FY2020-02 Amending Various Chapters of Title 16 Subdivision1
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Introduced by: P&Z
Drafted by: CDD Director
Introduced on: 07/18/2019
Public Hearing Date: 09/19/2019
Amended: 09/19/2019
Adopted on: 09/19/2019
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2020-02
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
VARIOUS CHAPTERS OF TITLE 16 SUBDIVISION
WHEREAS, AS 29.40.070 provides that the Assembly shall, by ordinance, adopt platting
requirements; and
WHEREAS, AS 29.40.080 provides that the Assembly shall establish a platting authority to
administer subdivision regulations; and
WHEREAS, the Assembly has designated the Planning and Zoning Commission and the
Community Development Director the platting authority for preliminary and abbreviated plats,
respectively; and
WHEREAS, Title 16 (Subdivision) of the Kodiak Island Borough Code has was last extensively
updated by Ordinance No. 90-15; and
WHEREAS, the Planning and Zoning Commission and the Community Development
Department believe that amendments to Title 16 (Subdivision) will provide for necessary updates,
procedural clarity, and expanded development options; and
WHEREAS, the Planning and Zoning Commission reviewed amendments to Title 16
(Subdivision) at work sessions on December 12, 2018, January 9, 2019, February 13, 2019, April
10, 2019, and May 8, 2019; and
WHEREAS, after public hearings on May 15, 2019 and June 19, 2019, the Planning and Zoning
Commission voted to transmit the proposed amendments to the Assembly for consideration; and
WHEREAS, the Assembly reviewed amendments to Title 16 (Subdivision) at work sessions on
July 25, 2019, August 8, 2019, and August 29, 2019; and
WHEREAS, the Assembly held a public hearing on September 5, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Kodiak Island Borough, Alaska
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Ordinance No. FY2020-02
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Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: That Kodiak Island Borough Code Chapter 16.10, General Provisions, is amended to
read as follows:
Chapter 16.10
GENERAL PROVISIONS
16.10.030 Scope and jurisdiction.
A. This title governs the subdivision of all land within the borough. No subdivision plat requiring
borough approval shall be recorded unless approved by the borough or a standard subdivision
agreement has been executed with the borough.
B. These subdivision regulations do not apply to any lot or subdivision legally created and filed
for record prior to the effective date of these regulations, nor to subdivisions given preliminary or
final approval by the commission under the previously existing title, except in the instance of
further subdivision of existing lots or tracts.
C. The owner or agent of the owner of land located within a subdivision who transfers, offers to
s�_sells, or enters into a contract to sell land in a subdivision before a plat of the subdivision has
been approved and recorded is guilty of a misdefm eager violation and upon conviction is
punishable by a fine of not more than $300.00 for each lot or parcel transferred, offered for sale,
sold, or included in a contract to be sold. The borough may enjoin such a transfer, sale offer,
sale, or contract to sell and may recover the penalty by appropriate legal action.
D. No agency of the state or local government may acquire property through the process of
eminent domain which results in a boundary change unless the agency or local government first
obtains from the commission preliminary approval of the replat showing clearly the location of the
proposed public streets, easements, rights-of-way, and other taking of private property.
Final approval of the replat shall be obtained within six months of the acquisition. The commission
shall treat applications for replat made by state or local governmental agencies in the same
manner as replat petitions originated by private land owners.
E. No person may file a plat or seek to have a plat filed unless it bears the approval of the bereugh
platting authority. A person who knewingiy violates this requirement is punishable upon
conviction by a fine of not more than $300.00.
F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title,
any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of
any plat or other entitlement approved under this title, and to obtain damages for any injury the
plaintiff suffered as a result of the violation. An action for injunction under this section may be
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brought notwithstanding the availability of any other remedy. Upon application for injunctive relief
and a finding of an existing or threatened violation, the superior court shall enjoin the violation.
16.10.050 Waivers.
No subdivision shall be approved by the borough except upon the submission of a plat prepared
in accordance with Chapters 16.30, 16.40and 16.50 KIBC, except that:
A. Pursuant to AS 29.40.090(b), the community development department director shall waive the
preparation, submission for approval, and recording of a plat upon satisfactory evidence that the
subdivision meets the following requirements:
1. The subdivision may divide a single lot into not more than four lots. Each lot created by the
subdivision must be five acres or larger in size;
2. The subdivision must provide legal and physical access to a public highway or street for each
lot created. For purposes of this section, practical access to a navigable waterway is equivalent
to access to a public highway. A waiver applicant must demonstrate to the community
development department director that proposed access can be constructed practically and
economically from any navigable waterway to a building site that is consistent with the
requirements of KIBC Title 17, Zoning;
3. The subdivision may not contain or require the dedication of a street, right-of-way, or other
area;
4. The subdivision may not require a vacation of a public dedication of land or a variance from a
subdivision regulation; and
5. A waiver application must include a certificate by the clerk that all taxes assessed and due
against the property and in favor of the borough have been paid in full.
B. Application for a waiver shall contain a sketch depicting the lots to be created, the general
location of the lots to be created (vicinity map), adjoining parcels, and proposed access.
C. Completed applications will be reviewed by the community development department director
within five working days. The community development department director shall approve the
waiver if it meets the requirements of state law and sign a "certificate of waiver" approving
the subdivision.
D. The land subdivided on a waiver application shall be considered to be developed for purposes
of property taxation on the date that the waiver application is approved by the community
development department director, unless the subdivided property is a remainder parcel.
E. The following subdivisions of land are exempt from the borough subdivision regulations and
the application and review procedures of this section:
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1. Subdivision and conveyance of land which is mandated by federal law (for example, a
reconveyance required under Section 14(c) of the Alaska Native Claims Settlement Act); and
2. Cadastral plats, cadastral control plats, open -to -entry plats, or remote parcel plats created by
or on behalf of the state of Alaska regardless of whether these plats include easements or other
public dedications.
F. An Mylar- 18 inch by 24 inch or 24 inch by 36 inch paper copy of the instrument in lieu of
a plat which creates the subdivision, any survey or other boundary and legal description
document meeting the requirements for a certificate of waiver prepared for any property
waived or exempted under this section shall be provided to the community development
department as satisfactory evidence that the subdivision meets the requirements of this
section, and may be used for recording the subdivision.
Section 3: That Kodiak Island Borough Code Chapter 16.20, Definitions, is amended to read as
follows:
Chapter 16.20
DEFINITIONS
16.20.040 C definitions.
"Certificate of waiver" means a written instrument in lieu of a plat which creates a
subdivision. It contains the approval of the community development director as provided
for in KIBC 16.10.050(C), the legal description of the parcels created by aliquot parts or an
attached certificate of survey, is executed by the owners of the property affected, and
certified and recorded by the community development director or designee.
"Commission" means the body designated by the assembly to be the platting authority for the
Kodiak Island Borough.
"Community development department director" means the director of the Kodiak Island Borough
community development department, or designee.
"Cul-de-sac" means a street having one end open to traffic and being permanently terminated at
the other end by a vehicle turnaround.
16.20.130 L definitions.
"Lot" means a measured portion of a parcel or tract of land which is described and fixed on a plat
or other subdivision filed for record or a legally described parcel of land conveyed pursuant to
federal law, including conveyances under the Alaska Native Claims Settlement Act.
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A. Corner Lot. A lot located at the intersection of two or more streets where the angle of
intersection of the lot lines abutting those streets does not exceed 135 degrees.
