Kearney City Zoning Code

CHAPTER 54

SUBDIVISION DESIGN CRITERIA AND GENERAL STANDARDS

54-101 - PURPOSE

The purpose of this Chapter is to provide flexible design alternatives in order to assure that subdivisions in the Kearney area create functional and attractive environments, minimize adverse effects, become assets to the City's urban and natural setting, and adapt to their specific situation. This Chapter defines specific types of subdivisions that have varying design characteristics, applicable to various settings within the City of Kearney and jurisdiction. It outlines specific design criteria that should be incorporated into the concepts of various types of subdivisions.

54-102 - CITY OF KEARNEY SUBDIVISION DESIGN MANUAL

The City Engineer shall maintain the City of Kearney Subdivision Design Manual, setting forth the detailed standards for the design and construction of public improvements within subdivisions. All public improvements shall be constructed according to these standards. The Director of Public Works, Director of Utilities, and City Engineer shall conduct an annual review and update of the standards contained within the Subdivision Design Manual.

54-103 - SITE DESIGN AND CONSTRAINTS

Consideration of Plans. The design of developments shall consider all existing local and regional plans for Kearney and its jurisdiction. These include the Comprehensive Development Plan for the City of Kearney.

Infrastructure Feasibility Plan required in accordance with Section 53-103.D.2.

National Pollutant Discharge Elimination System Storm Water Permit.

All construction projects located within the City of Kearney's jurisdictional limits will comply with all federal, state and local storm water pollution prevention regulations. If the development meets or exceeds one (1) acre or is less than one (1) acre but part of a large common plan of development the owner shall obtain coverage under the general National Pollutant Discharge Elimination System (NPDES) permit for storm water discharge. Application must be made for an authorization to discharge by submitting a Notice of Intent (NOI) using form CSW-NOI to the Nebraska Department of Environmental Quality (NDEQ). A copy of the general permit is available at the office of the City Engineer. For all development exceeding one (1) acre of disturbed area the subdivider shall comply with the terms and conditions of the general permit. A copy of the NOI shall be submitted to the City Engineer prior to the beginning of any construction activities.

All development under one (1) acre in size, commonly single family and small commercial projects, must apply and meet the requirements of the City of Kearney Codes or Ordinances pertaining to the building phase of development.

Reference to Public Works Stormwater Ordinance.

All construction projects must comply with requirements of Chapter 9, Article 16 of the Kearney City Code.

Preservation of Natural Features and Drainage Patterns.

To the maximum extent possible, development shall be located to preserve natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impact and alteration of natural features and drainage patterns.

The subdivider shall give maximum consideration to the preservation of the following areas as open space, to the extent consistent with reasonable utilization of land:

(a)

Wetlands and other unique environmental areas, as defined in Section 404, Federal Water Pollution Control Act of 1972 and delineated on wetlands maps prepared by the U.S. Fish and Wildlife Service. Construction and fill activity shall be prohibited on wetlands in excess of one (1) acre in size. Development and fill upon wetlands smaller than one (1) acre in size should be avoided whenever possible, but regulated by permit authority of applicable state and federal agencies.

(b)

Significant stands or mature specimens of trees shall be designated by required tree surveys.

Non-Residential and Attached Residential: No tree taller than twenty (20) feet or larger than four (4) inches in diameter (measured six (6) inches above the ground) shall be removed except when approved by the City Planner or his/her designee. Trees removed subject to City approval shall be replaced as noted in Table 54-1. The owner of a site with natural landscaping that is unhealthful (i.e. spaced too closely) may be permitted to plant replacement trees in the parkway or elsewhere in the City, if approved by the City Planner.

Table 54-1: Tree Replacement Schedule

Diameter of Removed Tree	Number of Replacement Trees
4" to 12"	2 trees at 2" or 1 tree at 4"
13" to 25"	4 trees at 2" or 2 trees at 4"
26" or Greater	6 trees at 2" or 3 trees at 4"

ii)

Single-Family Residential: Placement of the building must avoid trees taller than twenty (20) feet or larger than four (4) inches in diameter, measured six (6) inches above the ground. Any such tree removed or damaged shall be replaced by a species compatible with existing trees, on a one-to-one basis. The number of replacement trees will be limited by what can be reasonably accommodated within the available lot area.

