The purpose of this Chapter is to establish procedures for subdivision applications and for review and action on applications by the Planning Commission and the City Council. The procedures are designed to assure adequate review and consideration of subdivision applications, while providing for an orderly and expeditious approval process. The Chapter provides procedures for the approval of two (2) types of subdivisions: Minor Subdivisions and Major Subdivisions.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

A.

Scope. The Minor Subdivision procedure may be used for dividing one (1) lot into two (2) parts, combining two (2) or more lots (or parts of lots) into one (1) parcel, or a combination thereof. This definition shall apply only once to any subdividing transaction or conveyance involving any specific lot or combination of lots. Transactions or conveyances classified, as minor subdivisions are hereby deemed not to constitute "subdivision development" as defined by Section 19-916 of the Nebraska Revised Statutes. The following conditions for a minor subdivision shall apply:

1.

All required improvements shall have been installed and be available to the resulting parcel.

2.

No new dedication of public rights-of-way or easement can be involved.

3.

Minor subdivisions shall comply with the Unified Land Development Ordinance requirements concerning minimum areas and dimensions of lots and blocks.

4.

A survey of the lot(s) to be subdivided and abutting lots showing all existing structures, building setbacks, and utility easements shall accompany the request for minor subdivision approval.

B.

Application and Approval Procedure. All applications for Minor Subdivisions shall be submitted to the Development Services Department, on the form provided by that Department. At a minimum, the application shall contain the following:

1.

Legal description of the property.

2.

A survey attached to the application showing proposed lots and abutting lots; and all existing structures, fences, and building setbacks on lots.

3.

A fee as set forth in the City of Kearney Comprehensive Fee Schedule shall accompany the application.

4.

Following review of the application, the Chief Building Official will provide his/her recommendation to the City Manager, who will approve or disapprove the application. In the event that the City Manager disapproves the application, the applicant may appeal to the City Council by filing a written notice of appeal with the City Clerk within ten (10) calendar days after receiving the notice of disapproval.

5.

Following approval of a Minor Subdivision, the subdivider must file the survey and certificate of approval with the appropriate County Register of Deeds. The subdivider shall submit a copy of the recorded document of such filing to the Development Coordinator within ninety (90) days of the date of approval or the document shall be null and void. Consideration will be given to a written request from the subdivider to the Development Services Department to extend the filing date for thirty (30) days.

6.

The Development Coordinator shall keep a complete and accurate record of all Minor Subdivision approvals.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 6964, 6-10-2003; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7777, 12-11-2012)

A.

Applicability. The Major Subdivision procedures apply to all subdivisions, which are not approved or eligible for approval under the Minor Subdivision procedures. The owner or owners of any land, located within the jurisdiction of these regulations, who propose to plat said land into one (1) or more lots, blocks, tracts or parcels, when any parcel is ten (10) acres or less in area, or any owner of any land establishing any street, alley, park or other property intended for public use or for the use of purchasers or owners of lots, tracts or parcels of land fronting thereon or adjacent thereto, shall cause a preliminary and final plat to be made in regulations, unless exempted under Section 52-104.

B.

Stages in the Approval Process.

1.

Before filing an application for preliminary or final plat approval, the applicant shall meet with the Development Review Team (DRT), regarding general requirements and issues relating to the proposed subdivision.

2.

At the DRT conference for a preliminary plat, the applicant shall submit a concept plan. The concept plan shall include:

(a)

A location map showing the relationship of the proposed subdivision to existing and proposed streets and public facilities.

(b)

A schematic plan illustrating the proposed layout of streets, lots, and other features and their relationship to existing and proposed site topography.

(c)

A conceptual plan demonstrating feasibility to provide required infrastructure known as the Infrastructure Feasibility Plan.

(d)

Review the policies, procedures and forms required by the City of Kearney for the filing of plats.

3.

The DRT Staff shall:

(a)

Review zoning requirements and the Comprehensive Development Plan requirements for the property in question and adjacent properties.

(b)

Determine the availability and capacity of City improvements.

(c)

Review setbacks, special right-of-way dedications for arterial, collector and local streets, access points and circulation patterns.

(d)

Discuss the applicant's request, and consider feasibility of the proposed concept.

4.

The DRT conference does not require a formal application or payment of a fee.

C.

Preliminary Plat Application.

1.

