1.

The Planning Commission is hereby authorized and instructed to review and make recommendations to approve or disapprove the subdivision of land within its jurisdiction.

2.

The territorial jurisdiction of the Planning Commission over subdivision or platting of land shall include all land located within the City corporate limits, and all land lying within the extraterritorial jurisdiction of the City referenced in Section 9-02-02

These regulations are adopted for the following purposes:

1.

To protect and provide for the public health, safety, and general welfare of the City.

2.

To guide the future growth and development of the City, in accordance with the master plan.

3.

To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population.

4.

To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of all parts of the City.

5.

To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

6.

To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.

7.

To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.

8.

To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenting of subdivided land.

9.

To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.

10.

To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to promote, preserve and enhance area natural resources and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.

11.

To preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features.

12.

To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in this title.

The following definitions represent the meanings of terms as they are used in this chapter:

Alley means a strip of land, dedicated to public use, primarily to provide vehicular service access to the side or rear of properties otherwise abutting on a street.

Easement means a grant by the property owner of the use of a strip of land by the public, or by one or more persons or corporations for a specific purpose or purposes.

Highway—Primary means any designated Interstate or Federal Route, such as I-94 or US 83. Primary highways provide for rapid movements or relatively large traffic volumes between large lane areas, major traffic generators and other arterials. Primary highways should have controlled access and are usually multilane roads with no parking.

Highway—Secondary means any designated state or county arterial route, such as Highway 1804 or County Highway 10. Secondary highways provide through traffic movements between areas and links collectors with other arterials. Secondary highways usually have two (2) to four (4) lanes and may be divided or undivided roads, preferably with little or no parking, and limited access.

Improvements means street grading and surfacing, with or without curbs and gutter, sidewalks, crosswalks, water mains, sanitary and storm sewers, culverts, bridges, and street trees.

Lot means a portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or for development.

Lot combination means a combination of two (2) or more platted lots into a single lot whose boundaries coincide with the lot lines shown on the recorded plat of the subdivision, that meets the following criteria:

a.

Does not involve the vacation of existing easements;

b.

Does not involve lots within more than one zoning classification.

Lot line adjustment means an adjustment of an existing platted lot line between two (2) adjoining lots by relocation of a common boundary that meets the following criteria:

a.

Does not involve lots within more than one zoning classification;

b.

Is not one lot line adjustment in a series of lot line adjustments proposed for contiguous lots as a way to circumvent the minor subdivision plat process;

c.

Both of the resulting parcels conform to the minimum lot area, width and depth for the zoning district in which the property is located, or will when combined with an adjacent parcel as part of the same lot modification action;

d.

The resulting parcels can be legally described with no more than two (2) directional descriptors (e.g. the north one hundred (100) feet of the west two hundred (200) feet of Lot 1, Block 1, ABC Addition). For lot line adjustments between irregularly-shaped parcels or to transfer an irregularly-shaped portion of a lot to an adjacent land owner the City Planner may waive this requirement, provided the resulting parcels can be legally described as the original lot number combined with a letter (e.g. Lot 1 would become Lots 1A, 1B and 1C);

Lot split means the division of a previously platted lot into not more than three (3) lots, that meets the following criteria:

a.

The lot split does not involve the creation of new utility easement;

b.

The lot split does not require the dedication of public rights-of-way for the purpose of gaining access to the property;

c.

All parcels conform to the minimum lot area, width and depth for the zoning district in which the property is located;

d.

The resulting parcels can be legally described with no more than two (2) directional descriptors (e.g. the north one hundred (100) feet of the west two hundred (200) feet of Lot 1, Block 1, ABC Addition). For an irregularly-shaped residential lot being split for a two- or three-unit side-by-side residential dwelling (row house), the City Engineer may waive this requirement, provided the resulting parcels can be legally described as the original lot number combined with a letter (e.g. Lot 1 would become Lots 1A, 1B and 1C), and the line(s) dividing the parcel is a straight line from the front property line to the back property line among the common wall;

e.

The property has not previously been divided through the lot split provisions of this chapter.

Master plan means the comprehensive plan, or any portion thereof, made and adopted in accordance with state law and this title indicating the general or specific locations recommended for streets, parks, public buildings, zoning districts and all other public improvements.

Plat of irregular description means a plat made for taxation purposes at the request of the County Auditor in accordance with N.D.C.C. Section 57-02-39. Such a County Auditor's plat is not platting pursuant to N.D.C.C. Chapter 40-50, but rather is made for the convenience of tax officials in describing property on the tax rolls.

Sketch plat means a sketch preparatory to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.

Street-arterial means a roadway which provides through traffic movements between areas and links collectors with other arterials. Arterials usually have two (2) to four (4) lanes and may be divided or undivided roads, preferably with little or no parking, and limited access. The locations of roadways classified as arterials shall be as designated on the most recent edition of the North Dakota Department of Transportation Functional Classification Map.

Street-collector means a roadway which provides traffic movements between local roads and arterial roads and also provides direct access to abutting property. Collectors are often only two-lane roads but should be planned and designed to minimize on-street parking and direct driveway access. The locations of roadways classified as collectors shall be as designated on the most recent edition of the North Dakota Department of Transportation Functional Classification Map.

Street-local means a roadway whose primary function is to provide access to abutting property. Local roads are usually two-lane roads with parking and direct access to adjacent lands and are primarily intended to provide pedestrians and vehicular access to the abutting properties.

Subdivision plat, major means any subdivision, platted pursuant to N.D.C.C. Chapter 40-50 that does not meet the definition of a minor subdivision.

Subdivison plat, minor means a subdivision, platted pursuant to N.D.C.C. Chapter 40-50, that meets all of the following criteria:

a.

Does not require the dedication of public rights-of-way or the construction of new streets;

b.

Does not create any public improvements other than sidewalks;

c.

Does not land-lock or otherwise impair convenient ingress and egress to or from the rear or side of the subject tract or any adjacent property;

d.

Does not violate any local, state or federally-adopted law, ordinance, regulation, plan or policy;

e.

Is part of a previously platted subdivision.

(Ord. No. 234, 4-9-2020)

1.

Preliminary steps.

a.

Before preparing the general plan of a subdivision, the applicant shall meet with the Planning Chairman and the City Engineer to discuss the proposed plat, consistency of the plat with City policies and plans the overall concept plan for the area, extension of municipal utilities to service the plat, compliance with the fringe area road master plan, and stormwater management issues.

b.

The subdivider should also consult with parties potentially interested with him or with the ultimate users of the development, such as mortgage, insurance and lending institutions, with a view to reaching at this stage a clear understanding the part of the market demand that should be served, suitability of the location of the proposed subdivision, the most advantageous general plan or arrangement of streets, lots, and other features of the proposed development.

c.

It will be the duty of the Planning Commission to discourage the subdividing of lands that are far in advance of the needs of the community; or that by their location cannot be efficiently served by public utilities, fire protection, police protection or other municipal services; or that are located in areas subject to flooding; or that are located in areas that would adversely impact water quality and environmentally sensitive lands; or that are topographically unsuitable for development; or that for any other reason are being unwisely or prematurely subdivided. It shall also be the duty of the Planning Commission to encourage the replatting of lands deemed to be unsatisfactorily subdivided and which because of this are tax delinquent or are underdeveloped and which represent an obstacle to the orderly and efficient growth of the City. It shall also be the duty of the Planning Commission to encourage the coordinated platting of adjacent small parcels of land, and to this end the Planning Commission shall make sketch plans for such coordinated platting, or shall arrange meetings of the several owners of such small parcels of land, or shall carry out the intent of this directive by such other means as may be lawful and appropriate.

d.

The subdivider shall submit a sketch plat ten (10) days prior to the first Planning Commission meeting. The first Planning Commission meeting will serve as a pre-application meeting. The subdivider shall submit a preliminary plat by noon twenty-one (21) days prior to the second Planning Commission meeting and request a public hearing at this time. The final plat with changes shall be submitted by noon twenty-one (21) days prior to the third Planning Commission meeting. The third meeting will serve as a public hearing. Approved applications will then be forwarded to the City Council for public hearing and final approval two (2) days after the Planning Commission meeting.