(c)

Flood plain lands, other than areas that have already experienced substantial development.

(d)

Slopes in excess of fifteen percent (15%) as measured over a ten (10) foot interval. Development on slopes over fifteen percent (15%) may be permitted only if an erosion and slope stabilization plan is submitted and approved with the development and if appropriate measures are taken in compliance with this approved plan. The City may, at its discretion, require the review and certification of such a plan by a licensed professional engineer.

(e)

Habitats of endangered species. Development shall avoid fill or disturbance of habitat sites as identified on federal or state lists administered by the U.S. Fish and Wildlife Service of the U.S. Department of the Interior, and applicable state environmental regulatory agencies. Developers are encouraged to preserve habitat areas as a connected open space consistent with the parks and greenways system designated in the Kearney Comprehensive Development Plan.

General Guidelines for Subdivision Layout. Subdivisions shall be designed to comply with the following overall performance objectives:

Avoidance of adverse effects on ground water and aquifer recharge.

Reduction and minimizing of cut and fill.

Avoidance or reduction of unnecessary impervious surfaces.

Prevention of flooding and encroachment of water onto other properties.

Provision of adequate access to lots, including alternative routes to lots and sites within the subdivision and minimizing of cul-de-sacs over six hundred (600) feet.

Mitigation of negative environmental effects on surrounding properties, including effects of shadow, noise, odor, traffic, drainage, and utilities.

Respect for the urban character and traditional layout of Kearney, including providing continuity to established street and community facility networks; establishing linkages and connections between new development and existing parts of the City; and preserving historically and architecturally significant sites and buildings, determined as those sites or districts either listed on or determined to be eligible for listing on the National Register of Historic Places, as determined by the State Historic Preservation Officer.

Dedication of arterial, collector, and key local streets on the general alignments specified in the Comprehensive Development Plan.

Site Design Objectives and Approval. The Planning Commission and City Council shall take the above Site Design objectives into account during their review and approval of subdivision applications.

(Ord. No. 7777, 12-11-2012)

54-104 - SUBDIVISION AND DEVELOPMENT DESIGN CATEGORIES AND RULES

Purpose. The purpose of this section is to establish special design criteria for various types of subdivisions and developments. These categories reflect various policy contexts in the Kearney jurisdiction.

Subdivision and Development Design Categories. Subdivision and development categories, policy implications, contexts, and special application and regulatory requirements are set forth in Table 54-2.

