Seward City Zoning Code
PART 8
Subdivision Regulations
§ 410-37.1 Purpose.
The purposes of this Part 8 are to:
A.
Serve the public health, safety, and general welfare of the City and residents of Seward and its surrounding jurisdiction.
B.
Provide for the orderly development and growth of the City by prescribing rules and standards ensuring the functional arrangement of streets, public improvements, open spaces, community facilities, and utilities.
C.
Promote the creation of well-planned and attractive residential, commercial, and industrial developments within the City and its jurisdiction.
D.
Avoid excessive costs to the taxpayers of Seward or the residents of the jurisdiction of the City for the provision of public services and utilities, while maintaining high standards for these services.
E.
Protect the unique environment of the City of Seward by avoiding environmental damage whenever feasible and appropriate; and by encouraging flexibility in the design of subdivisions.
F.
Provide the City of Seward with the ability to grow incrementally through the eventual annexation of new developments.
§ 410-37.2 Jurisdiction and applicability.
A.
The provisions of this Part 8 shall be applicable to all property within the corporate limits of the City of Seward and its two-mile extraterritorial jurisdiction.
B.
No owner of real property within the City of Seward and its jurisdiction may subdivide or plat such property into lots for buildings or any other use, streets, or other forms of dedication for public use without gaining approval pursuant to this Part 8. In addition, no individual may sell, offer to sell, or construct buildings on any lots or parts of real property that are not subdivided as required by state law or this Part 8.
§ 410-37.3 Interpretation, conflicts and severability.
A.
These regulations shall be held to provide the minimum requirements necessary for the promotion of the public health, safety, and welfare. If any provision conflicts with any other provision of the Unified Land Development Ordinance, any other ordinance of the City of Seward, or any applicable state or federal law, the more restrictive provision shall apply.
§ 410-38.1 Purpose and scope.
The purpose of this article is to establish procedures for subdivision applications and for review and action on applications by the Planning Commission and the City Council. The procedures are designed to assure adequate review and consideration of subdivision applications, while providing for an orderly and expeditious approval process. This article provides procedures for the approval of three types of subdivisions: administrative subdivisions, minor subdivisions, and major subdivisions.
§ 410-38.2 Administrative subdivisions.
A.
Scope. The administrative subdivision procedure may be used to adjust an interior lot line, to create no more than four lots, or to combine two or more lots without replatting, provided the following conditions are met:
(1)
In the case of an administrative lot line adjustment:
(2)
In the case of an administrative platting or lot consolidation:
(a)
The lots involved must be designated within the same zoning district and the proposed platting or lot consolidation will not create or result in a violation of the Unified Land Development Ordinance.
(b)
The lots involved must be existing platted lots.
(c)
The lots must be under unified ownership.
(d)
The proposed platting creates no more than four lots, or the proposed consolidation consolidates no more than four lots.
(3)
A lot is limited to only one instance of an administrative adjustment, platting and/or consolidation.
(4)
The subdivision is served by existing utilities and does not require the extension of streets, utilities, or public improvements.
(5)
Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertain to the lots; and each lot is developable according to the site development regulations of the Unified Land Development Ordinance.
B.
Application and approval procedure. An application for an administrative subdivision may be approved under the following procedure:
(1)
The applicant submits an application on a form provided by the City of Seward and including the supporting documents required for administrative subdivisions in Table 38A, included as an attachment to this chapter. These documents shall include a plat of all lots and parcels that are affected by the action, prepared by a licensed surveyor. The plat document shall also include existing public improvements that serve the site; and shall include a demonstration that required setbacks may be met. A fee as set from time to time by the City Council, together with filing fees, shall accompany the application.[1]
(2)
Following submission, the Zoning Administrator and Public Works Director shall review each application according to the following criteria:
(3)
Following such review, the Zoning Administrator may approve the administrative subdivision. Such approval shall be denoted by a signed certificate of approval that must be filed along with the plat with the Seward County Register of Deeds.
(4)
The Zoning Administrator retains the right to disapprove or not act on the administrative subdivision application. In the event of such action, the application may proceed through the minor or major subdivision process. If the subdivision complies with the conditions of a minor subdivision application, it may be directed to that approval process. Otherwise, the proposed subdivision shall be deemed a major subdivision and proceed through the appropriate review and action process.
(5)
Following approval of an administrative subdivision, the Zoning Administrator shall file the plat and certificate of approval with the Seward County Register of Deeds.
(6)
The City Clerk/Zoning Administrator shall keep a complete and accurate record of all administrative subdivision approvals.
§ 410-38.3 Minor subdivisions.
A.
Scope. The minor subdivision procedure may be used when a proposed subdivision meets all of the following conditions:
(1)
The subdivision adjusts the lot lines of no more than four new lots without creating additional lots; or creates no more than four lots from any single parcel, tract or lot.
(2)
The subdivision is served by existing utilities and does not require the extension of streets, utilities or public improvements.
(3)
Each lot resulting from the subdivision procedure will conform fully to all requirements of the zoning district that pertain to the lots; and each lot is developable according to the site development regulations of the Unified Land Development Ordinance.
(4)
No part of the parcel has been the subject of a previous administrative or minor subdivision approval.
(5)
No lot resulting from the minor subdivision shall be smaller than 60% of the size of the smallest lot on the block containing the subdivision.
B.
Application and approval procedure. An application for a minor subdivision may be approved under the following procedure:
(1)
The applicant submits an application on a form established by the City and including the supporting documents required for administrative subdivisions in Table 38A.[1] These documents shall include a plat of all lots and parcels that are affected by the action, prepared by a licensed surveyor. A fee as set from time to time by the City Council, together with filing fees, shall accompany each application.[2]
[1]
Editor's Note: Table 38A is included as an attachment to this chapter.
(2)
Following submission, the Zoning Administrator shall review each application according to the following criteria:
(b)
Consistency with the Comprehensive Development Plan of the City of Seward.
(c)
Potential adverse environmental effects or effects on neighboring properties.
(d)
Effects of the subdivision on public services. In order to determine this effect, the Zoning Administrator may submit the application to relevant school districts, utilities, and public safety agencies as required.
(3)
Following such review, the Zoning Administrator shall forward the application, along with his/her recommendation, to the Planning Commission.
(4)
The Planning Commission, following proper notice, shall hold a public hearing on each minor subdivision and, following such public hearing, shall take action on the application. If the subdivision is approved by the Planning Commission, the approval shall be documented by a certificate of approval, executed by the Zoning Administrator and the Chairperson of the Planning Commission. This certificate shall be filed along with the approved plat with the Seward County Register of Deeds. A record of all subdivisions and certificates of approval shall also be maintained by the City Clerk.
(5)
The Planning Commission retains the right to disapprove or not act on the minor subdivision application. In the event of such action, the application may proceed through the major subdivision process.
(6)
Following approval of a minor subdivision, the Zoning Administrator shall file the plat and certificate of approval with the Seward County Register of Deeds.
(7)
The City Clerk/Zoning Administrator shall keep a complete and accurate record of all minor subdivision approvals.
§ 410-38.4 Major subdivisions.
A.
Applicability. The major subdivision procedures apply to all subdivisions which are not approved or eligible for approval under the administrative or minor subdivision procedures. In general, these include subdivisions that:
B.
Stages in the approval process. The approval process for major subdivisions consists of three stages: the pre-application stage, the preliminary plat approval stage, and the final plat approval stage.
C.
Pre-application procedures.
(1)
Before filing an application for preliminary plat approval, the applicant shall meet with the Zoning Administrator regarding general requirements and issues relating to the proposed subdivision.
(2)
At the pre-application conference, the applicant shall submit a concept plan. The concept plan shall include:
(3)
Within 15 working days, the Zoning Administrator shall inform the applicant about the consistency of the concept plan with the objectives and policies of the City's Comprehensive Plan and Unified Land Development Ordinance.
(4)
The pre-application conference does not require a formal application or payment of a fee.
D.
Preliminary plat application.
(1)
Application requirements. After the pre-application conference, the applicant shall prepare and submit an application for preliminary plat approval. The applicant shall prepare and file 20 copies of a proposed preliminary plat. The application for preliminary plat approval shall be submitted to the Zoning Administrator at least 30 calendar days before the Planning Commission meeting at which the application will be considered. The application shall consist of a form established by the Zoning Administrator; the supporting documents required for major subdivisions in Table 38A;[1] and payment of a filing fee and a notification fee as set from time to time by the City Council. The plat shall not be accepted until the filing fee has been paid.[2]
[1]
Editor's Note: Table 38A is included as an attachment to this chapter.
(2)
Draft subdivision agreement. The preliminary plat application shall include a draft of a subdivision agreement prepared by the City following a format established by the City of Seward. The subdivision agreement establishes the mutual responsibilities of City and subdivider, including financing of public improvements; the nature of performance bonds and guarantees that the developer will offer; and the financing arrangements proposed for the subdivision. The City may elect to waive this requirement if it finds that such a subdivision agreement is unnecessary.
(3)
Preliminary plat approval procedure.
(a)
After submission of a complete application for a preliminary plat, the Zoning Administrator shall review the application. As part of the review, the Zoning Administrator will circulate the application to local utilities, the school district in which the subdivision is located, public safety agencies, and any other applicable provider of public services deemed necessary. Each reviewing agency shall submit written comments to the Zoning Administrator within a fifteen-day period.
(b)
Following the comment period, the Zoning Administrator shall submit a written recommendation for action to the Planning Commission.
(c)
The Planning Commission, following proper notice, shall hold a public hearing on each major subdivision and, following such public hearing, shall take action on the application. The Planning Commission may recommend approval, conditional approval, or denial of the preliminary plat to the City Council. In addition, the Commission may delay action on the application in order to resolve outstanding issues.
(d)
Following action by the Planning Commission, a written recommendation summarizing the Commission's action shall be transmitted to the City Council.
(e)
The City Council, following proper notice, shall hold a public hearing on each major subdivision and, following such public hearing, shall take action on the application.
(f)
Approval of a preliminary plat by the City Council shall not constitute approval of a final plat. The approval shall be considered an expression of conditional approval to guide the preparation of a final plat, to be considered subsequently by approving authorities. The preliminary approval shall confer upon the applicant the following rights:
[1]
The general terms and conditions under which the plat was approved will not change.
[2]
The applicant may submit for approval a final plat for the whole or a part of the preliminary plat on or before the expiration date of the preliminary approval. For some subdivisions, the preliminary and final plats may be submitted and approved simultaneously.
[3]
The preliminary plat approval shall stay in force for an indefinite period of time from the date of approval by the City Council. The City Council may, at its discretion, establish a specific effective period or expiration date for a preliminary plat.
E.
Final plat application process.
(1)
Application requirements. The applicant shall prepare and submit an application for final plat approval. The application for final plat approval shall be submitted to the Zoning Administrator at least 21 calendar days before the Planning Commission meeting at which the application will be considered. The application shall consist of a form established by the City of Seward; the supporting documents required for final plat approval of major subdivisions in Table 38A;[3] and payment of a filing fee as set from time to time by the City Council. The final plat shall not be accepted for filing until the filing fee has been paid.
