This article shall be known as the “Holdrege Subdivision Regulations”.

(2005 Code, § 11-1201)

   Responsible land subdivision is the initial step in the process of orderly community development. Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is difficult and costly. The purpose of this article is to set forth rules and regulations for the division of real property so that each subdivision shall be properly coordinated with existing streets, utilities and public facilities and for the future development of these entities. These regulations will be helpful to city officials and private developers by clarifying city requirements and by assuring more uniform application of city standards for new subdivisions.

(2005 Code, § 11-1202)

   The requirements and recommendations set forth herein are designed to encourage orderly municipal growth for the city through responsible land subdivision and are adopted under authority established by state law.

(2005 Code, § 11-1203)

   These regulations shall apply to all subdivisions of land within the corporate limits of the city, as presently exists or as hereafter established, and any unincorporated territory lying outside of, but within, two miles of the nearest point of the city limits.

(2005 Code, § 11-1204)

   The regulations of this article shall apply to any person desiring to:

   (A)   Divide or further divide land;

   (B)   Otherwise alter the boundaries of lots or parcels of land;

   (C)   Vacate streets or alleys; or

   (D)   Dedicate land for use as streets, alleys or sidewalks or for other public or private purposes, except in compliance with the provisions of this article.

(2005 Code, § 11-1205)

   Notwithstanding the requirements of §§ 11-1203 through 11-1205 of this article, these regulations shall not apply in the following instances or transactions:

   (A)   The division or further division of land into lots or parcels, each of which contains more than ten acres, where such subdivision does not involve the creation of any new streets or easements of access as may be determined by the Planning Commission;

   (B)   A transaction between owners of adjoining land which involves only a change in the boundary between the land owned by such persons and does not create an additional lot;

   (C)   A conveyance of land or interest therein for use as right-of-way by railroad or other public utilities subject to state or federal regulations, where no new street or easement of access is created;

   (D)   A conveyance made to correct a description in a prior conveyance;

   (E)   Any transfer by operation of law;

   (F)   The division of land in the unincorporated area into no more than two parcels or tracts (one of which is the original tract) not covered by any other exemption clause of this section and which does not involve any new streets or easements of access; and

   (G)   Any lot split approved in accordance with these regulations.

(2005 Code, § 11-1206)

   (A)   (1)   The administration of these regulations is vested in the following governmental branches, agencies, departments or individuals of the government of the city:

         (a)   The City of Holdrege Planning Commission (hereinafter referred to as the “Planning Commission”); and

         (b)   The local governing body (hereinafter referred to as “the City Council”).

      (2)   Each of the above named governmental branches, agencies, departments or individuals shall have the responsibilities hereinafter set forth.

(2005 Code, § 11-1207)

   (B)   The City Clerk shall:

      (1)   Maintain an up-to-date subdivision ordinance, including amendments thereto and permanent and current records with respect to these regulations;

      (2)   Receive, file and transmit applications, sketch plats, preliminary plats and final plats, to the designated review groups as specified in these regulations; and

      (3)   Inform applicants of procedures required for subdivision approval.

   (C)   The Planning Commission shall:

      (1)   Review final plat for compliance with the preliminary plat as approved;

      (2)   Review and approve, approve conditionally or disapprove the sketch plat;

      (3)   Review and approve, approve conditionally or disapprove the preliminary plats;

      (4)   Review and approve or disapprove the final plat and transmit the same to the City Council for approval or disapproval and for the acceptance of dedications of streets, alleys and other public ways and sites, if approved;

      (5)   Transmit the final plat to the governing body of the county for acceptance of dedications of streets, alleys and other public ways and sites where a proposed subdivision is in the unincorporated area of the county; and

      (6)   Make such other determinations and decisions as may be required of the Planning Commission from time to time by these regulations or the applicable sections of the state law.

(2005 Code, § 11-1208)

   (D)   The City Council shall review and approve or disapprove all final plats and, in cases of approval where appropriate, accept dedications of streets, alleys and other public ways and sites shown on such plats and, in cases of disapproval, shall inform the applicant in writing of the reasons for disapproval.

