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1968-06 Amending Chapter 6 to Provide for Borough Borrow Leases• KODIAK ISLAND BOROUGH ORDINANCE NUMBER 68 -6 -0 AN ORDINANCE AMENDING CHAPTER 6 OF THE BOROUGH CODE OF ORDINANCES AND RESOLUTIONS BY ADDING THERETO SUB- CHAPTER 1 TO PROVIDE FOR BOROUGH BORROW LEASES WHEREAS, Chapter 6 of the Kodiak Island Borough Code of Ordinances and Resolutions provides for the disposal of real property to which the Borough holds title and which in the opinio of the Borough Assembly is not needed for or devoted to a public use and WHEREAS, Section 14 of Chapter 6, provides that leases for a term of five (5) years or with less than a computed annual minimum rental of FIVE THOUSAND AND No /100ths ($5,000.00) DOLLARS may be negotiated or offered at public auction in the discretion of the Borough Assembly and WHEREAS, a certain interest has been evidenced in borrow sites on land tentatively approved for Borough selection located in the Bells Flats area and it is believed that certain requirements should be set forth for the leasing of such lands f such purposes BE IT ORDAINED: Chapter 6 of the Kodiak Island Borough Code of Ordinances and Resolutions is hereby amended by the addition of Sub- Chapter 1 entitled "Borrow Leases" as follows: Sub - Chapter 1 - Borrow Leases Section 1: Whenever any person desires to lease fr the Borough a borrow site he shall submit four (4) copies of his preliminary sketch plan to the planning commission before submiss of the final plan. The preliminary plan shall show and contain: A. The location of present property and section lines, streets, buildings, lakes and water courses. Page One, ORDINANCE NO. 68 -6 -0 B. Any existing water mains, sewer lines and culvert& within the tract or immediately adjacent or within 100 feet thereto. The location and size of the nearest water mains and sewer lines are to be indicated in a general way upon the pla C. The names and adjoining boundaries of all adjo - ing subdivisions and the names of recorded owners of adjoining parcels of the unsubdivided land and vicinity sketch. D. North point, scale and date. E. The plat shall be drawn at a scale of 1" = 20', 1" - 50' or 1" = 100'. Section 2: An application letter shall be submitted stating and including: A. The name and address of the applicant. B. A non - refundable application fee of TWENTY - FI and No /100ths ($25.00) DOLLARS. C. A general location description in rough metes and bounds of the general area. This may be shown and described on the preliminary plat. D. Use material is to be put to i.e., general gravel sales, concrete aggregate, asphalt plant, etc. E. Term of lease - providing, however, it is understood and agreed that any leases for over five (5) years shall require a vote of the public for approval. F. Estimated amount of material to be used per ye G. Suggested rate per yard. Section 3: The preliminary plat, after review by th Borough Engineer or his equivalent under contract, shall be pre- sented to the Planning and Zoning Commission as required by sub- division ordinances for their approval. Section 4. If the preliminary plat is approved by tt Planning and Zoning Commission, then the applicant shall proceed with the final survey, but not before. The final plat shall be prepared and submitted as follows: Page Two, ORDINANCE NO. 68 -6 -0 1 A. The final plat, which shall be on tracing clo or plaaticx in ink or in equivalent reproducible, and four (4) prints thereof, together with copies of any covenants where such restrictions are too lengthy to be shown on the plat, shall be submitted to the Planning and Zoning Commission. All proposed borrow leases shall conform to the current Borough general plan. The Final plat shall be drawn in a neat and accurate manner with border and title block. If more than two (2) sheets are required, an index sheet of the same dimension shall be filed showing the entire borrow lease on one (1) sheet with individual sheet cover- age indicated. The size of the sheets shall be 8 -1/2" x 11 ", 11" x 17 ", 17" x 22" or 22" x 34 ". The final plat shall show: 1. The boundary lines with accurate distances and bearings and the exact location and width of all existing and recorded streets intersecting or adjoining the boundary of the tract. 2. True bearings and distances to the nearest official monuments, which shall be accurately described on the plat. 3. Plane coordinates for at least one lease corner, based on the system utilized by the Borough for all per- manent monuments. 