Sec. 23-1.  Definitions. 

 

As used in this chapter, the following terms shall have the meanings in this section prescribed:

 

Alley:  A public or private right-of-way which affords only a secondary means of access to abutting property from a street or road.

 

Block:  A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.

 

Cul-de-sac: A vehicular turnaround which is located at the closed end of a dead-end street or alley.

 

Design:  The location of streets, alignment of streets, grades, and widths of streets, alignment of easements, grades and widths of easements, alignment and rights-of-way for drainage and sanitary sewers, and the designation of minimum lot area, width and length.

 

Easement:  A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific purposes.

 

Final plat:  A plan or map prepared in accordance with the provisions of this regulation and those of any other applicable local regulation, which plat is prepared to be placed on record in the office of the recorder of deeds of the county.

 

Governing body:  The city council.

 

Improvements:  Street work and utilities that are to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private use of the lot owners in the subdivision and local neighborhood traffic, drainage needs, and other improvements, as a condition precedent to the approval and acceptance of the final plat.

 

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

 

Open space:  An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas, or required front, rear or side yards.

 

Pedestrian way: A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

 

Preliminary plat:  A map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it; this map need not be based on accurate or detailed final survey of the property.

 

Secretary:  The secretary of the planning commission.

 

Setback line or building line:  A line on a plat generally parallel to the street right-of-way, indicating the minimum open space to be provided between buildings or structures and the edge of the street right-of-way.

 

Street:  A right-of-way, dedicated to the public use, or a private right-of-way which provides principal vehicular and pedestrian access to adjacent properties.

 

Subdivider:  A person who causes land to be divided into a subdivision for himself or for others.

 

Subdivision:  The division of a lot, tract or parcel of land into two (2) or more lots, plats, sites or other divisions of land of less than ten (10) acres, including resubdivisions of land.

 

Subdivision identification lot shall mean a privately owned and maintained parcel of ground located within the right-of-way of a street upon which is located a sign identifying the name of the subdivision.

 

Two-mile limit:  The area within two (2) miles beyond and adjacent to the city limits as delineated on the Extraterritorial Zoning Jurisdiction Map of the city. 

 

Source:  Code 1962, § 11-24-1; Ord. No. 2874, § 1, 6-2-80; Ord. No. 3429, § 2, 9-15-86; Ord. No. 3955, § 1, 5-17-93; Ord. No. 4070, § 2, 11-7-94

State law reference--Subdivision defined, R.R.S. 1943, 19-921.

 

Sec. 23-2.  Interpretation.

 

The provisions of this chapter shall be considered to be the minimum requirements.

 

Sec. 23-3.  Violations.

 

Any person who shall violate, or who shall fail or neglect, or refuse to comply with any of the provisions of this article, shall upon conviction, be deemed guilty of an offense.

 

Sec. 23-16.  Approval of plats, etc., required.

 

All plans, plats or replats of land hereafter laid out in building lots, and the streets, alleys or other portions of the same intended to be dedicated for public use, or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto, and plans and descriptions of all streets, alleys or public ways intended to be deeded or dedicated for public use, or for the use of purchasers or owners of the land fronting thereon or adjacent thereto, which is not intended to be platted into lots or other designated tracts, shall be submitted to the planning commission for their consideration and their recommendation shall then be submitted to the mayor and council for their official consideration and action, and no such plat, replat, dedication or deed of street or public way shall be filed with the register of deeds as provided by law until such plat, replat, dedication or deed shall have had endorsed thereon approval by the planning commission and by mayor and council. 

 

Source:  Code 1962, § 11-24-3

 

Sec. 23-16.1.   Change of lot boundary without subdivision plat thereof; enumerated; survey and plat approval required; deed of conveyance required; fees.

 

(a)   A proposed change in lot boundary may be approved without a subdivision plat thereof under the following circumstances:

 

(1)       If the change is solely for the purpose of establishing or changing the boundary of a public way; or

 

(2)       If the change consists of the division of three (3) adjoining approved lots or platted lots being platted into two (2) adjoining lots; or

 

(3)       If the change is for the purpose of making lawful the conveyance of a part of a lot, block, or tract of land which would otherwise be noncomplying with this Code, so long as the boundary change does not create or result in the creation of a noncomplying lot or lots; or

 

(4)       If the boundary change consists of a change between two (2) adjoining lots on one (1) or both of which is or are situated, a building or buildings which do not comply with the minimum setback requirements of this Code, where the purpose of the change is to effect, or more nearly effect compliance with such setback requirements; provided, a change of boundary as set forth above shall not be approved, unless the mayor and city council shall find that the owner or owners of the lot or lots at the time when construction of the building or buildings was commenced did not have knowledge of the noncompliance, or of facts that should have put the owner or owners on notice to inquire in regard thereto; or

 

(5)       If the change is for the purpose of making lawful the conveyance of a part of a lot, block, or tract of land which would otherwise be noncomplying, where the acquisition or conveyance of such part of a lot, block, or tract of land which would otherwise be noncomplying, was made necessary by problems arising in the construction of a building on adjoining property and where the mayor and city council find that the problems arising in the construction of the building could not have been reasonably anticipated before commencement of construction.