[3]
Editor's Note: Table 38A is included as an attachment to this chapter.
(2)
Final subdivision agreement. The final plat application shall include the final subdivision agreement to be executed between the City and the applicant. The terms of this agreement shall be acted upon along with action on the final plat.
(3)
Performance bond. The subdivision agreement shall specify the amount of the performance bond for public improvements to be filed prior to receiving final plat approval or, alternately, shall contain a statement that required improvements have been satisfactorily completed. The performance bond, if required, must be presented in a form satisfactory to the City Attorney prior to final approval of the subdivision.
(4)
Final plat approval.
(a)
The Zoning Administrator and Planning Commission shall review the final plat for consistency with the approved preliminary plat and for compliance with the Unified Land Development Ordinance and other applicable local, state, or federal statutes and regulations. If the final plat meets all conditions of the ordinance and is substantially consistent with the terms of the preliminary plat approval, the Commission shall have no recourse but to approve the final plat.
(b)
If the Planning Commission finds in its review that the submitted final plat is inconsistent with the preliminary plat, does not comply with the conditions of relevant ordinances and statutes, or requires a waiver of any section of the Unified Land Development Ordinance, it shall hold a public hearing on the final plat. Following such public hearing, the Commission shall transmit its recommendation on the final plat to the City Council.
(c)
The City Council shall take final action on the application. The City Council is further empowered to grant waivers of a section of the Unified Land Development Ordinance after a waiver request has received a recommendation from the Planning Commission.
F.
Filing the final plat.
(1)
Following City Council approval of a final plat, the Chairman of the Planning Commission and the Mayor of the City of Seward shall sign a certificate of approval, which shall be a part of the reproducible documents of the subdivision plat required with submission of the final plat.
(2)
The passage of an ordinance by the City Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat. The Zoning Administrator shall record the plat in the office of the Register of Deeds of Seward County and shall file an executed print on Mylar or similar film in the office of the City Clerk/Zoning Administrator as satisfactory evidence of such recording before the City shall recognize the plat as being in force.
(3)
The subdivider must file the fully executed plat along with all applicable covenants and other documentation within 90 days of the execution of the plat by the Chairman of the Planning Commission and the Mayor. Filings shall be with the Seward County Register of Deeds and the State Survey Depository Record.
§ 410-39.1 Purpose.
The purpose of this article is to provide flexible design alternatives in order to assure that subdivisions in the Seward area create functional and attractive environments, minimize adverse effects, become assets to the City's urban and natural setting, and adapt to their specific situation. This article defines specific types of subdivisions that have varying design characteristics, applicable to various settings within the City of Seward and jurisdiction. It outlines specific design criteria that should be incorporated into the concepts of various types of subdivisions.
§ 410-39.2 Site design and constraints.
A.
Consideration of plans. The design of developments shall consider all existing local and regional plans for Seward and its jurisdiction. These include the Comprehensive Development Plan for the City of Seward.
B.
Grading plan required.
(1)
A grading plan is required for erosion and sediment control on all construction sites greater than five acres in size. Prior to grading or site-disturbing activity, the developer shall apply to the Building Department for a grading permit. The application for a grading permit shall include:
(2)
After submission of a complete application for a grading permit, the Zoning Administrator shall review the application. As part of the review, the Zoning Administrator shall circulate the petition to any agency with statutory authority for the management of drainageways and stormwater management.
(3)
A grading permit shall be issued within 10 working days if the Zoning Administrator has received assurances from applicable state agencies that the sediment and erosion control plan is compatible with statute, and further that it is compatible with the objectives and policies of the City's Comprehensive Development Plan and Unified Land Development Ordinance. If the submitted sediment and erosion control plan is deemed inadequate, the applicant will be given a list of mitigation measures that must be included to ensure conformance. The Zoning Administrator shall issue a grading permit to the applicant upon certification that mitigation measures will be taken as prescribed, consistent with applicable state and federal regulations regarding soil and sediment erosion, and environmental water quality.
C.
National Pollutant Discharge Elimination System stormwater permit. The subdivider shall obtain coverage under the general National Pollutant Discharge Elimination System (NPDES) Permit (Number NER 100000) for stormwater discharge. A copy of the general permit is available at the office of the Public Works Superintendent. The subdivider shall apply for authorization to discharge by submitting a notice of intent (NOI) using Form CSW-NOI. The subdivider shall comply with the terms and conditions of the general permit. A copy of the NOI shall be submitted to the Public Works Superintendent along with the agreement prior to the beginning of any construction activities. This item shall be considered incidental to the project and shall not be subject to a separate fee.
D.
Preservation of natural features and drainage patterns.
(1)
To the maximum extent possible, development shall be located to preserve natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impact and alteration of natural features and drainage patterns.
(2)
The subdivider shall give maximum consideration to the preservation of the following areas as open space, to the extent consistent with reasonable utilization of land:
(a)
Wetlands and other unique environmental areas, as defined in Section 404 of the Federal Water Pollution Control Act of 1972 and delineated on wetlands maps prepared by the United States Fish and Wildlife Service. Construction and fill activity shall be prohibited on wetlands in excess of one acre in size. Development and fill upon wetlands smaller than one acre in size should be avoided whenever possible, but regulated by permit authority of applicable state and federal agencies.
(b)
Significant stands or mature specimens of trees shall be designated by required tree surveys.
[1]
Nonresidential and attached residential. No tree taller than 20 feet or larger than 12 inches in diameter (measured six inches above the ground) shall be removed except when approved by the Zoning Administrator or his/her designee. Trees removed subject to City approval shall be replaced as noted in Table 39A. The owner of a site with natural landscaping that is unhealthful (for example, spaced too closely) may be permitted to plant replacement trees in the parkway or elsewhere in the City, if approved by the Zoning Administrator.
Table 39A Tree Replacement Schedule | ||
Diameter of Removed Tree (inches) | Number of Replacement Trees | |
12 to 25 | 4 trees at 2" or 2 trees at 4" | |
26 or greater | 6 trees at 2" or 3 trees at 4" | |
[2]
Single-family residential. Placement of the building must avoid trees taller than 20 feet or larger than 12 inches in diameter, measured 54 inches above the ground. Any such tree removed or damaged shall be replaced by a species compatible with existing trees, on a one-to-one basis. The number of replacement trees will be limited by what can be reasonably accommodated within the available lot area.
(c)
Floodplain lands, other than areas that have already experienced substantial development.
(d)
Slopes in excess of 15% as measured over a ten-foot interval. Development on slopes over 15% may be permitted only if an erosion and slope stabilization plan is submitted and approved with the development and if appropriate measures are taken in compliance with this approved plan. The City may, at its discretion, require the review and certification of such a plan by a licensed professional engineer.
(e)
Habitats of endangered species. Development shall avoid fill or disturbance of habitat sites as identified on federal or state lists administered by the United States Fish and Wildlife Service of the United States Department of the Interior, and applicable state environmental regulatory agencies. Developers are encouraged to preserve habitat areas as a connected open space consistent with the parks and greenways system designated in the Seward Comprehensive Development Plan.
E.
General guidelines for subdivision layout. Subdivisions shall be designed to comply with the following overall performance objectives:
(1)
Avoidance of adverse effects on groundwater and aquifer recharge.
(2)
Reduction and minimizing of cut and fill.
(3)
Avoidance or reduction of unnecessary impervious surfaces.
(4)
Prevention of flooding and encroachment of water onto other properties.
(5)
Provision of adequate access to lots, including alternative routes to lots and sites within the subdivision and minimizing of culs-de-sac over 600 feet.
(6)
Mitigation of negative environmental effects on surrounding properties, including effects of shadow, noise, odor, traffic, drainage, and utilities.
(7)
Respect for the urban character and traditional layout of Seward, including providing continuity to established street and community facility networks; establishing linkages and connections between new development and existing parts of the City; and preserving historically and architecturally significant sites and buildings, determined as those sites or districts either listed on or determined to be eligible for listing on the National Register of Historic Places, as determined by the State Historic Preservation Officer.
(8)
Dedication of arterial, collector, and key local streets on the general alignments specified in the Comprehensive Development Plan.
F.
Site design objectives and approval. The Planning Commission and City Council shall take the above site design objectives into account during their review and approval of subdivision applications.
§ 410-40.1 Purpose.
The purpose of this article is to assure the development of functional and safe circulation patterns within new subdivisions in order to encourage economical and effective movement of motor vehicles, bicycles, and pedestrians; provide access for public safety vehicles; and encourage the development of circulation systems that enhance the quality of life within new and existing neighborhoods in the City of Seward and its planning jurisdiction.
§ 410-40.2 General standards.
The design of circulation systems should conform to the following general standards and requirements:
A.
Classification.
(1)
Circulation system design is based upon the adjacent development, defined as either "urban" or "rural" as follows:
(a)
Rural: residential or predominately agricultural land use where average lot frontage exceeds 150 feet and subdivisions are not provided with urban services, including municipal water and/or sanitary sewer. Rural subdivisions are typically located within Rural Residential (RR) or Agricultural (AG) Districts outside of the City corporate limits, but within the City's extraterritorial jurisdiction (ETJ).
(b)
Urban: residential land use where average lot frontage is less than or equal to 150 feet and subdivisions are provided with municipal water or sanitary sewer service; or adjacent land uses include commercial, office, industrial, or civic use types.
(c)
At the discretion of the City, some sections of the circulation system within City corporate limits may be designed in accordance with a rural classification, limited to sections that have no current or future residential, commercial or industrial development. The limited sections are typically located within a designated floodplain, where development is prohibited.
(2)
Classification changes from "rural" to "urban" at the time of annexation.
(a)
At the time of annexation, the circulation system, including cartway, sidewalks, storm drainage, and all other aspects of the circulation system, shall be upgraded to urban classification standards.
(b)
The intent of the rural classification and requisite design requirements is to enable upgrade to urban design standards without complete reconstruction of the circulation system.
B.
Reviewing agencies.
(1)
The reviewing agencies consist of the Street Superintendent, the City Engineer, and the Building/Zoning and Code Enforcement Director.
(2)
All plans including circulation system design and drainage facilities shall be reviewed and approved by the Street Superintendent, the City Engineer, and the Building/Zoning and Code Enforcement Director to ensure compliance with the requirements herein.
(a)
All plans reviewed and approved by the reviewing agencies are subject to subsequent review and approval by the City of Seward Planning Commission and the Seward City Council.
(b)
All exceptions, special circumstances, and other items approved by the reviewing agencies as provided for herein are subject to subsequent review and approval by the City of Seward Planning Commission and the Seward City Council.
C.
Cartway system design.
(1)
The cartway system shall be designed: to permit safe and orderly movement of vehicular traffic; to facilitate pedestrian and bicycle traffic and minimize conflict between the various forms of circulation; to meet but not exceed needs of the present and future served population; to be simple and logical; to respect natural features, topography, and landscape; and to present an attractive streetscape.
(2)
The system shall conform with the Seward Comprehensive Plan. For streets not shown on the Seward Comprehensive Plan, the arrangement of streets shall provide for the logical extension of existing streets.
