FY1964-4 Requirements for New SubdivisionsKODIAK ISLAND BOROUGH
ORDINANCE NO. 64 - /-.
SUBDIVISYON REGULATIONS OF THE KODIAK ISLAND BOROUGH, ALASKA
AN ORDINANCE PRESCRIBING MINIMUM REQUIREMENTS FOR THE DESIGN AND
DEVELOPMENT OF NEW SUBDIVISIONS AND OF RE- SUBDIVISION: PROVIDING
FOR PRELIMINARY AND FINAL APPROVAL OF ALL SUBDIVISION PLATS: PRO-
VIDING FOR THE ENFORCEMENT OF THESE REGULATIONS AND PROVIDING FOR
CHANGES AND AMENDMENTS: ALL FOR THE PURPOSE OF PROMOTING THE ADE-
QUACY AND EFFICIENCY OF THE STREET SYSTEM SO AS TO AVOID CONGES-
TION AND PROMOTE SAFETY: FOR THE PURPOSE OF SECURING THE PROPER
DISTRIBUTION OF POPULATION AND THE NECESSARY OPEN SPACES FOR LIGHT
AND AIR, AND FOR THE PURPOSE OF IMPROVING THE HEALTH, SAFETY, AND
GENERAL WELFARE OF THE CITIZENS.
BE AND IT IS HEREBY ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH, STATE OF ALASKA.
Section I. General
Each subdivider of land should confer with the Planning and
Zoning Commission before preparing a preliminary subdivision plan
in order to become thoroughly familiar vtith the subdivision require-
ments and with the proposals of the General Plan affecting the ter-
ritory in which the proposed subdivision lies.
Section II. Definitions
For the purpose of this ordinance, certain terms and words
are herewith defined as follows:
(a) Plat: A map, drawing, or chart on which the subdivider's
plan of the subdivision is presented and which he submits for appro-
val and intends in final form to record.
(b) Major Street: A street shown as a major street on the
Major Street Plan adopted by the Planning and Zoning Commission,
or a street designated by the Borough Assembly as a major street.
(c) Subdivision: For the purpose of these regulations, a
subdivision of land is (1) the division of land into two (2) or
more lots, sites or parcels of one (1) acre or less in area; 2)
establishment or dedication of a road, highway, street or alley
Page One, ORDINANCE 64- 7.K.I.B.
10911 0179
Page Two, ORDINANCE 64- f.K.I.B.
through a tract of land regardless of area; 3) resubdivision of
land heretofore divided or platted into lots, sites or parcels,
provided, however, that the sale or exchange of small parcels of land
to or between adjoining property owners, where such sale or exchange
does not create additional lots, shall not be considered as a subdivi-
sion of land; or 4) any area of land also considered a subdivision of
acreage in excess of 10 acres. Owners of tracts of land in excess of
10 acres shall be permitted to subdivide into tracts of not less than
10 acres, unless the intention is to subdivide and develop a subdivi-
sion in accordance with this ordinance.
(d) Alley: A minor way, dedicated to public use, which is
used primarily for vehicular access to the back or the side of pro-
perties otherwise abutting on a street.
(e) Block: A piece or parcel of land entirely surroundec
by public highways, streets, streams, railroads, rights -of -way, or
parks, etc., or a combination thereof.
(f) CUL -DE -SAC: A street having one end open to traffic
and being permanently terminated by a vehicle turnaround.
(g) Easement: A grant by the property owner to the public,
a corporation, or persons, of the used' a strip of land for specific
purposes.
(h) Improvements: Street pavements, with curbs and side-
walks, pedestrian ways, water mains, sanitary and storm sewers, per-
manent street monuments, trees and other appropriate items.
(i) Lot: A portion of a subdivision, or other parcel of land,
intended as a unit for transfer of ownership for development.
(j) Crosswalk: A right -of -way dedicated to public use, which
cuts across a block to facilitate pedestrian access to adjacent streets
and properties.
(k) Street: A right -of -way, dedicated to public use, or a
private right -of -way serving more than one ownership, which pro-
vides principal vehicular and pedestrian access to adjacent pro-
perties.
(1) Subdivider: A person, firm or corporation under-
taking the subdividing or the resubdividing of a lot, tract or par-
cel of land into two or more lots, or other divisions of land for
the purpose of transfer of ownership, or development whether imme-
diate or future, including all changes in street or lot lines.