Table 54-2:
Development Types and Policy Requirements

Subdivision or Development Type	Desirable Context	Typical Zoning	Characteristics	Submission Requirements
Conventional Rural	Areas in the ETJ that will develop to low densities and unlikely to be annexed or receive urban services. Areas with relatively little environmental sensitivity.	RR-1	Rural standards, including service by well and septic or other individual wastewater system. Gravel street surface, although streets may be hard-surfaced. Surface drainage	Normal submission requirements outlined in Table 53-1.
Conservation Rural	Areas in the ETJ that will develop to low densities and unlikely to be annexed or receive urban services, but include significant environmental resources and constraints.	RR-1 or RR-2 with C Overlay	Rural standards, including service by well and septic or other individual wastewater system. May be designed to accommodate community wastewater systems. Gravel street surface, although streets may be hard-surfaced. Surface drainage. Significant reservations of open space, conserving environmentally sensitive areas.	Normal submission requirements outlined in Table 53-1. Special submission requirements and demonstration of design techniques, set forth in Section 40-108.
Urban Edge	Areas relatively near to city limits or significant urban development, but within the Wood River watershed, or otherwise unlikely to receive short-term urban services. Areas which are generally within Kearney's long-term growth area, in which premature or very low density development could obstruct sound community development.	AG RR-1 with or without C Overlay RR-2	Intermediate standards including hard-surfaced streets and community wastewater systems. Septic systems should generally be avoided in these areas. If septics must be used, community design should permit transition to full urban services, including increasing residential density if required for financial feasibility. Development may use conservation design techniques.	Normal submission requirements outlined in Table 53-1. Design for future connections to urban services, including possible evolution to urban densities if septics are used. Subdivision agreement committing to non-opposition of eventual annexation and assessment for city services. In conservation settings, special submission requirements and demonstration of design techniques, set forth in Section 40-108. Demonstration of ultimate development of the site to provide adequate numbers of lots to provide for economically feasible extension of urban services.
Conventional Urban	Areas that are feasibly provided with City services. These areas are likely to be annexed if located outside the corporate limits.	R-1 and higher	Urban standards, including City water and sewer. May consider alternative storm water management mechanisms, including surface drainage and retention/detention. May include non-residential subdivisions.	Normal submission requirements outlined in Table 53-1.
Conservation Urban	Areas that are feasibly provided with City services. but include significant environmental resources and constraints. Examples are sites in the Platte Corridor specific plan areas or in hills adjacent to development in the north or west part of the City.	R-1 and higher with C Overlay	Urban standards including city water and sewer. May use storm drainage alternatives, including retention/detention or managed wetlands. Significant reservations of open space, conserving environmentally sensitive areas.	Normal submission requirements outlined in Table 53-1. Special submission requirements and demonstration of design techniques, set forth in Section 40-108.
Traditional Neighborhood Developments	Areas within the City limits or to be annexed where innovative planning following TND principles is appropriate.	R-1 and higher districts with TND Overlay	Urban standards including City water and sewer. Narrower streets and modified street system design from conventional development. Small lots, closer spacing of houses, reduced setbacks, and mixing of uses.	Normal submission requirements outlined in Table 53-1. PD-1 application requirements with preliminary platting. Individual parts of project may subsequently use PD-2 zoning.
Planned Development	In-city areas that require special flexibility, including modifications of normal use and setback standards. Large projects with substantial urban impacts. Projects which may develop over a long period of time following a master plan. Planned developments should not be used to micro-design small developments. Standards in the Land Development Ordinance should be used to assure high quality development on small projects. PD-1 subdivisions generally apply projects that will develop over a period of time according to an adopted master plan. PD-2 subdivisions apply to multi-building site developments where architecture is determined, such as large apartment complexes or commercial centers.	Any district with PD-1 or PD-2 Overlay, depending on appropriateness	Urban standards, including City water and sewer. May include mixed uses and master planned development that modifies normal zoning standards.	Submission requirements for PD-1 or PD-2 districts are set forth in Chapter 38. A PD-1 application, with proper documentation, may satisfy preliminary plat requirements.

Kearney City Zoning Code

CHAPTER 54

SUBDIVISION DESIGN CRITERIA AND GENERAL STANDARDS

54-101 - PURPOSE

54-102 - CITY OF KEARNEY SUBDIVISION DESIGN MANUAL

54-103 - SITE DESIGN AND CONSTRAINTS

Infrastructure Feasibility Plan required in accordance with Section 53-103.D.2.

National Pollutant Discharge Elimination System Storm Water Permit.

Reference to Public Works Stormwater Ordinance.

All construction projects must comply with requirements of Chapter 9, Article 16 of the Kearney City Code.

Preservation of Natural Features and Drainage Patterns.

The subdivider shall give maximum consideration to the preservation of the following areas as open space, to the extent consistent with reasonable utilization of land:

(a)

(b)

Significant stands or mature specimens of trees shall be designated by required tree surveys.

Table 54-1: Tree Replacement Schedule

Diameter of Removed Tree	Number of Replacement Trees
4" to 12"	2 trees at 2" or 1 tree at 4"
13" to 25"	4 trees at 2" or 2 trees at 4"
26" or Greater	6 trees at 2" or 3 trees at 4"

ii)

(c)

Flood plain lands, other than areas that have already experienced substantial development.