4. The exact layout including: (a) the length of all arcs, radii, intern angles, points of curvature, length and bearing of the tangents for curvalinear streets. (b) all easements for right -of -way provid ing for public services or utilities and any limitations of the easements. Page Three, ORDINANCE NO. 68 -6 -0 (c) all lot numbers and lines with accurst* dimensions in feet and hundredths and with true bearir to minutes all of which shall close to one (1) foot in five thou- sand (5,000) feet. utilities. plat and restrictions. Page Four, ORDINANCE NO. 68-6 -0 (d) the area of the entire area to the nearest square foot. 5. The accurate location, type and material and size of all monuments. There shall be at least one (1) 1 -1/2" x 36" concrete filled galvanized iron pipe with 2" brass monument cap or approved equivalent to each two (2) acres involve (minimum of two). Each corner shall be marked with a 1/2" x 30" galvanized iron pipe or equivalent. All monuments and lot corne shall be properly identified in the field with stamped letters and numbers. No monument shall be more than 1320 feet from another monument. At least two (2) monuments shall be intervisibl 6. Name and address of the Lessee and of the preparer of the plat. 7. North point, scale, and date. 8. The location, size, and type of all prop_ e 9. The basis of bearings. 10. Certification by a registered professional civil engineer or land surveyor to the effect that the plat repre- sents a survey made by him and that all monuments shown thereon actually exist and that their location is correctly shown. 11. The following may be shown on attached sheets if their inclusion on the plat is impracticable but a reference to each shall be made on the plat: (a) Private restrictions and trusteeships and their periods of existence. (b) Acknowledgment of the lessee to the (c) A certificate showing that all taxes have been paid to the date of the filing of the lease. 1 (d) Certificate of approval for the Planning Commission, the Borough Engineer or his equivalent under contract, and the Borough Assembly. (e) A correct legal description by metes and bounds of the exterior boundary of the area being leased. An example of the Statement to accompany the final plat is as found in the subdivision regulations example under 5.4.4 and 5.4.5 of the Kodiak Island Borough Code of Ordinances and Resoluti•n Section 4: The final survey shall also establish a base line for cross section quantities. This base line shall be shown on the final plat along with accurate in feet and hundredths and with true bearings to minutes all of which shall close to one (1) foot in five thousand (5,000) feet to the exterior boundary of the lease. The sections shall be taken at fifty (50) foot intervals and at significant topographic breaks at right angles to the base line and along the base line. Sections are to be drawn on section paper 10" x 10" to the inch on Standard Federal Aid size sheets. The original section field notes shall b submitted to the Borough with the final plat. Section 5: When all data has been approved by the Borough Engineer or his equivalent under contract and submitted to the Planning and Zoning Commission and Assembly and has received final approval, the applicant shall pay the minimum annual lease fee and a lease shall be issued. Section 6. The lease fee shall be ONE THOUSAND TWO HUNDRED and No /100ths ($1,200.00) DOLLARS minimum per year. A. The ONE THOUSAND TWO HUNDRED and No /100ths ($1,200.00) DOLLARS minimum lease payment per year shall apply to yardage used for that year, to be determined as follows: Page Five, ORDINANCE NO. 68 -6 -0 1. Sections shall be taken yearly during the thirty (307 days prior to the anniversary date and yardage corny to the nearest cubic yard. These sections shall be taken by a registered land surveyor or registered engineer and his stamp affixed thereto that he will be responsible for the accuracy at the time the sections were taken. The applicant shall then pay f the cubic yards used during the previous year, less the ONE THOU- SAND TWO HUNDRED and No /100ths ($1,200.00) DOLLARS. In the event that the yardage value used is less than ONE THOUSAND TWO HUNDRED and No /100ths ($1,200.00) DOLLARS no refund will be made. 2. The applicant shall be required to maintai execavation slopes at a grade which will stand, but in no case shall the slope be