B. Double Frontage Lot. A lot other than a corner lot with frontage on more than one street.
C. Flag Lot. A lot where access to the public road right-of-way is provided by a narrower
extension of the lot encompassing a driveway (commonly referred to as a flag stem).
6 D. Lot Depth. The distance between straight lines connecting the side lot lines, measured
between the midpoint of such lines, except that such measurement shall not extend outside the
lot lines of the lot being measured.
1. When calculating flap lot depth, the narrower extension of the lot that provides access
to the public road right-of-way (flag stem) shall be excluded.
13 E. Lot Frontage. All property abutting the right-of-way of a dedicated street, private street, or
road easement measured along the right-of-way between the side lot lines of a lot. In no case
shall the line along an alley be considered as lot frontage. For parcels that are only legally
accessible by navigable waterways, the lot frontage shall be all property that abuts said
waterway at mean high water (waters subject to tidal action) or ordinary high water (waters
not subject to tidal action).
€ F. Lot Line. The fixed boundaries of a lot described by survey located on a plat or other
subdivision filed for record.
F G. Lot Line, Front. That boundary of a lot measured along the edge of the right-of-way of a
dedicated street, private street or road easement which abuts that line. In the case of a corner lot,
either line which meets the above description provided the other is considered to be a side lot
line. For parcels that are only legally accessible by navigable waterways, the front lot line
shall be that boundary of the lot measured along the edge of said waterway at mean high
water (waters subiect to tidal action) or ordinary high water (waters not subiect to tidal
action).
6 H. Lot Line, Rear. That boundary of a lot which is most parallel to the front lot line and does not
intersect the front lot line. In the case of a triangular lot, a line 20 feet in length within the lot parallel
to and at the maximum distance from the front lot line.
(d I. Lot Line, Side. That boundary of a lot which is neither a front nor rear lot line.
1 J. Lot Width. The distance between straight lines connecting front and rear lot lines at each side
of the lot, measured between the midpoints of such lot lines except that such measurement shall
not extend outside the lot lines of the lot being measured.
1. When calculating flag lot width, the narrower extension of the lot that provides access
to the public road right-of-way (flap stem) shall be excluded.
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16.20.170 P definitions.
"Parcel" means a lot in single ownership or under single control
usually considered a unit for the purposes of development.
"Plat" means a map or chart of a surveyed subdivision of land.
A. Sketch. An informal plan or sketch drawn to scale and in pencil, if desired, showing the existing
features of a site and its surroundings and the general layout of a proposed subdivision.
B. Preliminary Plat. A map showing the salient features of a proposed subdivision of land
submitted to the commission for purposes of preliminary consideration and approval.
C. Final Plat. A map of a subdivision of land made up in final form ready for approval and filing.
"Platting authority" means the planning commission, or in the case of waivers and
abbreviated plats, means the community development director.
Section 4: That Kodiak Island Borough Code Chapter 16.30, Abbreviated Plat, is amended to
read as follows:
Chapter 16.30
ABBREVIATED PLAT
16.30.010 Use of abbreviated plat.
The abbreviated plat procedure may be used in those instances where the subdivision is of a
simple nature and meets the specific requirements of this chapter. Preliminary and final plat
approval for abbreviated plats may be granted by the community development department
director.
16.30.020 Eligible preliminary plats.
The following subdivisions, except any such subdivision where the Kodiak Island Borough
is the applicant, may be submitted for preliminary plat approval by the abbreviated plat
procedure:
A. Plat alterations. Eligible plat alterations require The movement, addition, or elimination of
lot lines within filed, surveyed subdivisions that do not: result in the creation of more than four
lots, parcels, or tracts; create a substandard lot: create non -conforming structures in
relation to minimum setbacks, lot coverage or other development requirements: or deny
adequate vehicle and utility access to and from any lots or tracts affected by the alteration
or adjacent to it.
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B. Abbreviated Plat. Eligible plats meet the criteria in AS 29.40.090(a) which will:
Subdivisiea subdivide of a single tract, parcel, or lot into four or fewer lots eRee eveFy two yeafs•
provide legal and physical access to a public highway or street for each lot created by the
subdivision: not contain or require dedication of a street, right of way, or other area; and
not require a vacation of a public dedication of land or a variance from a subdivision
regulation.
C. An aliquot part subdivision of lots 10 acres or greater which meets the requirements of KIBC
16.30.050(C) and (D).
D. The platting of a vacation approved by the commission under KIBC Chapter 16.60; provided,
that only the vacation is to be depicted and no other alteration of the plat is sought or required by
the borough.
E. Subdivision of a cemetery.
F. A subdivision plat created for government agency acquisition of a street right-of-way.
16.30.040 Action.
A. The platting authority for the abbreviated plat procedure is vested in the community
development department director. The community development department director shall, within
20 working days of acceptance of the plat, approve or deny the plat, or schedule the plat to be
heard as a preliminary plat by the commission at the next appropriate monthly meeting. All
approvals or denials will be reported to the commission.
B. Accepted abbreviated plats shall be sent to appropriate review agencies for review and
comment. Comments from the review agencies must be in writing and received by the community
development department director within 15 working days of acceptance of the plat. Notice of the
proposed abbreviated plat shall be provided as required in KIBC 16.10.070 within five
working days of acceptance of the plat.
C. Approval of an abbreviated plat shall be effective for a period of 24 months; provided, however,
that the community development department director may grant an extension of time for filing the
final plat upon a finding that it is in the public interest to do so.
D. All decisions of the community development department director as to the approval or denial
of the abbreviated plat shall be final unless appealed to the commission within 10 working days
of receipt of notification of action on the plat. Any appeal to the commission shall be conducted
as a preliminary plat application.
E. Final plat requirements shall be as set forth in Chapter 16.50 KIBC.
16.30.050 Approval criteria.
Abbreviated plats shall meet the following minimum requirements:
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A. All lot design criteria of KIBC 16.40.050.
B. The eligibility requirements of KIBC 16.30.020.
C. No subdivision shall:
1. Allow a change in the permitted use to which the lot or tract may be devoted under existing
zoning;
2. Alter or vacate a dedicated street, right-of-way, or other public area, or require additional
dedication except as permitted for abbreviated plats under KIBC 16.30.020(D) and (F);
3. Deny adequate access to and from all lots or tracts created by the subdivision or those adjacent
to it; or
4. Create a residential lot smaller than the minimum size for the zoning district.
D. Aliquot part subdividers may be required to demonstrate to the community development
department director that proposed access can be constructed practically and economically within
any proposed access easement.
Section 5: That Kodiak Island Borough Code Chapter 16.35, Commercial Tracts, is amended to
read as follows:
Chapter 16.35
COMMERCIAL TRACTS
16.35.010 Intent.
A commercial tract may be created and divided into fragment lots in order to facilitate financing
or construction of commercial developments requiring multiple phases of construction.
Designation of commercial tracts shall be allowed only for buildings constructed under the
shopping all provisions of the adopted building code for commercial
structures in the RB -Retail Business, B -Business, LI -Light Industrial or I Industrial zoning
districts.
16.35.030 Action.
A. If the application and submittal requirements have been met within five working days after the
deadline established for the commission agenda, the community development department
director shall accept the commercial tract application for review by the commission at the next
regular meeting.
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B. Accepted commercial tract applications shall be sent to official review agencies established
designated by the commission for review and comment. Comments from the review agencies
must be submitted in writing and received by the community development department director
nine working days prior to the commission meeting at which the commercial tract application will
be considered.
C. The engineering and facilities department director and community development department
director shall make recommendations and comments in writing to the commission no later than
six working days prior to the commission meeting at which the commercial tract application will
be considered.