(2005 Code, § 11-1209)

   (E)   Prior to the filing of a preliminary plat, the following fees shall be paid.

      (1)   The filing fee shall be: $20, plus $5 each for lots zero to ten; $2 each for lots 11 to 50; and $1 each for all lots over 50.

      (2)   The filing fee for a lot split or vacation shall be $20.

      (3)   A written receipt shall be issued to the person(s) making such payment. No fee shall be required when such proposed plat, subdivision, lot split or vacation is owned by any department, agency, political subdivision, board or commission of any city, county or federal government.

      (4)   No fee shall be refunded in the event that a preliminary or final plat is disapproved.

(2005 Code, § 11-1210)

   (F)   No plat or subdivision shall be approved which does not comply with the provisions of these regulations.

(2005 Code, § 11-1211) (Ord. 2459, passed 7-5-2022)

   (A)   Any person desiring to subdivide land that is subject to the provisions of this article shall file with the City Clerk an application which states the name and address of the person making the application. Ten copies of the preliminary plat shall be filed with the City Clerk. The copies of the preliminary plat and all appropriate information shall then be transmitted to the Planning Commission for appropriate action.

(2005 Code, § 11-1212)

   (B)   The preliminary plat shall not be accepted for filing until a filing fee therefore has been paid by the subdivider.

(2005 Code, § 11-1213)

   (C)   The preliminary plat shall contain information and data set out in §§ 11-1213 and 11-1214 of these regulations.

(2005 Code, § 11-1214)

   (D)   The City Clerk shall distribute one or more copies of the preliminary plat to the following governmental agencies, departments and other persons as may be deemed appropriate for the particular proposed subdivision; the Municipal Services Director, the City Engineer, the Planning Commission, the Fire Department, the Police Department, the appropriate Health Department, the Zoning Administrator, State Highway Department (if the subdivision is adjacent to a state highway) and Utility Companies providing gas, telephone, electric or water service in or near the subdivision. The agencies, departments and persons named in this section shall have a minimum of five working days to review the preliminary plat and to make their report and recommendations to the Planning Commission. The agencies, departments and appropriate persons named in this section shall return the preliminary plat, report and recommendations to the Planning Commission. If such report has not been returned to the Planning Commission within ten working days after receiving a plat for review, the proposed plat shall be deemed to be in conformance with the laws, rules or policies of the reviewing agency or department.

(2005 Code, § 11-1215)

   (E)   The Planning Commission shall review the preliminary plat and consider the report and recommendations of the agencies, departments and persons to whom the preliminary plat has been submitted for review and may conduct a public hearing, at which time interested persons may attend and offer evidence in support of or against such preliminary plat.

      (1)   The Planning Commission shall thereupon determine on the basis of all evidence before it, whether the preliminary plat generally meets the design standards and requirements of these regulations, a development plan of the city, the zoning regulations of the city and other applicable provisions of the city.

      (2)   If the foregoing considerations are satisfied, the Planning Commission shall approve the preliminary plat and endorse such approval on the face of the plat.

      (3)   If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions, it may suggest modifications so as to satisfy such conditions and in such event:

         (a)   The subdivider may amend the preliminary plat so as to incorporate such modifications and re-submit the preliminary plat to the Planning Commission which shall then grant its approval if such amendments satisfactorily incorporate the suggested modifications; or

         (b)   The subdivider may reject the suggested modifications, or, within the time allowed for Planning Commission action, may refrain from taking any action thereon. In either event, the preliminary plat shall be deemed to have been disapproved and the Planning Commission shall thereupon furnish the subdivider a written statement setting forth the reasons for disapproval of the preliminary plat.

      (4)   If the Planning Commission determines that the preliminary plat does not satisfy the foregoing conditions and that modifications would be too extensive or impractical, it shall disapprove the preliminary plat and immediately notify the subdivider of its action and the reasons therefor.

