§ 15-901 — Extraterritorial zoning jurisdiction; corporate limits; real estate; subdivisions; platting; standards; approval of city planning commission required; bond; appeal

Nebraska § 15-901

• Jurisdiction: Nebraska
• Ch. 15: Cities of the Primary Class

Text

(1) Except as provided in section 13-327 , the extraterritorial zoning jurisdiction of a city of the primary class shall consist of the unincorporated area three miles beyond and adjacent to its corporate boundaries.
(2) No owner of real estate located within the corporate limits of any city of the primary class or within the extraterritorial zoning jurisdiction of any city of the primary class, when such real estate is located in the same county as the city and outside of any incorporated city or village, shall be permitted to subdivide, plat, or lay out the real estate in building lots and streets, or other portions of the real estate intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto, without first having obtained approval by the city planning commission and, when applicable, having complied with sections 39-1311 to 39-1311.05 . No plat or subdivision of such real estate shall be recorded in the office of the register of deeds or have any force or effect unless such plat or subdivision is approved by the city planning commission. A city of the primary class shall have the authority within its corporate limits and extraterritorial zoning jurisdiction to regulate the subdivision of land for the purpose, whether immediate or future, of transferring ownership or building development, except that the city shall have no power to regulate subdivision in those instances where the smallest parcel created is more than ten acres in area. A city of the primary class shall have the authority within its corporate limits and extraterritorial zoning jurisdiction to prescribe standards for laying out subdivisions in harmony with the comprehensive plan; to require the installation of improvements by the owner, by the creation of public improvement districts, or by requiring a good and sufficient bond guaranteeing installation of such improvements; and to require the dedication of land for public purposes.
(3) For purposes of this section, subdivision shall mean the division of a lot, tract, or parcel of land into two or more lots, sites, or other divisions of land for the purpose, whether immediate or future, of ownership or building development, except that the division of land shall not be considered to be subdivision when the smallest parcel created is more than ten acres in area.
(4) Subdivision plats in a city of the primary class shall be approved by the city planning commission on recommendation by the city planning director and public works and utilities department. The city planning commission may withhold approval of a plat until the public works and utilities department has certified that the improvements required by the regulations have been satisfactorily installed, until a sufficient bond guaranteeing installation of the improvements has been posted, or until public improvement districts are created. The city council may provide procedures in land subdivision regulations for appeal by any person aggrieved by any action of the city planning commission or city planning director on any plat.

Legislative History

Source: Laws 1929, c. 49, § 1, p. 204; C.S.1929, § 15-1001; R.S.1943, § 15-901; Laws 1959, c. 40, § 2, p. 219; Laws 1963, c. 57, § 1, p. 238; Laws 1980, LB 61, § 2; Laws 1993, LB 39, § 3; Laws 2003, LB 187, § 3; Laws 2020, LB1003, § 153. Annotations: This section does not authorize a city to require a developer to pay the cost of widening a street, while, at the same time, prohibit the developer's subdivision from having direct access to that street. Briar West, Inc. v. City of Lincoln, 206 Neb. 172, 291 N.W.2d 730 (1980). This section does not authorize cities to use subdivision control as a device to evade constitutional prohibitions of taking of property without compensation. Briar West, Inc., v. City of Lincoln, 206 Neb. 172, 291 N.W.2d 730 (1980). Approval of plat by municipal authorities is not required where there is no subdivision of land, no dedication of roadways, and no sale of lots to others. Reller v. City of Lincoln, 174 Neb. 638, 119 N.W.2d 59 (1963).