D. The commission shall approve or disapprove a commercial tract application 60 days after it is
filed or shall return it to the applicant for modification or correction, unless the applicant for
commercial tract approval consents to an extension of time. The commission shall adopt specific
findings of fact and reasons for its action on the commercial tract application. The applicant shall
be notified in writing of the action and findings of the commission within five working days.
E. The approval of a commercial tract application shall be effective for a period of 24 months from
the date of approval, notwithstanding the provisions of any subsequent change in this title and
KIBC Title 17, Zoning. After this time the commercial tract approval shall become null and void
unless an extension of time is granted, at the request of the applicant, by the commission prior to
the expiration of the approval. A time extension will not be granted if a reevaluation of the
approved commercial tract site plan indicates that conditions have changed substantially since
the time when the commercial tract site plan was originally approved.
F. All decisions as to the approval or denial of the commercial tract application by the commission
shall be final unless a request for reconsideration or an appeal is brought pursuant to Chapter
16.90 KIBC.
G. The requirements for completion and recording of the final commercial tract site plan are the
same as the final plat requirements set forth in Chapter 16.50 KIBC.
Section 6: That Kodiak Island Borough Code Chapter 16.40, Preliminary Plat, is amended to
read as follows:
Chapter 16.40
PRELIMINARY PLAT
16.40.040 Data required.
The preliminary plat shall include the following information:
A. Date, scale, and north arrow;
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B. The approximate acreage or square footage and dimensions of each lot of the proposed
subdivision and the number of lots contained therein. Calculations of lot areas to meet zoning
district area regulations shall not include any land subject to tidal action below the mean high tide
line;
C. Name of the proposed subdivision;
D. Names and addresses of subdivider(s) and the preparer of the plat;
E. Location map of the subdivision, giving the number of the section, township, range, and U.S.
survey, if applicable, to which reference may be made;
F. A property map of the proposed plat areas, including:
1. The location of all property lines;
2. A topographic survey with contours at suitable intervals (generally five feet), unless the plat is
a reversion to acreage, is a minor change to existing lot lines, or vacates existing lot lines, rights-
of-way, or easements. Topographical surveys must be done on an accepted, established vertical
datum. Government -prepared topographic data is acceptable to meet this requirement, if no
changes to site topography have taken place since the date of the topographic survey;
3. The general location of streams, lakes, swamps, and drainage courses, including the location
of floodplain areas;
4. Dedicated rights-of-way, patent reserves, road easements and reservation, and other
constructed roadways located within and abutting the area to be platted, including right-of-way
widths;
5. Section lines, if surveyed. Protracted section lines may be shown with a dashed line outside of
U.S. surveys or other surveys that were established before the section lines were surveyed.
Protracted section lines are not to be shown within U.S. surveys;
6. Adjacent unsurveyed property lines shall be shown with a dashed line to show their general
relation to the proposed plat. Adjacent surveyed property lines shall be shown with a solid
line of lighter weight than those lines that identify the boundaries of the platted area; and
7. The location of known existing facilities and structures within the proposed subdivision, such
as buildings, sewage system, utility easements of record or in use, excavations, bridges, culverts,
water systems, and wells;
G. Streets, street names, public and private rights-of-way and roadway widths, and other right-of-
way easements within the plat showing location, width, and purpose;
H. Mean high water line on all lands affected by tidal action;
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I. Lot lines and lot designations by lot and block numbers;
J. Designation of any lots proposed for zero -lot -line development;
K. Designation of proposed parks, playgrounds, schools, and other public uses;
L. The copy of the plat of record or the district recorder's plat number, if available; and
M. A soils report, prepared by a professional engineer, geologist or other person with
demonstrated training in soils mechanics may be required when deemed necessary by the
commission. Said report will be required only when indicated on the basis of observable
conditions of the land related to proposed development density or use, topography, soil
conditions, drainage or other similar site conditions. Said report should describe the soil
conditions using the Unified Soil Classification System and identify foundation and grading
problems associated with the soil, such as ground water and bedrock depth. The report should
provide soils engineering guidelines for development including recommendations for subsurface
drainage and excavation of unsuitable materials, if appropriate.
N. For subdivisions not served by public wastewater disposal and water supply systems,
a report, prepared by an Alaska licensed professional engineer or certified wastewater
treatment and disposal system installer, may be required when deemed necessary by the
Community Development Director (for abbreviated plats) or Commission (for preliminary
plats). Said report will be required only when indicated on the basis of observable
conditions of the land related to proposed development density or use, topography, soil
conditions, drainage or other similar site conditions. Said report must state that each lot
within the subdivision is capable of accommodating the installation of an Alaska
Department of Environmental Conservation approved onsite wastewater disposal system
and water well.
16.40.050 Lot design and improvements — Required procedure.
A. The size and shape of lots shall be such as to provide usable building sites appropriate for the
locality in which the subdivision is located. The following items, among others, may be taken into
consideration by the commission in determining the appropriateness of the subdivision for the
locality in which the subdivision is located:
1. Adequacy of access for additional traffic volume;
2. Adequacy of access from a safety standpoint (e.g., road grades, line of sight considerations);
3. Potential drainage problems;
4. Neighborhood character (e.g., existing development characteristics, including the size and
shape of existing lots, the extent of existing development, and the topography in the
neighborhood), d.
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B. Lots shall also meet, at a minimum, all of the following criteria:
1. Minimum lot sizes and widths shall conform to the requirements of the borough zoning
ordinance unless a variance from the zoning requirements is granted by the commission;
2. Double frontage lots shall not access onto designated collector or arterial streets and will
generally only be allowed where topography allows no reasonable alternative;
3. Two typesef f Flag lots are allowed, as follows:
a. Type ' fir A single stem flag lot shall have a stem width of no less than 30 feet. Any
single stem flag lot with a stem width of less than 40 feet shall have a note on the final plat
that specifically prohibits future subdivision of the lot.
b. Type 11 flag let: A single stem flag lot with a minimum stem width of 40 feet may be further
subdivided into two flag lots with adjacent stems of no less than 20 feet each: and
c. No more than two flag lots with adiacent stems are permitted. More than one pair of
such lots are allowed in a subdivision provided they are configured in a manner that does
not result in more than two adjacent stems. Any final plat that creates two flag lots with
adiacent stems shall have a note that specifically prohibits future subdivision of the
subject lots, regardless of stem width.
4. The driveway access standards of Chapter 15.35 KIBC;
5. The fire apparatus access road requirements of the adopted fire code per Chapter 15.30
KIBC;
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6. The utility installation requirements of KIBC Title 13, Utilities;
7. No individual electric service line may cross private property other than the lot which
the utility connection services unless such a crossing is located within a recorded
easement;
7 8. Lots platted with a common wall or zero lot line intent shall be designated as such on the final
plat; and
8 9. All lots should have frontage on a dedicated public right-of-way or navigable waterway.
Generally, access easements may be allowed only when the property proposed for subdivision is
accessed by an easement or has no dedicated public access. Lots greater than 10 acres and
described as an aliquot part may be provided access through an easement which has been
approved as to form by `fey and as to adequacy by the community development
director (for abbreviated plats) or by the commission (for preliminary plats).
C. Subdivisions are also required to meet the improvement standards contained in Chapters
16.70 and 16.80 KIBC.
16.40.060 Procedure.
A. The community development department director shall review the preliminary subdivision plat
for completeness within five working days of receipt. If the plat does not meet the requirements
of KIBC 16.40.020 through 16.40.050, the community development department director shall
notify the subdivider and surveyor in writing stating the additional information required.