      (5)   The foregoing provisions to the contrary not withstanding, the Planning Commission shall approve or disapprove the preliminary plat within 60 days from the date of filing such plat or from the date the subdivider has submitted the last item of required data, whichever date is later, unless such time is extended by mutual consent. If the preliminary plat is disapproved, then within ten days thereof the Planning Commission shall furnish to the subdivider a statement in writing setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed preliminary plat fails to conform to the requirements of these regulations, the development plan and the zoning regulations of the area, and other applicable provisions of the ordinances of the city.

(2005 Code, § 11-1216)

   (F)   If the Planning Commission falls to approve or disapprove the preliminary plat within the period of time set by subsection (E) above, then such preliminary plat shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitation.

(2005 Code, § 11-1217)

   (G)   Any interested person may appeal a decision of the Planning Commission regarding preliminary plats to the City Council by filing notice of appeal with the City Clerk within 30 days following the action of the Planning Commission. Any decision by the City Council to approve, disapprove or amend the preliminary plat shall be stated in writing, to the Planning Commission and the person appealing the decision, setting forth the reason for its final decision.

(2005 Code, § 11-1218)

   (H)   (1)   Approval of the preliminary plat shall not constitute acceptance of the subdivision by the Planning Commission, but shall signify merely the general acceptability of the proposed subdivision.

      (2)   Such approval shall be considered permission to prepare the final plat, detailed plans and specifications for the proposed subdivision and for all public improvements to be constructed therein by the subdivider.

      (3)   Such approval shall be effective for no more than 12 months from the date approval was granted, unless, upon an application of the subdivider, the Planning Commission grants an extension of time beyond such period. If the final plat has not been approved and recorded by the provisions of these regulations within such 12-month period, or any extensions granted thereto, the preliminary plat must be re-submitted to the Planning Commission as if no such plat had ever been approved; except that, no additional fee shall be charged for such re-submission.

(2005 Code, § 11-1219)

   (A)   The final plat shall be accurately, clearly and legibly drawn in black waterproof India ink or photographed upon good tracing cloth or Mylar. The original plat, which bears all affidavits, certificates, acknowledgments and signatures, together with ten copies thereof, shall be filed with the City Clerk and transmitted to the Planning Commission within 12 months after the date that the preliminary plat is approved.

(2005 Code, § 11-1220)

   (B)   The Planning Commission shall approve or disapprove the final plat within 60 days after it has been submitted for final approval. If the Planning Commission disapproved the final plat, it shall advise the subdivider in writing of the reasons for such disapproval within ten days after such action. The Planning Commission shall approve a final plat if it is:

      (1)   Substantially the same as the approved preliminary plat;

      (2)   There has been compliance with all conditions, restrictions and requirements of this chapter and all other applicable ordinances of the city; and

      (3)   There has been compliance with any conditions that may have been attached to the approval of the preliminary plat.

(2005 Code, § 11-1221)

   (C)   If the Planning Commission fails to act on the final plat within 60 days, it shall be deemed to have been approved unless the subdivider shall have consented to extend or waive such time limitations.

(2005 Code, § 11-1222)

   (D)   Before a final plat is recorded it shall be submitted to the appropriate governing body for its approval, acceptance of streets and other public ways, service and utility easements and land dedicated for public use. Approval of the plat shall be shown over the signature of the Mayor and attested to by the City Clerk following receipt of a Mylar reproduction of the preliminary and final plat as approved. When the area included in the final plat is located in the unincorporated area of the county, and is not to be included in the city limits, it shall also be submitted to the county’s Board for approval. If either the city or county governing body disapproves the final plat, they shall advise the subdivider in writing of the reasons for such disapproval.

(2005 Code, § 11-1223)

   (E)   The governing body (City Council or County Supervisors or both) shall either approve or disapprove the final plat within 60 days after it has been submitted for final approval. The failure of the governing body of the city or the Board of County Supervisors to execute an approval of the plat shall be deemed to be a refusal of the proposed plat.