(3)
The street network of a subdivision shall provide for logical, continuous extensions of streets to subsequent future developments.
(a)
A temporary turnaround shall be located at the end of streets that will logically be extended. Construction of temporary turnarounds shall follow standards established by the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans.
(4)
The system shall provide adequate traffic flow through a subdivision and provide at least two routes from each lot within the subdivision to the rest of the City, except as explicitly permitted by the reviewing agencies. Additionally, the system should be designed to discourage through traffic from using local streets.
(5)
Continuity of arterial or collector streets. No subdivision shall prevent the extension of Arterial or Collector streets through and beyond the subdivision. The subdivision developer may plan and design collector streets not designated in the Seward Comprehensive Plan, subject to the unanimous consent of the reviewing agencies.
(6)
Internal Connectivity Index.
(a)
The system should provide good internal street network connectivity. Internal connectivity shall be measured by a Connectivity Index, calculated as:
CI = N x L |
Where: | ||
CI | = | The Connectivity Index. |
N | = | The number of nodes (including intersections and cul-de-sac heads) in a subdivision. |
L | = | The number of street links defined by those nodes. |
(b)
A desirable target for street connectivity is an index of 1.20 or greater.
D.
Pedestrian systems, bikeways and shared-use paths.
(1)
A continuous and unobstructed pedestrian system consisting of a hard-surface paved sidewalk shall be provided within each nonindustrial subdivision, designed to conduct pedestrians between every point in the subdivision in a safe manner. Sidewalk design standards are located in § 410-40.3D.
(2)
In conventional subdivisions, the pedestrian system shall be provided by sidewalks placed parallel to and located on both sides of each street, with exceptions permitted to preserve natural features, create visual interest, or maintain greenways and pedestrianways proposed in the Seward Comprehensive Plan.
(3)
In innovative developments, the pedestrian system may be an independent network diverging from streets but providing continuous pedestrian access between all points. The pedestrian system for all innovative developments shall be approved by unanimous consent of the reviewing agencies.
(4)
All aspects of the pedestrian system, including sidewalks and intersection crossings, shall comply with the Americans with Disabilities Act (ADA) and the Public Right-of-Way Accessibility Guidelines (PROWAG).
(5)
Bikeways or shared-use paths shall be required if specifically indicated by the Seward Comprehensive Plan or in conjunction with any bikeways or shared-use paths in any phase of planning, development or design or if required by the City. Any land dedicated for shared-use paths development shall be credited toward the satisfaction of pedestrian system and open space standards set forth by this chapter.
E.
Drainage.
(1)
All circulation systems shall be provided with a drainage system to remove excess stormwater. Design and construction of drainage facilities shall follow standards established by the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans.
§ 410-40.3 Street hierarchy and design.
A.
Characteristics of the hierarchy.
(1)
Streets shall be classified according to a street hierarchy, with design tailored to function.
(2)
The street hierarchy shall be defined by road function and projected average daily traffic (ADT), as calculated by trip generation rates calculated in accordance with the Institute of Transportation Engineers or other generally accepted standards.
(3)
Each residential street shall be classified and designed to meet appropriate standards for its entire length.
(4)
The applicant shall demonstrate to the satisfaction of the reviewing agencies that the distribution of traffic created by the subdivision will not exceed the design capacity of the proposed street system and its individual segments.
(5)
The street type, functions, minimum design speed and projected traffic loads of the street hierarchy are set forth in Table 40A.
(6)
Courts and Lanes may be designed and constructed to the minimal requirements provided herein on the condition that Courts and Lanes remain private or in private cooperative ownership. The subdivision agreement and plat shall clearly indicate that such streets are private and are not subject to City maintenance or acquisition. Courts or lanes shall be upgraded to the requirements of local street prior to a change from private to public ownership.
B.
Cartway width.
(1)
Cartway width for each street classification is determined by parking and curbing requirements based on form or intensity of adjacent development.
(2)
To promote economic development of streets, minimum cartway width should generally be used. Minimum cartway widths are set forth in Table 40B.
(3)
In locations where the cartway width changes, those changes shall be accomplished using a tapered section. The minimum length of taper in feet shall be calculated by multiplying the offset of the cartway edge in feet by the design speed in miles per hour. Tapers shall not extend through intersections.
C.
Curbs, gutters, and shoulders.
(1)
Curbing shall be required for the purposes of safety, drainage, and protection of the pavement edge, as set forth in Table 40B. Requirements for curbs vary according to street function and the nature of adjacent development.
(2)
Curbs, where required, shall be placed on both sides of all cartways. For cartways that are part of phased construction, the reviewing agencies may allow sections of curb to be omitted if the section of curb obstructs travel lanes in the next phase, provided that the subsequent phase is at least in the design process and construction of the subsequent phase is scheduled for construction to commence within 24 months of the placement of pavement in the current phase.
(3)
Requirements for curbs and minimum curb radii are set forth in Table 40B.
(4)
Where curbing is not required, edge definition and stabilization shall be provided to reduce edge degradation over time.
(5)
Where curbing is required, an exception may be granted by the unanimous consent of the reviewing agencies where the character of an area is preserved by the use of shoulders and drainage swales.
(6)
Shoulders, when developed, shall be at least eight feet in width on each side for all streets, shall begin at the same elevation as the roadway, and shall be located within the right-of-way. Swale width is site-specific. Shoulders shall consist of stabilized turf or other acceptable material.
(7)
All curbs shall be interrupted to provide a smooth transition between sidewalk ramps and road surface for accessibility by handicapped people consistent with the requirements of the Americans with Disabilities Act. The curb cut shall have a tapered section at each side of the sidewalk ramp.
(8)
Curb construction shall follow standards established by the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans. Curbs may be either combined curb and gutter constructed to a standard two-foot width or an integral curb.
D.
Sidewalks.
(1)
Sidewalk requirements are determined by road classification and intensity of development, as set forth in Table 40B.
(2)
Where sidewalks are not otherwise required by Table 40B, the reviewing agencies may require their installation if necessary to provide access to generators of pedestrian traffic or major community features, or to continue a walk on an adjacent street, or to link parts of the City, or to accommodate future development.
(3)
In conventional development, sidewalks shall be placed parallel to streets within the right-of-way, with the outer edge of the sidewalk 18 inches inside the right-of-way. Exceptions are possible to preserve important natural features or to accommodate topography or vegetation; when an applicant shows an alternative for a safe and convenient pedestrian system; or in conservation of traditional neighborhood development (TND) subdivisions.
(4)
Pedestrian rights-of-way at least 15 feet in width may be required through the center of blocks over 600 feet in length if deemed necessary by the reviewing agencies to provide access to schools or community facilities; or to maintain a continuous pedestrian network within and between subdivisions and districts of the City of Seward and its jurisdiction. Such rights-of-way shall be dedicated to the public in the same manner as streets.
(a)
Sidewalks within pedestrian rights-of-way shall be centered within the right-of-way.
(5)
All sidewalks shall be constructed according to the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans.
(a)
Sidewalks shall be constructed of Portland cement concrete (PCC) utilizing an NDOT 47B mix design with Type 1PF cement with no less than a minimum compressive strength of 3,500 pounds per square inch (psi) at 28 days with a minimum thickness of four inches except at points of vehicular crossing (e.g., driveways), where sidewalks shall be a minimum six inches thick. The thickness standard is minimum actual thickness and not nominal.
(b)
All sidewalks shall have an adequately prepared sub-base of suitable soils with adequate preparation to prevent premature failure. Excavate and remove all topsoil prior to sub-base preparation. Sidewalk shall not be placed over topsoil. Poor soils shall be removed and replaced with a suitable aggregate material. The sub-base shall be scarified to a depth of at least six inches and uniformly compacted to within 95% prior to placement of concrete.
(c)
Sidewalks shall have a light broomed finish perpendicular to the direction of through pedestrian traffic.
(6)
Sidewalks shall provide a clear path of at least four feet in width, free of any obstructions.
(7)
In residential districts, sidewalks shall have a landscaped buffer zone of seven feet to 12 feet as measured from the back of the curb to the front edge of the sidewalk. Reductions to the size of the buffer zone may be granted in exceptional circumstances with the unanimous consent of the reviewing agencies.
(a)
To maintain adequate sight distances with unobstructed views of any conflicting vehicles or pedestrians, the buffer zone shall be landscaped predominantly with low-growing, mowable turf grass. Street trees are permitted within the buffer zone pursuant to the requirements of § 410-40.5 of this chapter.
(b)
Where approved by the reviewing agencies, in lieu of mowable turf grass, buffers zones of two feet or less may be paved with 3,500 psi PCC, minimum four inches thick, with a stamped surface pattern to delineate the buffer zone from the sidewalk. The stamped integral surface pattern shall provide both a visual and a tactile delineation between the sidewalk and the buffer zone.
(8)
In commercial districts, sidewalks may abut curbs, provided they are a minimum of six feet wide.
(9)
In industrial districts, sidewalks are not mandatory but may be required by the reviewing agencies to maintain a complete pedestrian circulation system.
(10)
Longitudinal grade.
(a)
The longitudinal grade of the sidewalk shall generally match the grade of the top of the curb. Sidewalks shall be smooth with horizontal and vertical alignments that are free of abrupt changes and which generally blend with the finish grading contours of the surrounding area.
(b)
Sidewalks not parallel to curb shall have longitudinal grades that do not exceed 5% except for short distances to overcome elevation differentials in the surrounding grade. Sidewalk longitudinal grades shall not exceed 8% under any circumstances.
(11)
The sidewalk shall have a transverse slope of 2% (one inch in four feet) in the direction of the curb. Exceptions may be granted in extraordinary circumstances where drainage must be directed away from the curb by unanimous consent of the reviewing agencies.
(12)
All sidewalks, crossings, and other segments of a continuous pedestrian system must comply with standards of the Americans with Disabilities Act (ADA).
(a)
Sidewalk grades shall exceed ADA requirements wherever possible. Grades shall be minimized and longitudinal grade changes shall be minimized.
(b)
Where sidewalks meet a street for access, a curb ramp shall be installed. Curb ramps shall conform to the Nebraska Department of Transportation Standard Plan No. 303-R3 Curb Ramps.
E.
Bikeways and shared-use paths.
(1)
Bikeways and shared-use paths shall be required in subdivisions when specified as part of the Seward Comprehensive Plan, or in conjunction with any bikeways or shared-use path in any phase of planning, development or design, or if required by the City.
(2)
Construction standards.
(a)
All off-street shared-use paths shall be a minimum of 10 feet in width for two-way traffic and shall comply with the Americans with Disabilities Act. Shared-use paths shall be constructed according to the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans. Gradients for bikeways and shared-use paths should not exceed 5% except for short distances, and shall not exceed 8% without exception. Minimum dedicated bikeway and shared-use path right-of-way shall be 20 feet.
(b)
Shared-use paths shall be constructed of Portland cement concrete (PCC) utilizing an NDOT 47B mix design with Type 1PF cement with no less than a minimum compressive strength of 3,500 pounds per square inch (psi) at 28 days with a minimum thickness of six inches to support vehicles used for snow removal.