 

(b)  Any boundary change as set forth in subsections (a) above shall not become effective until a survey and plat thereof made by a registered surveyor, showing both the previous and proposed new boundaries and showing any alternations, adjustments or removal in setback lines resulting from the lot boundary change, is delivered to the city’s Planning and Development Department and approved by said zoning official for those changes set forth in subsections (a)(1), (a)(2) or (a)(3) above or by the mayor and city council for those changes set forth in subsections (a)(4) and (a)(5) above, whichever is applicable.  At the time said survey and plat is delivered to the Planning and Development Department, a warranty or quit claim deed and real estate transfer statement shall also be delivered to said Department whereby the conveyance of the part of the lot, block, or tract of land shall be completed upon its filing with the register of deeds.  The zoning official shall, at the time of the delivery of the survey, plat and warranty or quit claim deed, collect a filing fee for such boundary change as set forth in Section 2-5 of this Code plus the cost of the filing of the deed, including any documentary stamp tax as required by law.  Within ten (10) days after approval of the same by the zoning official or mayor and city council, the survey and plat and the warranty or quit claim deed shall be filed with the register of deeds by the zoning official.

 

The survey, as set forth above, shall be on eight and one-half (8½) by fourteen (14) inch sheet(s) of paper; be drawn to a scale of not less than one (1) inch equals one hundred (100) feet; show the direction north by an arrow; reflect all adjoining streets, alleys, and public ways; show any existing buildings or structures on the lot, block, or tract of land being changed; show the number of square feet of all lots, blocks, or tracts of land, including the area of the parcel being conveyed by the warranty or quit claim deed; show the setback lines that result from any alteration or adjustment occasioned by the lot boundary change or note on the lot boundary change the removal of any setback lines as part of the lot boundary change; and refer to the specific subsection of this section that the boundary change is being submitted under. 

 

Source:  Ord. No. 3111, §§ 1-8, 12-6-82; Ord. No. 3209, § 2, 5-7-84; Ord. No. 3909, § 1, 11-16-92; Ord. No. 4652, § 1, 5-5-03; Ord. No. 4868, § 1, 1-17-06; Ord. No. 5135, § 14, 9-7-10; Ord. No. 5563, § 44, 8-20-18;

Editor’s note--Ord. No. 3111, approved Dec. 6, 1982, did not specifically amend this Code; therefore, inclusion of §§ 1--8 thereof as § 23-16.1, was at the editor’s discretion.

Cross references--Buildings and building regulations generally, Ch. 6; planning and development generally, Ch. 19; streets and sidewalks, Ch. 22; lot subdivision, § 23-26 et seq.; zoning, Ch. 27.

 

Sec. 23-17.  Sale of land from unapproved plats.

 

Any person whether as owner, proprietor, or as the agent, attorney or representative of any owner or proprietor of land, who shall plat or subdivide any tract of land within the corporate limits, or within two (2) miles thereof, or who shall sell, transfer, deed or convey, contract or agree to sell, transfer, or offer for sale any lot or piece of ground in any addition or subdivision within the corporate limits, or within two (2) miles thereof, without having first obtained the acceptance and approval of the plat or map thereof by the planning commission and by the mayor and council shall be deemed to be guilty of an offense and punishable under the general penalty section of this Code.  The offering for sale, contracting to sell or selling of each lot or piece of ground, shall be taken and deemed a separate and distinct offense. 

 

Source:  Code 1962, § 11-24-9; Ord. No. 2874, § 3, 6-2-80; Ord. No. 3088, § 25, 9-7-82

Cross reference--General penalty, § 1-16.

 

Sec. 23-17.1.  Preapplication procedures.

 

Prior to the filing of the preliminary plat, the subdivider shall contact the city staff to determine:

 

(1)       Procedure for filing plats.

 

(2)       Availability of city sewers and water.

 

(3)       Comprehensive plan requirements for major streets, land use, parks, schools and public open spaces.

 

(4)       Zoning requirements for the property in question and adjacent properties.

 

(5)       Special setback requirements for arterial, collector and local streets.

 

After reaching the preliminary conclusions regarding the requirements for the proposed subdivision, the subdivider may submit a preliminary plat together with any supplementary information necessary to the secretary of the planning commission.

 

Sec. 23-18.  Preliminary plan.

 

Three (3) prints and one (1) full-size PDF electronic file of the preliminary plan of any proposed subdivision shall be made available to the Planning and Development Department prior to noon on Monday of the week preceding the regular planning commission meeting date.  The preliminary plat shall be drawn at a scale no smaller than one hundred (100) feet to the inch on a sheet twenty-four (24) inches by thirty-six (36) inches.  The preliminary plat shall show or be accompanied by the following information:

 

(a)   The proposed name of the subdivision and names of adjacent subdivisions.

 

(b)   The names of the owner and the engineer, surveyor, or landscape architect responsible for the survey and design.  Written evidence such as deed(s) or title report by a registered land abstracter listing the names of all owners of record and other persons who have an interest in, or any encumbrance on the land to be platted.  Persons initiating the plat who are not the record titleholders of the property shall provide a consent form which is furnished with the subdivision application agreeing to the platting and signed by all owners of record.

 

(c)   The location of boundary lines and their relation to established section lines or fractional section lines.

 

(d)   The location and width of existing and proposed streets, roads, lots, (approximate dimensions) and alleys, building line, easements, parks, and other features of the proposed subdivision.  The plan shall show the outline of adjacent properties for a distance of at least one hundred (100) feet and how the streets, alleys or highways in the proposed subdivision may connect with these adjacent which are of record.

 

(e)   Survey showing physical features of the property, including watercourses, ravines, bridges, culverts, present structures and other features of importance to lot and street layout.  The approximate acreage of the property shall be indicated.  Topography of the tract shall be shown on the preliminary plan by means of contours of one-foot or two-foot intervals.

 

(f)   Approximate gradients of streets.  All grades shall be based on city datum.

 

(g)   Designation of the proposed uses of land within the subdivision, whether for residential, commercial, industrial or public use, such as parks and churches.

 

(h)   Center line profiles of proposed streets may be required by the planning commission.

 

(i)   North point, scale and exact date of submittal.