Application Requirements. After the DRT conference, the applicant shall prepare and submit an application for preliminary plat approval. The applicant shall prepare and file three (3) copies of a proposed preliminary plat, one (1) copy reduced to 8½ by 11 inches, and one (1) full-size copy in portable document format (pdf). The application for preliminary plat approval shall be submitted to the Development Coordinator at least twenty-one (21) calendar days before the Planning Commission meeting at which the application will be considered. The application shall consist of a form established by the Development Services Department; the supporting documents required for Major Subdivisions in Table 53-1; and payment of a filing fee as set forth in the City of Kearney Comprehensive Fee Schedule. The plat shall not be accepted until the filing fee has been paid.

2.

Infrastructure Feasibility Plan (Preliminary): A conceptual plan demonstrating feasibility to provide required infrastructure to serve the subdivision. The plan shall depict the general location of the following utilities:

(a)

Location of the following lines including widths of proposed easements.

i)

Proposed lift stations, sanitary sewer lines and manholes.

ii)

Proposed water mains.

iii)

Proposed storm sewers.

iv)

Proposed stormwater management and detention facilities.

v)

Proposed electric lines including conduit delivering electricity to street lights.

(b)

Proposed utilities easements.

(c)

Existing two-foot contour lines from available sources (no field survey required for preliminary information).

3.

Draft Subdivision Agreement: The preliminary plat application shall include a draft of a Subdivision Agreement prepared by the City following a format established by the City of Kearney. The Subdivision Agreement establishes the mutual responsibilities of City and subdivider, including financing of public improvements; the nature of performance bonds and guarantees that the developer will offer; and the financing arrangements proposed for the subdivision. The Development Review Team may elect to waive this requirement if it finds that such a subdivision agreement is unnecessary, or may elect to delay the Subdivision Agreement to coincide with the Final Plat application.

4.

Utilities Comment Form.

(a)

The subdivider will circulate a copy of the preliminary plat attached to the Utilities Comment Form provided by the City to the Utility Contact List provided by the City, and any other applicable providers of public services deemed necessary. The subdivider shall give utilities seven (7) days to respond. At the end of the seven (7) day period, the subdivider shall submit with the application, the Utilities Comment Form(s) received from these agencies to the Development Coordinator. If additional easements are requested, DRT will review the request to determine if the easement(s) is justified and appropriate. DRT will work with the developer to make changes to the plat, if necessary.

5.

Preliminary Plat Approval Procedure.

(a)

Following the comment period, the City Planner shall submit a written recommendation for action to the Planning Commission.

(b)

The Planning Commission, following proper notice, shall hold a public hearing.

(c)

Approval of a preliminary plat by the Planning Commission shall be considered an expression of conditional approval to guide the preparation of a final plat. The preliminary approval shall confer upon the applicant the following rights:

i)

The general terms and conditions under which the plat was approved will not change.

ii)

The applicant may submit for approval a final plat for the whole or a part of the preliminary plat on or before the expiration date of the preliminary approval. For some subdivisions, the preliminary and final plats may be submitted and approved simultaneously.

iii)

The preliminary plat approval shall stay in force for an indefinite period of time from the date of approval by the Planning Commission. The Planning Commission may, at its discretion, establish a specific effective period or expiration date for a preliminary plat.

iv)

If the Planning Commission rejects a preliminary plat, the applicant may submit the plat to the City Council. All records and reports relative to the plat shall be likewise sent to the City Council. The City Council may make such findings and determinations as they deem reasonable and in the best interests of the public.

D.

Final Plat Application Process.

1.

Application Requirements: The applicant shall prepare and submit an application for final plat approval. The application for final plat approval shall be submitted to the Development Coordinator at least twenty-one (21) calendar days before the Planning Commission meeting at which the application will be considered. The application shall consist of a form established by the City of Kearney; the supporting documents required for Final Plat Approval of Major Subdivisions in Table 53-1; and payment of a filing fee as set forth in the City of Kearney Comprehensive Fee Schedule. The final plat shall not be accepted for filing until the filing fee has been paid.

(a)

The Final Plat Application shall include a finalized plan illustrating the proposed layout of streets, lots, blocks and all other information as required on the Final Plat Checklist.

2.

Infrastructure Feasibility Plan (Final): A detailed plan demonstrating feasibility to provide required infrastructure to serve the subdivision.

(a)

The plan shall depict the location and any proposed easements for the following utilities:

i)

Proposed lift stations, sanitary sewer lines and manholes. The plan must show proposed top of curb elevations and proposed sanitary sewer manhole rim and flow line elevations. Septic drain fields shall be shown for rural subdivisions.

ii)

Proposed water mains and fire hydrants. Well locations shall be shown for rural subdivisions.

iii)

Proposed storm sewers. Critical existing and proposed flow line elevations shall be shown if requested by City Engineer.

iv)

Proposed electric service lines including conduit delivering electricity to street lights. Any deviation from requirements must be requested and included in the subdivision agreement. Street lights shall be required as follows:

1)

All street intersections.