If the Planning Commission finds that the subdividing of lands are far in advance of the needs of the community; or that by their location cannot be efficiently served by public utilities, fire protection, police protection or other municipal services; or that are located in areas subject to flooding; or that are located in areas that would adversely impact water quality and environmentally sensitive lands; or that are topographically unsuitable for development; or that for any other reason are being unwisely or prematurely subdivided, it shall reject the subdivider's plan. If the Planning Commission finds that it approves or that it approves conditionally, it shall direct the developer to file a letter of intent (contents to be prescribed by the Planning Commission), and to submit an earnest money deposit (as determined by the Planning Commission), to the City Auditor. The Planning Commission and the City Council will hold a joint meeting with the developer. The City Attorney and the City Engineer shall also be present. The purpose of the meeting shall be to set forth the developer's responsibilities in the project development; to identify areas to be studied in the project development review study; to set fees for the project development review study and to receive approval from the City Council to proceed with project development.

2.

Lot modification—Lot line adjustments, lot splits and lot combinations.

a.

The purpose of this subsection is to provide for approval of lot modifications that meet specific criteria and for the waiver of standard platting requirements specified elsewhere in this chapter. This process is intended to facilitate the further division of previously platted lots, the combination of previously platted lots or for the adjustment of an existing lot line by relocation of a common boundary.

b.

Any person having a legal interest in the property may file an application for a lot modification. For an adjustment of an existing lot line, an affidavit from all affected property owners indicating their consent must also be submitted.

c.

An application for a lot modification shall be submitted to the City Auditor, along with the applicable fee; a certificate of survey prepared by a registered land surveyor showing the parcel or lot, the proposed modification, and all existing building or structures; a legal description of the original parcel, and a legal description of the resulting parcel(s).

d.

For lot combinations and lot line adjustments in all zoning districts and for lot splits in all zoning districts the application will be reviewed by the City Engineer. No hearing or review by either the Planning Commission or City Commission is necessary.

3.

Tentative approval—Major subdivision plat.

a.

The subdivider shall apply in writing to the City Auditor for tentative approval of a subdivision plat by the specified application deadline and on the proper form. All current owners of property within the plat shall sign or ratify the application form.

b.

The number of prints of the preliminary plat as indicated in the current application form shall be filed with the City Auditor at the time application for tentative approval is made. The plat shall comply with the provision of Section 9-08-07 of these regulations and shall be accompanied by:

(1)

The applicable fee;

(2)

An eight and one-half (8½) by eleven (11) reduction of the plat;

(3)

A digital copy of the plat;

(4)

A concept development plan showing the proposed location of roadways and a generalized lot layout for all adjacent land layout within one-half (½) mile of the proposed plat that is owned by the applicant;

(5)

A preliminary stormwater management plan that includes:

(a)

The proposed preliminary grading plan shown at contours as required to clearly indicate the relationship of the proposed changes to existing topography and remaining features;

(b)

A preliminary drainage plan of the developed site delineating the direction and at what rate stormwater runoff will be conveyed from the site and setting forth the areas of the site where stormwater will be collected; and

(c)

Any other information pertinent to the particular project which, in the opinion of the applicant is necessary for the preliminary review of the project.

c.

For a proposed subdivision plat within or adjacent to the corporate limits, a preliminary utility servicing plan is also required. This preliminary utility servicing plan shall include:

(1)

An accurate location map;

(2)

The proposed layout of lots and streets;

(3)

Topographic contours with a minimum contour interval of two (2) feet;

(4)

The location of any existing municipal utilities within or adjacent to the plat; and

(5)

The proposed location of water and sanitary sewer mains within the subdivision, how these mains are proposed to connect to the existing utility systems, and any easements on adjacent property required to accommodate connections.

d.

For proposed subdivision plats outside of the corporate limits, but within the ETA, the following profiles for roads/streets are also required:

(1)

Three (3) profiles of existing ground elevation; one (1) at centerline and one (1) on each side of the right-of-way, fifty (50) feet beyond the right-of-way lines; and

(2)

Two (2) centerline profiles of proposed design elevations; one (1) for a rural road section and another for future urban street section design.

e.

For proposed subdivision plats within two (2) miles of the corporate limits, the source of water shall be identified. If the subdivision is to be served by South Central Regional Water District a formal request from South Central Regional Water District to service the subdivision shall be submitted in conjunction with the request for tentative approval. Said request shall include a statement indicating that all rural water service lines installed by or on behalf of South Central Regional Water District will be installed to City specifications. The City Engineer shall review the request and make a determination as to whether or not South Central Regional Water District service will be allowed.

f.

All areas proposed for development shall be platted to the edge of the property with all undevelopable land included within the plat (subject to discussion and agreement by the landowner and the City).

(1)

Land determined by the owner and City to be undevelopable and/or needed for stormwater purposes shall be:

(a)

Included in adjoining platted lot(s) as a stormwater easement that is privately owned but grants the City access, with only major maintenance such as repairing pipes, culverts or structures, and removing sediments in excess of six (6) inches to be completed by the City. Minor maintenance such as moving, trash pickup, and maintaining an open access is the responsibility of the land owner. The amount of property taxes and special assessments for these areas will be determined by the City based on the level of benefit and the value of the land; or

(b)

Platted as a separate lot(s) that is owned and maintained by the City, as a regional stormwater conveyance or detention facility; or

(c)

Platted as a separate lot(s) that is owned and maintained by the Lincoln Parks and Recreation (subject to their agreement) as a natural area; or

(d)

Platted as a separate lot(s) that is owned and maintained by the Lincoln Parks and Recreation District, (subject to their agreement) and including a City-maintained stormwater easement; or

(e)

Any combination of the above option.

Undevelopable land will be maintained as a natural area unless a drainage easement is present and the easement requires major maintenance by the City. Major maintenance shall include maintenance of existing structures and pipes and cleaning of sediment in excess of six (6) inches. Minor maintenance to be completed by the land owner includes mowing, trash pickup and retaining and open access for a City vehicle.

g.

The Planning and Zoning Board shall approve, approve conditionally, table or disapprove such preliminary major subdivision plat. If approved with modification or waiver of certain requirement by the Planning and Zoning Board, the reasons therefore shall be specified. If approved conditionally, the conditions and reason therefore shall be specified. In any conditional approval, the Planning and Zoning Board may require the subdivider to submit a revised preliminary major subdivision plat. If disapproved, the reasons for that action shall be stated and if possible, the Planning and Zoning Board shall make recommendations on the basis of which the proposed subdivision may be approved.

h.

The action of the Planning and Zoning Board shall be entered on the official records of the Planning and Zoning Board, including any conditions imposed and the reasons for any disapproval of a preliminary major subdivision plat.

i.

Tentative approval of a preliminary major subdivision plat by the Planning and Zoning Board is not an acceptance of the major subdivision plat by the Planning and Zoning Board and is not an acceptance of the major subdivision plat for record, but is rather an expression of approval of a general subdivision plat for the final approval and recording upon fulfillment of all requirements of these regulations.

j.

Tentative approval shall be effective for a maximum period of twelve (12) months, unless upon application by the subdivider, the City Auditor grants an extension. If the final major subdivision plat has not been submitted for final approval within this time limit, a preliminary major subdivision plat must again be submitted to the Planning and Zoning Board for tentative approval.

4.

Final approval—Major subdivision plats.

a.

The subdivider shall apply in writing to the City Auditor for final approval of a major subdivision plat by the specified application deadline and on the proper form. All current owners of property within the plat shall sign or ratify the application form.

b.

The number of prints of the final major subdivision plat as indicated in the current application form shall accompany the application for final approval. The final plat shall comply with the provision of Section 9-08-07, of these regulations, and shall be accompanied by:

(1)

Either a copy of a current title insurance policy or a current attorney's opinion of ownership, running to the benefit of the City of Lincoln;

(2)

An eight and one-half (8½) by eleven (11) reduction of the plat;

(3)

A digital copy of the plat, if required; and

(4)

A stormwater management plan in accordance with Title 10.

c.

For proposed subdivision plats located within the City of Lincoln's ETA, an assurance of completion of the required improvements (in a form acceptable to the City Engineer) shall be required only if such improvements are not constructed and accepted prior to recording of the plat. An example of such assurance would be a performance bond, but will be determined by the City and City Engineer if such assurance is needed.

After receipt of the application for final major subdivision plat approval, the City Planner shall give notice of a public hearing on such proposed subdivision by advertising the time and place of such hearing in the official newspaper once each week for two (2) consecutive weeks prior to the date of such hearing. Not less than ten (10) days prior to date of the scheduled public hearing, the City shall attempt to notify all known adjacent property owners within one hundred fifty (150) feet of the proposed major subdivision plat. "Notify" shall mean the mailing of a written notice to the address on record with the City Assessor or Burleigh County Auditor. The failure of adjacent property owners to actually receive the notice shall not invalidate the proceedings. The City Auditor shall send a notice of the time and place of such public hearing to the subdivider and property owner(s) before the date fixed for the hearing. The public hearing may be held at any regular or special meeting of the Planning and Zoning Board.

d.