B. If the community development director accepts the application and submittals as
complete and the application meetings the requirements of the code, the application shall
be placed on the next regular planning and zoning commission meeting agenda for which
the packet deadline has not vet passed.
C. An accepted preliminary plat shall be sent to official review agencies established by the
commission for review and comment. In order to be considered in the engineering and
facilities department director and community development director's review and
recommendations on the application under subsection D of this section. Gcomment from
the review agencies must be submitted in writing to the community development department
director nine working days prior to the commission meeting at which the plat will be considered.
D. The engineering and facilities department director and community development department
director shall make recommendations and comments in writing to the commission no later than
six working days prior to the commission meeting at which the plat will be considered.
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E. The commission shall approve or disapprove a plat 60 days after it is filed or shall return it to
the applicant for modification or correction, unless the applicant for plat approval consents to an
extension of time. The commission shall adopt specific findings of fact and reasons for its action
on the plat. The subdivider shall be notified in writing of the action and findings of the commission
within five working days.
F. The approval of the preliminary plat shall be effective for 24 months from the date of approval,
notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning
ordinance, or zoning districts.
After this time, the preliminary plat shall become null and void unless an extension of time is
granted, at the request of the subdivider, by the commission prior to the expiration of the
preliminary plat. A time extension will only be granted if a reevaluation of the preliminary plat
indicates that conditions are substantially the same as when the preliminary plat was originally
approved.
A preliminary plat may include two or more phases; provided, that each phase shall be developed
successively and each phase shall be subject to the then -current improvement standards of this
title. The commission may require a final plat to be brought before the commission for final review
and/or approval as a condition of preliminary approval.
G. All decisions as to approval or disapproval of a preliminary plat by the commission shall be
final unless a request for reconsideration or an appeal is brought pursuant to Chapter 16.90 KIBC.
H. The community development department will grant an automatic extension of the preliminary
plat approval if the subdivision has been denied access to a public sewer and water system, when
access is required as a condition of plat approval. An applicant for an automatic extension must
provide documentation of the denial of access to the community development department. An
automatic extension is valid until one year after access to the system is permitted. (This
subsection is effective from April, 1991.)
16.40.070 Dedications.
The commission may require, by majority vote, dedication of land for rights-of-way and sewer,
water, utility and access easements within the subdivision as a condition of approval. Any
dedicated land or easements must be depicted on the final plat. No land within a subdivision may
be reserved as a common use area to the owners of parcels within the subdivision unless the
subdivider provides a covenant approved by the commission and the attorney which provides for
the payment of real property taxes on the parcel to be reserved (e.g., the covenant could provide
that adjacent property owners would be assessed a prorated amount of the real property taxes
on the parcel to be reserved).
Section 7: That Kodiak Island Borough Code Chapter 16.50, Final Plat, is amended to read as
follows:
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Chapter 16.50
FINAL PLAT
16.50.010 Final plat procedure.
A. The final plat shall comply with the requirements of this chapter and shall be submitted to the
community development department director within 24 months of preliminary plat approval.
B. The final plat shall be approved by the community development department director when the
final plat meets the conditions of preliminary approval, the requirements of this chapter and
Chapters 16.70 and 16.80 KIBC as required, except that the commission reserves the right to
require final review by the commission at its discretion. The final plat may be approved prior to
the completion of the improvements required in Chapters 16.70 and 16.80 KIBC upon execution
of a siaadafd subdivision agreement between the subdivider and the borough under Section
16.50.015. The community development department director shalt report approvals at the next
regular commission meeting.
1. The community development department director shall approve or deny the final plat within 20
working days after acceptance and shall notify the subdivider by letter of the action with an official
statement of findings and reasons for the action. Final plats submitted by native corporations
subject to PL 100-241 shall be approved or denied within 45 working days after acceptance due
to the federal requirement that tax information be provided to the corporation 30 days prior to
approval of the final plat.
2. A final plat differing substantially from the approved preliminary plat shall require submittal to
the commission for public hearing and approval. The community development department director
shall make comments and recommendations in writing and shall submit them to the commission
at least six working days prior to the commission meeting to consider the final plat.
3. If action is not taken on the plat within 20 working days from the date of acceptance, the plat
shall be deemed to have been approved and the statement of plat approval designated in KIBC
16.50.050(D) shall be issued on demand; however, the applicant for plat approval may consent
to the extension of such period.
4. Upon approval of a final plat and signing by the manager and the clerk as provided in KIBC
16.50.050, the original shall be filed with the district recorder within two working days by the clerk.
C. The final plat shall constitute only that portion of the approved preliminary plat which is
proposed to be recorded and developed at the time.
D. Approval of the final plat shall be dependent upon receipt of the following a certificate to plat
issued by a licensed title insurance company prepared within six months of the date the
final plat is submitted, showing the legal and equitable owners (including mortgagees,
deed of trust beneficiaries, contract purchasers and fee owners) of the land to be platted,
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plus all grants, reservations, covenants, deed restrictions, and easements of record which
may condition the use of the property.
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_ _ . - - • - • - - -
16.50.015 Subdivision agreements for required improvements.
A. Completion of Improvements. Before a final plat of subdivision may be approved. all
subdividers shall complete, in accordance with the preliminary plat and KIBC Chapters
15.70 and 15.80, all street, sanitary, and other improvements required as a condition of the
approval, or conditional approval, of the preliminary plat, or otherwise required by this title
or law, and to dedicate the same free and clear of any and all liens and encumbrances on
the property and public improvements so dedicated.
B. Agreement to Improve. The planninq commission, in its sole discretion, may waive the
requirement that the subdivider complete and dedicate all improvements prior to the
approval of the final subdivision plat provided the subdivider enters into one of the
agreements to improve provided in subsection (13)(1) or (13)(2) of this section and deposits
the improvement security provided in subsection (F) of this section:
1. A written agreement with the borough to thereafter construct and to install all such
improvements at the subdivider's expense. Such agreement shall include, but not be
limited to, the following provisions:
a. Designation of the required public improvements to be constructed;
b. Any performance or other schedule of completion required by the planning commission;
c. A provision providing the borough with an adequate guarantee for the completion of
required public improvements and for warranties of all improvements for a period of one
year from date of approval;
d. A warranty that the subdivider has title to the subdivision property and the authority to
execute the subdivision agreement.
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2. A written _agreement with the borough to thereafter initiate and consummate local
improvement district proceedings for the financing and completion of all such
improvements, and if not completed under such local improvement district proceedings,
to complete such improvements at the subdivider's expense not later than the date
required for improvements to be installed as provided in this title.
3. To assure the installation of required public improvements which are not completed and
approved at the time the final plat is approved and recorded, the planning commission
serving as the platting authority, and the agreement to improve, shall require the
subdivider to guarantee the completion of all such improvements by one or more of the
methods specified in subsection (F) of this section. The means of guarantee may be
changed during the guarantee period through a written modification of the agreement to
substitute another approved form of improvement security upon the mutual agreement of
the borough and the subdivider. The amount of guarantee shall be determined on the basis
of the subdivider's cost estimate as approved by the engineering and facilities department
director for subdivisions located outside cities and by the municipal clerk or municipal
engineer for subdivisions located within a city. The guarantee shall remain in effect until
final approval of the improvements and the posting of an acceptable security for the
warranty period.
4. Cost Estimates. The subdivider's cost estimate provided for in subsection (E) of this
section shall state the estimated cost of completion for each required public improvement.
