The purpose of this Chapter is to assure that all subdivisions developed in the City of Kearney, and its jurisdiction, are adequately furnished with necessary public services. These services include adequate water, wastewater management, and stormwater drainage utilities; and park and open space resources.

(Ord. No. 8474, § 1, 3-23-2021)

A.

Connection.

1.

All installations shall be properly connected to an approved and functioning community water system, constructed in conformance with the applicable design standards of the City.

2.

All residential subdivisions inside of the corporate limits of Kearney shall be connected to an existing public water supply system if such a system is available within three (300) feet of the subdivision.

3.

Developments with more than fifteen (15) units and located within 0.5 mile of an existing public water system must provide adequate justification as to why they are unable to connect to such a system. For developments with more than fifteen (15) units and located more than 0.5 mile from a public water supply, the water supply strategy shall be considered by the approving authorities on a case-by-case basis.

4.

In a pre-existing subdivision that is served by well and/or septic systems that would otherwise require connection under the provisions of this Chapter, the Board of Adjustment may grant permission to build on previously undeveloped lots of record, subject to compliance with Title 124 of the Nebraska Administrative Code, satisfactory percolation tests reviewed by the Director of Public Works or his/her duly appointed representative, and other applicable requirements.

5.

All proposals for new water supplies, extensions, or main installation shall be approved by the City of Kearney.

B.

Capacity.

1.

The water supply system shall be adequate to handle the necessary flow, based on complete development of the subdivision.

2.

The demand rates for all uses, including emergency fire demand, shall be included in the computation of total water demand.

3.

Fire protection shall be furnished for any development connected to the municipal water system. Computation of minimum fire flows shall be based on calculations of the American Insurance Association and National Board of Fire Underwriters.

4.

Hydrants spaced for necessary fire flow and provided with adequate means of drainage as approved by the Director of Public Works or his/her duly appointed representative and Fire Chief. All mains serving hydrants shall be at least eight (8) inches in diameter, should be looping mains, and should have appropriate state approvals. All fire hydrant leads shall be a minimum of six (6) inches in diameter.

5.

Installation of water systems shall conform to current design standards in use within the City of Kearney, as set forth by the Subdivision Design Manual.

6.

A certification from a registered professional engineer shall be filed with the City of Kearney certifying that the water supply system of the subdivision is designed and constructed in accordance with the requirements of this Section; and all applicable standards of the State of Nebraska. This certification shall be affixed to an accurate set of "as-built" system plans. The subdivision's engineer shall furnish five (5) sets of "as-built" drawings and one (1) electronic file compatible with the current version of AutoCad.

7.

All state requirements shall be met and approvals from the Department of Health and Human Services Regulations and Licensure Division shall be obtained for all water systems.

C.

Private or Community Well Systems. If the development does not meet the required criteria for connection to a public water system or for reasons of topography, economic feasibility, or other special condition proposes water service by a community and/or private well, the developer shall request a variance according to the following provisions:

1.

The developer shall submit with the preliminary plat application an Economic Feasibility Study Report and an Environmental Impact Study report, prepared by a professional engineer, which documents the cost of providing City water service to the subdivision versus the cost of the proposed well system.

2.

If a well system is approved by the City with the preliminary plat approval, the system shall be designed and built in accordance with regulations of the Director of Public Works or his/her duly appointed representative and the Nebraska Department of Health and Human Services Regulations and Licensure Division. Both agencies shall approve its construction before the City issues Certificates of Occupancy for any buildings in the subdivision.

3.

If a public water supply system is proposed to be provided to an area within a ten (10) year period from the time of platting, as indicated in an officially adopted document of the City or other authorized agency, the City may require installation of a capped system or dry lines. Alternately, the City may require a payment in lieu of the improvement, to be credited toward the extension and connection of the subdivision to a future public water supply.

4.

City approval to install a community and/or private well system shall be allowed subject to the following additional provisions:

(a)

The system, including all distribution lines, hydrants, valves, and appurtenances, shall conform to current design standards in use within the City of Kearney and shall remain the property of the Developer and/or Homeowners' Association.

(b)

The developer and all successive lot owners shall agree to connect to the City water system if installed to the subdivision. Such connection shall not be required for ten (10) years after the date of construction of the initial well system.

(c)

With connection to the City water system, all existing lot owners shall be required to disconnect from and abandon the pre-existing well system in conformance with all local and state standards and shall share equally in the cost of such disconnection. Disconnection and abandonment shall be completed within six (6) months after connection to the City water system.