 

Approval of the preliminary plat does not constitute acceptance of the subdivision, but is merely an authorization to proceed with preparation of the final plat for record.  No grading of streets, or construction shall be done on the subdivision before the final plat is approved by the planning commission and by the mayor and council, except by special permission of the mayor and city council.  The approval of the preliminary plat shall be in effect for an indefinite period of time, except the planning commission may, after a minimum of time, require the redesign and/or resubmission of the preliminary plat. 

 

Source:  Code 1962, § 11-24-4; Ord. No. 2873, § 1, 6-2-80; Ord. No. 4013, § 1, 2-22-94; Ord. No. 5563, § 45, 8-20-18

 

Sec. 23-19.  Final plat.

 

After the preliminary plan has been approved by the planning commission, a final plat for record shall be prepared and submitted to the commission for their recommendation and then submitted to the mayor and city council for action.  Three (3) prints and one (1) full-size PDF electronic file shall be made available to the Planning and Development Department prior to noon on Monday of the week preceding the regular planning commission meeting dates.  Twenty (20) copies of the plat, or as designated, are required by the city clerk prior to plat becoming an item on the city council agenda for council recommendation.  Two (2) four-mil mylar twenty-four-inch by thirty-six-inch plats shall be made available and must contain all necessary signatures.  One (1) copy shall be filed with the county register of deeds and the other filed with the Planning and Development Department.  The final plat shall be to a scale of one hundred (100) feet to the inch, and shall show or be accompanied by the following information:

 

(a)   The name of the subdivision and adjacent subdivisions, the names of streets (to conform wherever possible to existing street names), as well as house numbers to conform with this Code, and the numbers of lots and blocks, in accordance with a systematic arrangement.

 

(b)   An accurate boundary survey of the property, with bearing and distances, referenced to section or fractional section corners, and showing (in dotted lines) the lines of immediately adjacent streets and alleys with their widths and names. 

 

(c)   Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length and radii of all curves, and with all other information necessary to duplicate the plat on the ground.  The ground area of each separate lot shall be given in square feet and shall be affixed to the plat in the form of a list giving the lot number and square footage.

 

(d)   The location of building lines on front and side streets, and the location and dimension of utility easements.

 

(e)   Dedication of all streets, public highways, alleys, parks and other land intended for public use, signed by the owners and their spouses and by all other parties who have a mortgage or lien interest in the property, together with any restrictions which are to apply to lots.

 

(f)   A waiver of claim by the applicant for damages occasioned by the establishment of grades or the alteration of the surface of any portion of the streets and alleys to conform to the grades as established.

 

(g)   Certification by a registered surveyor to the effect that the plan represents a survey made by him, and that all the necessary boundary survey monuments are correctly shown thereon.

 

(h)   North point, scale and exact date of submittal.

 

(i)   A certificate showing that current taxes and special assessments due and payable have been paid in full; or if such taxes have been protested provided by law, monies or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld, may be placed on deposit with such officials or governing bodies to meet this requirement.

 

All figures and letters shown must be plain, distinct, and of sufficient size to be easily read, and must be of sufficient density to make a lasting and permanent record.  When more than one (1) sheet is used, a key map, showing the entire subdivision at smaller scale with block numbers and street names, shall be shown on one (1) of the sheets, or on a separate sheet of the same size.  Prior to final plat approval, a grading plan shall be approved by the city engineer.  Said plan shall include drainage calculations and centerline street grades.

 

Source:  Code 1962, § 11-24-5; Ord. No. 2873, § 2, 6-2-80; Ord. No. 4013, § 2, 2-22-94; Ord. No. 4224, § 1, 11-18-96; Ord. No. 5563, § 46, 8-20-18;

 

Sec. 23-20.  Reserved.

 

Sec. 23-21.  Fees.

 

The fees set forth in Section 2-5 of this Code are to be paid by all persons submitting preliminary or final plats for approval by the planning commission.

 

Source:  Code 1962, § 11-24-7; Ord. No. 3058, § 1(34), 3-1-82; Ord. No. 4868, § 2, 1-17-06; Ord. No. 5135, § 14, 9-7-10

 

Sec. 23-22.  Reserved.

 

Editor’s note--Ord. No. 3077, § 1, enacted July 19, 1982, repealed Code 1962, § 11-24-8, which had been codified herein as § 23-22, and had pertained to prerequisites for commencement of construction and restrictions upon issuance of building permits.

 

Sec. 23-23.  Waiver of time period to object to noncompliance.

 

(a)   The city hereby waives the one hundred twenty-day period of time it has in which to object to a failure to comply with any requirements relating to subdivision approval, subject, however, to such waiver being approved in writing by the city engineer.

 

(b)   Upon receipt by the city clerk of written notice of the filing of an affidavit in the office of the county register of deeds, the notice and a copy of the affidavit shall be submitted by the city clerk to the office of the city engineer, and the director, upon determining that it is in the best interests of the city and the interested parties that the one hundred twenty-day period should be waived, shall endorse in writing upon such notice the city’s waiver of such one hundred twenty-day period.

 

(c)   Upon a determination by the city engineer that it is not in the best interest of the city and/or the interested parties to waive such one hundred twenty-day period, the question of whether or not to grant such waiver shall be presented to the council as soon as practicable and their decision shall be final.

 

(d)   Nothing herein shall relieve any person from any penalty imposed or to be imposed by the city for failure to comply with any requirement relating to subdivision approval, and this section and the procedure thereunder shall be only for the purpose of validating a conveyance and shall not be for the purpose of excusing compliance with applicable zoning or subdivision requirements of the city or the state. 

 

Source:  Ord. No. 2921, §§ 1--4, 11-17-80

 

Secs. 23-24, 23-25.  Reserved.