(d)

(e)

General Guidelines for Subdivision Layout. Subdivisions shall be designed to comply with the following overall performance objectives:

Avoidance of adverse effects on ground water and aquifer recharge.

Reduction and minimizing of cut and fill.

Avoidance or reduction of unnecessary impervious surfaces.

Prevention of flooding and encroachment of water onto other properties.

Provision of adequate access to lots, including alternative routes to lots and sites within the subdivision and minimizing of cul-de-sacs over six hundred (600) feet.

Mitigation of negative environmental effects on surrounding properties, including effects of shadow, noise, odor, traffic, drainage, and utilities.

Dedication of arterial, collector, and key local streets on the general alignments specified in the Comprehensive Development Plan.

Site Design Objectives and Approval. The Planning Commission and City Council shall take the above Site Design objectives into account during their review and approval of subdivision applications.

(Ord. No. 7777, 12-11-2012)

54-104 - SUBDIVISION AND DEVELOPMENT DESIGN CATEGORIES AND RULES

Subdivision and Development Design Categories. Subdivision and development categories, policy implications, contexts, and special application and regulatory requirements are set forth in Table 54-2.

Table 54-2:
Development Types and Policy Requirements

Subdivision or Development Type	Desirable Context	Typical Zoning	Characteristics	Submission Requirements
Conventional Rural	Areas in the ETJ that will develop to low densities and unlikely to be annexed or receive urban services. Areas with relatively little environmental sensitivity.	RR-1	Rural standards, including service by well and septic or other individual wastewater system. Gravel street surface, although streets may be hard-surfaced. Surface drainage	Normal submission requirements outlined in Table 53-1.
Conservation Rural	Areas in the ETJ that will develop to low densities and unlikely to be annexed or receive urban services, but include significant environmental resources and constraints.	RR-1 or RR-2 with C Overlay	Rural standards, including service by well and septic or other individual wastewater system. May be designed to accommodate community wastewater systems. Gravel street surface, although streets may be hard-surfaced. Surface drainage. Significant reservations of open space, conserving environmentally sensitive areas.	Normal submission requirements outlined in Table 53-1. Special submission requirements and demonstration of design techniques, set forth in Section 40-108.
Urban Edge	Areas relatively near to city limits or significant urban development, but within the Wood River watershed, or otherwise unlikely to receive short-term urban services. Areas which are generally within Kearney's long-term growth area, in which premature or very low density development could obstruct sound community development.	AG RR-1 with or without C Overlay RR-2	Intermediate standards including hard-surfaced streets and community wastewater systems. Septic systems should generally be avoided in these areas. If septics must be used, community design should permit transition to full urban services, including increasing residential density if required for financial feasibility. Development may use conservation design techniques.	Normal submission requirements outlined in Table 53-1. Design for future connections to urban services, including possible evolution to urban densities if septics are used. Subdivision agreement committing to non-opposition of eventual annexation and assessment for city services. In conservation settings, special submission requirements and demonstration of design techniques, set forth in Section 40-108. Demonstration of ultimate development of the site to provide adequate numbers of lots to provide for economically feasible extension of urban services.
Conventional Urban	Areas that are feasibly provided with City services. These areas are likely to be annexed if located outside the corporate limits.	R-1 and higher	Urban standards, including City water and sewer. May consider alternative storm water management mechanisms, including surface drainage and retention/detention. May include non-residential subdivisions.	Normal submission requirements outlined in Table 53-1.
Conservation Urban	Areas that are feasibly provided with City services. but include significant environmental resources and constraints. Examples are sites in the Platte Corridor specific plan areas or in hills adjacent to development in the north or west part of the City.	R-1 and higher with C Overlay	Urban standards including city water and sewer. May use storm drainage alternatives, including retention/detention or managed wetlands. Significant reservations of open space, conserving environmentally sensitive areas.	Normal submission requirements outlined in Table 53-1. Special submission requirements and demonstration of design techniques, set forth in Section 40-108.
Traditional Neighborhood Developments	Areas within the City limits or to be annexed where innovative planning following TND principles is appropriate.	R-1 and higher districts with TND Overlay	Urban standards including City water and sewer. Narrower streets and modified street system design from conventional development. Small lots, closer spacing of houses, reduced setbacks, and mixing of uses.	Normal submission requirements outlined in Table 53-1. PD-1 application requirements with preliminary platting. Individual parts of project may subsequently use PD-2 zoning.
Planned Development	In-city areas that require special flexibility, including modifications of normal use and setback standards. Large projects with substantial urban impacts. Projects which may develop over a long period of time following a master plan. Planned developments should not be used to micro-design small developments. Standards in the Land Development Ordinance should be used to assure high quality development on small projects. PD-1 subdivisions generally apply projects that will develop over a period of time according to an adopted master plan. PD-2 subdivisions apply to multi-building site developments where architecture is determined, such as large apartment complexes or commercial centers.	Any district with PD-1 or PD-2 Overlay, depending on appropriateness	Urban standards, including City water and sewer. May include mixed uses and master planned development that modifies normal zoning standards.	Submission requirements for PD-1 or PD-2 districts are set forth in Chapter 38. A PD-1 application, with proper documentation, may satisfy preliminary plat requirements.