Section III. Jurisdiction and Procedure
(a) It shall be unlawful for any person being the owner,
agent or person having control of any land within the Kodiak Island
Borough to subdivide or lay out such land in lots unless by a plat,
in accordance with the regulations contained herein. If either a
preliminary or final plat is disapproved by the Planning and Zoning
Commission, it may'approved by a three fourths (3/4) majority vote
of the Borough Assembly. No plat shall be recorded and no lots
shall be sold from such plat unless and until approved as herein
provided.
(b) Preliminary Plat Procedure.
(1) The subdivider shall prepare a Preliminary Plat of
his proposed subdivision, which shall comply with the requirements
of Section IV -A of these regulations.
(2) The Preliminary Plat will be submitted
semi - permanent copies to the Borough Clerk not less than
a regular meeting of the Planning and Zoning
Commission and the filing fee shall be paid at this time.
(3)
The Borough Clerk shall immediately forward for
review one copy of the Preliminary Plat to the Borough Chairman, one
to the Borough Engineer and hold one in the Planning and Zoning
Commissior. file.
Page Three, ORDINANCE No. 64. -`= K.I.B.
(4.) The Borough Engineer shall make his comments
and recommendations in writing and so submit them to the Chairman
of the Planning and Zoning Commission at least two (2) days prior
to the Commission meeting.
(5) The Commission shall review the Plat and if pos-
sible discuss it with the sub - divider or his representative and shall
later approve or disapprove the plat.
(6) The approval or disapproval of the Preliminary Plat
will be conveyed to the sub - divider in writing within five (5) days
after the meeting of the Planning and Zoning Commission at which such
Fla considered. In case the Plat was disapproved, the sub -divi-
der shall be notified of the reason for such action and what the re-
quirements will be necessary to meet the approval of the Commission.
The approval of the Preliminary Plat does not constitute an accep-
tance of the subdivision, but is deemed to be an authorization to
proceed with the preparation of the final plat. This approval of
the preliminary plat shall only be effective for a period of six
months unless an extension is granted by the Planning & Zoning Com-
mission. If the final plat has not been submitted for approval with-
in this period, a preliminary plat must again be submitted to the
Commission for approval and must be accompanied by a new filing fee.
(7) The action and conditions, if any, of the Commission
shall be noted on all t4ipiibe copies of the Plat. One copy shall be
returned to the subdivider, one copy shall be filed in the permanent
Planning Commission file, and one copy shall be transmitted to the
Borough Engineer.
(c) Final Plat Procedure
(1) The Final Plat shall comply with the requirements
of Section IV -G of these regulations and shall be submitted to the
Page Four, ORDINANCE No. 64 -Y-K. I. B.
Borough Clerk not less than 14 days prior to a regular meeting of
the Planning and Zoning Commission.
(2) The final plat shall be submitted on tracing cloth
or approved plastic in ink or an equivalent reproducible withfour
(4) blue or black line prints thereof together with copies of any
covenants or attachments where such restrictions are too lengthy to
be shown on the plat.
(3) The Borough Clerk shall immediately forward for re
view one (1) copy of the final plat to the Borough Chairman, one to
the Borough Engineer, place one in the permanent Planning and Zoning
Commission file, and file one in a permanent Subdivision Record book
maintained by his office.
(4) The Borough Engineer shall make his comments and
recommendations in writing and shall submit them to the Chairman of
the Planning & Zoning Commission at least two (2) days prior to the
Commission meeting.
(51 The Commission shall review the plat and discuss
it with the subdivider or his representative and shall either ap-
prove or disapprove the plat.
(6) The plat shall then be submitted to the Borough As-
sembly for approval as outlined in Section VI hereof.
(7) Such approval, if given, shall be tentative, and
the subdivider shall then proceed to install the minimum improvements
or furnish a bond guaranteeing such installations in accordance with
the requirements of Section VIII hereof. Upon completion of the ins-
tallation of improvements and approval by the Borough Engineer, or
posting of satisfactory bond, the final plat shall be formally ap-
proved for recording.
(8) After completion of all the above, and only then,
the owner may offer lots in the new subdivision for sale.
Page Five, ORDINANCE No. 644 K.I.B.