Cost estimates for each required improvement must be approved by the engineering and
facilities department director for subdivisions located outside cities and by the municipal
clerk or municipal engineer for subdivisions located within a city. For the purposes of
establishing the amount necessary for the guarantee of completion of public
improvements, a percentage for overrun allowance, including inflation, shall be added to
the total estimated cost of public improvements as follows:
Total Estimated Cost of
Improvements
Percentage for Overrun Allowance
$0 — $500.000
20%
$500,000—$1.000.000
450,4-20%
$1,000,000 and over
48%20%
C. Improvement Plans. In the event the subdivider enters into an aareement to construct
and install improvements pursuant to this section, the subdivider shall prepare and
deposit with the clerk of the borough detailed plans and specifications of the
improvements to be constructed and such plans and specifications shall be made a part
of any such agreement and of the improvement security. The subdivider shall be
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responsible for the costs of completion of the required improvements, regardless of
whether the security posted under the subdivision agreement is adequate to cover those
costs.
D. Completion Date. The improvements required under the terms of the subdivision
agreement shall be fully completed for final approval within two years of the date of
approval of the final plat by the planning commission serving as the platting authority
unless upon a showing of good cause the date of completion is extended by the planning
commission serving as the platting authority for an additional period not to exceed one
year.
E. Cost of Required Public Improvements. The cost of any improvements shall be defined
to include the cost of design, engineering, contract administration, inspection, testing and
surveillance as well as all work, labor and materials furnished for the construction of the
improvements.
The agreement to improve shall provide for payment of the cost of required improvements
as provided below:
1. Administrative and Recording Costs Relating to Public Improvement Guarantees. The
subdivider shall pay 100 percent of all costs incurred in supplying and administering any
method of public improvement security and guarantee.
2. Inspection, Surveillance and Testing. The subdivider shall pay 100 percent of all costs
relating to any inspection, surveillance and testing by the borough or city, as applicable,
necessary for final approval of any required public improvement or during the warranty
period. Surveillance shall be performed by the borough or a city during the course of
construction and up to the point of final approval of the completed project. Inspection shall
be performed by the borough or city during the warranty period.
F. Improvement Security. The agreement to improve shall include and be secured by one
or more of the following methods to guarantee the construction and installation of required
public improvements, which security will remain in place until improvements are approved
and accepted:
1. Performance and Payment Bonds. The subdivider may elect to provide a performance
and payment bond, or bonds, from a surety company authorized to do such business in
the state of Alaska guaranteeing the construction, installation and payment for all required
improvements, including monuments, and for all labor and materials for the construction
and installation thereof. The bond or bonds shall be in an amount equal to the estimated
cost of all required public improvements plus an overrun allowance as provided in
subsection (b) of this section. The performance bond shall be payable to the municipality
in the event that any required public improvements are not finally approved in accordance
with the provisions of this title. The payment bond shall inure to the benefit of all persons
who provide labor or materials for the construction or installation of the public
improvements.
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2. Letter of Credit. The subdivider may elect to provide from a bank or other responsible
financial institution authorized to do such business in the state an irrevocable letter of
credit. Such letter shall be filed with the borough and shall certify the following:
a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost
of all required public improvements plus overrun allowances as provided in subsection
(B)(4) above, for the completion of all such improvements; and
b. That in the case of failure on the part of the subdivider to complete any specified
improvements within the required time period the creditor shall pay to the municipality
immediately and without further action such funds as are necessary to finance the
completion of those improvements up to the limit of credit stated in the letter.
3.TTw.r_"rjr.TxML MTM
G. Release of Guarantee. The borough shall release the obligation for performance
guarantees only upon the acceptance of improvements under KIBC 16.70.030 of all the
improvements covered by the agreement to improve and improvement security together
with the posting of adequate security for warranty.
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H. Effect of Final Approval by the Borough. Final approval by the borough of the
construction and installation of required public improvements shall not obligate the
borough thereafter to inspect, maintain or repair, or constitute an agreement or
assumption by the borough of any duty or responsibility to thereafter inspect, maintain or
repair any such improvements.
I. Warranty.
1. Required. The subdivider shall warrant and guarantee for a period of one year after final
approval that the required improvements constructed under the agreement will remain in
good condition and will meet operating specifications for the warranty period. Such
warranty includes defects in design, workmanship, materials and any damage to
improvements caused by the subdivider, his agents or others engaged in work to be
performed under the agreement to improve.
2. Term — Security. To secure the warranty, the guarantee of performance shall remain in
effect until the end of the warranty period, provided that the warranty period shall not
expire without a determination by the engineerina and facilities department director for
subdivisions located outside cities, and by the municipal clerk or municipal engineer for
subdivisions located within a city, that the warranty period has been successfully
completed without uncorrected defects.
3. Form — Security. The subdivider furnishes the borough with a corporate surety bond,
cash deposit or irrevocable letter of credit in an amount equal to the percentage of the total
construction costs as set forth below. This security shall guarantee the payment of any
reconstruction or repair costs which may be undertaken due to failures occurring during
the warranty period. Responsibility for identifying the necessity of repairs or
reconstruction of the improvements shall rest with the engineering and facilities
department director for subdivisions located outside cities and by the municipal clerk or
municipal engineer for subdivisions located within a city.
Total Construction Cost
Percent to Secure
Warranty
JL— $500.000
10%
$500,000 — $1,000.000
7.5%
$1.000.000 and higher
5%
4. Correction of Deficiencies. Within 30 days (or a reasonable extension at the sole
discretion of the engineering and facilities department director for subdivisions located
outside cities and by the municipal clerk or municipal engineer for subdivisions located
within a city) of notification by the borough of the need for repair or reconstruction, the
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subdivider shall correct the deficiencies, satisfactory to the borough. Such notification
shall be made by certified mail. If the subdivider fails to repair or reconstruct the deficiency
within the time specified above, the borough will make the repairs at the subdivider's and
surety's sole expense. The borough may declare the bond, deposit or other security
forfeited and use such security to make repairs or may proceed to make the repairs and
then bill the subdivider and surety for the cost thereof and bring suit and recover the same
from the subdivider and the surety, iointlV and severally, and the security: provided,
however, the borough shall not be required to proceed first against the subdivider and may
proceed directly against any surety or guarantor of the subdivider or bank or other person
issuing any letter of credit, or holder of any security.
J. Exemption from Claims. Any money, instrument or letter of credit or other improvement
security deposited or held as provided in this title shall not be subiect to levy or attachment
bV anV creditors of the depositor until the obligation secured thereby is performed to the
satisfaction of the borough.
K. Default. In the event that the subdivider defaults on any obligation to construct and pay
for all required public improvements or the obligation to warrant and repair such
improvements, the borough shall demand immediate payment on the performance or
warranty guarantee. In the case of a performance bond, deposits in escrow, or letter of
credit, the borough shall demand immediate payment of all or any portion of all sums
obligated for the performance or warranty of any improvement. All funds received by the
borough shall be used for any construction, repair or reconstruction necessarV to ensure:
1. That all required improvements are built to specifications as necessary to receive final
approval: and
2. The improvements remain in good condition for the completion of the warranty period.
L. Enforcement. All provisions of this chapter are mandatory and may not be altered bV
the subdivision improvement agreement. The obligations contained in this chapter shall
be enforceable by methods of enforcement of ordinance as well as contract.