 

Sec. 23-26.  Intent; purpose of division.

 

The intent of this chapter is to provide for the platting or replatting of lots when not more than one (1) additional lot is created by said platting or replatting, nor more than three (3) lots are incorporated into said replatting.  When further partitions are likely or planned or new streets or roads are required, the applicant shall follow the regular subdivision procedures as outlined in this chapter.  The planning commission and city council may approve or disapprove such plattings or replattings in accordance with the following regulations. 

 

Source:  Ord. No. 3016, § 1, 10-19-81

 

Sec. 23-27.  Application procedure.

 

Requests for a lot subdivision shall be made by the owner or owners of the land to the secretary of the Norfolk Planning Commission.  The subdivider shall submit fourteen (14) copies of the plat including a vicinity sketch which shall be part of said plat, at least fifteen (15) days prior to a regular planning commission meeting.  The application shall be accompanied by a list certified by a registered abstractor of the names and addresses of all persons having ownership in the property involved. 

 

Source:  Ord. No. 3016, § 2, 10-19-81

 

Sec. 23-28.  Plat approval guidelines.

 

Required contents of a lot subdivision plat shall include:

 

(a)   The proposed name of the subdivision (not to duplicate or too closely resemble the name of any existing subdivision).

 

(b)   The name of the owner, engineer, surveyor, architect or developer who prepared the plat.

 

(c)   Scale of the plat shall be one (1) inch equals one hundred (100) feet or larger.

 

(d)   Date of preparation and north point.

 

(e)   Location of section, township, range, county and state lines, including the description boundaries of the subdivision based on an accurate traverse giving angular and linear dimensions which must be mathematically correct, and all other information including lot location and dimensions necessary to duplicate the plat on the ground.

 

(f)   The location of monuments or benchmarks shall be shown.  Location of such monuments must be shown in reference to existing official monuments or to nearest established street lines, including the true angles and distances to such reference points or monuments.

 

(g)   Building setback lines and lot numbers.

 

(h)   Utility easements as required by section 23-38 of the Norfolk City Code, and a statement of dedication relative to said easements.

 

(i)   Topography (may be shown on vicinity sketch).

 

(j)   Existing structures (may be shown on vicinity sketch).

 

(k)   Location in relation to existing subdivisions where applicable (may be shown on vicinity sketch).

 

(l)   Certificate for signatures of all owners, person responsible for survey and platting, notary acknowledgment, planning commission, governing body and Madison County Register of Deeds. 

 

Source:  Ord. No. 3016, § 3, 10-19-81

 

Sec. 23-29.  Review procedure.

 

(a)   The planning commission shall review applications for lot subdivision and forward a recommendation for approval or disapproval to the mayor and city council within thirty (30) days from the time the lot subdivision first appears as an agenda item at a regular planning commission meeting.  Upon approval of said lot subdivision by the mayor and city council, a certified copy thereof shall be filed by the applicant with the register of deeds, with a duplicate copy noting such certification by the register of deeds to be filed with the secretary of the planning commission.

 

(b)   The planning commission and/or mayor and city council may make such additional requirements as are deemed necessary to carry out the intent and purpose of existing land development regulations and governing body policy.  Requirements may include, but not be limited to, installation of public facilities, dedication of rights-of-way and easements, and submission of covenants for the protection of other landowners in the original subdivision. 

 

Source:  Ord. No. 3016, § 4, 10-19-81

 

Sec. 23-30.  Reserved.

 

Source:  Ord. No. 3016, § 5, 10-19-81; Ord. No. 5135, § 14, 9-7-10

 

Secs. 23-31--23-35.  Reserved.

 

Sec. 23-36.  General requirement.

 

In the subdivision or resubdivision of land within the city’s jurisdiction the owner or developer shall exercise due regard to the alignment and location of streets in relation to other existing or planned streets, to adequate drainage, to safe and expedient flow of traffic, and to provide for roadway surface, utilities and recreation. 

 

Source:  Code 1962, § 11-24-2; Ord. No. 2874, § 2, 6-2-80

 

Sec. 23-37.  Drainage.

 

Surface drainage across residential lots or along the side or rear lot lines shall be avoided wherever possible.  Where such drainage on residential lots is necessary, easements shall be provided.  Drainage plans shall be approved by the city engineer before the final plat is approved.

 

Source:  Code 1962, §§ 11-24-6(A), 11-24-8(A); Ord. No. 3077, § 1, 7-19-82

Editor’s note--Ord. No. 3077, § 1, enacted July 19, 1982, repealed Code 1962, § 12-24-8(A); provisions formerly set out as a part of § 23-37 of this Code, which were derived from said repealed provisions, have been deleted.

 

Sec. 23-38.  Utility easements.

 

Where alleys are not included in the plat, easements of not less than five (5) feet shall be provided on each side of rear or side lot lines, or where necessary for the proper location or relocation of public utilities.  If necessary for the extension of water or sewer lines, or similar utilities, or for surface drainage, easements of greater width may be required along lot lines or across lot lines.  Easements shall connect with any established easements in adjoining property.  Easements for sewer, water and gas lines shall be approved by the engineer. 

 

Source:  Code 1962, § 11-24-6(I); Ord. No. 3058, § 1(35), 3-1-82

 

Sec. 23-39.  Building lines.

 

Building lines shall be shown on all lots intended for residential use, and in some cases may be required on lots intended for business use, and shall provide at least the setback required by the zoning ordinance. 

 

Source:  Code 1962, § 11-24-6(J)

Cross reference--Zoning, Ch. 27.

 

Sec. 23-40.  Parks, school sites and playgrounds.

