with the city to review the installation of all temporary erosion and sediment control BMP's included on the approved erosion and sediment control plan at least two days before any construction activities are scheduled to start.

3.

Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMP's. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be released from the site is prohibited. Sanitary waste facilities shall be provided and maintain in a secured manner.

4.

Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing such materials or used in transporting or applying ready-mixed concrete, shall not be allowed to discharge from any construction site.

5.

Cover or perimeter control shall be applied within 14 days to any soil stockpiles that will remain undisturbed for longer than 30 days.

6.

Disturbed soil shall be managed with BMP's that are adequately designed, installed, and maintained according to locally-approved technical standards, specifications and guidance for the duration of the construction activity to minimize erosion and contain sediment within the construction limits.

7.

Sediment tracked or discharged onto public right-of-way shall be removed immediately.

8.

Bulk storage structures for petroleum products and other chemicals shall have adequate protection to contain all spills and prevent any spilled material from entering the MS4 or waters of the state.

9.

Temporary BMP's shall be removed and disturbed areas shall be stabilized with permanent BMP's at the conclusion of all approved construction activity.

b.

Requirements for the Building Phase of Development. Any person who engages in construction activity is responsible for compliance with this section and all applicable terms and conditions of the approved construction activity and Storm Water Pollution Prevention Plan ("SWPPP") as it relates to the building phase of development. The following information shall be included with the application for a building permit and be submitted to the building official:

1.

Either the legal description and NPDES permit number for the Larger Common Plan of Development; or

2.

The location of the property where the building phase of development is to occur; and

3.

A certification that the building phase of development for the property described on the application for a building permit will be conducted in conformance with these regulations and the Construction Activity SWPPP.

c.

Construction Activity Storm Water Pollution Prevention Plan.

1.

A SWPPP shall be prepared and updated in accordance with locally-approved technical standards, specifications, and guidance for construction activity within the city and shall include an erosion and sediment control plan for land disturbance.

2.

The SWPPP shall include a description of all potential pollution sources, temporary and permanent BMP's that will be implemented at the site as approved by the city.

3.

The erosion and sediment control plan shall be submitted to the city for review with any application covered in Subsection 11-624.04.B.5. Applicability.

4.

Land disturbing activities may not proceed until approval of the erosion and sediment control plan is provided by the city.

5.

The owner or operator is required to have a copy of the SWPPP readily available for review with content that reflects the current condition of the construction activity and all records that demonstrate compliance and are required by this section.

6.

The SWPPP shall include a description of routine site inspections.

a.

The owner or their representative shall inspect all BMP's at intervals of no greater than 14 days and within 24 hour after any precipitation event of at least one half inch.

b.

Inspections of BMP's shall be conducted by an individual or person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact storm water quality and to assess the effectiveness of any erosion and sediment control measures selected to control the quality of storm water discharges from the construction activity.

c.

Inspection reports shall provide the name and qualification of the inspector, date of the evaluation, risks to storm water quality identified, and all corrective actions necessary to prevent storm water pollution.

d.

The owner or operator of a construction activity may be required to submit copies of inspection reports for review on a periodic basis by the city.

7.

Based on inspections performed by the owner, operator, authorized city personnel, state of federal regulators modifications to the SWPPP will be necessary if at any time the specified BMP's do not meet the objectives of this section. In this case, the owner shall meet with an appointed official of the city to determine the appropriate modification. All required modifications shall be completed within seven days of receiving notice of inspection findings, and shall be recorded in the SWPPP.

8.

The owner or operator of a construction site shall be responsible for amending the SWPPP whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWPPP proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with land disturbance.

9.

Records of inspections are to be maintained with the SWPPP for the life of the project. Inspections records are to be available to city inspectors upon request. Delay in providing a copy of the SWPPP or any requested records shall constitute a violation of these regulations.

d.

Requirements for Utility Construction.

1.

Utility agencies or their representatives shall develop and implement BMP's to prevent the discharge of pollutants on any site of utility construction within the city. The city may require additional BMP's on utility construction activity. If the utility construction disturbs greater than one acre, the utility agency must comply with the requirement of Subsection 11-624.04.B.7.a., General Requirements for Construction Activities, and Subsection 11-624.04.B.7.b., Requirements for the Building Phase of Development.

2.

Utility agencies or their representatives shall implement BMP's to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed solid shall be managed and construction site exits shall be managed to prevent sediment tracking. Sediment tracked onto public right-of-way shall be removed immediately.