(Ord. No. 8474, § 2, 3-23-2021)

A.

Connection.

1.

All installations shall be properly connected to an approved and functioning sanitary sewer system prior to issuance of a Certificate of Occupancy.

2.

All residential subdivisions inside of the corporate limits of Kearney shall be connected to an existing public sanitary sewer system if such a system is available within three hundred (300) feet of the subdivision.

Developments with more than fifteen (15) units and located within 0.5 mile of an existing public sanitary sewer system must provide adequate justification as to why they are unable to connect to such a system. For developments with more than fifteen (15) units and located more than 0.5 mile from a public sanitary sewer system, the waste disposal strategy shall be considered by the approving authorities on a case-by-case basis.

In a pre-existing subdivision that is served by well and/or septic systems that would otherwise require connection under the provisions of this Chapter, the Board of Adjustment may grant permission to build on previously undeveloped lots of record, subject to compliance with Title 124 of the Nebraska Administrative Code, satisfactory percolation tests reviewed by the Director of Public Works or his/her duly appointed representative, and other applicable requirements.

3.

If the City creates a benefit fund for the purpose of financing public extensions of sanitary interceptor sewers to newly developing areas, each subdivision to be benefited by such extensions shall contribute to such a fund. Subdivisions within the City limits of Kearney at the time of platting; or subdivisions currently served by existing sanitary sewer service shall be exempt from this requirement. Contributions to the fund shall be computed on the basis of proportionate costs and benefits of necessary extensions. Assessments shall be made on a per lot basis for single-family development; a per-unit basis for multi-family residential development, and a site area basis for non-residential development.

4.

All proposals for new public sanitary sewer systems or extensions of existing systems shall be approved by appropriate public agencies.

5.

All state requirements shall be met and approvals from the Department of Environmental Quality or other appropriate state agencies shall be obtained for all wastewater disposal systems.

B.

Capacity.

1.

The sanitary sewer system shall be adequate to handle the necessary flow, based on complete development of the subdivision including peak flows.

2.

Installation of sanitary sewer systems shall conform to current design standards in use within the City of Kearney as set forth by the Subdivision Design Manual.

3.

A certification from a registered professional engineer shall be filed with the City of Kearney certifying that the sanitary sewer system of the subdivision is designed and constructed in accordance with the requirements of this Section, and all applicable standards of the State of Nebraska. This certification shall be affixed to an accurate set of "as-built" system plans. The subdivision's engineer shall furnish five (5) sets of "as-built" drawings and one (1) electronic file compatible with the current version of AutoCad.

C.

Private Wastewater Disposal Systems. If the development does not meet the required criteria for connection to a public sanitary sewer system and gravity sewer service connections, or if for reasons of topography, economic feasibility, or other special conditions, the developer proposes service by a private wastewater disposal system, the developer shall request a variance according the following provisions:

1.

Subsurface or septic systems are not permissible on any lot created after the effective date of this Ordinance if the gross density of the subdivision is higher than one (1) unit per seventy thousand (70,000) square feet; if individual lots are smaller than one (1) acre; or in any urban subdivision.

2.

The developer shall submit with the preliminary plat application an Economic Feasibility Study Report and an Environmental Impact Study report, prepared by a professional engineer, which documents the cost of providing City sewer service to the subdivision versus the cost of the proposed private disposal system.

3.

The preliminary and final plat shall indicate the envelope for home sites on each lot. Percolation tests must be done on areas outside the envelopes of home sites. The preliminary plat application shall also show the location of wells and septic fields for each lot and/or for the subdivision as a whole, and shall submit percolation tests for each lot, taken at the proposed absorption field sites to determine the size of the field required for each lot.

4.

The City shall consider all these submittals in determining whether to permit installation of private wastewater disposal systems for the subdivision.

5.

If a private wastewater disposal system is approved by the City with the preliminary plat approval, the system shall be designed and built in accordance with regulations of the Nebraska Department of Environmental Quality and the City of Kearney's Subdivision Design Manual. The developer's professional engineer shall furnish the City with five (5) certified copies of "as-built" plans and one (1) electronic copy compatible with AutoCad showing service line locations and final sewer and maintenance access locations, lengths, elevations, and grades.

6.

If a sanitary sewer system is to be provided to an area within a ten (10) year period, as indicated in an officially adopted document of the City the County, or other authorized agency, the City may require installation of a capped system or dry lines. Alternately, the City may require a payment in lieu of the improvement, to be credited toward the extension and extension of the subdivision of a future sanitary sewer system.

7.