After a public hearing, the Planning and Zoning Board may act upon the request for final approval. If the Planning and Zoning Board approves the subdivision, such approval will be entered upon the tracing and will be signed by the secretary and the Chairman of the Planning and Zoning Board. If the Planning and Zoning Board disapproves the subdivision, such action, together with the reasons therefore will be entered in the official records of the Planning and Zoning Board and the subdivider shall be so notified.

e.

Upon final approval of a major subdivision plat involving the creation of new street(s), the widening, decreasing or vacation of existing street(s) or alley(s), or the creation, enlargement or decrease of other lands devoted to public use, the planning board shall at the same time and without further public hearing, approve such change in streets, alleys or public lands as an amendment to the master plan. The planning board will transmit notice of such action to the City Council together with appropriate recommendations concerning the acceptance of dedicated streets and alleys, or the vacation thereof, and of the acceptance of other dedicated lands. In the case of streets, alleys and public lands lying outside of the City of Lincoln, notice of the action of the Planning Commission and appropriate recommendations will be transmitted to the Board of County Commissioners of Burleigh County or other body having jurisdiction in order to procure approval of roadway dedication.

f.

Final approval of a major subdivision plat by the Planning Board shall in no way constitute legal acceptance of any dedicated streets, alleys or other public lands.

g.

A final major subdivision plat that is approved by the Planning Commission will be recommended for approval to the City Council. Following final approval by the City Council, a plat in recordable form shall be furnished to the City Auditor within one hundred eighty (180) days following approval. The City Auditor may grant extensions of thirty (30) days for good cause shown in writing. Upon review and obtaining required signatures, the City Auditor shall file and record the original signed final major subdivision plat with the Burleigh County Recorder.

1.

Streets and alleys.

a.

The arrangement, character, extent, width, grade, and location of all streets shall conform to the master plan and shall be considered in relation to existing and planned streets, to topographical conditions, and to the proposed uses of lands to be served thereby.

b.

Where it is now shown on the master plan, the arrangement of streets in a subdivision shall either:

(1)

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

(2)

Conform to a plan for the neighborhood approved or adopted by the planning commission to meet a particular situation where topographical or other conditions make continuance of or conformance to existing streets impractical.

c.

Minor streets shall be so laid out that their use by through traffic is discouraged.

d.

Where a subdivision abuts or contains an existing or proposed major street, including specifically, but not limited to, 66 ^th Street SE and Lincoln Road, a twenty-five-foot landscape easement and a non-access line shall be provided along the entire length of the major street frontage to provide adequate protection to residential properties and afford separation of through and local traffic. The landscape easement shall contain, at a minimum, one (1) row of large shade trees spaced at thirty-three (33) feet and one (1) row of large coniferous trees, spaced at thirty-three (33) feet on center. Tree and shrub sizes, types and characteristics shall be in accordance with Section 9-03-13, Landscaping and Screening.

e.

Private streets may be permitted provided that the plat of any subdivision with private streets shall clearly establish or indicate private easements on such streets for the benefit of those who may become owners of lots in such subdivision, and further shall provide use of such private street easements to and for the use of any governmental subdivision, its officers and employees for utilities and any other governmental use or uses it deems necessary or advisable, provided the City shall not be responsible in any way to furnish any City services if such private street easements are not properly maintained or are obstructed by the owners of property in the subdivision.

f.

Non-access lines shall be placed along all streets and intersections thereof with the dimensions of the same to be approved by the Planning Commission, non-access line policy as follows:

g.

Street jogs shall be avoided and a minimum of one hundred twenty-five (125) feet is required between the centerline of intersections.

h.

A tangent at least one hundred (100) feet long shall be introduced between reverse curves on major and secondary streets.

i.

When connecting street lines deflect from each other by more than ten (10) degrees they shall be connected by a curve of adequate radius to ensure clear visibility for all vehicles.

j.

Intersecting streets shall be laid out at as nearly right angles as possible, and no such angle of intersection shall be less than sixty (60) degrees.

k.

Intersecting streets shall have tangent street, with a minimum of fifty (50) feet, perpendicular to the intersection.

l.

Property lines at street intersections shall be rounded with a radius of thirteen (13) feet, or of a greater radius where the Planning Commission may deem necessary. The Planning Commission may permit chords or cutoffs in place of rounded corners.

m.

Unless otherwise shown on the master plan, right-of-way and roadway widths within the corporate limits shall be not less than follows:

Pertaining to the right-of-way and roadway widths outside the corporate limits of the City, the following must be observed:

Local Street 66 and Local Street 60 classed roads must allow on-street parking on the roadway. Local Street 56 classed roads must allow on-street parking only on one side of the roadway.

n.

Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other standards of these regulations, and where the Planning Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever there exists a half-street adjacent to a tract to be subdivided, the other half shall be platted within such tract.

o.

Dead-end streets (cul-de-sacs) designed to be permanently without outlet shall be no longer than three hundred (300) feet. The length shall be measured from the centerline intersection with the through street to the center point of the turnaround.

Turnaround dimension. One of the following sets of dimensional standards shall apply:

Circular cul-de-sac turnarounds shall have a dedicated right-of-way diameter of at least one hundred twenty-two (122) feet and a paved diameter of at least ninety-six (96) feet. Such paved diameter shall be measured from face to face of the curb.

Irregular cul-de-sac turnarounds shall provide a minimum inside radius of twenty-eight (28) feet to the face of the curb and a minimum outside turning radius of forty-eight (48) feet to the face of the curb. Additional area beyond the minimum outside radius will need to be provided if parking is allowed.

Street surface width. The minimum width of street surface on a cul-de- sac shall be forty (40) feet back of curb to back of curb, or if separated by an island or median, each lane shall be at least twenty-six (26) feet in width (face of curb to face of curb).

p.

No street names will be used that will duplicate or be confused with the names of existing streets. Streets that are now or will eventually be continuations of existing streets shall be called by the names of the existing streets. They shall be named after the Custer 7th Calvary.

q.

All streets shall have a longitudinal grade of not less than 0.4 percent. No major street shall have a longitudinal grade in excess of five (5) percent and no secondary or minor street shall have a longitudinal grade in excess of seven (7) percent.

r.

Alleys shall be avoided in residential districts but may be required in commercial and industrial districts.

s.

The width of all alleys shall be twenty-six (26) feet.

t.

Dead-end alleys shall be avoided, but if unavoidable, shall be provided with adequate turnaround facilities at the closed end.

u.

On rural road sections and industrial zones the following standards shall apply:

(1)

Adequate culvert shall be installed to handle all drainage, with a minimum size of eighteen (18) inches in diameter or equivalent. The owner shall present to the engineer of the appropriate jurisdiction two (2) copies of a report proposing the size, type, and location of all drainage structures. All drainage structures shall conform to current North Dakota State Highway Department standards specifications. For drainage structures with drainage areas of over forty (40) acres, the report shall include acceptable engineering calculations for the required hydraulic capacity. Written approval shall be obtained from the engineer of the appropriate jurisdiction prior to the installation of drainage structures.

(2)

Gravel surfacing, where permitted, shall be in accordance with the standards and specifications of the engineer of the appropriate jurisdiction (City, township, or county).

(3)

The City requires pavement for residential subdivision roadways in accordance with the standards and specifications of the engineer of the appropriate jurisdiction. Gravel surfacing may be approved by the appropriate jurisdiction authority at the recommendation of the engineer of the appropriate jurisdiction (City, township or county).

(4)

All approaches shall be paved in accordance with the standards and specifications of the engineer of the appropriate jurisdiction (City, township, or county).

(5)

All drainage under streets, private drives, and approaches must have culverts installed where required by the engineer or the superintendent of roads of the appropriate jurisdiction.

(6)

All streets must be constructed to an adequate height to ensure proper snow clearance and removal. Any deviation from the minimum road section must have written approval of the engineer of the appropriate jurisdiction prior to construction. Protective covenants shall be filed by the owner to preserve the back slopes extending onto the lots.

(7)

The engineer or superintendent of roads of the appropriate jurisdiction will inspect the completed roads in each subdivision before assuming responsibility and maintenance of the roads and streets to ensure that the above standards, and those of the zoning and subdivision regulations, have been complied with.

(8)

No more than two (2) approaches onto a county or township road in any one thousand three hundred twenty (1,320) feet of distance will be allowed without prior approval of the Board of County Commissioners or Township Board, and the engineer of the appropriate jurisdiction. An approach permit is required from the engineer of the respective jurisdiction.