Kearney City Zoning Code

CHAPTER 54

SUBDIVISION DESIGN CRITERIA AND GENERAL STANDARDS

54-101 - PURPOSE

54-102 - CITY OF KEARNEY SUBDIVISION DESIGN MANUAL

54-103 - SITE DESIGN AND CONSTRAINTS

Infrastructure Feasibility Plan required in accordance with Section 53-103.D.2.

National Pollutant Discharge Elimination System Storm Water Permit.

Reference to Public Works Stormwater Ordinance.

All construction projects must comply with requirements of Chapter 9, Article 16 of the Kearney City Code.

Preservation of Natural Features and Drainage Patterns.

The subdivider shall give maximum consideration to the preservation of the following areas as open space, to the extent consistent with reasonable utilization of land:

(a)

(b)

Significant stands or mature specimens of trees shall be designated by required tree surveys.

Table 54-1: Tree Replacement Schedule

Diameter of Removed Tree	Number of Replacement Trees
4" to 12"	2 trees at 2" or 1 tree at 4"
13" to 25"	4 trees at 2" or 2 trees at 4"
26" or Greater	6 trees at 2" or 3 trees at 4"

ii)

(c)

Flood plain lands, other than areas that have already experienced substantial development.

(d)

(e)

General Guidelines for Subdivision Layout. Subdivisions shall be designed to comply with the following overall performance objectives:

Avoidance of adverse effects on ground water and aquifer recharge.

Reduction and minimizing of cut and fill.

Avoidance or reduction of unnecessary impervious surfaces.

Prevention of flooding and encroachment of water onto other properties.

Provision of adequate access to lots, including alternative routes to lots and sites within the subdivision and minimizing of cul-de-sacs over six hundred (600) feet.

Mitigation of negative environmental effects on surrounding properties, including effects of shadow, noise, odor, traffic, drainage, and utilities.

Dedication of arterial, collector, and key local streets on the general alignments specified in the Comprehensive Development Plan.

Site Design Objectives and Approval. The Planning Commission and City Council shall take the above Site Design objectives into account during their review and approval of subdivision applications.

(Ord. No. 7777, 12-11-2012)

54-104 - SUBDIVISION AND DEVELOPMENT DESIGN CATEGORIES AND RULES

Subdivision and Development Design Categories. Subdivision and development categories, policy implications, contexts, and special application and regulatory requirements are set forth in Table 54-2.