3.

Prior to entering a construction site or subdivision development, utility agencies or their representatives shall obtain and comply with any approved erosion and sediment control plans for the project. Any impact to construction and post-construction BMP's resulting from utility construction shall be repaired by the utility company within 48 hours.

8.

Post-Construction.

a.

Post Construction Requirements of Permanent BMP's.

1.

Land Development that meets the requirements of Subsection 11-624.04.B.5. Applicability, must address storm water runoff quality through the use of permanent BMP's. Permanent BMP's shall be provided for in the drainage plan for any subdivision plat, subdivision agreement or other local development plans.

2.

Structural BMP's located on private property shall be owned and operated by the owner(s) of the property on which the BMP is located; unless the city agrees in writing that a person or entity other than the owner shall own or operate said BMP. As a condition of approval of the BMP, the owner shall also agree to maintain the BMP in perpetuity to its design capacity unless, or until, the city shall relieve the property owner of that responsibility in writing. The obligation to maintain the BMP shall be memorialized on the subdivision plat, subdivision agreement or other form acceptable to the city and shall be recorded with the Public Works Department.

b.

Certification of Permanent BMP's. Upon completion of a project, and before a certificate of occupancy shall be granted, the city shall be provided a written certification stating that the completed project is in compliance with the approved Final Storm Water Plan. All applicants are required to submit "as built" plans for any permanent BMP's once final construction is completed and must be certified by a professional engineer licensed in the state of Nebraska. A final inspection by the city of all post-construction BMP's shall be required before a Certificate of Occupancy will be issued or any public infrastructure is accepted.

c.

Ongoing Inspection and Maintenance of Permanent BMP's.

1.

The owner of site must, unless an on-site storm water management facility or practice is dedicated to and accepted by the city, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent BMP's.

2.

Permanent BMP's included in a Final Storm Water Plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and these regulations.

9.

Technical Standards, Specifications, and Guidance. All BMP's designed to meet the requirements of this section shall reference the appropriate technical standards, specifications and guidance as follows:

a.

City Standards and Specifications for Construction;

b.

Nebraska Department of Roads Drainage Design and Erosion Control Standards, Specifications and Guidance; and

c.

Any other alternative methodology, approved by the Public Works Department, which is demonstrated to be effective.

10.

Submissions from the General Public. The city will consider information from the public as it pertains to the implementation and enforcement of these regulations.

11.

Authorization of Enforcement Personnel. The city shall designate appointed personnel with authority to conduct inspections, issue notices of violation and implement other enforcement actions under this section as provided by the city.

12.

Right of Entry and Sampling. Whenever the city has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of these regulations, the owner or operator shall provide access to the premises at any reasonable time to determine if there exists an actual or potential violation of the requirements of this section. In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

The city shall have the right to employ such devices and undertake such an inspection, on or off premises, as are necessary, to determine whether the requirements of this section are met. The inspection may include, but is not limited to, the following:

a.

Sampling of any discharge and or process waters;

b.

The taking of photographs;

c.

Interviewing staff on alleged violations; and

d.

Accessing any and all facilities or areas within the premises that may have an effect on the discharge.

13.

Violations, Enforcement and Penalties. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person who violates any of the provisions of this section, shall be subject to one or more of the enforcement actions outline in this section. Any violation or threatened violation may be restrained by injunction or otherwise abated in a manner provided by law.

In the event the violation constitutes an immediate danger to public health or public safety, the city representative is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of abatement as outlined herein.

a.

Compliance Directive. In addition to any other remedy available to the city, city inspectors may issue compliance directives at the time of inspection to require a person to implement actions that will correct any violation of this section.

b.

Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this section, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

1.

The performance of monitoring, analyses, and reporting;

2.

The elimination of illicit connections or discharges;

3.

That violating discharges, practices, or operations shall cease and desist;

4.

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;

5.

Payment of a fine to cover administrative and remediation costs; and

6.

The implementation of source control or treatment BMP's.

If abatement of a violation or the restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to complete the remediation or restoration within the established deadline, the work may be done by the authorized enforcement agency or it designee and the expense thereof shall be charged to the violator.

c.

Appeal of Notice of Violation. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within 10 days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or its designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final.

d.

Enforcement Measures after Appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 10 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency and its designees are authorized to enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated agent to enter upon the premises for the purposes set forth above.

e.