(9)

Applicability to industrial districts. Within the I-1 Industrial and I-2 Industrial zoning districts, the Planning and Zoning Commission, City Council and City Engineer may permit the use of these design standards and gravel surfacing upon notification and approval of all adjacent property owners with access to a roadway.

v.

Adequate culverts shall be provided to handle all drainage, with a minimum size of eighteen (18) inches.

w.

Residential street sections shall consist of four (4) inches of hot asphalt pavement over four (4) inches of class five (5) aggregate base. Nonresidential streets shall be designed according to the volume and type of traffic consistent with the area and must meet approval by the City Engineer.

x.

Unless otherwise waived for applicable rural and industrial property under Section 9-08-05.1.u, all designated public streets shall be paved in platted subdivisions. All such streets shall have the full width of the street paved and standard six-inch curb and gutter installed along the length of the adjoining property.

2.

Easements.

a.

Easements across lots or centered on rear or side lot lines shall be provided at least fourteen (14) feet wide where necessary for overhead or underground utilities.

b.

Where a subdivision is traversed by a watercourse, coulee, drainage way, channel, stream, culvert, or storm sewer, there shall be provided a stormwater easement or drainage right-of-way having a minimum width of thirty (30) feet or conforming substantially with the lines of such watercourse, and such further width or construction or both that will be adequate for such purpose so that a maintenance vehicle can access said watercourse. Parallel streets or parkways may be required in connection with such drainage easement.

3.

Blocks.

a.

Block length should usually not exceed one thousand three hundred twenty (1,320) feet nor be less than five hundred (500) feet.

b.

Pedestrian crosswalks not less than twelve (12) feet wide may be required in blocks longer than nine hundred (900) feet where such crosswalks are deemed by the Planning Commission to be essential to provide circulation, or access to schools, playgrounds, shopping centers, transportation, or other community facilities.

c.

The width of blocks shall generally be sufficient to allow two (2) tiers of lots.

d.

Blocks intended for business and industrial use should be specifically designated for such purposes with adequate space set aside for off-street parking and delivery facilities.

e.

Where frontage is on a major or secondary street, the long dimension of the block should front thereon.

4.

Lots.

a.

Lot dimensions and areas shall be no less than shown in Chapter 9-04, District Regulations.

b.

Platting of lots for commercial purposes should be avoided in favor of the comprehensive design of a balanced shopping center providing for off-street parking and loading space.

c.

All lots shall have access to a street or other public right-of-way.

d.

Double frontage or reverse frontage lots shall not be permitted except where lots back on arterial or major collector streets or highways, or where topographic or other conditions render subdividing in another fashion unreasonable. Such double frontage lots shall have an additional depth of at least twenty (20) feet over and above normal lot size in order to allow for screen planting and landscaping along the back lot line.

e.

Corner lots shall be of extra width sufficient to maintain building lines on both streets and conform to the district standards set for in Chapter 9-04, District Regulations.

f.

Side lot lines shall be approximately at right angles or radial to street lines.

g.

A screen planting buffer may be required between residential and commercial or industrial lots depending upon the regulations set forth in Chapter 9-03.

5.

Public sites and open spaces.

a.

The purpose of this subsection is to provide adequate and effective development standards for parks, open space, trails, and recreational areas in new residential subdivisions, planned unit developments, and in rezoned residential areas where density is increased throughout the City.

b.

To provide adequate, reasonable, and suitable land for the City to provide recreational amenities to the general public at a location convenient to the people it is intended to serve.

c.

In every residential plat, replat, or subdivision, the subdivider is required to dedicate park land, combined land and cash dedication, fee in lieu of land dedication, or a land swap of equivalent value, to the Park District for parks, open space, trails, and recreational areas. The land or cash value will be the appraised residential fair market value of the property.

(1)

Procedure: The subdivider of the property shall request a concept plan meeting approximately ten (10) calendar days before submitting a sketch plat (Section 9-09-04.1.d) to the Planning and Zoning Commission. During this meeting a representative from the Park District will have a reasonable opportunity to review the plat, replat, or subdivision and determine if the proposed park land is adequate and suitable for dedication to the City.

At the time of preliminary plat submission, the subdivider shall submit with the application a letter from the Park District indicating their recommendation for land dedication, combined land and cash dedication, or fee in lieu of land dedication.

(a)

Land dedication. In every subdivision or rezoned residential area where density is increased, a minimum amount of land equal in value to two and one-half (2½) percent shall be set aside and dedicated by the tract or tract owners to the Park District for parks, open space, trails, and recreational areas.

(b)

Combined land and cash dedications. The City Council and Lincoln Park District may accept a combination of cash and land as part of the land dedication requirements. The monetary funds shall be remitted to the Park District. The percentage of land shall reduce the required fee percentage by an equal amount.

(c)

Fee in lieu of land dedication. When it is has been determined that park land dedicated is not desirable due to suitability factors, the City Council and Lincoln Park District may require, in lieu of land dedication, an amount of cash not to exceed the residential fair market value of the undeveloped land. The monetary funds shall be remitted to the Park District.

(d)

Land swap in lieu of land dedication. When it has been determined that park land dedicated is not desirable due to suitability factors, the City and Park District may require, in lieu of land dedication or fee in lieu of land dedication, a dedication of property outside of the planned plat, replat, or subdivision of equivalent value to the residential fair market value of the two and one-half (2½) percent minimum dedication.

The Planning and Zoning Commission will consider the Park District recommendations and implement open space, facilities, and public uses identified in the comprehensive plan and future land use plan when formulating their recommendations to the City Council.

(2)

Criteria for determining suitability of land. The suitability of land proposed to be dedicated for parks, open spaces, trail, and recreational purposes shall be determined by the following criteria:

(a)

Land shall be reasonably located and suited for its intended use.

(b)

Land shall have frontage on public or private road, and safe access as determined by City Council.

(c)

Dedicated land shall be in adequate size, shape, topography, geology, hydrology, tree cover, access, and location in accordance to the needs of the Park Board.

(d)

Shall be consistent with the goals and objectives of the future land use plan.

(3)

Improvements to dedicated land. The tract owner shall be responsible for ensuring the land dedicated to parks, open space, and recreational areas is properly remediated or restored to use prior to dedication at the discretion of the City Engineer.

(4)

Individualized determination. The City will make an individualized determination of whether the dedicated land fee, or swap:

(a)

Is in conformance with the City's future land use plan.

(b)

Address a public purpose including:

i.

Preserving an area in its native state.

ii.

Providing an area for public recreation.

iii.

Stimulating the City's economic development and growth.

iv.

Promoting the health and general welfare of City residents.

(c)

Is roughly proportional to the impact of the proposed development on the City's available open space.

6.

Monuments.

a.

A corner monument shall be placed at each lot and each block corner and a subdivision boundary control monument shall be placed at each change of direction in the boundary line of the subdivision. A subdivision boundary control monument shall also be placed at the point of curvature and point of tangency of each curve in a street line on one side of the street.

b.

Minimum monument requirements:

(1)

Minimum lot corner monument requirements: The land surveyor establishing or rehabilitating lot corner monuments shall place as a minimum acceptable marker, an iron monument not less than eighteen (18) inches in length and not less than one-half (½) inch in sectional dimension driven to a survey elevation depth, to which is affixed a cap bearing the center point and the registered land surveyor's certificate number firmly imbedded thereon.

(2)

Minimum block corner monument requirements: The land surveyor establishing block corner monuments shall place as a minimum acceptable marker a detachable/breakaway iron or aluminum monument with a minimum dimension of thirty (30) inches in length and not less than two (2) inches in sectional dimension with a magnet located under the cap and in the base driven to a survey elevation depth, to which is affixed a cap bearing the center point and the registered land surveyor's certificate number firmly imbedded thereon.

The land surveyor rehabilitating block corner monuments shall place as a minimum acceptable marker, an iron monument not less than eighteen (18) inches in length and not less than one-half (½) inch in sectional dimension driven to a survey elevation depth, to which is affixed a cap bearing the center point and the registered land surveyor's certificate number firmly imbedded thereon.

(3)

Subdivision boundary control monument requirements: The land surveyor establishing subdivision boundary control monuments shall place as a minimum acceptable marker a detachable/breakaway iron or aluminum monument with a minimum dimension of thirty-six (36) inches in length and not less than two and one-eighth (2⅛) inches in sectional dimension with a magnet located under the cap and in the base driven to a survey elevation depth, to which is affixed a cap bearing the center point and the registered land surveyor's certificate number firmly imbedded thereon.