(3)
Shared-use paths may satisfy part of the requirements of this chapter for sidewalks or open space.
(4)
All residential streets shall utilize bicycle-safe drainage grates at storm sewer inlets.
F.
Driveways.
(1)
Residential driveways shall be a maximum of 32 feet in width measured at the outer limit of the right-of-way. Residential driveways shall have a flare on both sides of the driveway, beginning at the front of the sidewalk and extending to the back of the curb or edge of cartway pavement when no curbs are constructed. Each flare shall have a width of four feet as measured at the back of the curb or edge of cartway pavement.
(a)
The maximum curb cut for a residential driveway shall be 40 feet in length.
(b)
There shall be a minimum 15 feet of separation from the edge of a driveway throat to edge of the adjacent driveway throat.
(c)
Exceptions to the maximum width and associated curb cut may be granted with the unanimous consent of the reviewing agencies.
(2)
Driveways shall be paved from the outer limit of the right-of-way to the back of the curb or edge of cartway pavement with Portland cement concrete (PCC) utilizing an NDOT 47B mix design with Type 1PF cement with no less than a minimum compressive strength of 3,500 pounds per square inch (psi) at 28 days with a minimum thickness of six inches. The thickness standard is minimum actual thickness and not nominal.
(3)
Driveways shall slope toward the adjacent cartway and shall achieve a rise in grade of no less than six inches from the flow line of the gutter.
G.
Alleys.
(1)
Alleys are prohibited outside of planned unit development (PUD) or traditional neighborhood development (TND) subdivisions. Alleys for PUD and TND developments may be approved with the unanimous consent of the reviewing agencies.
(2)
Where approved, alleys shall be paved with Portland cement concrete (PCC) utilizing an NDOT 47B mix design with Type 1PF cement with no less than a minimum compressive strength of 3,500 pounds per square inch (psi) at 28 days with a minimum thickness of six inches and shall have a minimum width of 14 feet. The thickness standard is minimum actual thickness and not nominal.
H.
Right-of-way.
(1)
Measurement. The right-of-way of a street shall be measured from lot line to lot line, and shall be wide enough to contain the cartway, curbs or shoulder, sidewalks and sidewalk setbacks, other necessary graded areas, and utilities.
(2)
Any right-of-way that continues an existing street shall be no less than that of the existing street.
(3)
The requirements for rights-of-way for functional categories of roads is set forth in Table 40B.
(4)
Dedications. Dedications of rights-of-way for collector, community, or arterial streets shall be made consistent with the Seward Comprehensive Plan.
I.
Street design standards.
(1)
Pavement.
(a)
All streets shall be paved in accordance with the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans. All streets shall be paved with either Portland cement concrete (PCC) or a 2-1/2-inch-think asphaltic concrete (AC) surface layer over a PCC base. Exceptions to hard surface pavement requirements are limited to the following:
[1]
Local and collector streets in rural subdivisions may utilize a gravel or crushed rock surface subject to submission of a petition by the platting owners binding themselves and all succeeding property owners to agree that all urban circulation system design requirements would be completed and paid for by a special assessment project if the subdivision were annexed by the City. Such petition shall waive any required resolution of necessity, any applicable limitations of the amount that could be assessed against subdivision property owners, including intersection costs, and other costs normally paid by the City in special assessment projects. Gravel roads shall be constructed with a surface course and a base foundation course graded to a 4% crown (1/2 inch for every foot of width) for proper drainage. Gravel used in paving rural roads shall meet the gradation requirements listed in the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans. The width of gravel from shoulder point to shoulder point shall equal the urban cartway width with curbs to enable future hard pavement without widening the sub-base. If hardsurfaced at the time of development, streets in rural subdivisions shall follow the requirements provided herein to enable upgrade to urban design standards without complete reconstruction of the circulation system.
(b)
Street pavement thickness shall relate to the role of the street in the hierarchy, subgrade conditions, and pavement type. Pavement thickness requirements are set forth in Table 40C. The thickness standard is minimum actual thickness and not nominal.
(c)
Cartways shall be paved with Portland cement concrete (PCC) utilizing a NDOT 47B mix design with Type 1PF cement with no less than a minimum compressive strength of 3,500 pounds per square inch (psi) at 28 days.
(d)
Pavements shall be allowed to cure for a minimum of seven days and meet a compressive strength of 3,500 psi prior to any vehicular loading, including construction vehicles and equipment.
(2)
Cartway cross-section.
(a)
Except at intersections, cartway paving shall be designed with the top of curbs level from one side to the other.
(b)
All paved cartway surfaces shall have a transverse slope (i.e., crown) of 2% from the center line to each gutter line. Where medians are present, the transverse slope shall be 2% from the face of the median curb to the gutter line. Where allowed, all unpaved cartway surfaces shall have a transverse slope of 4%.
(c)
On urban streets, the transverse slope from the top of the sidewalk to the top of the curb shall be a minimum of 2% (one inch in four feet) in the direction of the curb. Exceptions may be granted where drainage must be directed away from the curb by unanimous consent of the reviewing agencies. In such areas, the transverse slope away from the top of the curb shall not exceed 2%.
(d)
Minimum travel lane widths are set forth in Table 40D.
(e)
Cartways shall conform to the typical urban and rural cross sections provided in the Seward Standard Plans.
(3)
Horizontal alignment.
(a)
All changes in horizontal alignment shall be connected by circular curves. Minimum center-line radii are set forth in Table 40D.
(b)
A straight-line tangent having a minimum length of 100 feet shall be provided between adjacent noncompound horizontal curves where the sum of the curve radii is less than 600 feet.
(4)
Street grades and vertical alignment.
(a)
Maximum permitted longitudinal grades are set forth in Table 40E. In typical circumstances, the minimum permitted longitudinal gradient shall be 1.0%. In exceptional circumstances, the City Engineer may permit gradients of less than 1.0%; however, under no circumstances shall the gradient be less than 0.4%.
(b)
Approach grades at intersections shall not exceed 3.0%. Longitudinal grades at intersections shall be as close to 1.0% as possible, but under no circumstances shall the gradient be less than 0.4%.
(c)
Changes in longitudinal grades shall be designed using parabolic vertical curves. Where the algebraic difference between two grades expressed as a percent is less than 1.0%, no curve is required. The minimum length of vertical curves necessary to provide adequate safe stopping sight distance shall be determined using the following formula:
L = K x A |
Where: | ||
L | = | Minimum length of curve as measured in a horizontal plane. |
K | = | A measure of curvature, values of which are set forth in Table 40D. |
A | = | The algebraic difference between the grades of tangents to the curve, expressed as a percent. |
(d)
In subdivisions that abut minor and major arterials which have not yet been improved to arterial standards, grades at intersections and abutting property grading shall be designed to accommodate the future grades of the arterial street.
(5)
Street intersections.
(a)
Unobstructed sight distances shall be provided at all street intersections and alley intersections for vehicular and pedestrian safety. Fences, walls, plantings or other obstructions greater than 24 inches in height above grade shall not be placed in the sight triangle established in Figures 40.1 through 40.5, with the exception of traffic control devices, light poles, railroad signals, parking meters, mailboxes mounted on posts no greater than four inches by four inches, and chain-link fences free of shrubbery, vines, or other visual obstructions.
(b)
Streets shall intersect at right angles (90°), unless limited by topography, existing street alignments, or other clearly defined constraints. In exceptional circumstances, the City Engineer may permit angles of intersecting streets different than 90°, but in such circumstances shall intersect as nearly as possible to right angles. Under no circumstances shall the angle of intersection deviate from right angles by more than 10° (i.e., 80° to 100°).
(c)
Only two streets shall intersect at a single intersection. Exceptions may be granted within traditional neighborhood development (TND) or planned unit development (PUD) subdivisions by unanimous consent of the reviewing agencies.
(d)
Local streets shall minimize intersections with major arterials. Intersections of all street types with major arterial streets shall not occur at intervals of less than 1,100 feet.
(e)
New intersections along one side of an existing or proposed street shall align with intersections on the other side of the street.
(f)
Offsets between adjacent intersections shall measure a minimum of 150 feet between center lines. The use of T-intersections is encouraged on local streets within the interior of a subdivision.
(g)
Minimum curb radii at intersections are set forth in Table 40B.
(h)
Where a curvilinear street intersects another street, a straight tangent section shall be required at the approach to the intersection. The length of this straight tangent section is dependent upon the radius of curvature. The minimum straight tangent lengths are set forth in Table 40F.
(6)
Roundabouts.
(a)
Roundabout intersections are generally used in residential districts as traffic calming devices, to improve safety by reducing conflict points, to reduce delay and accommodate capacity while avoiding signal or stop sign control, and for aesthetic purposes.
(b)
All roundabouts shall be designed and constructed in accordance with the City of Seward Standard Specifications for Municipal Construction and on details shown on the Seward Standard Plans.
(c)
Abutting properties shall not be permitted direct access to the roundabout. The center line of driveways shall be no closer than 100 feet to the inscribed circle diameter. Mailboxes shall not be installed within 40 feet from the nose of the splitter island.
(d)
Successive roundabouts shall be a minimum of 900 feet apart as measured from center to center.
(e)
Differential design speed of the various geometric elements of a roundabout shall be minimized.
(f)
The design vehicle for all roundabouts shall not be smaller than WB-40. The design vehicle for roundabouts on collector and arterial streets shall not be smaller than WB-50. The reviewing agencies may require roundabouts to accommodate larger design vehicles based on the projected traffic.
(g)
The center line of all approach legs shall pass through the center of the inscribed circle. In exceptional circumstances, a slight offset of an approach leg alignment to the left of the inscribed circle center may be granted by the City Engineer for the purposes of enhancing the entry curvature to improve flow. Under no circumstances shall the alignment of an approach leg be offset to the right.
(h)
For roundabouts with four or five approach legs, the angles between approach legs shall be equal (90° for four approach legs, 72° for five approach legs), unless limited by topography, existing street alignments, or other clearly defined constraints. In exceptional circumstances, the City Engineer may permit unequal angles between approach legs, but in such circumstances shall be as equal as possible. Under no circumstances shall the angle between any two adjacent approach legs be less than 70°.
(i)
The inscribed circle of single-lane roundabouts shall have a minimum diameter of 110 feet. The inscribed circle of dual-lane roundabouts shall have a minimum diameter of 150 feet.
(j)
The entry width for single-lane roundabouts shall be a minimum of 14 feet. The difference in width between the travel lane of the approaching street and the roundabout entry shall be accomplished with a flare. The start of the flare shall be a minimum of 80 feet before the point perpendicular to the junction of the entry curve and the circulatory roadway.
(k)
Single-lane roundabouts shall have a minimum circulatory lane width of 14 feet. Dual-lane roundabouts shall have a minimum circulatory lane width of 32 feet.
(l)
Concrete curbs shall be installed on both sides of the approach legs, along the entire outer circle and inner circle, and completely around all splitter islands. The inside circle, outer circle, and splitter islands shall each have a truck apron of a minimum width of four feet behind a mountable curb.
