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