The land surveyor rehabilitating subdivision boundary control monuments shall place as a minimum acceptable marker, an iron monument not less than eighteen (18) inches in length and not less than one-half (½) inch in sectional dimension driven to a survey elevation depth, to which is affixed a cap bearing the center point and the registered land surveyor's certificate number firmly imbedded thereon.

c.

Rejecting an existing monument: If a public land survey corner, lot corner, block, corner or subdivision control point is lost or obliterated and a land surveyor places a monument in conformance with the rules and regulations of the U.S. Department of the Interior, Bureau of Land Management, as expressed in their current Manual of Surveying Instructions, or in compliance with a decree of a court of law, that monument shall stand as being correct.

If it can be proven that the rules were not followed in placing a monument, a monument is to be placed in the correct position and the registered land surveyor is to file a new record explaining the evidence used in determining his position for setting a new monument.

d.

Offense: A person is guilty of a violation of this Code if such person removes, disturbs or in any manner changes an existing subdivision lot corner, block corner or boundary control monument; and such person, in addition to being subject to the penalty for an offense, shall also bear the full cost of resurveying and replacing each such monument.

(Ord. No. 234, 4-9-2020; Ord. No. 239, 6-4-2020; Ord. No. 250, 6-3-2021)

1.

The purpose is to establish minimum requirements for providing secondary roadway access to subdivisions and developments in order to have a reasonable level of emergency vehicle access to developed property for life safety and property protection, including alternative ingress and egress routes for residents.

2.

The standards apply to both public and private roads providing access to subdivisions and developments. The requirements of this policy are in addition to any and all applicable regulations, including platting requirements, adopted design standards, site-specific access requirements, traffic design standards, and other codes and policies. For proposed subdivisions adjacent to previously platted subdivisions, the application of these standards will consider the cumulative impact of both the existing subdivisions and the new subdivision. For example, when making decisions on an additional development phase that increases the distance or number of units allowed beyond a secondary access point, the distance and number of units from previously platted additions will also be considered.

3.

The standards will generally be applied to one- and two-family residential developments, both urban and rural, during the subdivision review process; to multifamily residential developments during both the subdivision and site plan review process; and to commercial, industrial and institutional developments during the site plan review process. The standards will not apply to projects which require limited access for security purposes, provided arrangements have been made with emergency service providers to obtain access when needed.

4.

Definitions.

Primary roadway access means a primary roadway access is defined as the roadway, either public or private, which provides the primary way in and out of a development for emergency vehicle access. A primary roadway is usually a public roadway, although it may be private.

Rural development means those developments located outside of the corporate limits of the City of Lincoln, which are developed at rural densities, do not have an approved central sewer system, and do not require annexation prior to development.

Secondary roadway access means a secondary roadway access is defined as a separate roadway, either public or private, which provides a second way in and out of a development for emergency vehicle access. A secondary roadway access may be public or private.

Urban development means those developments located within the corporate limits of the City of Lincoln, those areas platted at urban densities with the understanding that annexation will occur prior to development, or those areas platted at urban densities with an approved central sewer system.

5.

Distances shall be measured along the centerline of roadways, from the centerline of the last intersecting roadway (the primary roadway access) to the furthest edge of the most remote lot for urban and rural one- and two-family residential uses or to the center of the furthest approved driveway for multifamily residential, commercial, industrial and institutional uses. The thresholds specified refer to the distance between a primary and secondary access, not the distance from any access road to an interior point in the subdivision or development.

6.

One- and two-family lots shall be counted as they are platted.

7.

The number of multifamily units anticipated for an R-7 and R-9 lot shall be the maximum number of units allowed for that lot under the proposed zoning. The thresholds specified refer to the number of units between a primary and secondary access, not the number of units from any access road to an interior point in the subdivision or development.

8.

When a secondary roadway access is required, the separation distance between the primary access roadway and a secondary access roadway should be equal to or exceed one-half (½) of the overall diagonal dimension of the subdivision or development being served, measured in a straight line between the accesses. For example, if the measured diagonal distance from the southeast corner of the subdivision to the northwest corner of the subdivision is two thousand (2,000) feet, the separation distance between the primary roadway and a secondary roadway should be one thousand (1,000) feet or more.

9.

Consideration factors—Residential developments. The following factors shall be considered when determining the need for a secondary access roadway for both urban and rural one- and two-family residential developments:

a.

The total number of residential lots being proposed from the last intersecting primary roadway access. Generally, this number should not exceed thirty (30) lots for urban developments and sixteen (16) lots for rural developments.

b.

The total number of residential lots in previously platted adjacent subdivision between the proposed subdivision and the last intersecting primary roadway access. Generally, the number of residential lots being proposed combined with this number should not exceed thirty (30) lots for urban developments and sixteen (16) lots for rural developments.

c.

The length of roadways being proposed from the last intersecting primary roadway access. Generally, the distance should not exceed one thousand three hundred twenty (1,320) feet for both urban and rural developments.

d.

The length of roadways within previously platted adjacent subdivisions between the proposed subdivision and the last intersecting primary roadway access. Generally, the length of roadways being proposed combined with this distance should not exceed one thousand three hundred twenty (1,320) feet for both urban and rural developments.

The following factors shall be considered when determining the need for a secondary access roadway for both urban and rural multifamily residential:

a.

The total number of dwelling units being proposed from the last intersecting primary roadway access. Generally, this number should not exceed one hundred (100) dwelling units for urban developments and fifty (50) units for rural developments (based on maximum allowable density and lot size). In urban areas, this number may be increased to two hundred (200) dwelling units provided all buildings are equipped with approved automatic sprinkler systems.

b.

The total number of dwelling units allowed or developed between the proposed development and the last intersecting primary roadway access. Generally, the number of dwelling units being proposed combined with this number should not exceed one hundred (100) dwelling units for urban developments and fifty (50) units for rural developments (based on maximum allowable density and lot size). In urban areas, this number may be increased to two hundred (200) dwelling units provided all buildings are equipped with approved automatic sprinkler systems.

c.

The length of roadways being proposed from the last intersecting primary roadway access. Generally, this distance should not exceed one thousand three hundred twenty (1,320) feet for both urban and rural developments.

d.

The length of roadways within previously platted adjacent subdivisions between the proposed subdivision and the last intersecting primary roadway access. Generally, the length of roadways being proposed combined with this distance should not exceed one thousand three hundred twenty (1,320) feet for both urban and rural developments.

10.

Consideration factors—Commercial, industrial and institutional developments. The following factors shall be considered when determining the need for a secondary access roadway for commercially-zoned, industrially-zoned and institutional developments in any zoning district:

a.

The total square footage of proposed building(s) from the last intersecting primary roadway access. Generally, this number should not exceed sixty-two thousand (62,000) square feet. In urban areas, this number may be increased to one hundred twenty-four thousand (124,000) square feet provided all buildings are equipped with approved automatic sprinkler systems.

b.

The total square footage of building(s) allowed or developed between the proposed development and the last intersecting primary roadway access. Generally, the square footage of proposed buildings(s) combined with this number should not exceed sixty-two thousand (62,000) square feet. In urban areas, this number may be increased to one hundred twenty-four thousand (124,000) square feet provided all buildings are equipped with approved automatic sprinkler systems.

c.

The length of roadways being proposed from the last intersecting primary roadway access. Generally, this distance should not exceed one thousand three hundred twenty (1,320) feet for both urban and rural developments.

d.

The length of roadways within previously platted adjacent subdivisions between the proposed subdivision and the last intersecting primary roadway access. Generally, the length of roadways being proposed combined with this distance should not exceed one thousand three hundred twenty (1,320) feet for both urban and rural developments.

e.

The height of the proposed building(s) and site design. Each individual commercial, industrial and institutional building exceeding thirty-five (35) feet in height shall have at least three (3) means of emergency vehicle access on site (alternative ways to get to the building).

11.

Other consideration factors—All developments.

a.

The following factors shall be considered when determining the need for a secondary access roadway for all developments:

(1)

The anticipated timing of future phases of development, provided said future phases provide for any required secondary roadway access.

(2)

The phasing of development and proposed future phases. Generally, it is expected that development will be phased to provide a required secondary access as soon as feasible.

(3)

The specific location of the subdivision or development.

(4)

The topography of the site and adjacent areas needed for a secondary roadway access.

(5)

The ease of making roadway connections in the future.

(6)

The potential for flooding of the primary roadway access.

(7)

The potential for blocking of the primary roadway access (fallen trees, snow drift, etc.).

b.