 

Suitable sites for parks, schools, playgrounds or other public requirements shall be carefully considered and indicated on the preliminary plan, so that they can be compared with the comprehensive city plan, and it can be determined which of such sites, if any, should be indicated on the final plat, and when, and in what manner such areas will be acquired by the public body. 

 

Source:  Code 1962, § 11-24-6(K)

 

Sec. 23-41.  Lots.

 

All rectangular lots and all other lots, so far as practicable, shall have the side lines at right angles to the street on which the lot faces, or radial to curved street lines.  Lots shall be of width and area to conform to the zoning ordinance.  Corner lots shall be at least fifteen (15) feet wider than the minimum lot width in the zoning classification in which the subdivision is located. 

 

Source:  Code 1962, § 11-24-6(H)

 

Sec. 23-41.1.  Subdivision identification lot.

 

Subject to the provisions set forth for the design of streets in the Nebraska Uniform Traffic Manual as adopted by the Nebraska Department of Roads, as the same may from time to time be amended, a subdivider of land may create a subdivision identification lot to be located within what would otherwise be the right-of-way of a public street subject to the following conditions:

 

(1)       The subdivision identification lot shall be shown on both the preliminary and final plats of the subdivision;

 

(2)       The subdivision identification lot shall be platted as private property to be owned by a privately formed homeowner’s association made up of the owners of all lots within the subdivision, which homeowner’s association shall be responsible for the repairs, maintenance, taxes and insurance of the subdivision identification lot and any sign located thereon.  The subdivision agreement shall address and provide for the situation where the homeowner’s association either ceases to exist or otherwise fails to perform its obligations to repair, maintain, pay taxes and provide insurance as required by this subsection or the subdivision agreement.  Provisions in the subdivision agreement shall include designating a particular lot or lots that shall be responsible for the cost of repairs, maintenance, taxes and insurance in the event the homeowner’s association fails to do so.  The plat shall include a declaration that the lot or lots so designated may be responsible for the cost of repairs, maintenance, taxes and insurance for the subdivision identification lot and that such obligation of the designated lot or lots shall run with the land.

 

(3)       Whenever a subdivision identification sign is located on a subdivision identification lot located within what would otherwise be the right-of-way of a public street there shall be kept in force the liability insurance for property damage, bodily injury, and personal injury in the minimum amounts of one million dollars ($1,000,000.00) and naming the city as an additional insured.  The amount of such insurance shall be increased or decreased annually in an amount equal to the change in the Consumer Price Index as computed by the United States Department of Commerce for the calendar year ending prior to the renewal of the insurance.

 

(4)       The subdivision identification lot shall have a ten-foot setback from the extended right-of-way line of the intersecting street with the street in which the subdivision identification lot is located; and

 

(5)       The subdivision identification lot shall not exceed three hundred (300) square feet in area.

 

(6)       The developer of any subdivision which includes a subdivision identification lot shall be required to pay for any additional construction costs incurred by the city that result from the inclusion of the subdivision identification lot in the subdivision.  The additional construction costs which developer shall be required to pay by this subsection shall include, but not be limited to, the costs associated with any extra width in the street or in the intersection that are necessary to accommodate the subdivision identification lot. 

 

Source:  Ord. No. 3955, § 2, 5-17-93

 

Sec. 23-42.  Sidewalks.

 

(a)   Sidewalks shall be constructed in accordance with Chapter 22 of this Code on both sides of the street in all new plats and subdivisions, provided, however, the city council may waive or modify the requirement of sidewalks pursuant to section 23-48 of this Code, or pursuant to the exemption criteria hereinafter set forth.

 

(b)    The construction of sidewalks in all new subdivisions, unless waived or exempted as provided herein, shall be completed concurrently with the completion of the construction of the structure or building on the property and no building permit shall be issued without the showing of plans and specifications for such sidewalk.  No certificate of occupancy shall be issued until such sidewalk, unless waived or exempted, is completed.

 

(c)    From and after this date, no subdivision plat shall be approved by the city council without either the showing of the plan for the construction of sidewalks as provided in this Code or a notation thereon that the property is exempted as set forth below.

 

(d)    At such time as a subdivision is ninety percent (90%) built out, all sidewalks shall be in place to create a system of interconnected sidewalks.

 

(e)    Exemption from the above requirements shall be allowed if ALL of the following criteria are met:

 

(1)       Lots are single-family residential;

 

(2)       Subdivision contains three (3) lots or more of the size, areas, etc. set forth herein;

 

(3)       A minimum of 80% of the lots have frontage of 200 feet or more;

 

(4)       All lots are three (3) acres or more in area;

 

(5)       Lots are not utilizing city utilities such as water and sewer;

 

(6)       There is no abutting sidewalk or trail to any of the lots; and

 

(7)       Lots are a maximum distance of one-half mile from the extraterritorial jurisdiction boundary at the time of platting, except for subdivision of record meeting (e)(1-6) above, prior to May 16, 2022.  This criteria shall be met if at least ninety percent (90%) of the subdivision lies within one-half mile of the extraterritorial jurisdiction boundary line.

 

(f)    If all criteria from (e) above are met, an exemption is granted subject to the following requirements:

 

(1)       An agreement with the city shall be signed by the property owner at the time of building permit, whereby the property owner acknowledges the possibility of a future sidewalk district, as described below, and agrees not to remonstrate against said future sidewalk district.  The terms and conditions of the agreement provided for in this section shall require that the agreement be recorded by the register of deeds at the expense of the property owner, and that the agreement shall run with the land and be binding upon the heirs, successors, and assigns of the property owner.

 

(2)       Once there is a sidewalk or trail adjacent to any lot in the subdivision, the city shall design the sidewalk'trail system as to the needs at the time and prepare a sidewalk district for the design, construction, and installation.  The properties in the subdivision will be assessed as provided iin this Code.