(m)
Obstructions are prohibited within the sight triangles developed for the stopping and intersection sight distances to the crosswalk on approach, to the yield line on approach, the circulatory lanes, and to the crosswalk on exit. Stopping sight distances shall be measured along the travel lane curvature. Sight lines shall be straight.
(n)
The public right-of-way shall extend no less than 17 feet from the outside curb of the roundabout.
(o)
Pedestrian crossings shall be provided at each approach leg to complete the pedestrian circulation system. The approach sidewalk pavement width shall be eight feet and shall be located directly across from and align with the pedestrian walkway in the splitter island.
(p)
The splitter island shall be a minimum of 50 feet in length. Where pedestrian crossings are provided, the island shall be subdivided into two islands separated by a ten-foot-wide pedestrian walkway a minimum of 25 feet from the inscribed circle. The pedestrian walkway shall match the street pavement elevation to avoid a ramp, shall include a transverse slope of 2.0% (one inch in four feet) in both directions from the center line of the island, and shall include an ADA-compliant detectable warning panel on both match lines with the street pavement.
(q)
Where a curvilinear street intersects a roundabout, a straight tangent section shall be required at the approach to the intersection. The length of this straight tangent section is dependent upon the radius of curvature. The minimum straight tangent lengths are set forth in Table 40F.
(r)
Parking shall be prohibited within the roundabout and within all approach legs. Parking shall be not intersect the stopping sight area developed from the approach sight distance. Parking shall not encroach on the approach or exit travel lanes. Under no circumstances shall parking be permitted within 20 feet from the nose of the splitter island.
(s)
Landscaping is prohibited on the splitter islands of single-lane roundabouts. Landscaping on splitter islands for dual-lane roundabouts shall not interfere with stopping or intersection sight distances and is prohibited from areas within the sight triangles.
(t)
The center island shall be landscaped using approved plant materials and shall include three deciduous and two evergreen trees of an approved species with a minimum caliper size of two inches. Trees shall have a mature width that does not exceed 25 feet. Deciduous tree selection shall be derived from the list of approved street tree species, and evergreen tree selection shall be derived from the list of approved business park tree species, both lists maintained by the City Tree Board. Landscape maintenance and replacement shall be the responsibility of the abutting property owners, a homeowners' association, or other private entity. A landscape plan shall be submitted for approval by the reviewing agencies. All landscape materials to complete the approved landscape plan shall be installed within one calendar year from the completion of paving of the roundabout.
[1]
All areas of the center island within the sight triangles shall be landscaped with low-growing, mowable turf grass. All landscaping within six feet of the center island curb shall be low-growing, mowable turf grass. Areas within the perimeter established rotating the tangents of the intersection sight triangles are not subject to sight distance requirements.
[2]
Center islands shall be provided with an irrigation system.
(7)
Block size.
(a)
The length, widths, and shapes of blocks shall be suited to the proposed land use and design of the proposed subdivision. Blocks within urban subdivisions shall not exceed 600 feet in length, unless necessitated by exceptional topography or other demonstrable constraints. Blocks within rural subdivisions shall not exceed 1,320 feet. Exceptions to the length requirement shall be approved with the unanimous consent of the reviewing agencies.
(b)
Blocks without an outlet greater than 150 feet require a turnaround in the form of a cul-de-sac or temporary turnaround as measured from the point of intersection to the edge of pavement.
(8)
Culs-de-sac.
(a)
Cul-de-sac streets designed to have one end permanently closed shall not exceed 600 feet in length and shall be designed so that vision from entrance to end is not restricted. A longer length is permissible within conservation developments or in the case of unconventional developments, such as golf course subdivisions. Exceptions to the length requirement shall be approved with the unanimous consent of the reviewing agencies.
(b)
The closed end of a cul-de-sac shall have a turnaround of sufficient diameter to accommodate the turning radii of a WB-40 design vehicle. Minimum diameters are set forth in Table 40B. This diameter may be increased by the reviewing agencies if deemed necessary in the case of a commercial or industrial subdivision. In very low density subdivisions, the reviewing agencies may allow the use of hammerhead designs or other nonstandard designs.
(c)
Culs-de-sac shall not intersect a major or minor arterial.
(9)
Specific design standards are established by the City of Seward's Subdivision Design Manual and the Seward Standard Plans.
J.
Cartway access.
(1)
Local streets. Each parcel shall be allowed one private driveway onto the adjacent local street. There shall be a minimum 15 feet of separation from the edge of a driveway throat to edge of the adjacent driveway throat.
(2)
Collector streets. Each parcel shall be allowed one private driveway onto the adjacent collector street. There shall be a minimum 50 feet of separation between the center lines of two adjacent driveways.
(3)
Minor arterial streets. Each parcel shall be allowed one private driveway onto the adjacent local street. There shall be a minimum 100 feet of separation between the center lines of two adjacent driveways.
(4)
Major arterial streets. Driveways or access from adjacent properties shall not be allowed onto the adjacent major arterial street.
(5)
Roundabouts. The center line of driveways shall be no closer than 100 feet to the inscribed circle diameter of the roundabout.
(6)
Highways. All access to an adjacent state highway shall be controlled by the Nebraska Department of Transportation (NDOT).
(7)
Exceptions to the access requirements for local, collector, and arterial streets shall be approved with the unanimous consent of the reviewing agencies.
K.
Horizontal clear zone.
(1)
Cartways shall have a horizontal clear zone free of nonshielded obstacles. Exceptions include traffic control devices, railroad signals, railroad tracks, bridges and bridge rails, ditches, drainage inlets, drainage flumes, culverts, driveways, intersections, bikeways and shared-use paths, earth dikes, curbs, raised islands, guardrails, median barriers, crash cushions, concrete barriers, barrier curb, parking meters, and mailboxes. Roadway light poles in the horizontal clear zone shall have frangible bases to provide a breakaway feature.
(2)
Minimum lateral obstacle clearance for curbed sections shall be two feet as measured from the back of the curb to the face of the obstacle or six feet as measured from the edge of the traveled way to the face of the obstacle, whichever is greater.
(3)
Minimum lateral obstacle clearance for noncurbed sections shall be eight feet as measured from the edge of the traveled way to the face of the obstacle.
§ 410-40.4 Utilities.
A.
Electric.
(1)
Electric power lines shall be provided by underground wiring within easements or public rights-of-way, except where, in the opinion of the reviewing agencies, such location is not feasible. Poles for permitted overhead lines shall be placed in rear lot line easements; or in other locations designed to reduce their visual impact.
(2)
New lots adjacent to existing overhead service may utilize that service; however, new local service connections shall be underground.
B.
Communications.
(1)
All telephone, television, copper wire, coaxial cable, fiber-optic cable and other communication lines shall be provided by underground wiring within easements or public rights-of-way, except where, in the opinion of the reviewing agencies, such location is not feasible. Poles for permitted overhead lines shall be placed in rear lot line easements; or in other locations designed to reduce their visual impact.
(2)
New lots adjacent to existing overhead service may utilize that service; however, new local service connections shall be underground.
C.
Sanitary sewers. Sanitary sewer lines shall be aligned with the center line of the cartway, except where, in the opinion of the reviewing agencies, such location is not feasible. Sanitary manhole covers shall be aligned with the crown of the road.
§ 410-40.5 Street trees.
[Amended 8-17-2021 by Ord. No. 2021-18]
A.
For all lots abutting the public right-of-way, one tree of an approved species with a minimum caliper size of two inches shall be planted and maintained for each 150 feet of lot frontage and, if applicable, for each 150 feet of lot sideage, with a minimum of one tree per lot on the frontage and, if applicable, a minimum of one tree per lot on the sideage. Existing trees approved by the City of Seward Tree Board for preservation shall be counted toward satisfaction of this requirement.
B.
Street tree selection shall be derived from the list of approved street tree species maintained by the City of Seward Tree Board.
C.
Street trees shall be planted between the back of the curb and the front of the sidewalk. If the distance between the back of curb and front of sidewalk is less than six feet, the street tree shall be planted between the back of the sidewalk and the edge of the public right-of-way, provided that the distance between the two is a minimum of five feet. Street trees shall not be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility line, wire or main. Street trees shall not be planted within 10 feet of any fire hydrant and 20 feet of any streetlight.
D.
Prior to the planting of street trees, any person desiring to plant street trees shall first file an application and site plan with the Street Superintendent. The application shall be in writing on a form to be furnished by the Street Superintendent. Each application shall state the species of tree to be planted, the quantity of each species, and the location of each tree. Each application shall be reviewed and approved by the reviewing agencies.
E.
Exceptions to the street tree requirement may be granted only if no site can be found along the entire length of the lot frontage and, if applicable, also along the entire length of the lot sideage. Exceptions shall be approved with the unanimous consent of the reviewing agencies.
§ 410-40.6 Tables.