The following factors shall be considered when determining whether or not a secondary access roadway needs to be built to urban or rural standards, and whether or not said roadway needs to be paved:

(1)

The specific location of the subdivision or development.

(2)

The topography of the site and adjacent areas needed for a secondary roadway access.

(3)

Whether the secondary roadway access will be temporary or permanent.

(4)

The anticipated average daily traffic (ADT), based on nine (9) trips per dwelling unit per day for residential uses and the ITE Trip Generation Manual for other uses.

(5)

The anticipated timing and phasing of future development.

(6)

The subdivision's or development's zoning classification.

(Ord. No. 239, 6-4-2020)

1.

Before issuing a building permit for any structure within the City limits, the City will require that the following improvements are either;

a.

Constructed and in place with a lot survey being conducted that installs property corners;

b.

Assured of completion by the deposit with the City or other appropriate governing body, of a certified check in an amount sufficient to construct such improvements, the amount to be determined by the City or County Engineer; or

c.

Assured of completion by the posting of a bond with the City or other appropriate governing body, in an amount sufficient to construct such improvements, the amount to be determined by the City or County Engineer, and the form and the surety of the bond to be approved by the appropriate City or legal officer; or

d.

Assured of completion by entering into a three-party agreement including the City, the developer, and the contractor.

The form of the three-party agreement, and the conditions and considerations to be agreed upon therein shall be substantially the following:

(1)

License to construct. The City grants to the developer the right, privilege, and license to enter upon and construct in the public streets of the City the water mains, sanitary sewer mains or other improvements deemed necessary, by mutual agreement as stated in the contract. The license shall continue so long as the developer performs the agreements assumed by it therein.

(2)

Scope of work. The developer will, through a contractor licensed under the laws of North Dakota to do said work, furnish all materials, and all equipment and labor, necessary to perform all of the work shown on the plans and specifications approved by the City Engineer, which are hereby referred to and made a part of this contract. Testing as required by the City Engineer shall be the responsibility of the contractor at no expense to the City. Field observation to assure compliance with the approved plans and specifications and testing, as required by the City, shall be the responsibility of the developer at no expense to the City. The developer shall complete all stub outs to the property line on utilities to be constructed under this contract. The contractor agrees to coordinate his work to allow for other contractors to proceed with their work.

All work incidental to the project, such as grading, construction staking, water main pressure testing, taps to the water main, seeding, chlorine, flushing and disinfecting water mains, dust control, clean up, provide "as constructed" drawings and any other usual charges as determined by the City Engineer shall be borne by the developer.

(3)

Time of commencement and completion. The work to be performed pursuant to this contract shall not be commenced by contractor before the City (i) has received written verification from the provider bank that the letter of credit or escrow account has been established as required by paragraph (6) below and (ii) has received the insurance certificates, bonds and all other contractual documents required by this contract and the plans and specifications referred to herein. The contract shall specify when such work will commence and be completed by an agreed upon date with the City. The contract shall specify the completion date of the work to be done by the contractor.

(4)

Supervision and inspection of work. The City and the City Engineer shall at all times have access to the work, in its preparation and progress. The City Engineer and his authorized representatives will give all grades and locations for all work and no work depending upon such grades or locations shall be commenced until the same have been established. Upon all questions concerning the interpretation and the compliance with the plans and specifications and the performance and execution of the work called for by them, the decision of the City Engineer shall be final and binding upon the developer and its contractors, servants, employees or agents.

(5)

Engineer's decisions. The City Engineer shall have general supervision that all work complies with the plans and specifications. He has authority to stop the work when such stoppage may, in his opinion, be necessary to assure proper execution of the contract and overall quality. He shall also have the authority to reject all work and materials which do not conform to the plans and specifications and to decide all questions which arise in the execution of the work. All such decisions of the City Engineer shall be final.

A signed and stamped letter from the developer's licensed engineer (PE) shall accompany the final submittal of plans and specs. The letter must state the developer's engineer has supervised, inspected and approved all improvements to the land and that improvements meet the requirements as set forth in the submitted plans and specifications.

(6)

Payment. The developer shall provide an irrevocable letter of credit or a certificate of deposit in an escrow account from a bona fide bank which shall be used only for payment of the project expenses and shall be in the amount of the project cost plus five (5) percent as approved by the City.

The developer will be solely responsible to pay the contractor for all of the contract work in accord with the plans and specifications approved by the City and made a part of this contract. Payment shall be made in accordance with the following:

At the end of each calendar month, the developer's engineer shall make an approximate measurement of work done to date and an estimate of the value of the same at the prices agreed upon in the contract between the developer and the contractor. When directed by the City Engineer, the contractor shall measure the work completed and submit to the City Engineer in duplicate copy form an estimate of the work completed to date and value of same at the prices agreed upon in the contract. Except as provided below, a deduction of ten (10) percent shall be made from the estimated amount, and from the balance shall be deducted the amount of all previous payments.

The City Engineer shall cause to be retained ten (10) percent of the amount of each payment until fifty (50) percent of all work in the contract documents has been completed and accepted by the City Engineer. No further amount of retainage shall be withheld from payments after fifty (50) percent of the contract has been completed unless the City Engineer has on file any valid claims against the contractor by the City or others. The City Council may authorize the City Engineer to reduce the amount retained upon completion of ninety-five (95) percent of all work in the contract documents and accepted by the City Engineer. On completion and acceptance of a part of the work on which the price is stated separately in the contract documents, payment may be made in full, including retained percentages, less authorized deductions.

After the work has been completed, the developer's engineer will prepare a final statement showing the quantities of each and every item of work satisfactorily completed by the contractor. All estimates upon which previous payments have been based are partial estimates and are subject to correction in the final statement. The final statement showing the entire quantity and value of each and every item of work satisfactorily completed will be submitted to the contractor for his approval before being submitted to the City for review prior to making final payment to the contractor.

The developer shall, where oversize mains are required, be responsible to construct and pay for the same unless it is practical and possible to separate the proposed construction work requiring extra size, and separately bid the same through public bidding.

(7)

Contents of developer's contracts. All contracts, current and future, made by the developer and/or the contractor with any person, firm, or corporation in connection with or in carrying out the contract work outlined herein shall provide: "This contract is subject to all the terms and conditions of a three-party agreement dated between the specified developer, the specified contractor and the City of Lincoln."

(8)

Ownership of work-lines. All contract work, except utility stub outs, furnished or placed in the public streets, alleys, easements, or right-of-way shall become the property of the City and the water and sewer utilities upon acceptance by the City. The placing and furnishing of all contract work by the developer, its contractor, its subcontractors, if any, and by any person, firm, or corporation, as labor or material or otherwise, shall be under the provisions of this three-party agreement and with the express waiver of any right to claim against the City or City Engineer, or to make any claims or lien against the contract work.

(9)

Verbal agreements. No verbal agreements or conversation with any officer, agent, or employee of the City before or after the execution of this contract shall affect or modify any of their terms or obligations contained in the documents comprising the contract.

(10)

Protection of public and work. The developer and the contractor shall provide and maintain all necessary watchmen, barricades, lights, and warning signs for vehicular and pedestrian protection and take all necessary precautions for protection of the public and shall further maintain at all times adequate protection of the work from damage.

The developer shall procure and maintain at its own expense from an insurer licensed to do business in North Dakota such liability insurance as shall be adequate to protect the developer, the City, the City Attorney and the City Engineer against and from all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property on account of any negligent act or fault of the developer, the contractor, or any officers, agents or employees of same in the execution or performance of this agreement or developer's contract with the contractor and as will protect the City and City Engineer, or on account of their failure to provide necessary barricades, warning lights, or signs, and as will protect the City from any contingent liability under this contract or other legal grounds.

Such insurance policy shall be written on an occurrence (and not claims-made) basis, shall name the City and City Engineer as an additional insured, and shall include owner's protection liability insurance for the benefit of the City, and at a minimum, shall be in the following amounts:

(a)

One million dollars ($1,000,000.00) for property damage.

(b)

One million dollars ($1,000,000.00) for bodily injury (including death) for one (1) person and one million dollars ($1,000,000.00) for one (1) accident.

(c)

One million dollars ($1,000,000.00) per occurrence.

Such insurance policy shall contain a provision that the insurer must notify the City in writing not less than thirty (30) days in advance of the effective date of any change in coverage or cancellation or expiration thereof and shall provide that the policy shall not be canceled or changed until thirty (30) days after the City has received written notice as evidenced by the return receipt of a registered letter. Certificates evidencing the issuance of the above insurance addressed to the City and in form satisfactory to the City shall be filed with the City Auditor prior to the commencement of the work to be performed pursuant to this contract. The City and City Engineer shall be named as an additional insured on the above insurance policies. Renewal certificates in form satisfactory to the City shall be filed with the City Auditor prior to each policy expiration date.