(2005 Code, § 11-1224)

   The foregoing provisions of these regulations to the contrary not withstanding, an approved preliminary plat may be submitted for final approval in separate geographic units rather than as a whole; provided, the following conditions are met.

   (A)   Each unit of a plat of subdivision for single-family residences shall contain an area of sufficient size based on physical conditions and ability to install improvements economically. Such units should, if possible, contain at least 20 lots.

   (B)   The approval of the Planning Commission upon the advice of local Public Utilities Superintendent and private utility officials as to the feasibility of such development, in separate units, including the feasibility of the proposed sequence of development shall be secured.

   (C)   A final plat of at least one unit shall be submitted for approval within 12 months from the date of approval of the preliminary plat, and final plats of all such units shall be submitted for approval within three years from the date that the preliminary plat was approved. The Planning Commission, on application of the subdivider, may from time to time grant extensions of time within which to submit such final plats; provided that, each such extension shall be for no more than one year.

   (D)   All steps required for the approval of final plats, including the recording thereof, shall be adhered to with respect to each unit so submitted.

(2005 Code, § 11-1225)

   (A)   (1)   Any other provisions of these regulations to the contrary notwithstanding, if a proposed plat of subdivision or resubdivision complies with the requirements of § 11-1210 of these regulations, then the Planning Commission may approve a final plat of such subdivision or resubdivision when a preliminary plat has not been submitted by the subdivider and approved by the Planning Commission.

      (2)   In order to qualify for approval in the manner provided in § 11-1210, a proposed plat of subdivision shall comply with the following requirements.

         (a)   The proposed plat of subdivision shall include not more than five acres.

         (b)   The proposed plat of subdivision shall create not more than five lots, tracts or parcels of land.

         (c)   No public street or easement of access is sought to be dedicated, or is contemplated or projected, through (as opposed to adjacent to) the lot, tract or parcel proposed to be subdivided or resubdivided.

         (d)   The proposed plat of subdivision shall be in the form required in §§ 11-1213 and 11-1214 of these regulations and shall contain all the data, information and certificates required on final plats by §§ 11-1213 and 11-1214 of these regulations.

(2005 Code, § 11-1226)

   (B)   Final plats submitted for approval pursuant to § 11-1210 shall be filed with the City Clerk so that the plat may be submitted to the Planning Commission for review. The Planning Commission may require the subdivider to submit the topographic information listed in §§ 11-1213 and 11-1214 whenever the property proposed to be subdivided or resubdivided is traversed by, or is adjacent to, a known water course, including intermittent streams.

(2005 Code, § 11-1227)

   (C)   The approval of final plats by the Planning Commission pursuant to § 11-1210 of this article shall be subject to the provisions of §§ 11-1208(H) and 11-1208 of these regulations, except insofar as the said sections require prior approval of, or compliance with, an approval plat.

(2005 Code, § 11-1228)

   No building permit, shall be issued for a building or structure on any lot, tract or parcel of any subdivision that is subject to the provisions of these regulations until a copy of the recorded plat of subdivision is available for examination by the official charged with issuing building permits. No such permits shall be issued until there has been compliance with all of the provisions of these regulations and conditions of plat approval.

(2005 Code, § 11-1229)

   (A)   The preliminary plat shall be drawn at a scale of not less than one inch equals 100 feet; however, areas over 100 acres may be at a scale of one inch equals 200 feet.