 

Source:  Code 1962, § 11-24-6(L); Ord. No. 3780, § 1, 4-1-91; Ord. No. 4034, § 1, 7-5-94; Ord. No. 5617,  § 2, 6-3-19; Ord. No. 5781, § 1, 5-16-22;

 

Sec. 23-43.  Special provisions for large parcels.

 

In case a tract is subdivided into larger parcels than normal building lots, such parcels shall be arranged to permit the opening of future streets and logical resubdivision. 

 

Source:  Code 1962, § 11-24-6(D)

 

Sec. 23-44.  Reserved.

 

Editor’s note--Section 11-24-8(B) of the 1962 Code, formerly set out herein as § 23-44 and pertaining to inspections by the city engineer was repealed by Ord. No. 3077, § 1, enacted July 19, 1982.

 

Sec. 23-45.  Required improvements--Within corporate limits.

 

In accordance with urban development policy of the City of Norfolk, it shall be the responsibility of developers of new subdivisions (excluding lot subdivisions) to install in conformity with plans, specifications and data approved by the city engineer, certain required improvements as follows:

 

(a)   Street improvements.  Paving, including curbs and gutters, shall be completed in all streets in accordance with city standards and in conformance with any official street plans which may be adopted by the city council of Norfolk.  Minimum roadway surface shall be constructed of six (6) inch portland cement concrete or asphaltic equivalent.  Curb and gutter shall be of portland cement concrete.  Standard minimum width of the paved surface shall be thirty-one (31) feet, back-to-back of curb.  Developers may request construction to a minimum width of twenty-seven (27) feet and, where recommended by the city engineer, the city council shall restrict parking to one side of the street.

 

(b)   Staking.  The external boundaries, corners of blocks and lots, all points of curvature and points of tangency shall be monumented by iron rods or pipes of not less than three-quarter-inch diameter, extending at least twenty-four (24) inches below grade.

 

(c)   Grading.  No grading or other construction shall take place within a street right-of-way, until such plans are approved by the city engineer.

 

(d)   Water supply.  The subdivision shall be provided with an adequate water main supply system, which shall be connected to an approved water supply system in accordance with standard specifications of the City of Norfolk.  Fire hydrants shall be supplied and installed by the developer in a pattern approved by the fire chief and city engineer.  The minimum diameter of all mains shall be no less than six (6) inches, except where a smaller diameter is recommended by the city engineer, or a larger diameter is required to service a commercial or industrial site.

 

(e)   Street name signs.  Signs of the type in use throughout the city shall be supplied and installed by the developer.

 

(f)   Sanitary sewer.  Sanitary sewers shall be installed to adequately serve all lots in the subdivision, in accordance with standard specification of the City of Norfolk.  In no case shall the minimum diameter be less than eight (8) inches.  Where an approved sanitary system is accessible within three hundred (300) feet of the premises, the developer shall connect thereto.  Where an approved system is not reasonably accessible, individual sewage disposal systems may be utilized in accordance with standard city specifications governing such installations.  Where the city determines that an alternate point of discharge into the community system is more feasible for future community development, the developer shall be liable for that portion of the costs that would have been applicable if connection were made at the nearest point of the system.

 

(g)   Sidewalks shall be constructed in accordance with section 23-42 of this Code.

 

(h)   Storm drainage.  The developer shall provide for adequate surface drainage, including installation of culverts, storm sewers, catch basins and other improvements to adequately handle stormwater.  Design shall be sufficient to accommodate a specified storm, as per criteria acceptable to the city engineer.  First floor elevations shall be determined with regard to the one-hundred-year flood boundary.

 

(i)   Other improvements.  The installation of other improvements may be required, where deemed necessary in the best interest of the community.

 

(j)   Installation of improvements.  Developers may select either method or combination of methods listed below to comply with the minimum improvement requirements:

 

(1)       The developer may install the required improvements as a condition of final plat approval;

(2)       The developer may petition the city to construct street surfacing, sanitary sewer and water mains in the proposed subdivision by the district method.  The size of any street improvement district, sanitary sewer district, or water main district shall be determined by the city council, and the creation of such districts shall be subject to the city’s ability to finance any of the improvements;

(3)       Forty-eight (48) hours’ notice shall be given to the city engineer prior to the start of construction on any improvement.  The developer’s engineer shall provide the city with a signed certification, assuring that improvements have been installed in accordance with the approved plans and specifications.

 

(k)   Shared development costs.  General obligation costs shall be conceived for those improvements which benefit the general public.  Sewers, storm drains and water lines or similar facilities cannot be beneficial to the general public unless they serve an area larger than the subdivision.

 

(1)       Streets and utilities: The city shall bear the extra cost of providing a [street or utility improvement] greater than the minimum improvements required by these regulations, except the developer shall pay the costs of all water mains up to eight (8) inches in diameter and the cost of water mains greater than eight (8) inches where a larger main is required to serve the proposed subdivision.  The developer shall be required to pay the costs of all storm sewers up to twenty-four (24) inches in diameter and the costs of storm sewers greater than twenty-four (24) inches, where a larger main is required to serve the proposed subdivision.  The city shall pay the difference between the costs of required improvements and any oversize water or sewer mains required to service the surrounding areas.  The city shall share the costs of installation of box culverts on collector and arterial streets.  The city shall pay for costs of intersection paving.