Table 40A Street Hierarchy | |||
|---|---|---|---|
Street Type | Function | Guideline Minimum Design Speed1, 2 (mph) | Guideline Maximum ADT3 |
Lane or Court | Street providing access to no more than 12 housing units | 25 | 120 to 150 |
Cul-de-sac | A turning area provided at the closed end of a street opened at one end only | 25 | 120 to 150 |
Local | Provides frontage to lots and carries traffic with origin or destination on street itself. Carries least traffic at lowest speed. East-west orientation provides best solar access. Local residential streets usually do not interconnect with adjoining neighborhoods or subdivisions | 30 | 250 to 1,000 |
Boulevard | A type of arterial road with special features and limitations, commonly divided with a wide planted median, typically with limited access to local streets and without access to driveways. | 35 | 1,000 to 2,500 |
Collector | Conducts and distributes traffic between local streets and major streets in the community. Carries larger volume of traffic. Residential collectors interconnect and provide through access between residential neighborhoods. Collector streets should preserve one through traffic lane in each direction, without encroachment by parking. Collectors may be included in the City's surface transportation program system for federal aid. | 35 | 1,000 to 2,500 |
Frontage | A street that generally runs parallel to a controlled-access arterial and provides access to individual properties along its length | 35 | 1,000 to 2,500 |
Minor Arterial | Provides community-wide access between residential neighborhoods and to other activity centers in Seward, including downtown and major commercial facilities. Direct access may be provided to other arterial streets. Parking should generally be prohibited on other arterials. Other arterials should be excluded from residential areas. These streets are part of the surface transportation program system for federal aid. | 40 | 2,500 to 7,500 |
Major Arterial | Inter-regional road in the street hierarchy. Conveys traffic between activity centers, often at high speeds and with limited access. Should be excluded from residential areas. These streets are part of the surface transportation program system for federal aid. | 40 | 2,500 to 7,500 |
Notes: | |
1. | Minimum design speed subject to modification by the City based on anticipated traffic patterns, pedestrian interactions, and other uses. |
2. | The design speed generally exceeds the posted speed by a minimum of 5 miles per hour (mph). |
3. | ADT = average daily traffic. |
Table 40B Street Design Standards | |||||||
|---|---|---|---|---|---|---|---|
Classification | Zoning | Street Type | Cartway Width (feet) | Curb (feet) | Minimum Curb Radius (feet) | Sidewalk | Minimum ROW Width (feet) |
Urban | |||||||
Residential | Lane or court | 25 | Not required | 20 | Not required | 50 | |
Cul-de-sac | 86 diameter | Required | 60 | Required | 120 diameter | ||
Local | 28 | Required | 25 | Required | 66 | ||
Boulevard (divided) | 48 | Required | 25 | Required | 76 | ||
Boulevard (undivided) | 32 | Required | 25 | Required | 66 | ||
Collector | 32 | Required | 30 | Required | 66 | ||
Industrial/Commercial | Cul-de-sac, no parking | 100 diameter | Required | 60 | Required | 122 diameter | |
Cul-de-sac, with parking | 110 diameter | Required | 60 | Required | 122 diameter | ||
Local, no parking | 32 | Required | 30 | Required | 66 | ||
Local, with parking | 38 | Required | 30 | Required | 66 | ||
Boulevard (divided) | 54 | Required | 35 | Required | 82 | ||
Boulevard (undivided) | 36 | Required | 35 | Required | 66 | ||
Collector | 32 | Required | 35 | Required | 66 | ||
Frontage | 32 | Required | 35 | Required | 60 | ||
All | Minor arterial | 38 | Required | 35 | Required | 66 to 80 | |
Major arterial | 38 | Required | 35 | Required | 66 to 80 | ||
Rural | Agricultural or Rural Residential | Local | 24 | Not required | 29 | Not required | 66 |
Collector | 28 | Not required | 34 | Not required | 66 | ||
Frontage | 28 | Not required | 34 | Not required | 60 | ||
Arterial | 28 | Not required | 34 | Not required | 66 | ||
Rural | Agricultural or Rural Residential | Local - gravel | 28 | Not required | 29 | Not required | 66 |
Collector - gravel | 32 | Not required | 34 | Not required | 66 | ||
Notes: | |
1. | ROW - public right-of-way. |
2. | Width of gravel surface, measured from the point of shoulder to point of shoulder. |
Table 40C Street Pavement Thickness Requirements | |||||
|---|---|---|---|---|---|
Classification | Zoning | Street Type | Minimum PCC1 Pavement Thickness (inches) | Minimum AC2 Class 13 Pavement Thickness (inches) | Minimum Gravel Thickness4 (inches) |
Urban | |||||
Residential | Lane or court | 6 | 5 | Not allowed | |
Cul-de-sac | 7 | 5 | Not allowed | ||
Local | 7 | 5 | Not allowed | ||
Boulevard (divided) | 7 | 6 1/2 | Not allowed | ||
Boulevard (undivided) | 7 | 6 1/2 | Not allowed | ||
Collector | 7 | 6 1/2 | Not allowed | ||
Industrial/Commercial | Cul-de-sac | 7 | 7 1/2 | Not allowed | |
Local | 7 | 7 1/2 | Not allowed | ||
Boulevard (divided) | 7 | 7 1/2 | Not allowed | ||
Boulevard (undivided) | 7 | 7 1/2 | Not allowed | ||
Collector | 7 | 8 1/2 | Not allowed | ||
Frontage | 7 | 6 1/2 | Not allowed | ||
All | Minor arterial | 8 | 7 1/2 | Not allowed | |
Major arterial | 8 | 7 1/2 | Not allowed | ||
Rural | |||||
Agricultural or Rural Residential | Local | 7 | 5 | 6 | |
Collector | 7 | 6 1/2 | 7 | ||
Frontage | 7 | 6 1/2 | 7 | ||
Arterial | 8 | 7 1/2 | 9 | ||
Notes: | |
1. | PCC = Portland cement concrete. |
2. | AC = Asphaltic Concrete. |
3. | Asphaltic Concrete Pavement Class 1 consists of a 2 1/2 inches AC surface course atop a PCC base course. |
4. | Gravel surfaced rural roads consist of a three-inch surface course above a base foundation course. |
Table 40D Standards for Horizontal and Vertical Alignment | |||||||
|---|---|---|---|---|---|---|---|
Classification | Zoning | Street Type | Minimum Lane Number and Width (feet) | Minimum Horizontal Curve Radius (feet) | Minimum Stopping Sight Distance (feet) | Design K Value2 | |
Crest (feet) | Sag (feet) | ||||||
Urban | |||||||
Residential | Lane or court | Two 10-foot | 150 | 150 | 20 | 30 | |
Cul-de-sac | Two 11-foot | N/A | N/A | N/A | N/A | ||
Local | Two 11-foot | 205 | 155 | 20 | 30 | ||
Boulevard (divided) | Two 10-foot | 420 | 150 | 40 | 45 | ||
Boulevard (undivided) | Two 10-foot | 420 | 150 | 40 | 45 | ||
Collector | Two 12-foot | 420 | 250 | 40 | 45 | ||
Industrial/Commercial | Cul-de-sac | Two 12-foot | N/A | N/A | N/A | N/A | |
Local | Two 12-foot | 300 | 200 | 20 | 30 | ||
Boulevard (divided) | Two 12-foot | 420 | 250 | 40 | 45 | ||
Boulevard (undivided) | Two 12-foot | 420 | 250 | 40 | 45 | ||
Collector | Two 12-foot | 420 | 250 | 40 | 45 | ||
Frontage | Two 12-foot | 420 | 250 | 40 | 45 | ||
All | Minor arterial | Two 12-foot | 565 | 305 | 60 | 55 | |
Major arterial | Two 12-foot | 730 | 360 | 80 | 68 | ||
Rural | |||||||
Agricultural or Rural Residential | Local | Two 10-foot | 205 | 150 | 20 | 30 | |
Collector | Two 11-foot | 300 | 250 | 40 | 45 | ||
Frontage | Two 11-foot | 300 | 250 | 40 | 45 | ||
Arterial | Two 11-foot | 730 | 350 | 80 | 68 | ||
Notes: | |
1. | Longitudinal grade at the cartway centerline. |
2. | K = A measure of curvature. See § 410-40.3I(4)(c). |
Table 40E Standards for Longitudinal Grades | |||||
|---|---|---|---|---|---|
Classification | Zoning | Street Type | Maximum Grade1 > 130 feet from Intersection (ft/ft, %) | Maximum Grade1 < 130 feet from Intersection (ft/ft, %) | Maximum Grade1 < 70 feet from Intersection (ft/ft, %) |
Urban | |||||
Residential | Lane or court | 10% | 10% | 3% | |
Cul-de-sac | 8% | 8% | 3% | ||
Local | 8% | 8% | 3% | ||
Boulevard (divided) | 8% | 8% | 3% | ||
Boulevard (undivided) | 8% | 8% | 3% | ||
Collector | 8% | 8% | 3% | ||
Industrial/Commercial | Cul-de-sac | 8% | 8% | 3% | |
Local | 8% | 8% | 3% | ||
Boulevard (divided) | 8% | 8% | 3% | ||
Boulevard (undivided) | 8% | 8% | 3% | ||
Collector | 7% | 7% | 3% | ||
Frontage | 7% | 7% | 3% | ||
All | Minor arterial | 6% | 3% | 3% | |
Major arterial | 6% | 3% | 3% | ||
Rural | |||||
Agricultural or Rural Residential | Local | 8% | 8% | 3% | |
Collector | 7% | 7% | 3% | ||
Frontage | 7% | 7% | 3% | ||
Arterial | 6% | 3% | 3% | ||
Notes: | |
3. | Longitudinal grade at the cartway centerline. |
Table 40F Standards for Intersections and Roundabouts on Curvilinear Streets | |
|---|---|
Center-line Radius (feet) | Minimum Tangent Length (feet) |
<150 | 100 |
<175 | 90 |
<200 | 80 |
<225 | 75 |
<250 | 70 |
<275 | 65 |
<300 | 60 |
<350 | 50 |
<400 | 20 |
>400 | No tangent required |
§ 410-40.7 Figures.
VISUAL SIGHT TRIANGLES AT THE INTERSECTION OF STREETS |
 |
 |
VISUAL SIGHT TRIANGLES AT THE INTERSECTION OF ALLEYS AND STREETS |
 |
 |
 |
§ 410-41.1 Purpose.
The purpose of this article is to assure that all subdivisions developed in the City of Seward and its jurisdiction are adequately furnished with necessary public services. These services include adequate water, wastewater management, and stormwater drainage utilities; and park and open space resources.
§ 410-41.2 Water. [1]
A.
Connection.
(1)
All installations shall be properly connected to an approved and functioning community water system, constructed in conformance with the applicable design standards of the City.
(2)
All residential subdivisions inside of the corporate limits of Seward shall be connected to an existing public water supply system if such a system is available within 300 feet of the subdivision.
(3)
Developments with more than 15 units and located within 0.5 mile of an existing public water system must provide adequate justification as to why they are unable to connect to such a system. For developments with more than 15 units and located more than 0.5 mile from a public water supply, the water supply strategy shall be considered by the approving authorities on a case-by-case basis.
(4)
In a preexisting subdivision that is served by well and/or septic systems that would otherwise require connection under the provisions of this section, the Board of Adjustment may grant permission to build on previously undeveloped lots of record, subject to compliance with Title 124 of the Nebraska Administrative Code, satisfactory percolation tests reviewed by the Public Works Superintendent, and other applicable requirements.
(5)
All proposals for new water supplies, extensions, or main installation shall be approved by the City of Seward.
B.
Capacity.
(1)
The water supply system shall be adequate to handle the necessary flow, based on complete development of the subdivision.
(2)
The demand rates for all uses, including emergency fire demand, shall be included in the computation of total water demand.
(4)
Hydrants shall be spaced for necessary fire flow and provided with adequate means of drainage as approved by the Public Works Superintendent and Fire Chief. All mains serving hydrants shall be at least eight inches in diameter, should be looping mains, and should have appropriate state approvals. All fire hydrant leads shall be a minimum of six inches in diameter.
(5)
Installation of water systems shall conform to current design standards in use within the City of Seward, as set forth by the Subdivision Design Manual.
(6)
A certification from a registered professional engineer shall be filed with the City of Seward certifying that the water supply system of the subdivision is designed and constructed in accordance with the requirements of this section; and all applicable standards of the State of Nebraska. This certification shall be affixed to an accurate set of "as-built" system plans. The subdivision's engineer shall furnish five sets of as-built drawings and one electronic file compatible with the current version of AutoCAD®.
(7)
All state requirements shall be met and approvals from the Department of Health and Human Services Regulations and Licensure Division shall be obtained for all water systems.
C.
Private or community well systems. If the development does not meet the required criteria for connection to a public water system or for reasons of topography, economic feasibility, or other special condition proposes water service by a community and/or private well, the developer shall request a variance according to the following provisions:
(1)
The developer shall submit with the preliminary plat application an economic feasibility study report and an environmental impact study report, prepared by a professional engineer, which document the cost of providing City water service to the subdivision versus the cost of the proposed well system.
(2)
If a well system is approved by the City with the preliminary plat approval, the system shall be designed and built in accordance with regulations of the Public Works Superintendent and the Nebraska Department of Health and Human Services Regulations and Licensure Division. Both agencies shall approve its construction before the City issues certificates of occupancy for any buildings in the subdivision.