   (B)   The following general information shall be shown on the preliminary plat:

      (1)   The proposed name of the subdivision. This name shall not duplicate or resemble the name of any existing subdivision within the area subject to this chapter;

      (2)   Date, north point and scale of drawing;

      (3)   An identification clearly stating that the map is a preliminary plat;

      (4)   Location of the subdivision by measured distances to a section corner to define the location and boundaries of the tract which will be subdivided;

      (5)   Name of adjacent subdivisions or, in the case of unplatted land, the name of the owner or owners of adjacent property;

      (6)   The name and address of the owner, subdivider and engineer or surveyor;

      (7)   Date of the topographic survey;

      (8)   The following existing conditions shall be shown on the preliminary plat:

         (a)   The location, width and name of all existing public or private streets within or adjacent to the tract, together with easements, railroad rights-of-way and other important features such as section lines and corners, city boundary lines and monuments;

         (b)   Contour lines or spot elevations related to U.S.G.S. data:

            1.   One- or two-foot contour intervals for ground slopes less than 10%;

            2.   Five-foot contour intervals for ground slopes exceeding 10%; and

            3.   Spot elevations where the ground is too flat for contours.

         (c)   The location and direction of all water courses and areas subject to flooding and as additionally defined by any adopted flood hazard maps;

         (d)   Natural features such as rock out-croppings, marshes, wooded areas and isolated preservable trees;

         (e)   Existing uses of the property including the location of all existing structures that will remain on the property after the final plat is recorded;

         (f)   The horizontal location to the nearest foot, within the subdivision and in the adjoining streets and property, of existing sanitary sewers, storm water sewers, water mains, culverts, drain pipes, underground wiring and gas lines proposed to serve the property to be subdivided. Flow line elevations shall be shown on sanitary sewers, storm water sewers, culverts and drain pipes;

         (g)   Zoning on and adjacent to the tract, if any; and

         (h)   Location, elevation and description of the benchmark controlling the vertical survey.

      (9)   The following information with respect to the manner in which the tract is to be subdivided and developed shall be included on the preliminary plat:

         (a)   Streets, showing the location, width, names and approximate grades thereof. The preliminary plat shall show the relationship of all streets to any projected streets shown on the plat, or to any development plan adopted by the Planning Commission or governing body or if such development plan has been completed as suggested by the Planning Commission;

         (b)   Easements showing width and purpose;

         (c)   Lots showing approximate dimensions, minimum lot sizes and proposed lot and block numbers;

         (d)   Sites, If any, to be allocated for development with other than single-family dwellings;

         (e)   Location and type of utilities to be installed;

         (f)   Sites, if any, to be dedicated for park, playground or other public purposes; and

         (g)   Proposed building setback lines, if any.

      (10)   Additional data and information to be submitted with the preliminary plat. The following data and information shall be submitted in separate statements and/or maps accompanying the preliminary plat or, if practical such data and information may be shown on the preliminary plat:

         (a)   Proposed deed restriction, if any, in outline form;

         (b)   A statement of the manner in which it is proposed to finance improvements and, if a waiver of the provisions of §§ 11-1216 of this article is requested, a statement of the improvements that are to be installed by special assessment; and

         (c)   A statement of the improvements that will be installed by the developer and the approximate time that such improvements will be completed. This statement shall contain sufficient detail with respect to the proposed improvements to permit a determination to be made with respect to whether such improvements will comply with this article and other applicable statutes, ordinances and regulations. If the nature of the improvement is such that it is not practical to prepare and submit all necessary details prior to the approval of the preliminary plat, then the Planning Commission may waive the submissions of such details; provided that, the additional data is submitted at least 30 days prior to the date that approval of the final plat is requested.

(2005 Code, § 11-1230)

   (A)   (1)   The final plat shall be prepared by a licensed land surveyor and shall be accurately, clearly and legibly drawn in black water-proof India ink or photographed upon good tracing cloth or Mylar.

      (2)   The page or sheet size shall be 22 inches by 36 inches, or 18 inches by 22 inches.

      (3)   The scale shall not be less than 100 feet per one inch.

      (4)   A variation in scale or sheet size may be allowed where the Planning Commission determines it is necessary for a proper exhibit of the subdivision.

      (5)   When more than one sheet is used for any plat, each sheet shall be numbered consecutively and each such sheet shall contain a notation showing the whole number of sheets in the plat and its relation to other sheets (e.g., sheet one of three sheets).