City approval to install a community and/or private wastewater disposal system shall be allowed subject to the following additional provisions:

(a)

The system, including all sewer mains and appurtenances, shall conform to current design standards in use within the City of Kearney and shall remain the property of the Developer and/or Homeowners' Association.

(b)

The developer and all successive lot owners shall agree to connect to the City sanitary sewer system if installed to the corner of their lot. Such connection shall not be required for ten (10) years after the date of construction of the initial wastewater system.

(c)

With connection to the City sanitary sewer system, all existing lot owners shall be required to disconnect from and abandon the pre-existing well system in conformance with all local and state standards and shall share equally in the cost of such disconnection. Disconnection and abandonment shall be completed within six (6) months after connection to the City sewer system.

(Ord. No. 8474, § 3, 3-23-2021)

A.

Design.

1.

All subdivisions shall have a stormwater management system that is adequate to prevent the undue or unplanned retention of stormwater on the site. Undue retention does not include:

(a)

Retention through planned facilities.

(b)

Retention not substantially different from pre-existing conditions.

2.

The design of the stormwater management system shall be consistent with general and specific concerns and standards of the Comprehensive Development Plan and the drainage control programs of applicable public agencies. Design shall be based on environmentally sound site planning and engineering techniques.

3.

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

4.

Adjacent properties shall not be unduly burdened with surface water from the subdivision. Specifically:

(a)

There may be no unreasonable impediment of water from higher adjacent properties across the subdivision, causing damage to lower properties.

(b)

No action shall unreasonably collect and channel stormwater onto lower properties. The volume or rate of post-development run off based on the intensity of a ten (10) year design storm, shall not exceed the amount of pre-development runoff, and is to be managed in a manner consistent with Nebraska statutes and existing case law regarding such flows.

5.

Design shall use the best available technology to minimize off-site runoff, encourage natural filtration, simulate natural drainage, and minimize discharge of pollutants. Best available technology may include detention cells, retention basins, swales, porous paving, terracing and similar engineering solutions. Stormwater may be detained on a per lot basis or in a regional facility that serves the drainage basin.

6.

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

7.

Where possible, a subdivision's drainage system shall coordinate with that of surrounding properties or streets.

8.

All stormwater design shall be reviewed and approved by the Director of Public Works or his/her duly appointed representative. The plat submission must include a Public Works Plan including preliminary drainage computations and demonstrations that the proposed stormwater management system meets the requirements of this Section.

9.

The location of all stormwater management facilities and associated easements shall be clearly labeled on the final plat.

10.

Final engineering design and drainage computations must be approved by the Director of Public Works or his/her duly appointed representative prior to issuance of any building permits for any lot within the subdivision.

B.

Maintenance.

1.

The City of Kearney shall maintain all portions of the storm sewer system that have been accepted as part of the public system.

2.

Routine and ongoing maintenance of all stormwater management facilities constructed on private property after the date of passage of this ordinance is required as set forth in this section. The term "maintenance" is herein defined as including, but not limited to, the following situations: erosion, sedimentation, plant growth in excess of twelve (12) inches high, removal of undesirable animal infestation, litter control, compliance with State of Nebraska dam inspections, and any other related issues that the City or State may request.

3.

For stormwater facilities that serve more than one (1) lot, the owner(s) of each lot in the subdivision shall derive benefit from the stormwater facilities in controlling stormwater runoff and therefore each and every property owner in the subdivision shall collectively and proportionally be responsible for all cost associated with ongoing maintenance of stormwater facilities within the subdivision in perpetuity. The proportionate share shall be determined based on the total amount of land area each owner owns on a square foot basis as compared to the collective total square footage of the benefited properties.

4.

The aforementioned maintenance requirements shall be set forth in detail as part of the required Subdivision Agreement prepared in conjunction with the Final Plat for the subdivision with said agreement incorporated by reference on the final plat and filed of record with the final plat at the Register of Deeds in the appropriate county.

5.

Upon verification that maintenance is required for a given stormwater facility, the City shall give written notice to each property owner responsible for said maintenance informing said owner(s) that the required maintenance shall be performed within five (5) days of the date of notice. In the event that maintenance is not performed on private detention facilities by the lot owner(s) as set forth in this section, the City reserves the right to enter the site and perform the required maintenance and to assess the cost of said maintenance to each property owner that benefits from the stormwater facility. The assessments for this maintenance cost will be based on the City fee schedule.

C.

Erosion Control.

1.

With the submission of the preliminary plat, the subdivider shall submit an erosion control plan, prepared and certified by a licensed professional engineer, for any land disturbing activity. All grading activities must be carried out consistent with this approved erosion control plan.