steeper than 2 to 1, excepting for a 150 -foot maximum width working face. The applicant may use inorganic over burden and stripped inorganic material to backfill against the bank make the slopes. The top of the slope on the bank may not be closer than 10 feet to any property or boundary line. 3. No account shall be given for stripped me ial in original sections. Inorganic stripping and overburden may be stockpiled and returned to pit. Thus the applicant shall be given credit for landscaping and maintaining a presentable and saf area. 4. Organic material is to be completely dis- posed of by burning or removal from site for disposal elsewhere an is not to be buried on the site. 5. The maximum area to be leased shall be twenty (20) acres and the minimum area shall be three (3). 6. The lease shall be non - transferable without written permission of the Borough Assembly. The application for transfer shall be made to the Borough Assembly in writing and shal state: Page Six, ORDINANCE NO. 68 -6 -0 d (a) the name and address of the transferee (b) an acknowledgment that the transferee will abide with all of the provisions and conditions of the origin lease. 7. The Borough Engineer or his equivalent under contract shall be responsible to see that the provisions for borrow leases are carried out as set forth herein. 8. Leases shall be on a calendar year basis to facilitate obtaining accurate quantity measurement. Renewal of a lease may be issued by the Borough Chairman upon payment of the annual lease fee and written certification by the Borough Engineer or his equivalent under contract that the lessee has met the terms the lease for the previous year. Section 7: Persons desiring materials for personal us may by application to the Kodiak Island Borough be issued a free use permit subject to the following limitations: 1. The permit will authorize the removal of not to exceed one hundred (100) cubic yards per calendar year, for personal use only. 2. The materials will be removed only from the source designated in the permit. 3. The permit will be non - transferable, except to a borrow site lessee. 4. Any borrow site lessee removing materials fro his site for a permit holder can present such permit for credit along with his computations as set forth in Section 6 above. Section 8: Use of property contrary to provisions o this Ordinance shall be and the same is hereby declared to be unlawful and a public nuisance and the Borough Attorney shall upon the order of the Borough Assembly immediately commence action or actions, proceeding or proceedings for the abatement, removal and Page Seven, ORDINANCE NO. 68 -6 -0 enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such Court or courts as may have jurisdiction to grant such relief as will abate such nuisa. and restrain and enjoin a person from using any property contrary to the provisions of this ordinance. All remedies provided for herein shall be cumulative and not exclusive. Section 9: Penalties. It shall be unlawful and deemed a violation of the provisions of this Ordinance for any person, corporation or association to remove borrow material from any area other than that designated and authorized by the Kodiak Island Borough Assembly and any person, firm, corporation or association removing borrow material from any area other than that designated by the Kodiak Island Borough Assembly or without the authority of the Kodiak Island Borough as herein provided shall be deemed guilty of a misdemeanor and upon conviction thereo shall be fined not more than Three Hundred and No /100ths ($300.00) • DOLLARS or imprisoned in jail not both such fine and imprisonment. such person, firm, corporation or separate and distinct violation and subject to an additional fine and additional imprisonment or both fine and imprisonment. Section 10: Severability. In the event any portion, section, sub- section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competant jurisdiction, such decision sha not effect the validity of the remaining portions of this Ordinanc This Ordinance shall become effective thirty (30) days after its adoption. ATTEST ;/f, BOROT GH 6 First reading public hearing !.. Vii. yfa, BOROUGH CHAIRMAN d a roval date May 2, 1968 and passage date: May I pp : second 6 1968. Page Eight, ORDINANCE NO. 68 -6 -0 to exceed thirty (30) days or Each and every separate act of association shall be deemed a KODIAK ISLAND �BOROUGH BY: ..4 L I PRES D NG OFFICER reading,