      (6)   Linear dimensions shall be given in feet and decimals of a foot.

   (B)   The following information shall be shown on the final plat:

      (1)   Name of the subdivision;

      (2)   The date, scale, north point, legend and controlling topography and physical features such as water courses, highways and railroads;

      (3)   A legal description of the tract boundaries;

      (4)   The name and address of the owner, subdivider and licensed professional land surveyor;

      (5)   Reference points of existing surveys identified, related to the plat by distances, angles and bearings:

         (a)   Section corners and/or adjoining corners of all adjoining subdivisions, or corners of existing plats, when a replat;

         (b)   Section, township and range;

         (c)   When the city or county has established the centerline of the street adjacent or within the proposed subdivision, the location of such centerline and monuments found or reset shall be shown; and

         (d)   All other monuments required to be installed by the provisions of this article.

      (6)   Tract boundary, block boundary, street and other right-of-way lines with distances and angles (and/or bearings). Where these lines follow a curve (all curves must be circular). The central angle, the radius, points of curvature, length of curve, degree of curvature and length of intermediate tangents shall be shown;

      (7)   Side lot lines shall be at right angles or radial to street lines unless otherwise shown. Rear lot lines shall be parallel to block or tract lines unless otherwise indicated. Points of deflection of rear lot lines shall be indicated by angles and distances;

      (8)   The width of the portion of the streets being dedicated and the width of any existing right-of-way;

      (9)   All easements shall be denoted by fine dashed lines, clearly identified and, if already on record, the recorded reference of such easement. If an easement is not definitely located on record, a statement of such easement shall be included. The width of the easements, with sufficient ties to locate it definitely with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication;

      (10)   Lot number beginning with the number “1” and numbered consecutively in each block;

      (11)   Block numbers continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure;

      (12)   Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots or tracts intended for sale;

      (13)   Building setback lines, if any;

      (14)   The name of each street shown on the subdivision plat;

      (15)   The names of adjoining subdivisions; and

      (16)   The following certificates, which may be combined or omitted in part where appropriate:

         (a)   A certificate signed by the licensed professional land surveyor responsible for the final plat. This signature of the preparer shall be accompanied by his or her seal;

         (b)   A certificate signed and acknowledged by all parties having any record, title or interest in the land subdivided, and consenting to the preparation and recording of the said subdivision map;

         (c)   A certificate signed and acknowledged as above, dedicating to the public all parcels of land shown on the final plat and intended for any public use, except those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants;

         (d)   The acknowledgment of a notary in the following form:

 

 

         (e)   The certificate of the Planning Commission in the following form:

 

 

         (f)   In cases where the subdivision is to be included in the city limits, the approval and acceptance by the City Council in the following form:

 

 

         (g)   In cases where the subdivision is not to be included in the city limits, the approval by the City Council in the following form:

 

 

         (h)   The approval of the plat by the Board of County Supervisors, in the following form:

 

 

         (i)   The certificate of the County Clerk in the following form:

 

 

         (j)   Provision of all other certifications, approvals and acceptances which are now, or which may hereafter be required by a statute, ordinance or regulation.

   (C)   The following additional data shall be submitted with the final plat:

      (1)   A title report by an abstract or a title insurance company, or an attorney’s opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on the plat. The consent of all such persons shall be shown on the plat;

      (2)   A copy of any deed restrictions applicable to the subdivision; and

      (3)   A copy of the “error of closure” calculations for the outer boundary of the subdivision and each block contained therein.