(Ord. No. 7595, 5-11-2010; Ord. No. 8474, § 4, 3-23-2021)

A.

Purpose. In order to serve the educational and recreational needs of new residents within the subdivision and promote the public health, welfare, community character and property values, residential subdividers are required to donate resources to make improvements to the City of Kearney's parks system as a condition of subdivision approval.

A.

General Requirements. The amount of park facilities for new residents is partly based on data and policy in the adopted City of Kearney Comprehensive Development Plan. The Plan reflect a local adaptation of standards of the National Recreation and Park Association (NRPA). The Comprehensive Development Plan is the result of a system-wide technical analysis and citizen participatory planning process, which identified near-term and long-range needs for the local parks system.

Given these findings, the City of Kearney has determined the following:

1.

Location. Land donated for new parks shall be located based generally on the City's Comprehensive Development Plan and official map and shall specifically consider the design of each development and natural features present. The amount of land required shall not include wetlands, floodway, floodplain or stormwater detention facilities.

2.

Combining Parks and Schools Lands. Whenever possible, and whenever in the best interests of the City and the affected school district, land dedicated for park and recreation sites shall be contiguous to land dedicate for a school site. Where the subdivision is less than forty (40) acres, park and recreation land to be donated should, where possible, and in the best interests of the City and the affected school district, be combined with donations from adjoining developments in order to promote usable park and recreation lands, and thereby minimize hardship on a particular subdivider.

B.

Park Donation Substitutes. If park land would be more appropriately located off-site, the City Council may agree to accept cash in lieu of land from a residential subdivider. The amount of land required from a residential subdivider may be reduced depending on the amount of the improved land, up to two (2) acres established as a private park by the subdivider, provided that such land is determined to be of equivalent value and available by right to all residents of the development. The subdivider shall present evidence, through physical design and legal documentation that the private facility shall be equally available to all residents of the development.

C.

Criteria for Requiring a Contribution of Cash in Lieu of Park and Recreation Land.

1.

General Requirements. Where the subdivision is small and the resulting site is too small to be practical or when the available land is inappropriate for parks and recreation land use, or when land for a park and recreation use cannot be made contiguous to land dedication for a school site, the City Council shall determine whether the subdivider shall be required to pay a cash contribution in lieu of the required land donation.

2.

Park Accounting Trust and Use of Fees.

(a)

The cash contributions in lieu of land for parks and recreation use shall be held in trust by the City of Kearney for expenditure by the City as determined by the City Council. Such cash contributions shall be used solely for the acquisition of land for parks and recreation which will be available to serve the immediate or future needs of the residents of the subdivision or development, or for the improvement of recreation facilities and other parks already existing which will benefit the subdivision.

(Ord. No. 6864, 3-12-2002; Ord. No. 8089, 7-12-2016; Ord. No. 8474, § 5, 3-23-2021)

The City Council may require reservation of sites to be purchased for schools and other civic facilities as a condition for approval of the subdivision. Where the Comprehensive Development Plan or the designation of the City calls for a larger amount of land in a particular subdivision or planned development for park and recreation use, or as additional public land that the subdivider is required to dedicate, the land needed beyond the subdivider's contribution shall be reserved for subsequent acquisition by the City. Reservation of land for public acquisition shall be for a period not to exceed three (3) years from the date that the plat is officially recorded.

The slope, topography and geology of the dedicated site and its surroundings must be suitable for its intended purposes. A subdivider shall allow the City to have access to the proposed sites for the purpose of conducting soil boring tests.

Unless otherwise determined through a Subdivision Agreement, a subdivider shall convey to the City (or such other governmental body, corporation or such owner as determined by the City) the land required under this Section at the time of final approval by the City Council of the subdivision or re-subdivision plat or final development plan, by the delivery of the following documents:

1.

A good and sufficient Trustee's or Warranty Deed conveying fee simple title free and clear of all liens and encumbrances (except liens or encumbrances dischargeable by cash accompanying said deed) except for current real estate taxes;

2.

A deposit of money equal to one hundred percent (100%) of the most ascertainable taxes for the year, pro-rated to the date that the deed is delivered;

3.

A plat of survey containing thereon the legal description of the property to be conveyed and any other matters which may be required by the City Manager, under and as advised by the City Planner, City Attorney, and the consulting Director of Public Works or his/her duly appointed representative.

(Ord. No. 8474, § 6, 3-23-2021)

Cash contributions required under this Section shall be paid as follows:

A.