Stop Work Order. Whenever the city determines that any activity is occurring which is not in compliance with the requirements of this section, the city may order such activity stopped upon service of written notice upon the owner and/or operator responsible for or conducting such activity. Such owner and/or operator responsible for or conducting such activity. Such owner and/or operator shall immediately stop all activity until authorized in writing by the city to proceed. If the appropriate owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the city. It shall be unlawful for any owner and/or operator to fail to comply with a stop work order.

f.

Cost of Abatement of the Violation. If the authorized enforcement agency abates a violation, then within 10 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. Such notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the County Assessor. Such notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within 10 days of the effective date of the notice. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal, and such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. In the event a protest is filed, a hearing on such protest shall be held before the appropriate authority or its designee within 15 days from the date of receipt of the written protest. If any charges are upheld upon completion of such hearing, then such charges shall become due and payable 10 days after the issuance of the order upon such protest and if not timely paid, such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Such charges may also be recovered in a civil action against the owner or other person in control of the premises for which such charges were incurred, and any person violating any of the provisions of this section shall be liable to the city for all costs, fees, charges and expenses, including but not limited to administrative costs and legal fees and costs, be reason of such violation.

g.

Civil Penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days after the city has taken the actions described above, the city may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after the receipt of the notice of violation.

h.

Criminal Penalties; Enforcement Costs. Any person who violates any provision of this section shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of up to $1,000 per violation per day and/or imprisonment for a period of time not to exceed one year.

The city may recover all attorneys' fees, court costs, and other expenses associated with enforcement of these regulations, including sampling and monitoring expenses.

i.

Injunctive Relief. The authorized enforcement agency may petition for a preliminary or permanent injunction restraining any person from undertaking any activities which would result in a violation or continued violation of this section, and may seek mandatory injunctive relief compelling the person to perform abatement or remediation of any violation of these regulations.

j.

Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, or may be subject of a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance.

k.

Remedies Not Exclusive. Except as expressly provided above, the remedies in this section are cumulative and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this section. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies

14.

Action without Prior Notice. Any person who violates a prohibition of fails to meet a requirement of this section will be subject, without prior notice, to one or more of the enforcement actions identified herein, when attempts to contact the person have failed and the enforcement actions are necessary to stop an actual or potential discharge which presents or may present imminent danger to the environment, or to the health or welfare of persons, or to the MS4.

15.

Other Legal Action. Notwithstanding any other remedies or procedures available to the city, if any person discharges into the MS4 in a manner that is contrary to the provisions of this section, the city attorney may commence an action for appropriate legal and equitable relief including damages and costs in the County Court. The city attorney may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger.

C.

Storm Water Management. Measures to protect water quality and to manage the quantity and velocity of storm water runoff shall be implemented pursuant to the standards promulgated by the state of Nebraska and the National Pollutant Discharge Elimination System ("NPDES"), as set out in the latest city council adopted ordinance in regard to post-construction storm water management plans and storm water treatment facilities in particular.

A.

Glare from Use. Glare from any process (such as or similar to arc welding or acetylene torch cutting), which emits harmful ultraviolet rays shall be performed in such manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines or street rights-of-way.

B.

Glare from Buildings and Structures. Buildings and structures (including signs) shall be designed and oriented to avoid glare that materially interfere with the safe operation of streets, or the personal enjoyment of a neighboring resident.

C.

Heat. No heat may be generated from an operation that raises the air temperature at the property line of the operation by more than five degrees Fahrenheit above the ambient air temperature.

No operation shall involve the use of highly flammable gases, acid, liquids, or other inherent fire hazards. This prohibition shall not apply to the normal use of heating or motor fuels and welding gases when handled in accordance with the regulations of Dodge County and the City of Fremont.

Any above or below ground storage of liquid petroleum products or chemicals of a flammable or noxious nature shall not exceed 150,000 gallons when stored on a lot that is less than one acre. Such storage shall not exceed 25,000 gallons in any one tank. Storage of liquid petroleum products or chemicals of a flammable or noxious nature in excess of 25,000 gallons shall be located at least 50 feet from any structure intended for human habitation and at least 200 feet from a Suburban Residential, Auto-Urban Residential, Urban Residential, Mobile Home, Suburban Commercial, General Commercial, Downtown Commercial, Business Park, Campus/University, Parks and Open Space, or Planned Development District.