16.50.020 Requirements of final plat.
A. The final plat shall be submitted on a good quality, reproducible three millimeter polyester film
(equal to DuPont Mylar) or similar material complying with 11 AAC 06.040(a)(10). All lines,
letters, figures, certifications, and acknowledgments, shall be made in the appropriate black
ink and be accomplished with mechanical lettering equipment. and All signatures shall be
made in black or blue waterproof ink. The plat shall be so made and shall be in such condition
when filed that legible prints and negatives can be made therefrom.
B. Two bluel1ine a blackline copies and the polyester film original of the final plat shall be
submitted.
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C. The plat shall be of suitable scale, one inch equals 20 feet to one inch equals 100 feet to fit the
sheets used; provided, however, that the community development department director may
authorize a scale of one inch equals 200 feet or other suitable scale to accommodate large
acreage parcels.
D. The plat or plats shall be drawn on one of the following size sheets:
1. Eighteen inches by 24 inches; or
2. Twenty-four inches by 36 inches.
If more than one sheet is required to cover the plat, each shall be of the same size and an index
sheet shall be provided showing the relationship of all sheets.
E. The plat shall be an accurate drawing based upon as detailed a survey as is necessary in order
to orient the plat properly. The plat shall show the following:
1. The boundaries of the plat showing clearly what stakes, monuments, or other evidence were
found on the ground to determine the boundaries of the tract. If existing, the corner of adjoining
subdivisions or portions thereof shall be identified and ties shown;
2. Bearings and distances to the nearest established street lines, section lines or official
monuments which are necessary in accurately describing the location of the plat. All monuments
found shall be indicated and proper references made to available field books or maps, either
private or of public record, which relate to monuments. If the points were reset by ties, that fact
shall be stated;
3. The centerlines of all streets; lengths, tangents, radii, and central angles of all curves; the total
width of each street; the width of the portion being dedicated; and the width of the existing
dedications; the width of portions of streets each side of the centerline; also, patent reserves and
any other easements appearing on the plat. All lot lines should be radial to a curve and if not shall
be designated "Not Radial." Dimensions shall be in feet and hundredths of a foot;
4. The widths, bearings, and other necessary data to delineate all easements to which the lots
are subject. If the easement is not located on record, a statement referring to the easement shall
appear on the title sheet. Easements for storm drains, sewers, and other purposes shall be
denoted by broken lines. If an easement is not parallel to and adjacent to the lot lines, distances
and bearings on the sidelines of the lots which are cut by the easement shall be shown to indicate
clearly the actual length of the lot line from the lot corners to the easement. Easements being
dedicated shall be so indicated in the certificate of dedication;
5. All lot and block numbers. Sufficient data shall be shown to determine readily the bearing and
length of each line. No ditto marks shall be used;
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6. The names of adjacent subdivisions and the lot numbers of adjacent lots. If the adjacent land
is not subdivided, it should be so indicated;
7. The exact boundaries of all areas to be dedicated or reserved for public use or for the common
use of property owners. The purpose of the dedication or reservation shall be set forth on the plat;
8. The area of the entire subdivision and the area of each individual lot to the nearest square foot;
9. Building setback lines if different from minimum zoning requirements;
10. Name of subdivision;
11. North point, scale, date, and drawing number;
12. The basis of bearings. Bearings shown must be true bearings and distances shown must be
in the foot unit reduced to the true horizontal equivalent;
13. A correct legal description by metes and bounds of the exterior boundary of the area being
subdivided or reference to an existing parcel by recorded plat number and recording district; and
14. Plats filed reverting subdivided land to acreage shall be conspicuously designated "THIS
PLAT IS A REVERSION TO ACREAGE."
16.50.030 Survey and monumentation.
A. All subdivisions shall be surveyed except subdivisions excluded by KIBC 16.10.050, aliquot
part subdivisions under KIBC 16.30.020(C), and those subdivisions which only eliminate existing
interior property lines, such as reversion to acreage plats which shall have an exterior boundary
survey only.
B. The subdivision of sections of a township survey into aliquot parts and restoration of lost
corners shall be performed in accordance with the applicable version of the U.S. Bureau of
Land Management 1973 Manual of Surveying Instructions, unless the historical survey record
indicates otherwise. All section subdivision details executed as part of the subdivision work shall
be monumented and shown on the plat. When a center one-fourth corner must be determined, it
shall be set. A minimum survey accuracy of 1:10,000 on parcels which are in the city of Kodiak
and 1:5,000 in other areas is required. Monuments shall be set in a professional manner.
1. Documentation showing that the final plat satisfies the above accuracy requirements
shall be provided with the Final Plat.
C. All corners and monuments found and set shall be shown and described on the plat with the
following information: date set, type of monument, registration number and surveyor.
D. All monuments of record disturbed or destroyed shall be remonumented or reference
monumented as appropriate.
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E. Exterior subdivision monuments and monuments set as part of the rectangular survey net shall
clearly display the following information:
1. Year set;
2. Monument identification (corner number, section, township, range); and
3. Registration number of surveyor.
F. All angle points a'^^^'a y m within the platted area of the survey shall have a primary
or secondary monument.
G. Primary monuments along an exterior boundary shall not be situated more than 1,320 feet
apart.
H. If an exterior boundary line is less than 2,640 feet but more than 1,320 feet long, then the
intermediate primary monument shall be set as close to the midpoint as practical.
16.50.050 Dedications and certificates.
The following applicable dedications and certificates shall be shown on the final plat:
A. Where a dedication of lands to the public is proposed in the plat, the final plat shall be
accompanied by a statement of ownership and dedication which shall read substantially as
follows:
I (we), hereby certify that I am (we are) the owner(s) of the property described hereon. I (we)
hereby dedicate to the public all easements for public utilities, streets, alleys, thoroughfares,
parks, and other public areas shown hereon.
Where a dedication of lands to the public is not proposed in the plat, the final plat shall be
accompanied by a statement of ownership which shall read substantially as follows:
I (we), hereby certify that I am (we are) the owner(s) of the property described hereon.
T#is These certificates must be signed by all parties who own a legal interest in the title to the
land being platted or a beneficial interest in the land pursuant to a mortgage, deed of trust, or
contract of sale; provided, however, that said requirements shall be satisfied by the signature of
any person or agency or institution or organization duly authorized by the owner of a legal or
beneficial interest in the property being platted to so sign or to subdivide or to plat. Said certificate
shall be signed before the clerk or a notary public. Proof that all parties of real interest are included
shall be established by either an abstract of title certified to the date of filing, or by a certificate to
plat, prepared by a title company authorized under the laws of the state of Alaska, within six
months of the date the final plat is submitted.
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A right-of-way acquisition plat shall be acknowledged by the appropriate local, state or federal
official in lieu of owner certification for adjoining remainder parcel land owners.
In some cases, it may be desirable that access from certain lots or parcels be denied to certain
roads or other rights-of-way. In such cases, the statement outlined above shall be followed by
one which reads substantially as follows:
Said dedication to the public shall in no way be construed as a permit for access to
Street(s) from Lot(s)
B. Rights-of-way not dedicated to the public must be clearly marked as not dedicated on the face
of the plat. Right-of-way acquisition parcels not dedicated to the public, which are nonconforming
by virtue of zoning, shall require an appropriate note on the plat which prohibits any development
not related to right-of-way improvements unless the tract is made conforming under the applicable
zoning regulations. Right-of-way acquisition parcels not dedicated, and all remainder parcels,
shall be identified on the final plat with a new legal description to distinguish new parcels created
by plat from the preexisting lot descriptions.