Table 54-2:
Development Types and Policy Requirements

Subdivision or Development Type	Desirable Context	Typical Zoning	Characteristics	Submission Requirements
Conventional Rural	Areas in the ETJ that will develop to low densities and unlikely to be annexed or receive urban services. Areas with relatively little environmental sensitivity.	RR-1	Rural standards, including service by well and septic or other individual wastewater system. Gravel street surface, although streets may be hard-surfaced. Surface drainage	Normal submission requirements outlined in Table 53-1.
Conservation Rural	Areas in the ETJ that will develop to low densities and unlikely to be annexed or receive urban services, but include significant environmental resources and constraints.	RR-1 or RR-2 with C Overlay	Rural standards, including service by well and septic or other individual wastewater system. May be designed to accommodate community wastewater systems. Gravel street surface, although streets may be hard-surfaced. Surface drainage. Significant reservations of open space, conserving environmentally sensitive areas.	Normal submission requirements outlined in Table 53-1. Special submission requirements and demonstration of design techniques, set forth in Section 40-108.
Urban Edge	Areas relatively near to city limits or significant urban development, but within the Wood River watershed, or otherwise unlikely to receive short-term urban services. Areas which are generally within Kearney's long-term growth area, in which premature or very low density development could obstruct sound community development.	AG RR-1 with or without C Overlay RR-2	Intermediate standards including hard-surfaced streets and community wastewater systems. Septic systems should generally be avoided in these areas. If septics must be used, community design should permit transition to full urban services, including increasing residential density if required for financial feasibility. Development may use conservation design techniques.	Normal submission requirements outlined in Table 53-1. Design for future connections to urban services, including possible evolution to urban densities if septics are used. Subdivision agreement committing to non-opposition of eventual annexation and assessment for city services. In conservation settings, special submission requirements and demonstration of design techniques, set forth in Section 40-108. Demonstration of ultimate development of the site to provide adequate numbers of lots to provide for economically feasible extension of urban services.
Conventional Urban	Areas that are feasibly provided with City services. These areas are likely to be annexed if located outside the corporate limits.	R-1 and higher	Urban standards, including City water and sewer. May consider alternative storm water management mechanisms, including surface drainage and retention/detention. May include non-residential subdivisions.	Normal submission requirements outlined in Table 53-1.
Conservation Urban	Areas that are feasibly provided with City services. but include significant environmental resources and constraints. Examples are sites in the Platte Corridor specific plan areas or in hills adjacent to development in the north or west part of the City.	R-1 and higher with C Overlay	Urban standards including city water and sewer. May use storm drainage alternatives, including retention/detention or managed wetlands. Significant reservations of open space, conserving environmentally sensitive areas.	Normal submission requirements outlined in Table 53-1. Special submission requirements and demonstration of design techniques, set forth in Section 40-108.
Traditional Neighborhood Developments	Areas within the City limits or to be annexed where innovative planning following TND principles is appropriate.	R-1 and higher districts with TND Overlay	Urban standards including City water and sewer. Narrower streets and modified street system design from conventional development. Small lots, closer spacing of houses, reduced setbacks, and mixing of uses.	Normal submission requirements outlined in Table 53-1. PD-1 application requirements with preliminary platting. Individual parts of project may subsequently use PD-2 zoning.
Planned Development	In-city areas that require special flexibility, including modifications of normal use and setback standards. Large projects with substantial urban impacts. Projects which may develop over a long period of time following a master plan. Planned developments should not be used to micro-design small developments. Standards in the Land Development Ordinance should be used to assure high quality development on small projects. PD-1 subdivisions generally apply projects that will develop over a period of time according to an adopted master plan. PD-2 subdivisions apply to multi-building site developments where architecture is determined, such as large apartment complexes or commercial centers.	Any district with PD-1 or PD-2 Overlay, depending on appropriateness	Urban standards, including City water and sewer. May include mixed uses and master planned development that modifies normal zoning standards.	Submission requirements for PD-1 or PD-2 districts are set forth in Chapter 38. A PD-1 application, with proper documentation, may satisfy preliminary plat requirements.