2)

End of dead-end streets or cul-de-sacs that are longer than two hundred fifty (250) feet in length.

3)

Significant curves in streets.

4)

Mid-block on blocks exceeding five hundred (500) feet in length.

(b)

As requested by DRT staff:

i)

Proposed stormwater management and detention facilities.

ii)

Proposed utilities easement.

(c)

Street grid and proposed utilities overlaid on the proposed contour lines.

(d)

Proposed street grades.

3.

Final Subdivision Agreement: The final plat application shall include the final Subdivision Agreement to be executed between the City and the applicant. The terms of this Agreement shall be acted upon along with action on the Final Plat. The Development Review Team may elect to waive this requirement if it finds that such a Subdivision Agreement is unnecessary.

4.

Dedication Requirement: The "Dedication" on the final plat for a given subdivision shall dedicate the storm water management facilities contained on the proposed land and all appurtenances thereto contained within the boundaries of the subdivision to the use and benefit of all property owners in said subdivision (describe specific lots on final plat); that said owners shall be collectively and proportionally responsible for the ongoing maintenance of said storm water facilities in perpetuity, with such obligations stipulated as part of the Subdivision Agreement for said subdivision; said agreement by reference hereto made a part hereof and filed with the subdivision plat with the Register of Deeds.

5.

Final Plat Approval Procedure:

(a)

The DRT Staff and Planning Commission shall review the final plat for consistency with the approved preliminary plat and for compliance with the Unified Land Development Ordinance and other applicable local, state, or federal statutes and regulations. All required easements shall be shown on the final plat prior to final approval. Any additional easements requested and approved by DRT shall be, at a minimum, noted in a written addendum to the application and submitted to the Development Coordinator by 5:00 p.m. on the Thursday prior to Planning Commission. The Planning Commission, following proper notice, shall hold a public hearing. If the final plat meets all conditions of the ordinance and is substantially consistent with the terms of the preliminary plat approval, the Planning Commission shall recommend approval of the final plat and forward the plat to City Council for their action. The Final Plat presented to the City Council shall be identical to the plat acted upon by the Planning Commission. The final plat, executed by the Developer, must be submitted to the Development Coordinator on mylar or similar film, including any additional easements submitted by addendum, for execution by City Council by 12:00 p.m. the Monday prior to the City Council meeting. A space shall be reserved on the document for the Resolution number, to be completed by the City Clerk.

(b)

If the Planning Commission finds in its review that the submitted final plat is inconsistent with the preliminary plat, does not comply with the conditions of relevant ordinances and statutes, or requires a waiver of any section of the Unified Land Development Ordinance, it shall hold a public hearing on the final plat. Following such public hearing, the Planning Commission shall transmit its recommendation concerning the inconsistencies on the final plat to the City Council.

(c)

The City Council shall take final action on the application at a public hearing. The City Council is further empowered to grant waivers of a section of the Unified Land Development Ordinance after a waiver request has received a recommendation from the Planning Commission.

E.

Filing the Final Plat.

1.

The passage of a resolution by the City Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat. Upon acceptance of a Final Plat by the City Council and prior to filing the plat with the appropriate County Register of Deeds, all property pins shall be installed by the developer's registered land surveyor. The property pins shall be five-eighths (5/8) inch by twenty-four (24) inch steel rod.

2.

The subdivider must file the fully executed plat along with all applicable covenants and other documentation within ninety (90) days of City Council's approval of the final plat. The City Council upon written request of the subdivider may grant thirty (30) day extensions for filing of the final plat.

3.

Filing the final plat shall be with the appropriate County Register of Deeds and the State Survey Record Repository and the applicant must file an executed print on mylar or similar film in the office of the Development Coordinator as satisfactory evidence of such recording before the City shall recognize the plat as being in force.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7599, 6-8-2010; Ord. No. 7777, 12-11-2012)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-916 and 19-904

Table 53-1: Application Requirements

* The following certificates, which may be combined where appropriate:

(1)

A certificate signed and acknowledged by all parties having any record title, or other interest in the land subdivided, and consenting to the preparation and recording of the plat.

(2)

A certificate signed and acknowledged as above dedicating or reserving all parcels of land shown on the final plat and intended for any public or private use including those parcels which are intended for the exclusive use of the lot owners of the subdivision.