(2005 Code, § 11-1231)

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

(2005 Code, § 11-1232)

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

(2005 Code, § 11-1233)

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

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

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

(2005 Code, § 11-1233.01)

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

      (1)   No lot split shall be approved if:

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

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

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

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

         (e)   All easement requirements have not been satisfied;

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

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

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

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

(2005 Code, § 11-1234)

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

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

(2005 Code, § 11-1235)

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

(2005 Code, § 11-1236)

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

(2005 Code, § 11-1237)

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

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

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

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

(2005 Code, § 11-1238)

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

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

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

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

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

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

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

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

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

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

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

            1.   Local streets: 200 feet;

            2.   Collector streets: 300 feet; and

            3.   Arterial streets: 500 feet.

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

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

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

 

 

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

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

         (a)   Urban subdivisions:

 

         (b)   Suburban subdivisions:

 

 

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

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

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

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

 

 

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

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

 

 

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

(2005 Code, § 11-1239)

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

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

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

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

(2005 Code, § 11-1240)

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

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

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

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

         (d)   Limitations and opportunities of topography.

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

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

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

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

(2005 Code, § 11-1241)

   (H)   (1)   The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2005 Code, § 11-1242)

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

(2005 Code, § 11-1243)

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

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

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

(2005 Code, § 11-1244)

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

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

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

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

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

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

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

(2005 Code, § 11-1245)

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

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

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

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

(2005 Code, § 11-1246)

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

 

(2005 Code, § 11-1247)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2005 Code, § 11-1248)

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

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

(2005 Code, § 11-1249)

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

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

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

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

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

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

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

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

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

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

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

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

(2005 Code, § 11-1250)

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

(2005 Code, § 11-1251)

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

(2005 Code, § 11-1252)

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

(2005 Code, § 11-1253)

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

(2005 Code, § 11-1254)

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

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

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

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

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

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

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

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

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

(2005 Code, § 11-1255)

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

(2005 Code, § 11-1256)

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

(2005 Code, § 11-1257)

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

(2005 Code, § 11-1258)

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

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

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

(2005 Code, § 11-1259)

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

(2005 Code, § 11-1260)

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

(2005 Code, § 11-1261)

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

(2005 Code, § 11-1262)

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

(2005 Code, § 11-1263)

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

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

(2005 Code, § 11-1264)

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

(2005 Code, § 11-1265)

   Any waiver of the required improvements may be made only by the governing body on a showing that such improvement is technically not feasible.

(2005 Code, § 11-1266)

   In cases in which there is unwarranted hardship in carrying out the literal provisions of these regulations, as to design criteria, (e.g., lot width, lot depth, block length and the like), the Planning Commission may grant a variance from such provision.

   (A)   An application for a variance shall be made to the Planning Commission. The Planning Commission shall give the applicant and any other interested person an opportunity to be heard with respect to the proposed application for a variance.

   (B)   The Planning Commission shall not grant a variance unless it shall find that the strict application of these regulations will create an unwarranted hardship, and unless the proposed variance is in harmony with the intended purpose of these regulations and that the public safety and welfare will be protected.

   (C)   Variances permitted under the provisions of §§ 11-1219 through 11-1223 of this article shall not include variances from the requirements of making improvements required in § 11-1218 of this article, unless approved as provided for in § 11-1221 of this article, the standards of specifications thereof, nor from the provisions of the Zoning Ordinance of the city, except as to variances for minimum lot width and/or area requirements. Consideration of an application for a variance pursuant to §§ 11-1219 through 11-1223 of this article does not relieve the applicant from the necessity of proceeding under the applicable provisions of any other regulations (including zoning regulations) of the city or county relating to variances.

   (D)   When used in this section, the term UNWARRANTED HARDSHIP shall mean the complete deprivation of use as distinguished from a mere inconvenience.

(2005 Code, § 11-1267)

   These regulations may be amended at any time after the Planning Commission shall have held a public hearing on the proposed amendment. A notice of such public hearing shall be published in the official city newspaper as provided by taw. At, or after, such public hearing is held, the Planning Commission may adopt such amendments, but such amendments shall not become effective until approved by the City Council.

(2005 Code, § 11-1268)

   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.

   ALLEY. A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

   ARTERIAL STREET. Any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of the city, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.

   BLOCK. A tract of land bounded by streets, or by a combination of streets, railway rights-of-way or waterways.

   BUILDING SETBACK LINE (FRONT). A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the fronting street right-of-way.