C. The plat to be filed shall contain a certificate of the land surveyor who prepared the plat in the
language which follows:
I hereby certify that I am properly registered and licensed to practice land surveying in the State
of Alaska, that this plat represents a survey made by me or under my direct supervision, that the
monuments shown hereon actually exist as described, and that all dimensions and other details
are correct.
DATE
REGISTRATION NUMBER
(Surveyors Seal)
REGISTERED LAND SURVEYOR
D. All abbreviated plats to be filed shall contain the following statement of plat approval:
This is to certify that the within plat is duly approved in accordance with the Kodiak Island
Borough Code this day of 20
Community Development Director date
Borough Manager date
Borough Clerk date
1) E. The All other plats to be filed shall contain the following statement of plat approval:
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Kodiak Island Borough Planning and Zoning Commission:
Received
Date
Approved
Chair
This is to certify that the within plat is duly approved in accordance with the Kodiak Island Borough
Code this day of 2
Manager Clerk Date Community
Development Department Director Date
€ F. The plat to be filed shall contain a statement by the manager and the clerk that the borough
accepts all real property dedicated for public use and public purposes on the plat. Acceptance of
dedication for subdivisions within a city shall be acknowledged by the chief administrator of the
city and the city clerk.
€ G. All plats, except right-of-way acquisition plats, must contain a certificate that all the taxes
have been paid to the date of filing the plat, as follows:
I hereby certify that, according to the records of the Kodiak Island Borough, all taxes assessed
and due against said land and in favor of the Kodiak Island Borough are paid in full.
Dated at Kodiak, Alaska, this day of 2_
Kodiak Island Borough Clerk
G H. The plat shall show all other data that are or may be required on the plat by statute or
ordinance.
16.50.060 Easement use.
Utility easements may be required for the use of public utility companies licensed by the Alaska
Regulatory Commission of Alaska to locate, construct, maintain, or
authorize the location, construction, maintenance, and use of conduits for all and any purposes,
water, gas, sewers, utility poles and wires, or any of them over, under, and along the strips marked
"Utility Easement."
Section 8: That Kodiak Island Borough Code Chapter 16.60, Vacations, is amended to read as
follows:
Chapter 16.60
VACATIONS
16.60.040 Action.
A. The commission shall take action on the vacation application within 50 working days after the
date of the next available meeting agenda deadline. The commission's action shall be stated in
the minutes of the commission meeting. The commission shall notify the applicant in writing of
the official statement of findings and reasons for their action within five working days.
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B. The approval of the vacation shall be effective for a period of 24 months from the date of
approval during which time the applicant may perfect the vacation by:
1. Wiling a plat depicting such vacation if the vacated area has been previously shown on a
recorded plat. The vacation and replatting of the area shall conform with the applicable
preliminary and final plat procedures of this title. In those instances where the replat is intended
solely to delete an area vacated from a record plat, the replat may be eligible for the abbreviated
plat procedures-.; or
2. Recording a document stating that the area has been vacated when said area has never
been shown on a recorded plat (e.g. recorded by deed or recorded document other than a
plat). A copy of the document that created the easement or dedication subject to the
vacation shall be submitted as an exhibit. The document must be signed bV all those with
a beneficial interest in the area to be vacated. A copy of the recorded document shall be
provided to the community development department.
Section 9: That Kodiak Island Borough Code Chapter 16.70, Improvements Required, is
amended to read as follows:
Chapter 16.70
IMPROVEMENTS REQUIRED
16.70.020 Prerequisites to approval.
A. The subdivider shall construct and install in the subdivision the improvements required by this
chapter within two years of preliminary plat approval.
1. Street Improvements. All street and public ways shall be graded to their full width, and to the
appropriate grade, and shall be surfaced in accordance with the applicable specifications. The
cross-section of construction shall contain non -frost -susceptible material in accordance with the
applicable specifications. Such construction shall comply with all applicable borough standards
for construction as specified in Chapter 16.80 KIBC.
2. Sewer. If the property proposed for subdivision is located adjacent to an existing sewer main,
the subdivider will not be required to provide stubouts to the individual lots created. All lots shall
be provided with access to the sewer line. If the property proposed for subdivision is not located
adjacent to an existing sewer main and/or one is needed to service the lots created, stubouts will
be required to be provided to the individual lots created in areas where public sewer service is
required.
3. Water. If the property proposed for subdivision is located adjacent to an existing water main,
the subdivider will not be required to provide stubouts to the individual lots created. All lots shall
be provided with access to the water line. If the property proposed for subdivision is not located
adjacent to an existing water main and/or one is needed to service the lots created, stubouts will
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be required to be provided to the individual lots created in areas where public water service is
required. Whenever water mains are installed, fire hydrants shall be installed and spaced
according to the following table.
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
FIRE FLOW
REQUIRED
(gpm)
MINIMUM
NUMBER
OF HYDRANTS
AVERAGE SPACING BETWEEN HYDRAN
TS , = s(FEET)
MAXIMUM DISTANCE
FROM HYDRANT TO ANY
POINT ON STREET OR
ROADWAY FRONTAGE (FE
ET)
750-1,750
1
500
250
2,000 — 2,250
2
450
225
2,500
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450
225
3,000
3
400
225
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350
210
4,500 — 5,000
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300
180
5,500
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300
180
6,000
6
250
150
6,500 — 7,000
7
250
150
7,500 or more
8 or more 4
200
120
i tteouce oy tuu teet for dead-end streets or roadways.
2 Where streets are provided with median dividers, which can be crossed by fire fighters pulling hose lines, or
arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles
per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating
basis up to a fire -flow requirement of 7,000 gpm and 400 feet or higher fire -flow requirements.
3 Reduce by 50 feet for dead-end streets or roadways.
4 One hydrant for each 1,000 gpm or fraction thereof.
5 Where new water mains are extended along streets where hydrants are not needed for protection of
structures or similar fire problems, fire hydrants should be provided at not less than a 1,000 -foot spacing to
provide for transportation hazards.
4. Sidewalks. If the subdivision is located adjacent to an existing sidewalk, and the developer
proposes to pave the abutting street, the commission may require that concrete sidewalks or
approved asphaltic concrete sidewalks not less than four feet in width be constructed along at
least one side of all streets.
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5. Drainage. All necessary facilities, either underground pipe or drainage ditches, shall be installed
to provide adequate disposal of surface water as are needed to maintain or reroute any natural
water courses. Natural water courses shall not be blocked or impeded. Whenever any stream or
important drainage is located in an area which is being subdivided, the subdivider shall provide
an adequate easement along each side of the stream for the purpose of widening, deepening,
sloping, improving, or protecting the stream for drainage purposes. The commission may require
a drainage plan in order to identify required improvements as part of preliminary plat approval, as
well as a letter of jurisdiction from the U.S. Army Corps of Engineers.
6. Other. The commission may require areas to be identified on the plat for the location of
dumpster pads and neighborhood mail boxes. A street lighting plan for the subdivision may also
be required by the commission.
7. In all subdivisions with nonpublic improvements, the subdivider will include a covenant on the
recorded plat that when an improvement district is formed the real property involved will be a part
of the improvement district without further action by the then -owner of the property in question.
8. Monumentation. All monumentation required by Chapter 16.50 KIBC shall be provided by the
subdivider.
B. Lots that are larger than 40,000 square feet and satisfy the requirements of section KIBC
16.40.040.N and 16.50.010(D) are exempt from the sewer and water improvements required in
this chapter. These lots must meet the wastewater disposal standards of ADEC and each lot
sheuld shall have access to an adequate amount of potable water for domestic purposes.
