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FY2020-02 Amending Various Chapters of Title 16 Subdivision1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 1 of 33 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 2 of 33 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 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: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 3 of 33 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 4 of 33 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 5 of 33 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 6 of 33 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 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: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 7 of 33 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 8 of 33 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 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; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 9 of 33 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 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; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 10 of 33 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 11 of 33 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 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; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 12 of 33 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 13 of 33 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 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: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 14 of 33 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 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, Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 15 of 33 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 plus all grants, reservations, covenants, deed restrictions, and easements of record which may condition the use of the property. �.marnmsrr_�r_r�ezarrsr_e���na_r.�_r.�tn _ _ - e .. _ _ . - - • - • - - - 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 16 of 33 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 17 of 33 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 18 of 33 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 19 of 33 871 872 873 874 875 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 20 of 33 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 21 of 33 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 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; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 22 of 33 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 23 of 33 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 24 of 33 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 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: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 25 of 33 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 26 of 33 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 27 of 33 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 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 3 450 225 3,000 3 400 225 3,500 — 4,000 4 350 210 4,500 — 5,000 5 300 180 5,500 6 300 180 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 28 of 33 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 29 of 33 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 30 of 33 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 31 of 33 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 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. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 32 of 33 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 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 Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-02 Page 33 of 33