(3)
If a public water supply system is proposed to be provided to an area within a ten-year period from the time of platting, as indicated in an officially adopted document of the City or other authorized agency, the City may require installation of a capped system or dry lines. Alternately, the City may require a payment in lieu of the improvement, to be credited toward the extension and connection of the subdivision to a future public water supply.
(4)
City approval to install a community and/or private well system shall be allowed, subject to the following additional provisions:
(a)
The system, including all distribution lines, hydrants, valves, and appurtenances, shall conform to current design standards in use within the City of Seward and shall remain the property of the developer and/or homeowners' association.
(b)
The developer and all successive lot owners shall agree to connect to the City water system if installed to the subdivision. Such connection shall not be required for 10 years after the date of construction of the initial well system.
(c)
With connection to the City water system, all existing lot owners shall be required to disconnect from and abandon the preexisting well system in conformance with all local and state standards and shall share equally in the cost of such disconnection. Disconnection and abandonment shall be completed within six months after connection to the City water system.
§ 410-41.3 Sanitary sewers. [1]
A.
Connection.
(1)
All installations shall be properly connected to an approved and functioning sanitary sewer system prior to issuance of a certificate of occupancy.
(2)
All residential subdivisions inside of the corporate limits of Seward shall be connected to an existing public sanitary sewer system if such a system is available within 300 feet of the subdivision.
(a)
Developments with more than 15 units and located within 0.5 mile of an existing public sanitary sewer system must provide adequate justification as to why they are unable to connect to such a system. For developments with more than 15 units and located more than 0.5 mile from a public sanitary sewer system, the waste disposal strategy shall be considered by the approving authorities on a case-by-case basis.
(b)
In a preexisting subdivision that is served by well and/or septic systems that would otherwise require connection under the provisions of this section, the Board of Adjustment may grant permission to build on previously undeveloped lots of record, subject to compliance with Title 124 of the Nebraska Administrative Code, satisfactory percolation tests reviewed by the Public Works Superintendent, and other applicable requirements.
(3)
If the City creates a benefit fund for the purpose of financing public extensions of sanitary interceptor sewers to newly developing areas, each subdivision to be benefited by such extensions shall contribute to such a fund. Subdivisions within the City limits of Seward at the time of platting, or subdivisions currently served by existing sanitary sewer service, shall be exempt from this requirement. Contributions to the fund shall be computed on the basis of proportionate costs and benefits of necessary extensions. Assessments shall be made on a per-lot basis for single-family development; a per-unit basis for multifamily residential development; and a site-area basis for nonresidential development.
(4)
All proposals for new public sanitary sewer systems or extensions of existing systems shall be approved by appropriate public agencies.
(5)
All state requirements shall be met and approvals from the Department of Environmental Quality or other appropriate state agencies shall be obtained for all wastewater disposal systems.
B.
Capacity.
(1)
The sanitary sewer system shall be adequate to handle the necessary flow, based on complete development of the subdivision, including peak flows.
(2)
Installation of sanitary sewer systems shall conform to current design standards in use within the City of Seward as set forth by the Subdivision Design Manual.
(3)
A certification from a registered professional engineer shall be filed with the City of Seward certifying that the sanitary sewer system of the subdivision is designed and constructed in accordance with the requirements of this section; and all applicable standards of the State of Nebraska. This certification shall be affixed to an accurate set of "as-built" system plans. The subdivision's engineer shall furnish five sets of as-built drawings and one electronic file compatible with the current version of AutoCAD®.
C.
Private wastewater disposal systems. If the development does not meet the required criteria for connection to a public sanitary sewer system and gravity sewer service connections, or if, for reasons of topography, economic feasibility, or other special conditions, the developer proposes service by a private wastewater disposal system, the developer shall request a variance according the following provisions:
(1)
Subsurface or septic systems are not permissible on any lot created after the effective date of this chapter if the gross density of the subdivision is higher than one unit per 70,000 square feet; if individual lots are smaller than one acre; or in any urban subdivision.
(2)
The developer shall submit with the preliminary plat application an economic feasibility study report and an environmental impact study report, prepared by a professional engineer, which document the cost of providing City sewer service to the subdivision versus the cost of the proposed private disposal system.
(3)
The preliminary and final plat shall indicate the envelope for home sites on each lot. Percolation tests must be done on areas outside the envelopes of home sites. The preliminary plat application shall also show the location of wells and septic fields for each lot and/or for the subdivision as a whole, and shall submit percolation tests for each lot, taken at the proposed adsorption field sites to determine the size of the field required for each lot.
(4)
The City shall consider all these submittals in determining whether to permit installation of private wastewater disposal systems for the subdivision.
(5)
If a private wastewater disposal system is approved by the City with the preliminary plat approval, the system shall be designed and built in accordance with regulations of the Nebraska Department of Environmental Quality and the City of Seward's Subdivision Design Manual. The developer's professional engineer shall furnish the City with five certified copies of as-built plans and one electronic copy compatible with AutoCAD® showing service line locations and final sewer and maintenance access locations, lengths, elevations, and grades.
(6)
If a sanitary sewer system is to be provided to an area within a ten-year period, as indicated in an officially adopted document of the City, the county, or other authorized agency, the City may require installation of a capped system or dry lines. Alternately, the City may require a payment in lieu of the improvement, to be credited toward the extension to the subdivision of a future sanitary sewer system.[2]
(7)
City approval to install a community and/or private wastewater disposal system shall be allowed, subject to the following additional provisions:
(a)
The system, including all sewer mains and appurtenances, shall conform to current design standards in use within the City of Seward and shall remain the property of the developer and/or homeowners' Association.
(b)
The developer and all successive lot owners shall agree to connect to the City sanitary sewer system if installed to the corner of their lot. Such connection shall not be required for 10 years after the date of construction of the initial wastewater system.
(c)
With connection to the City sanitary sewer system, all existing lot owners shall be required to disconnect from and abandon the preexisting well system in conformance with all local and state standards and shall share equally in the cost of such disconnection. Disconnection and abandonment shall be completed within six months after connection to the City sewer system.
§ 410-41.4 Stormwater management.
A.
Design.
(2)
The design of the stormwater management system shall be consistent with general and specific concerns and standards of the Comprehensive Development Plan and the drainage control programs of applicable public agencies. Design shall be based on environmentally sound site planning and engineering techniques and the City of Seward Stormwater Design Standards.
(3)
To the maximum degree possible, drainage from subdivisions shall conform to natural contours of land and not disturb preexisting drainageways.
(4)
Adjacent properties shall not be unduly burdened with surface water from the subdivision. Specifically:
(a)
There may be no unreasonable impediment of water from higher adjacent properties across the subdivision, causing damage to lower properties.
(b)
No action shall unreasonably collect and channel stormwater onto lower properties. The volume or rate of post-development runoff shall not exceed the amount of pre-development runoff, and is to be managed in a manner consistent with Nebraska statutes and existing case law regarding such flows.
(5)
Design shall use the best available technology to minimize off-site runoff, encourage natural filtration, simulate natural drainage, and minimize discharge of pollutants. Best available technology may include retention basins, swales, porous paving, and terracing.
(6)
No surface water may be channeled into a sanitary sewer system.
(7)
Where possible, a subdivision's drainage system shall coordinate with that of surrounding properties or streets.
(8)
All stormwater design shall be reviewed and approved by the Public Works Superintendent. The preliminary plat submission must include preliminary drainage computations and demonstrations that the proposed stormwater management system meets the requirements of this section. A certification from a registered professional engineer shall be filed with the City of Seward certifying that the stormwater management system of the subdivision is designed and constructed in accordance with the requirements of this section; and all applicable standards of the State of Nebraska. This certification shall be affixed to an accurate set of "as-built" system plans.
B.
Erosion control. With the submission of the preliminary plat, the subdivider shall submit an erosion control plan, prepared and certified by a licensed professional engineer, for any land-disturbing activity. All grading activities must be carried out consistent with this approved erosion control plan.
C.
Seeding. The area of the plat, with the exception of street rights-of-way, on which existing vegetation has been destroyed as a result of grading shall be seeded with a seeding formula as approved by the City during the first growing season immediately following the completion of grading operations.
§ 410-41.5 Parks and public facilities.
A.
Purpose. In order to serve the educational and recreational needs of new residents within the subdivision and promote the public health, welfare, community character and property values, residential subdividers are required to donate resources to make improvements to the City of Seward's parks system as a condition of subdivision approval.
B.
Park reservations.
(1)
General requirements.
(a)
The amount of park facilities for new residents is partly based on data and policy in the adopted City of Seward Comprehensive Plan. The plans reflect a local adaptation of standards of the National Recreation and Park Association (NRPA). The Comprehensive Plan is the result of a system-wide technical analysis and citizen participatory planning process, which identified near-term and long-range needs for the local parks system.
(b)
Given these findings, the City of Seward has determined the following:
[1]
Neighborhood park dedication. The City of Seward's standard for neighborhood park service is two acres per 1,000 people. Consistent with this standard and the Comprehensive Development Plan, a subdivision shall dedicate for a neighborhood park up to 0.006 acre per single-family detached dwelling unit and 0.004 acre per unit for other types of housing. Alternately, the subdivider shall pay a fee equivalent to the cost of 0.006 acre per single-family detached dwelling unit and 0.004 acre per unit for other types of housing, to be used specifically by the City for the acquisition and development of park and recreational facilities which directly benefit the subdivision.
[2]
Location. Land donated for new parks shall be located based generally on the City's Comprehensive Development Plan and Official Map and shall specifically consider the design of each development and natural features present. The amount of land required shall not include wetlands, floodways, floodplains or stormwater detention facilities.
(2)
Park donation substitutes. If parkland would be more appropriately located off-site, the City Council may agree to accept cash in lieu of land from a residential subdivider. The amount of land required from a residential subdivider may be reduced depending on the amount of the improved land, up to two acres established as a private park by the subdivider, provided that such land is determined to be of equivalent value and available by right to all residents of the development. The subdivider shall present evidence, through physical design and legal documentation, that the private facility shall be equally available to all residents of the development.
(3)
Criteria for requiring a contribution of cash in lieu of park and recreation land.
(a)
General requirements. Where the subdivision is small and the resulting site is too small to be practical or when the available land is inappropriate for parks and recreation land use, or when land for a park and recreation use cannot be made contiguous to land dedication for a school site, the City Council shall determine whether the subdivider shall be required to pay a cash contribution in lieu of the required land donation.
(b)
Park accounting trust and use of fees. The cash contributions in lieu of land for parks and recreation use shall be held in trust by the City of Seward for expenditure by the City as determined by the City Council. Such cash contributions shall be used solely for the acquisition of land for parks and recreation that will be available to serve the immediate or future needs of the residents of the subdivision or development, or for the improvement of recreation facilities and other parks already existing which will benefit the subdivision.
C.
Topography and grading. The slope, topography and geology of the dedicated site and its surroundings must be suitable for its intended purposes. A subdivider shall allow the City to have access to the proposed sites for the purpose of conducting soil boring tests.
D.