The contractor shall also procure and maintain at its own expense, during the life of its contract with the developer and from an insurer licensed to do business in North Dakota, insurance of types and in amounts adequate to protect the contractor and the City, but which shall be of at least the types and minimum amounts as hereinafter specified, as follows:

(a)

Worker's compensation insurance: Worker's compensation insurance shall be provided in accordance with the provisions of the laws of the state for all the contractor's employees at the site of the project and in case any work is sublet, the contractor, shall require each such subcontractor similarly to provide workers' compensation insurance for all of the latter's employees.

Certificates evidencing the issuance of such insurance shall be filed with the City Auditor within ten (10) days after the date of the agreement. Underwriters shall be required to waive all subrogation against the City and its representatives, agents and employees.

(b)

General public liability and property damage insurance: Contractors general public liability and property damage insurance written on an occurrence (and not claims-made) basis and issued to the contractor and protecting it and the City from all claims for personal and bodily injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any work or operations under or pursuant to this contract or developer's contract with the contractor, whether such operations be by contractor or by any subcontractor under it, or anyone directly or indirectly employed by the contractor or by a subcontractor under it, in minimum amounts as follows:

i.

Liability of not less than one million dollars ($1,000,000.00), for all damages arising out of personal or bodily injury, including death, at any time resulting there from, sustained in any one accident;

ii.

Liability of not less than one million dollars ($1,000,000.00) for all damages arising out of injury to or destruction of property (including property of the City) in any one accident.

All such insurance shall be written on a comprehensive policy form and shall include coverage for contractual liability, independent contractors, products and completed operations, premises operations, the hazards of explosion, collapse, and underground, broad form property, and personal injury and in the event that blasting operations are required in performance of the work, shall specifically cover all blasting operations. Contractor shall cause such insurance policy to be endorsed that the above limits are specific to the project under this contract.

(c)

Automobile liability insurance: For all owned, hired and non-owned automobiles with minimum limits of liability for one million dollars ($1,000,000.00).

For injuries to one (1) person, one million dollars ($1,000,000.00) for injuries or death of two (2) or more persons.

Property damage minimum limits of five hundred thousand dollars ($500,000.00) or a combined property damage and personal injury minimum single limit of one million dollars ($1,000,000.00).

(d)

Builders risk insurance or installation floater: The contractor shall maintain builders risk insurance or installation floater (all risk perils) on a one hundred (100) percent completed value basis on the insurable portion of the project for the benefit of the City, the contractor, and all subcontractors, as their interest may appear.

Certificates evidencing the issuance of all the above insurance addressed to the City and in form satisfactory to the City, shall be filed with the City prior to the commencement of work by the contractor. The City shall be named as an additional insured on the above insurance policies. Each such policy shall contain a provision that the insurer must notify the City in writing not less than thirty (30) days in advance of the effective date of any change in coverage or cancellation or expiration thereof and shall provide that the policy shall not be canceled or changed until thirty (30) days after the City has received written notice as evidenced by the return receipt of a registered letter. Renewal certificates in form satisfactory to the City shall be filed with the City Auditor prior to each policy expiration date.

Contractor shall also require all subcontractors and consultants to maintain insurance in accordance with the foregoing requirements unless different coverages are authorized by the City in writing.

All such insurance shall be subject to approval by the City.

(11)

Indemnity. The developer and the contractor agree to indemnify and save harmless the City, its appointed and elective officers and employees, the City Attorney and City Engineer from and against all loss or expense, including attorney's fees and costs by reason of liability imposed by law upon the City, its elected or appointed officials or employees for damages because of bodily injury including death at any time resulting there from sustained by any person or persons and on account of damage to property including loss of use thereof, arising out of or in consequence of the performance of the work or other requirement hereunder, whether such injuries to persons or damage to property is due to the negligence or omission of the developer or the contractor, or the employees or agents of either, or any subcontractor, or its employees or agents.

(12)

Utilities. It shall be the responsibility of the contractor and the developer to familiarize themselves with the location of all existing sewer and water mains and service lines, gas mains, and service lines, telephone, cable television, power, light, telephone poles, and guys, steam lines, valve boxes, and stop boxes and all utility installations that might be affected in the performance of the work. The contractor shall notify all utility companies forty-eight (48) hours in advance of any construction affecting said utilities, and the contractor and the developer shall work out with said utilities any conflicts or changes.

(13)

Changes. The City Council reserves the right to make any necessary changes in the alignment, grade, or design of the proposed work deemed by it advisable.

(14)

Clean up. Extra materials, tools, and temporary structures shall be removed by the developer and all dirt, rubbish, and excess earth from excavations shall be disposed of and the construction area left clean to the satisfaction of the City Engineer. The developer shall maintain for a period of one (1) year after completion of the work the surface of unpaved trenches, adjacent curbs and gutters, sidewalks, driveways, shrubbery, fences, sod or other surfaces disturbed. The developer shall conduct its operations in such manner as to cause minimum inconvenience to adjoining property owners and the public.

Street surfacing in unpaved areas shall be restored to as good as or better than prior to construction by the developer. The developer will be required to replace paving or gravel surface removed or damaged in the construction work or repair any area disturbed as a result of construction work.

(15)

Assurance of performance and payment of bills. The contractor shall furnish a performance bond in an amount at least equal to one hundred (100) percent of the total contract amount as security for the faithful performance of the contract and also a payment bond in an amount of not less than one hundred (100) percent of the total contract amount as security for the payment of all persons performing labor on the project under the contract and furnishing materials in connection with the contract. The developer and the City shall be named as obligee in such bonds.

(16)

Warranty. The contractor shall, under warranty repair and/or replace all work determined to be faulty by the City. All materials and workmanship shall be warranted for a period of one (1) year from the date of final acceptance by the City and the performance bond of the contractor and its surety shall remain in full force and effect for that period. The City's final acceptance shall in no way relieve the contractor's obligation under this warranty.

(17)

Engineering supervision charges. The developer shall reimburse the City all engineering fees and related costs for the City Engineer's fee for review of plans and specifications, document review, site visits, technical and professional advice, supervision of construction, preliminary estimates, periodic pay estimates, final pay estimate and as-built plans. Any legal fees and administrative costs related to the project shall also be reimbursed. At the time of signing of the agreement by the City, the developer shall deposit with the City Auditor a sum of money equal to said engineering fee as then estimated by the City Engineer, Auditor and Attorney. All work completed by the City Engineer described in the first sentence of this paragraph shall be charged to such deposit. If during the progress of the work it becomes apparent to the City that the amount so deposited will be insufficient, the City Auditor shall notify the developer in writing and the developer shall, within ten (10) days of each such notice, deposit with the City Auditor such additional amount as the City Auditor states in such notice as estimated necessary to pay said engineering fee. Upon completing all work described in the first sentence of this paragraph (17), the City shall refund to the developer without interest the balance, if any, of said deposit not needed to pay said engineering fee.

(18)

Allotment of building permits. The City Engineer may withhold a building permit until the City and City Engineer determine that the project is significantly complete to ensure all improvement have been finished.

2.

No improvements shall be made unless and until all necessary plans, profiles and specifications therefore shall have been submitted to and approved by the City Engineer.

a.

At the time such plans, profiles and specifications are submitted for review, the City Engineer shall prepare an estimate of cost for office checking and field inspection of all improvements. The subdivider shall thereupon deposit with the City Auditor an amount of money equal to said estimated cost. All work done by the City Engineer in connection with checking, computing and correcting such plans for improvements and in connection with field inspection of the construction thereof, shall be charged to such deposit. If during the progress of the work it shall appear that the cost thereof will exceed the amount so deposited, the City Engineer shall notify the subdivider of this fact and shall do no further work in connection with such review or field inspection until the subdivider has deposited the additional amount of money necessary to cover the cost of the work.

b.

Upon completion of the work of checking plans and inspecting the construction of improvements, the City Engineer shall forward to the City Auditor a statement of the amount of the engineering and inspection costs to be charged against the deposit made by the subdivider. The City Auditor shall thereupon refund to the subdivider any unexpended balance of such deposits. If such engineering and inspection charges shall for any reason exceed the amount of the deposits, the City Auditor shall collect the balance due and shall issue a statement that such charges have been paid.

3.

At the time of filing an application for final approval, the subdivider shall submit either:

a.

A certificate signed by the City Engineer that all required improvements are in place including a recorded drawing of improvements, or

b.