(3)

A certificate signed by the registered land surveyor responsible for the survey and final map. The signature of the surveyor shall be accompanied by his/her seal.

(4)

The acknowledgment of a notary public according to the statutory short forms of acknowledgment as prescribed by Section 64-206 of the Nebraska Revised Statutes.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 6964, 6-10-2003; Ord. No. 7182, 6-14-2005; Ord. No. 7777, 12-11-2012)

A.

Application. All requests for vacation shall be submitted to the Development Coordinator, for review and recommendation by the DRT Staff. The DRT Staff will forward the requests for review and approval to the Planning Commission and City Council. A fee as set forth in the City of Kearney Comprehensive Fee Schedule shall be paid with the application. After approval of the vacation request by the City Council, the City will file the vacation ordinance with the appropriate County Register of Deeds. If the City Council does not approve the vacation request, a portion of the application fee, in the amount of twenty-five dollars ($25.00), will be refunded to the requester.

B.

Vacation of Portions of Street Rights-of-Way. Requests may be made for vacating portions of street rights-of-way. Standard vacations will be of equal amounts on both sides of a street for a minimum of a block length corresponding to the petitioner's request and subject to the following standards:

1.

Rights-of-way in excess of one hundred (100) feet shall be vacated to no less than one hundred (100) feet.

2.

One hundred (100) foot rights-of-way shall be vacated to no less than eighty (80) feet.

3.

Eighty (80) foot rights-of-way shall be vacated to no less than sixty-six (66) feet.

4.

Rights-of-way of sixty-six (66) feet or less shall not be vacated to a narrower width.

C.

Petition Content. The applicant's petition shall contain a written request giving the legal description of property abutting the portion of right-of-way for which the petition is filed. Such application shall contain a statement of ownership with mailing address for abutting property. The request shall also include a plat or survey showing the width of the street, the portion of the street to be vacated and abutting property with legal description.

D.

Vacation Action. Should the DRT and the Planning Commission decide the request is in the best public interest and recommend approval, the following policy shall apply:

1.

The Planning Commission will recommend to the City Council that the petition be approved and that the vacated right-of-way revert to abutting property owners on both sides of street for entire length of block in accordance with Section 16-611 of the Nebraska Revised Statutes.

E.

Purpose.

1.

Assure even vacation on both sides of the street for the entire block, keeping the paved portion of the street (generally) in the center of the right-of-way.

2.

Assure that the vacated street right-of-way reverts to abutting property owners.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7777, 12-11-2012)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-611

Applicant shall submit a petition and a survey showing all portions of the street requested for vacation and abutting property with legal descriptions. Such application shall contain a statement of ownership with mailing address of all lands abutting those portions of street.

A.

A street may be vacated and remain the property of the City only if the City owns both sides of the street.

B.

The City may require that an easement be granted or maintained as a part of the vacation ordinance.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

An alley may be vacated with ownership reverting to the owners of the adjacent real estate, one-half (1/2) of the alley to owner on each side. However, when an alley is taken wholly from one (1) or more lots, its vacation shall revert the ownership to the abutting property and become part of that property. When a portion of an alley is vacated only one (1) side of its center, the title to the property shall vest in the owner of the abutting property and become part of that property.

An existing plat or portion of an existing plat must be vacated by ordinance prior to replatting, after hearings by the Planning Commission and City Council upon petition by the owners of such lands.

A.

The ordinance granting the vacation shall specify if any public highways, streets, alleys or other public grounds are to be retained by the City. If the City does not retain any such lands, ownership shall revert to abutting lot owners.

B.

Any vacation approved shall, at the owner's expense, be certified to the appropriate County Register of Deeds and be so recorded. The Register of Deeds shall then note such vacation on the plat by writing in plain, legible letters. Such notation shall also contain a reference to the volume and page in which the ordinance of vacation is recorded. The owners of the lands vacated shall cause the same to be replatted in accordance with the requirements of this Chapter.

C.

Where a plat or portion of a plat is vacated where water, sewer and paving are already installed, it shall be the responsibility of the petitioner to provide water and sewer to any newly created lots in the manner prescribed by the City's Utilities Department.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-917

Easement vacation and rededication require approval by the Planning Commission and City Council. The applicant shall submit for DRT Staff review and action, a signed petition, a utility release indicating all public utility companies have no objection to vacation of an existing public utility easement, and a survey including legal description showing the public utility easement to be vacated as well as the location and legal description of any newly dedicated utility easement.

(Ord. No. 6864, 3-12-2002 effective April 15, 2002; Ord. No. 7777, 12-11-2012)