Timing and conveyance. Unless otherwise determined through a subdivision agreement, a subdivider shall convey to the City (or such other governmental body, corporation or such owner as determined by the City) the land required under this section at the time of final approval by the City Council of the subdivision or resubdivision plat or final development plan, by the delivery of the following documents:
(1)
A good and sufficient trustee's or warranty deed conveying fee simple title free and clear of all liens and encumbrances (except liens or encumbrances dischargeable by cash accompanying said deed), except for current real estate taxes.
(2)
A deposit of money equal to 100% of the most ascertainable taxes for the year, pro-rated to the date that the deed is delivered.
(3)
A plat of survey containing thereon the legal description of the property to be conveyed and any other matters which may be required by the City Administrator, as advised by the Zoning Administrator, City Attorney, and the consulting Public Works Superintendent.
E.
Timing of payment. Cash contributions required under this section shall be paid as follows:
(1)
Fees paid prior to final plat.
(a)
Unless otherwise provided by the terms of a developer agreement entered into between the City and the subdivider, all fees required pursuant to this section, including fees arising from the development of land located in the City's two-mile planning jurisdiction that may be subject to an intergovernmental agreement, shall be due and owing prior to the final plat approval by the City Council.
(b)
However, if the subdivider's lands are the subject of an annexation agreement, payment shall be made at the times and in the manner provided in said annexation agreement.
(2)
Procedures for fee collection and administration. It shall be the duty of the City Clerk, or other official designated by the City Council, to establish regulations and procedures for the collection and administration of the cash contributions required under this section.
F.
Development agreements.
(1)
Development agreements may establish time and manner of compliance. The City may enter into a development agreement with any subdivider that sets forth the time and manner of compliance with the terms of this section and implementation of any other provisions of these regulations. Such development agreements may be included as part of the subdivision agreement required for subdivisions subject to the provisions of § 410-42.4.
(2)
Prior development agreements.
(a)
If any development agreement has previously been entered into between the City and a subdivider, and that agreement remains in full force and effect, the provisions of that agreement shall control, and this section shall have no force and effect, provided that the subdivider complies with the terms of such agreement. However, if such subdivider is not complying with the terms of that agreement, then the provisions of this section shall apply and the City shall utilize the criteria set forth herein to determine the appropriate exaction amount, less credits, if any.
(b)
Further, if the development contemplated by a subdivider has either increased in number of units or has otherwise increased the demand for park and recreation facilities, then the developer agreement previously entered into between the subdivider and the City shall be amended and the subdivider shall provide additional land, or a pro-rata fee, based on the provisions of this section, less credits, if any.
§ 410-41.6 Easements.
A.
Utility easements.
(1)
Urban subdivisions. Easements for utilities shall be provided for in the subdivision dedication allowing for the construction, maintenance, repair, and replacement of utilities. Such easements shall be at least 15 feet in width, centered on the lot lines, and 10 feet in width along the rear property line where not adjacent to additional lots, and shall be provided along:
(2)
Easements of greater width may be required along lot lines or across lots. Easements of lesser width may be approved if accepted by utility providers. Easements shall connect with easements on adjoining properties.
(3)
Easements shall be approved in writing by any appropriate public or private utility provider intending to use such easement for their facilities. Such approval shall be submitted prior to final plat approval.
(4)
Rural subdivisions. Easements for utilities shall be placed within street rights-of-way, without requirements for additional utility easements.
B.
Drainage easements. Where a subdivision is crossed by a watercourse, drainageway, channel, or stream, a stormwater easement or drainage right-of-way shall be provided. It shall correspond generally with the extent of such watercourse, together with any additional construction or expansion necessary to allow it to conduct stormwater adequately. Easements shall extend not less than 20 feet on each side from the center line of the waterway. The total width of any easement shall be sufficient to cover the one-hundred-year floodplain calculated for a fully developed upstream drainage basin. Parallel streets or parkways may be utilized to preserve such drainageways.
C.
Setback requirements for structures adjacent to creeks and drainageways.
(1)
In addition to other applicable provisions of City ordinances, no persons shall be granted a permit for the construction of any structure, exclusive of fences, bank stabilization structures, poles signs, and non-related parking areas adjacent to any creek or stream unless such structure is located so that no portion whereof is any closer to the stream than will allow a maximum 3:1 slope between the water's edge (during normal flow conditions) of the stream and the closest point of the structure at-grade.
(2)
An exemption from the provisions of Subsection C(1) above may be granted if all of the following conditions are met and required certification is filed with the City of Seward:
(a)
Certification by a registered professional engineer or architect that adequate bank stabilization structures or slope protection will be installed in the construction of said structure, having an estimated useful life equal to that of the structure, which will provide adequate lateral support so that no portion of the structure adjacent to the stream will be endangered by erosion or lack of lateral support.
(b)
Certification shall be affixed to an accurate set of "as-built" construction plans for the structure, as well as "as-built" plans of depicting any bank stabilization or slope protection measures or structures.
(c)
In the event that the structure is adjacent to any stream that has been channelized or otherwise improved by any agency of government, then such certification providing this exemption must take the form of a certification as to the adequacy and protection of the improvements installed by such governmental unit.
D.
Other easements. The subdivision shall provide easements for other public utilities that cross through it, in a form acceptable to the City or appropriate public agency.
§ 410-41.7 Dedications.
Before final plat approval is granted to the subdivision, dedications to public use of all streets, alleys, other public rights-of-way, or other parks and public lands shall be completed as required by this chapter.
§ 410-42.1 Purpose.
The purpose of this article is to ensure the equitable financing and proper installation and maintenance of required streets, utilities, and other improvements. The guarantee shall be structured to provide adequate assurances to the City while not adding unnecessary costs to the developer.
§ 410-42.2 Applicability.
This article applies to subdivisions that require the installation of streets, utilities, or other public improvements by the City or developer.
§ 410-42.3 Responsibility of subdivider.
The subdivider shall be responsible for the installation and/or construction of all improvements required by this chapter and shall warrant the design, materials, workmanship, construction, and performance of such improvements for two years after the date of completion.
§ 410-42.4 Subdivision agreement.
A.
Condition for approval of plat. As a condition for final approval, each subdivision plat must include a subdivision agreement entered into between the City of Seward and the subdivider. Additionally, no contract for the construction of public improvements involving a subdivision within the extraterritorial jurisdiction but outside the corporate limits of Seward shall be awarded without the approval of such an agreement.
B.
Components of the agreement. The agreement shall include provisions for the financing and distribution of responsibilities among the City and the subdivider for land acquisition, design, and installation of public improvements. The agreement shall also state specifically how public services will be provided in the subdivision prior to annexation by the City.
C.
Rules for distributing improvement costs. Generally, the following rules shall be followed in distributing costs for public improvements:
(1)
Public costs. Allowable public costs will be those items that have demonstrable benefit to the general public. These items may include:
(a)
Pavement width in excess of 28 feet for streets designated as collector or arterial streets in the Seward Comprehensive Development Plan or any subsequent amendment thereof. On collector and arterial streets requiring a higher standard of paving than normal, the additional cost shall be borne by the City or other public agency.
(b)
The incremental cost of water mains over eight inches.
(c)
Oversized storm sewers or drainage structures required to serve other areas in the watershed. Such expenses may also be assessed on an area basis to properties served by the improvement.
(d)
Sanitary outfall sewers or water lines outside of the limits of a subdivision that serve areas larger than that of the subdivision, provided that such extension is consistent with the sequencing of development specified in the Comprehensive Development Plan.
(e)
The additional costs of sanitary sewers over eight inches in diameter, when such sewers are required by the City.
(f)
Park and recreation facilities consistent with the Comprehensive Development Plan.
(g)
Those costs required to be paid by the City for extension of water and sewer lines, pursuant to the Seward Municipal Code.
(2)
Private costs. Allowable special assessment costs will be those items that have direct benefit primarily to adjacent properties. These items may include:
(a)
The entire cost of grading street rights-of-way, including intersections.
(b)
All sanitary sewer lines serving the subdivision up to eight inches and water lines serving the subdivision up to eight inches.
(c)
All paving and street construction, including curbs and gutters, up to a cartway width of 28 feet.
(d)
A stormwater management system adequate to provide for the collection, retention, and removal of surface runoff, extending to the boundaries of the subdivision.
(e)
Sidewalks as required by this chapter. Construction of sidewalks may be delayed until after completion of site grading and construction, but must be completed prior to occupancy of the structure.
(f)
The private share of trails or bicycle paths included in the City's system, as identified by the Comprehensive Development Plan; or trails or bicycle paths whose primary benefit is to residents of the subdivision.
(g)
The contract charge for underground electrical and gas service.
(i)
Those costs required to be paid by the developer for extension of water and sewer lines, pursuant to the Seward Municipal Code.
(3)
The subdivider, in lieu of installing and constructing said improvements at his/her expense, may, along with all owners of property to be affected by such improvements and all perfected lien holders, petition the Council to cause the construction of such improvements. This petition shall waive any required resolution of necessity, any applicable limitations of the amount, which could be assessed against subdivision property owners, including intersection costs, and other costs normally paid by the City in special assessment projects.
§ 410-42.5 Subdivisions contiguous with City.
Unless otherwise provided as a specific part of the subdivision approval by the City, all subdivisions now or hereafter laid out adjoining or contiguous to the corporate limits of the City shall be included within such corporate limits and become a part of the City of Seward. The residents of the subdivision shall be entitled to all the rights and privileges and subject to all laws, ordinances, rules and regulations of the City of Seward.
§ 410-42.6 Performance guarantees.
A.
As a condition of the final approval of the plat and prior to its recording with the Seward County Register of Deeds, the City Council shall require and accept the following:
(1)
The furnishing of a performance bond, letter of credit, cash escrow, or other guarantee in a form acceptable to the City, in an amount not to exceed 100% of the estimated cost of the improvement installation.
(2)
A specification of the time allowed for the installation of improvements. This period may be extended by the City Council.
B.
The performance guarantee amount and requirement, along with the permitted time for installation, shall be included within the subdivision agreement negotiated between the City and the developer and approved with the final plat.
§ 410-42.7 Notification of completion and acceptance by City.
A.
Notification. Upon substantial completion of all required improvements, the developer shall notify the Public Works Superintendent in writing, as well as submit a certification from a registered professional engineer, attesting to the adequacy of the installation.
B.
Inspection and acceptance.
(1)
The Public Works Superintendent shall inspect all installations, and shall approve, partially approve, or disapprove the installation. Upon completion of improvements, he/she shall file a statement with the City Council and Zoning Administrator certifying that the improvements have been completed satisfactorily or listing the defects in the improvements.
(2)
If the installation is approved, the Public Works Superintendent shall notify the developer of acceptance in writing. Such acceptance shall release the developer from liability pursuant to the performance guarantee for the installation. The City has the right to retain up to 10% of the value of the performance guarantee for a period of up to one year from the date of acceptance to remedy any deficiencies which appear during that period.
(3)
If improvements are not accepted or not completed within the specified time, the performance guarantee shall be forfeited and used by the City to complete satisfactory installation of improvements.
(4)
No residential occupancy permits shall be issued for a subdivision unless the installation of improvements has been inspected and approved in full by the Public Works Superintendent.