   CITY. The City of Holdrege, Nebraska.

   COLLECTOR STREET. Any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.

   CROSSWALK. A strip of land dedicated for public use which is reserved across a block for the purpose of providing pedestrian access to adjacent areas.

   CUL-DE-SAC. A street having only one outlet and being permanently terminated by a vehicle turn- around at the other end.

   DEAD END STREET. A street having only one outlet.

   DESIGN STANDARDS or DESIGN REQUIREMENTS. All requirements and regulations relating to design and layout of subdivisions contained in § 11-1216 of these regulations.

   EXPRESSWAY. Any divided street or highway with no access from abutting property and which has either separated or at-grade access from other public streets and highways.

   FREEWAY. Any divided street or highway with complete access control and grade separated interchanges with all other public streets and highways.

   FRONTAGE. The property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or with a dead end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead end street.

   FRONTAGE LOT. The portion of the frontage which lies between the side lot lines of a single lot.

   FRONTAGE ROAD. A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress of such street or highway by providing points of ingress and egress at more or less uniformly spaced intervals.

   GENERAL DEVELOPMENT PLAN. Any official map or street plan, the future land use map or plan, or any other plan or map of the city or City Planning Commission for the guidance of municipal growth and improvement of the city.

   GOVERNING BODY. The elected governing body of the city.

   HALF STREET. A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.

   IMPROVEMENTS. All facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business or manufacturing purpose, IMPROVEMENTS shall include facilities listed herein.

   LIMITED ACCESS HIGHWAY. An expressway or freeway, as defined in these regulations.

   LOCAL STREET. Any street designed primarily to provide access to abutting property.

   LOT. A portion or basic parcel of a subdivision or other tract of land intended to be the parcel by which such land would be individually developed and transferred.

   LOT, DOUBLE FRONTAGE. A lot, two opposite lot lines of which abut upon streets which are more or less parallel.

   LOT DEPTH. The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

   LOT LINE. The boundary line of a lot.

   LOT SPLIT. The dividing or redividing or a lot or lots in a recorded plat of a subdivision which meets the criteria established within these regulations.

   LOT WIDTH. The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.

   MARGINAL ACCESS STREET. A local street which is parallel with and adjacent to a limited access highway or arterial street and which provides access to abutting properties and protection from fast through traffic on the limited access highway or arterial street.

   OWNER. Any person or persons, firm or firms, corporation or corporations, or any other legal entity having legal title to land sought to be subdivided under these regulations.

   PLANNING COMMISSION. The Holdrege Planning Commission.

   PLAT. A subdivision as it is represented as a formal document by drawings and writing.

   REPLAT. The subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded.

   ROAD or ROADWAY. The paved or improved area existing on the street right-of-way, exclusive of sidewalks, driveways or related uses.

   SCREENING. Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such fencing or evergreen vegetation. When fencing is used for SCREENING, it shall be not less than six, nor more than eight, feet in height.

   STREET. The street right-of-way or easement, whether public or private; not the area of the paving or other improvements on the street right-of- way unless such paving or improvements coincide with the boundaries of such right-of-way.

   STREET WIDTH. The shortest distance between the property lines abutting both sides of a street right-of-way.

   SUBDIVIDER. The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.

   SUBDIVISION. Any division or redivision of land by means of mapping, platting, conveying, changing or rearranging of boundaries, or otherwise, and shall also relate to the process of subdividing or other land subdivided where appropriate to the context.

   TURN-AROUND. An area at the closed end of a dead end street or cul-de-sac within which vehicles may reverse their direction without any backing up.

(2005 Code, § 11-1270)

   These regulations may be amended at any time after the Planning Commission shall have held a public hearing on the proposed amendment. A notice of such public hearing shall be published in the official city newspaper as provided by law. At, or after such public hearing is held, the Planning Commission may adopt such amendments, but such amendments shall not become effective until approved by the City Council.

(2005 Code, § 11-1271)