C. Lots that are larger than 10 acres are exempt from the street improvements required in this
chapter. Lots that are less than 10 acres may be exempt from the street improvements required
in this chapter if they have little probability of connection to an existing road system.
16.70.030 Acceptance of improvements.
A. No improvement shall be operated or maintained by the public and no security for the
completion of an improvement shall be released until the improvement has been accepted by the
engineering and facilities department director for subdivisions located outside cities and by the
municipal clerk or municipal engineer for subdivisions located within a city.
B. The following items shall be provided to the engineering and facilities department director
and/or responsible agencies prior to acceptance of the improvements:
1. A Mylar as -built of the improvements certified by a registered engineer;
2. Copies of all construction documents relevant to the construction of the improvement;
3. A record of installed materials including any warranties, catalog cuts, and operation and
maintenance manuals; and
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4. Any special tools, accessories, and/or spare parts needed for the operation of the improvement.
C. The subdivider shall provide an express warranty for workmanship and materials to cover the
improvements during the first year of operation from the initial date of acceptance of the
improvements. Unless the subdivider has entered into a subdivision agreement which
provides for a different amount, Tthis warranty shall be secured by a performance bond in an
amount equal to 10 percent of the cost of construction of the improvements if the value of all the
improvements is less than or equal to $250,000; if the value of the improvements exceeds
$250,000, the performance bond shall be in the amount of $25,000
Section 10: That Kodiak Island Borough Code Chapter 16.80, Standards for Road Improvements,
is amended to read as follows:
Chapter 16.80
STANDARDS FOR ROAD IMPROVEMENTS
16.80.030 Minimum right-of-way and trafficway widths.
A. Minimum right-of-way and trafficway widths shall be as follows:
Road Classification*
Minimum Right -of Way
Minimum
Unpaved Trafficway
Minimum
Paved Trafficway
Local road
60 feet
23 feet
20 feet
Collector road
60 feet
27 feet
24 feet
Arterial road
80 feet
33 feet
30 feet
Alley
20 feet
18 feet
15 feet
Cul-de-sac
Diameter of -50 120 feet
Diameter of -20 96 feet
Diameter of -20 96 feet
Private road
150 60 feet (easement)
120 23 feet
—20 feet
* All dead-end roadways must also meet the fire apparatus access road requirements of the adopted
fire code, which may require wider trafficway widths than those listed above.
B. Rights-of-way shall be of sufficient width to accommodate the roadway to be constructed with
adequate room outside the roadway prism for installation of any required utilities.
C. City streets shall be designed to meet the minimum trafficways prescribed by the particular city
involved.
D. Cul-de-sacs shall have a minimum radius of 50 60 feet at the bulb.
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E. Minimum easement width for private roads shall be 59 60 feet. Private roads, when
constructed, shall meet, at a minimum, the
(fire apparatus access road requirements) of the adopted fire code and Chapter 15.35 KIBC,
Driveway Access.
16.80.070 Road construction standards.
A. All roads shall be constructed with a sub -base course of non -frost -susceptible material with no
more than 10 percent of weight passing the Number 200 sieve. The minimum depth of sub -base
shall be as follows:
Localroad
4-8 24 inches
Collector road
24 30 inches
Arterial road
39 36 inches
Alley
4-2 10 inches
Cul-de-sac
48 24 inches
The depth of sub -base shall be measured from the point of the highest projection into the roadway
prism.
B. All roads shall be constructed with a base course of two-inch minus rock with no more than 10
percent of weight passing the Number 200 sieve and a plasticity index of not greater than four as
determined by AASHTO T-90. The minimum depth of base course after compaction shall be as
follows:
Localroad
4 flinches
Collector road
6 8 inches
Arterial
6 8 inches
Alley
4 6 inches
Cul-de-sac
4 6 inches
C. All roadway construction shall have all organic material removed to the depth of the required
sub -base prior to placement or construction of the sub -base in the transition area from cut to fill.
D. The right-of-way shall not be clear cut unless necessary to meet the road construction
standards of this chapter. All stumps shall be flush cut.
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E. All construction shall be contained within the right-of-way except where the taking of additional
slope easements is noted on the plat and additional easements are provided for utilities.
F. All construction shall be done in accordance with the latest edition of the Alaska Department
of Transportation and Public Facilities Standard Specifications for Highway Construction.
G. Geotextiles may be used upon submittal of satisfactory supporting data from a registered
engineer and approval by the engineering and facilities department director.
16.80.100 Exceptions to minimum requirements.
It is the policy of the borough to adhere to these standards and specifications; however, if the
design standards cannot be followed as contained herein due to unusual terrain, soil
characteristics, or drainage, the engineering and facilities department director shall consider
alternate solutions and may approve changes when such changes are substantiated and justified
by a design analysis prepared by a registered engineer. A decision granting or denying an
exception under this section may be appealed to the planning commission under Chapter
16.100 KIBC in the same manner as a decision of the community development director
granting or denying approval of a plat.
A. The minimum requirements of this chapter are guidelines and may be adjusted either up or
down subject to actual field conditions upon review and approval by the engineering and facilities
department director of plans prepared and certified by a registered engineer.
B. If the subdivision has little probability of connection to the existing road system, the commission
may grant a waiver from these construction requirements.
C. Any city within the borough may adopt different construction standards by ordinance.
Section 11: That Kodiak Island Borough Code Chapter 16.90, Appeals to the Assembly, is
amended to read as follows:
Chapter 16.90
APPEALS TO THE ASSEMBLY
16.90.030 Commencement of appeal — Stay.
A. A decision of the commission is final unless an appeal of the decision to the assembly is made
within 10 working days after the decision by the commission to the assembly.
B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating
the reasons for the appeal and the relief sought, and payment of the appropriate fee as set by
resolution of the assembly. Upon commencement of an appeal, the decision appealed from is
stayed until the decision on appeal becomes final.
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C. The running of the time for filing an appeal from a decision of the commission is terminated by
a timely petition for reconsideration, filed in accordance with KIBC 16.90.010. The full time for an
appeal begins to run again on the date of the decision of the commission on reconsideration.
Section 12: That Kodiak Island Borough Code Chapter 16.110, Waiver from Requirements, is
amended to read as follows:
Chapter 16.110
WAIVER CORM REQUIREMENTS SUBDIVISION VARIANCES
Sections:
16.110.010 WaiVeF #01TI FeqUiFeFnents. Subdivision variances.
16.110.010 Waiver frorn requirements. Subdivision variances.
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such
development or unusual conditions that the strict application of the requirements contained in
these regulatiORS this title would result in real difficulties or substantial hardship or injustice, the
commission may grant a variance waive waiving such requirements so that the subdivider may
develop his property in a reasonable manner. Any variance shall include findings identifying
the physical attributes of the property and any unusual conditions which justify a variance.
A variance shall be the minimum required to provide substantial relief. The commission
shall consider i but se that at the same time protection of the public welfare and interests of
the borough and surrounding areas, and may condition approval of a variance under this
section on such requirements as necessary to protect the public interests of the borough
and surrounding areas and to are protaoted ensure that the applicable provisions of state and
federal law are complied with and the general intent and spirit of these regulations are preserved.
Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an
ordinance takes effect upon adoption or at a later date specified in the ordinance.)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS NINETEENTH DAY OF SEPTEMBER, 2019.
KODIAK ISLAND BOROUGH ATTEST:
Daniel A. Rohrer, Mayor Tara Welinsky, Clerk j
VOTES:
Ayes: Symmons, Turner, Arndt, Kavanaugh, Smiley
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