(2)       Off-site extension:  If utilities are not available at the boundary of a proposed subdivision, and if the city finds that extensions across undeveloped land would not be warranted as a special assessment to the intervening properties or as a municipal capital expenditure until some future time, the developer may be required to obtain necessary easements or right-of-way and construct and pay for such extensions.  The proposed method of financing off-site extensions shall be stated in the subdivisions agreement.  Such improvements shall be available for connections by developers of adjoining land, subject to applicable connection fees as may exist.  In considering off-site extensions, the city will give due consideration to urban expansion as set forth in the comprehensive plan and scheduled capital improvements for the area in question. 

 

Source:  Ord. No. 3077. § 2, 7-19-82; Ord. No. 3780, § 2, 4-1-91; Ord. No. 5624, § 1, 8-5-19;

Note--See editor’s note, § 23-44.

 

Sec. 23-46.  Same--Within city jurisdiction outside of corporate limits.

 

In accordance with urban development policy of the City of Norfolk, it shall be the responsibility of developers to install, in conformity with plans, specifications and data approved by the city engineer, certain required improvements as follows:

 

(a)   Street improvements.  Paving, including curbs and gutters, shall be completed in all streets in accordance with city standards and in conformance with any official street plan which may be adopted by the city council of Norfolk.  Minimum roadway surface shall be constructed of six (6) inch portland cement concrete or asphaltic concrete equivalent.  Curb and gutter shall be of portland cement concrete.  Minimum width of the paved surface shall be thirty-one (31) feet back-to-back of curb.  Developers may request construction to a minimum width of twenty-seven (27) feet, provided arrangements have been made to restrict parking to one side of the street.

 

EXCEPTION:  Existing county roads adjacent to proposed subdivisions may be paved with a minimum of twenty-four (24) feet portland concrete or asphaltic concrete equivalent.

 

Requirements for paving, including curb and gutter, may be waived when all lots in the subdivision have a minimum frontage width of five hundred (500) feet or contain an area of more than five (5) acres, subject to recommendation by the planning commission and city council approval.  Streets in such subdivisions shall have a crushed rock or gravel surface which meets city specifications.

 

(b)   Staking.  The external boundaries, corners of blocks and lots, all points of curvature and points of tangency shall be monumented by iron rods or pipes of not less than three-quarter-inch diameter, extending at least twenty-four (24) inches below grade.

 

(c)   Grading.  No grading or other construction shall take place within a street right-of-way until such plans are approved by the city engineer.

 

(d)   Water supply.  A water supply system may be provided to connect all lots in the subdivision to a public system, if available.

 

(e)   Street name signs.  Signs of the type in use throughout the city shall be supplied and installed by the developer.

 

(f)    Sanitary sewer.  Sanitary sewers shall be installed to adequately serve all lots in the subdivision, in accordance with standard specification of the City of Norfolk.  In no case shall the minimum diameter be less than eight (8) inches.  Where an approved sanitary system is accessible within three hundred (300) feet of the premises, the developer shall connect thereto.  Where the city determines that an alternate point of discharge into the community system is more feasible for future community development, the developer shall be liable for that portion of the costs that would have been applicable if connection were made at the nearest point of the system.

 

Where an approved system is not reasonably accessible, individual sewage disposal systems may be utilized, in accordance with standard city specifications governing such installations.

 

(g)   Sidewalks shall be constructed in accordance with section 23-42 of this Code.

 

(h)   Storm drainage.  The developer shall provide for adequate surface drainage, including installation of culverts, storm sewers, catch basins and other improvements to adequately handle storm water.  Design shall be sufficient to accommodate a specified storm, as per criteria acceptable to the city engineer.  First floor elevations shall be determined with regard to the one-hundred-year flood boundary.

 

(i)   Other improvements.  The installation of other improvements may be required where deemed necessary in the best interest of the community.

 

(j)   Installation of improvements.

 

(1)       Where a proposed subdivision is contiguous to the corporate limits, it shall be subject to annexation, and the developer shall utilize methods specified in Section A-10 [sic] to install minimum improvements.

(2)       In any subdivision beyond the city limits, the developer shall install minimum required improvements.  The city may require that the developer post a performance bond to cover the cost of the required minimum improvements.

(3)       Forty-eight (48) hours’ notice shall be given to the city engineer prior to the start of construction on any improvements.  The developer’s engineer shall provide the city with a signed certification assuring that improvements have been installed in accordance with the approved plans and specifications. 

 

Source:  Ord. No. 3077, § 3, 7-19-82; Ord. No. 3780, § 3, 4-1-91

Note--See editor’s note, § 23-44.

 

Sec. 23-47.  Additional provisions required for plat approval.

 

No plat shall be approved by the city council until a subdivision agreement shall have been entered into between the developer and the city.  The developer shall prepare such agreement to be approved by the city attorney.  The agreement shall provide for the needs of the subdivision, including, but not limited to, pavement, water mains, sanitary sewers, storm sewers, sidewalks, grading, waste treatment and open space requirements.  The agreement shall set forth the division of costs, where the city is involved in cost sharing for oversized pipe, off-site water and sewer extensions, and shall contain an estimate of these costs.  Any applicable fees for the connection of the subdivision to the city utilities shall be set forth in the agreement.  Security  may be required to assure performance under the agreement.  The agreement shall delineate any modification granted pursuant to the provisions of section 23-48, and specify the time frame for installation of improvements which are deterred temporarily in accordance with the provisions of said section.

 

After a plat has been duly reviewed by the planning commission and approved by the mayor and council, and a subdivision agreement has been submitted and approved by the city, as required in these rules, and after said plat has been duly recorded with the recorder of deeds, as required by law, construction may begin on buildings within the subdivision, upon issuance of a building permit.  No building permit shall be issued within such subdivisions, however, until improvement districts for the construction and installation of curb and gutter, pavement, water and sewer lines have been created in the block upon which said lot fronts or minimum improvements have otherwise been installed as provided for in these regulations. 