A certificate signed by the City Engineer that plans, specifications, and profiles for such improvements have been filed with and approved by the City Engineer, and a certificate signed by the City Auditor that a certified check or satisfactory performance bond has been posted for completion of improvements. Where part of the improvements have been completed, appropriate certification will be filed. A recorded drawing showing improvements shall also be submitted to the City Engineer for review and approval.

1.

The preliminary plat shall contain the following minimum items, but should contain all items listed on the City's subdivision/plat submittal checklist:

a.

Proposed name of subdivision.

b.

Location by section, township and range, or by other legal description.

c.

Names and addresses of developer and surveyor who made the plat.

d.

Scale of plat, which shall be one (1) inch equals one hundred (100) feet or less.

e.

Date.

f.

North point indication.

g.

Boundary line of proposed subdivision indicated by a solid heavy line.

h.

Total acreage within subdivision.

i.

A location map inset showing the boundary of the proposed subdivision and covering the area within a one-mile radius of the subdivision.

j.

Existing and proposed access points along public right-of-way within or adjacent to the subdivision. In addition, all such adjacent access points within one-quarter (¼) mile of the subdivision shall be shown or noted if the subdivision is located within the extraterritorial jurisdiction.

k.

Name, location and width of all existing or prior platted streets, indication of existing type and width of surfacing thereon; name, dimensions and location of railroad and other utility rights-of-way, parks, and other public open spaces, permanent buildings or structures, corporation boundaries and section lines within or adjacent to the subdivision.

l.

Existing water mains, storm sewers, sanitary sewers, culverts, bridges and other utility structures within the tract, indicating pipe sizes, grades, and exact locations, as obtained from public records.

m.

Existing zoning of proposed subdivision and adjacent tracts, in zoned areas.

n.

Boundary lines of adjacent tracts of subdivided and unsubdivided land, showing owners.

o.

Topographic contours with a minimum contour interval of two (2) feet.

p.

Layout of proposed streets, alleys, crosswalks and easements, showing all widths and proposed street names.

q.

Layout, numbers and dimensions of lots and blocks.

r.

Parcels of land intended to be dedicated or reserved for public use, or set aside for use of property owners of subdivision.

s.

Building setback lines, showing dimensions.

t.

Location and dimensions of proposed utility easements, including easements for stormwater management facilities and proposed locations of culverts and retention/detention areas, if available.

2.

The final plat shall be submitted in sheets thirty (30) inches by thirty-six (36) inches, provided that when more than one (1) sheet is required, there shall also be filed an index sheet on tracing cloth and of the same dimensions, showing the entire subdivision on one (1) sheet and giving block and lot numbers. The final plat shall contain the following:

a.

Name of subdivision.

b.

Location by section, township and range, or other legal description.

c.

Names and addresses of owners and surveyors.

d.

Scale, which shall be one (1) inch equals one hundred (100) feet or less and shall be shown graphically.

e.

Date.

f.

North point indication.

g.

Boundary line of subdivision based on an accurate traverse, with angular and lineal dimensions indicated.

h.

Exact location, width and name of all streets within and adjoining the subdivision, and the exact location of all alleys and crosswalks.

i.

True angles and distances to the nearest established street lines or official monuments (not less than three (3)) which shall be accurately described on the plat.

j.

City, township, county or section lines accurately tied to the boundary lines of the subdivision by distances and angles.

k.

Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.

l.

All easements for rights-of-way provided for public services and public utilities.

m.

All lot numbers and lot lines, with accurate dimensions in feet and hundredths.

n.

Accurate location of all lots and block corner and subdivision boundary control monuments.

o.

Accurate outlines and legal description of any areas (not including streets, alleys or public utility easements) to be dedicated or reserved for public use, with the purposes indicated thereon; and of any area to be reserved by deed covenant for common use of all property owners.

p.

Building setback lines, accurately shown with dimensions.

q.

Certification by registered surveyor to the effect that the plat represents a survey made by him, and that the monuments shown thereon exist as located and that all dimensional and geodetic details are correct.

r.

Notarized certification by the owners of the land of the adoption of the plat and the dedication of sewers, water distribution lines and other improvements and of streets and other public areas.

s.

Proper form for the approval of the Planning Commission.

t.

Proper form for acceptance of plat, and amendment of Master Street Plan by City Council.

u.

Proper form for the approval of the City Engineer.

v.

Stormwater management note shall be shown in accordance with Title 10.

3.

Any proposed protective covenants that are to run with the land will be submitted with the final plat. These covenants may be shown upon the final plat, but if they are not so shown, they shall be submitted with the final plat in form for recording, and shall be recorded in the office of the register of deeds at the same time the final plat is recorded.

1.

Hardship.

a.

Where it can be shown in the case of a particular proposed subdivision, that strict compliance with the requirements of these regulations would result in extraordinary hardship to the subdivider because of unusual topography, or other such conditions would result in retarding the achievement of the objective of these regulations, then the Planning Commission may vary, modify or waive requirements of this chapter so that substantial justice may be done and the public interest secured; provided that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of these regulations, or of the master plan.

b.

In no case shall any variance, modification or waiver be more than a minimum easing of the requirements; in no case shall it have the effect of reducing the traffic capacity of any major or secondary street; in no case shall it be in conflict with the existing zoning regulations.

c.

In granting variances, modifications or waivers, the Planning Commission may require such conditions as will, in its judgment secure substantially the objectives of the standards and regulations so affected.

2.

Planned unit development.

a.

These regulations may be modified by the Planning Commission in the case of a plan for a new town or a complete community or neighborhood unit, with a building and development program which, in the judgment of the Planning Commission, provides and dedicates adequate public open spaces and improvements for the circulation recreation, education, light, air, and service needs of the tract when fully developed and populated, and which provides such covenants, financial guarantees, and other legal assurance that the plan will be followed and will be achieved.

1.

In order to cover the costs of examining plans, advertising and holding public hearings, and other expenses incidental to the approval of a subdivision, the subdivider shall pay a fee at the time of application for tentative approval of a preliminary plat. Such fee will be based upon the estimated number of lots created. At the time of application for final approval of the subdivision, the required fee will be recalculated on the basis of the actual number of lots created, and an adjustment of the fee will be made, the subdivider to pay an additional amount or to receive a refund of any portion of the fee if the subdivider fails to apply for final approval of the subdivision. If, because of the failure of the subdivider to submit a final plat within twelve (12) months after receiving tentative approval of a preliminary plat, it is necessary to resubmit a preliminary plat for tentative approval, the subdivider shall be required to pay the fee currently in effect at the time of resubmission.

2.

Fees shall be charged and collected for consideration of any application for a major subdivision plat, subdivision plat vacation, lot modification or minor subdivision plat as established by the Planning and Zoning Board and shall be collected at the time of filing of an application.

3.

All fees collected for the approval of subdivision shall be credited to the general fund of the City.

4.

All fees established by this section are in addition to any sums paid to cover the costs of review of improvement plans and supervision and field inspection of construction required under the provisions of Section 9-08-06.

1.

It shall be unlawful to sell or offer for sale a lot in a subdivision in the area under the jurisdiction of the Planning Commission, unless that subdivision has:

a.

Been recorded with the County Recorder prior to the adoption of these regulations; or

b.

Received final approval by the Planning Commission and the City Council and been recorded in compliance with these regulations.

2.

Whoever, being the owner or agent of the owner of any land located within the territory of a subdivision subject to the approval of the Planning Commission or the City Council, transfers or sells, or agrees to sell any land by reference to or exhibition of or by the other use of a plat of subdivision, before such plat has been approved by the Planning Commission and the City Council in accordance with the requirements of these regulations and recorded or filed for record as so approved in the office of the County Recorder, shall, in addition to the punishment provided for an offense, forfeit and pay a penalty of one hundred dollars ($100.00) for each lot or parcel so transferred or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds shall not exempt the transaction from such penalties or the remedies herein provided. Such fine and forfeiture shall not act to bar the City from enjoining such transfer or sale or agreement by an action for injunction.

Any property owner wishing to vacate a previously approved and recorded plat or any part thereof must follow the same procedures as those required for plat approval and outlined in Section 9-08-04.

The Lincoln City Council may, by resolution, change the name of any street within the City of Lincoln if it finds that such name is confusing, in error, or otherwise inconsistent with the other street names within the city. All property owners on the street being considered for a change of name shall be notified at least ten (10) days before the City Council considers the resolution changing the name of the street. Upon passage of a resolution changing the name of the street, a copy of the resolution along with a map detailing the change shall be filed with the register of deeds.