Fees Paid Prior to Final Plat. Unless otherwise provided by the terms of a developer agreement entered into between the City and the subdivider, all fees required pursuant to this Section, including fees arising from the development of land located in the City's two (2) mile planning jurisdiction that may be subject of an intergovernmental agreement, shall be due and owing prior to the final plat approval by the City Council.

However, if the subdivider's lands are the subject of an annexation agreement, payment shall be made at the times and in the manner provided in said annexation agreement.

B.

Procedures for Fee Collection and Administration. It shall be the duty of the Finance Director, or other official designated by the City Council to establish regulations and procedures for the collection and administration of the cash contributions required under this Section.

A.

Developer Agreements May Establish Time and Manner of Compliance. The City may enter into a Developer Agreement with any subdivider which sets forth the time and manner of compliance with the terms of this Section and implementation of any other provisions of these regulations.

B.

Prior Development Agreements. If any developer agreement has previously been entered into between the City and a subdivider, and that Agreement remains in full force and effect, the provisions of that agreement shall control, and this Section shall have no force and effect, provided that the subdivider complies with the terms of such Agreement. However, if such subdivider is not complying with the terms of that Agreement then the provisions of this Section shall apply and the City shall utilize the criteria set forth herein to determine the appropriate exaction amount, less credits, if any.

Further, if the development contemplated by a subdivider has either increased in number of units or has otherwise increased the demand for park and recreation facilities, then the Developer Agreement previously entered into between the subdivider and the City shall be amended and the subdivider shall provide additional land, or a pro-rata fee, based on the provisions of this Section, less credits, if any.

A.

Utility Easements.

1.

Urban Subdivisions: Easements for utilities shall be provided for in the subdivision dedication allowing for the construction, maintenance, repair, and replacement of utilities. Such easements shall be at least ten (10) feet in width, centered on the lot lines, and shall be provided along:

(a)

All rear property lines.

(b)

Side property lines where necessary to provide a continuous easement. Easement requirements may be waived with proof that such easements are not required by utility service providers.

2.

Easements of greater width may be required along lot lines or across lots. Easements of lesser width may be approved if accepted by utility providers. Easements shall connect with easements on adjoining properties.

3.

Easements shall be approved in writing by any appropriate public or private utility provider intending to use such easement for their facilities. Such approval shall be submitted prior to final plat approval.

4.

Rural Subdivisions: Easements for utilities shall be placed within street rights-of-way, without requirements for additional utility easements.

B.

Drainage Easements. Where a subdivision is crossed by a watercourse, drainageway, channel, or stream, a stormwater easement or drainage right-of-way shall be provided. It shall correspond generally with the extent of such watercourse, together with any additional construction or expansion necessary to allow it to conduct stormwater adequately. Easements shall extend not less than twenty (20) feet on each side from the centerline of the waterway. The total width of any easement shall be sufficient to cover the one hundred (100) year flood plain calculated for a fully developed upstream drainage basin. Parallel streets or parkways may be utilized to preserve such drainageways.

C.

Setback Requirements for Structures Adjacent to Creeks and Drainageways.

1.

In addition to other applicable provisions of City ordinances, no persons shall be granted a permit for the construction of any structure, exclusive of fences, bank stabilization structures, poles signs, and non-related parking areas adjacent to any creek or stream unless such structure is located so that no portion whereof is any closer to the stream than will allow a maximum 3:1 slope between the water's edge (during normal flow conditions) of the stream and the closest point of the structure at-grade.

2.

An exemption from the provisions of Subsection 1 above may be granted if all of the following conditions are met and required certification is filed with the City of Kearney:

(a)

Certification by a registered professional engineer or architect that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate lateral support so that no portion of the structure adjacent to the stream will be endangered by erosion or lack of lateral support.

(b)

Certification shall be affixed to an accurate set of "as-built" construction plans for the structure, as well as "as-built" plans of depicting any bank stabilization or slope protection measures or structures.

(c)

In the event that the structure is adjacent to any stream that has been channelized or otherwise improved by any agency of government, then such certification providing this exemption must take the form of a certification as to the adequacy and protection of the improvements installed by such governmental unit.

D.

Other Easements. The subdivision shall provide easements for other public utilities that cross through it, in a form acceptable to the City or appropriate public agency.

(Ord. No. 8474, § 7, 3-23-2021)

Before final plat approval is granted to the subdivision, dedications to public use of all streets, alleys, other public rights-of-way, or other parks and public lands shall be completed as required by this Ordinance.