 

Source:  Ord. No. 3077, § 4, 7-19-82

Note--See editor’s note, § 23-45.

 

Sec. 23-48.  Modification of requirements.

 

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual condition that the strict application of the requirements contained in these regulations would result in actual difficulties or substantial hardship or injustice, as distinguished from variations for purposes of convenience, profit or caprice, the council, after report by the commission, may vary or modify such requirements so that the developer may develop his property in a reasonable manner, but so that at the same time, the public welfare and [interests of the city and surrounding area are protected and] the general intent and spirit of these regulations preserved.

 

The minimum improvements set forth in this chapter shall be required unless specifically and individually waived by resolution of the city council or exempted pursuant to Sec. 23-42 herein.  If waived, the resolution shall be filed of record against the subject property at the expense of the property owner and shall run with the land.  The waiver of minimum subdivision improvements as provided for by section 23-45 et seq., of Article III, Norfolk City Code, shall be also applicable to all subdivisions platted prior to the effective date of Ordinance 3077, passed and approved July 19, 1982.  Upon notification that any previously-waived requirement has been installed by an owner or developer, and after verification by the city that the original requirement has been met, the city shall file an affidavit of record stating that the original requirement has been met and the waiver is no longer in place.

 

A fee set forth in Section 2-5 of this Code shall accompany each request of waiver of minimum subdivision improvements. 

 

Source:  Ord. No. 3077, § 5, 7-19-82; Ord. No. 3136, § 4, 4-18-83; Ord. No. 4868, § 3, 1-17-06; Ord. No. 5135, § 14, 9-7-10; Ord. No. 5781, § 2, 5-16-22;

Note--See editor’s note, § 23-45.

 

Secs. 23-49--23-50.  Reserved.

 

Sec. 23-51.  Reserved.

 

Editor’s note--Ord. No. 3077, § 1, enacted July 19, 1982, repealed § 11-24-8(B) of the 1962 Code, which had been codified herein as § 23-51; said former section had pertained to standards for pavement width, materials, etc.

 

Sec. 23-52.  Street design.

 

(a)   For the purpose of facilitating the movement of traffic, certain streets are designated by the major street plan as major streets.  A map showing these major streets will be on file in the office of the department of planning and community development and reference shall be made to this system of major streets before any preliminary plan is approved.

 

(b)   When a proposed subdivision abuts a major street, or is bounded by a line that will in the future lie in a major street, or is divided by a major street, as shown on the major street plan, then the owner of that subdivision shall dedicate, without charge, any land within such subdivision that is necessary to provide conformity with the major street plan, such dedication to be shown on the preliminary plan and final plat.

 

(c)   The minimum width of a street shall be sixty (60) feet in all subdivisions; provided, however, that the width of a proposed street may be less than sixty (60) feet in those instances where extensions are being made to existing nonconforming streets or when in the judgement of the planning commission and city council it is impractical to provide a sixty (60) foot street due to the general layout of the subdivision or the physical characteristics of the area.  The office of the city engineer shall be consulted prior to the approval of any street of less width than sixty (60) feet.

 

(d)   The minimum design gradient shall be 0.5 per cent, and the maximum design gradient shall be eight (8) per cent. 

 

Source:  Code 1962, § 11-24-6(B); Ord. No. 5617, § 3, 6-3-19;

 

Sec. 23-53.  Street arrangement.

 

(a)   Unless approved by the planning commission, provision shall be made for the extension of existing dead-end streets.  Off-center street intersections with an offset of less than two hundred (200) feet will not be approved except in unusual cases.  Streets with reverse curves must have a tangent between curves.

 

(b)   Proposed streets shall conform to existing topography as nearly as possible, in order that drainage problems may be reduced.  Streets should, wherever possible, follow valleys so as to form a collection system for surface water. 

 

Source:  Code 1962, § 11-24-6(A)

 

Sec. 23-54.  Relationship of streets to adjoining streets and land.

 

The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions; and where no adjacent connections are platted, must in general be the reasonable projection of streets in nearest subdivided tracts, and must be continued to the boundaries of the tract subdivided, so that other subdivisions may connect therewith. 

 

Source:  Code 1962, § 11-24-6(C)

 

Sec. 23-55.  Dead-end streets.

 

Except in unusual cases, no dead-end streets will be approved unless such dead-end streets are provided to connect with future streets in adjacent land but culs-de-sac may be permitted where the form or contour of the land makes it difficult to plat with connecting streets.  Such culs-de-sac shall provide proper access to all lots and shall generally not exceed four hundred (400) feet in length, and a turnaround shall be provided at the closed end with an outside radius of not less than sixty (60) feet and a paved radius of not less than fifty (50) feet.  Except in unusual cases, culs-de-sac will not be permitted where the turnaround is not clearly visible from the entrance of the street. 

 

Source:  Code 1962, § 11-24-6(E)

 

Sec 23-56.  Block lengths.

 

In general, intersecting streets determining block lengths shall be provided at such intervals as to serve cross traffic adequately and to meet existing or future streets.  Where no existing plats control, the blocks shall not exceed one thousand three hundred twenty (1,320) feet in length. 

 

Source:  Code 1962, § 11-24-6(F)

 

Sec. 23-57.  Alleys.

 

Except in unusual cases, alleys or loading courts must be provided in business blocks.  Alleys are optional in residential districts but are considered undesirable except where alleys of adjoining subdivisions would be closed or shut off from access by the failure to provide alleys in the new subdivision.  Alleys shall have a minimum width of twenty (20) feet.  In case of intersecting alleys a centerline radius of twenty (20) feet shall be required. 

 

Source:  Code 1962, § 11-24-6(G)