Section IV. Data Re•uired U.on Preliminar and Final Plans
A.-' Preliminary Plan
Whenever any person desires to subdivide land into building
lots or to dedicate streets, alleys or land for public use, he shall
the preliminary sketch plan to the Planning
submit
be recorded
copies of
Commission before submission of the final plan. Plats containing three
lots or less may be exempted from the provisions of this section.
The preliminary plan shall show:
(1) The location of present property and section lines,
streets, buildings, lakes and water courses.
(2) Any existing water mains and culverts within the
tract or immediately adjacent thereto. The location and size of the
nearest water main are to be indicated in a general way upon the plat.
(3) The proposed location and width of streets, alleys,
lots, building and setback lines and easements.
(4) The title under which the proposed subdivision is to
and the name of the subdivider platting the tract.
(5) The names and adjoining boundaries of all adjoining
subdivisions,ard nai._eo c2 owr_e of adjoining parcels
of unsuhdixided land and vicinity sketch at a legible scale.
(6) North point, scale and date.
B. Final Plat
The final plat on tracing cloth or plastic, in ink or an
equivalent reproducible and ?ur (4) prints t eof together with
copies of any covenants where such restrictions are too lengthy to
be shown on the plat, shall be submitted to the Planning and Zoning
Commission. All proposed subdivisions shall conform to the current
Kodiak Island Borough General Plan. The final plat shall be drawn
to the scale of one (1) inch equal to twenty (20) feet in a neat
and'accurate manner with border and title block. If more than two
sheets are required an index sheet of the same dimensions shall be
Page Six, ORDINANCE No. 64- K.I.B.
filed showing the entire subdivision on one sheet with individual
sheet coverage indicated. The size of the sheets shall be 8i" X 11 ",
11" X 17 ", 17" X 22 ", or 22" X 34 ".
The Final Plat shall show:
(a) The boundary lines with accurate distances and bearings
and the exact location and width of all existing or recorded streets
intersecting or adjoining the boundary of the tract.
(b) True bearings and distances to the nearest official
monuments, which shall be accurately described on the plat.
(c) Plane coordinates based on the system utilized by the
Borough for all permanent monuments. (If no monuments are set the
coordinates will be shown for at least one lot corner.)
(d) The exact layout including:
(1) Street and alley names which shall be of local
or Alaskan historical note.
(2) The length of all arcs, radii, internal angles,
points of curvature, length and bearing of the
tangents for curvalinear streets.
(3) All easements for right -of -way providing for public
services or utilities and any limitations of the
easements.
(4) All lot numbers and lines with accurate dimensions
in feet and hundredths and with true bearings to
minutes all of which shall close to 1 in 5000.
(5) The area of the entire subdivision and the area
of each individual lot to the nearest square foot.
(e) The accurate location, type, material and size of all
monuments. There shall be at least one 1i" X 36" concrete filled
G.I. pipe with 2" brass monument cap or approved equivalent for each
acre involved (minimum of two). Each lot corner shall be marked
Page Seven, ORDINANCE No. 644K.I.B.
with 'i" X 30" G. I. pipe or equivalent. All monuments and lot
corners shall be properly identified in the field with stamped
letters and numbers.
(f) The accurate outline of all property which is offered
for dedication for public use with the purpose indicated thereon,
and of all property that may be reserved by deed covenant for the
common use of the property owners in the subdivision.
(g) Set back building lines if different than the mini-
mum zoning regulations.
(h) Boundaries of each type of private use restriction.
(i) Proposed name of the subdivision.
(j) Name and address of the subdivider and of the pre -
parer of the plat.
(k) North point, scale, date, and drawing number.
(1) The location, size, and type of all proposed utilities.
(m) The basis of bearings.
(n) Certification by a registered professional civil en,
or land surveyor to the effect that the plan represents a survey made
by him and that all monuments shown thereon actually exist and that
their location is correctly shown.
The following may be shown on attached ai X 11 sheets if
their inclusion on the plat is impracticable but a reference to each
shall be made on the plat.
(o) Private restrictions and trusteeships and their periods
of existence.
(p) Acknowledgement of the owner or owners to the plat and
restrictions.
(q) Statement dedicating all streets, alleys, easements
and other public areas not previously dedicated.
(r) A certificate showing that all taxes have been paid
to the date of the filing of the plat.
Page Eight, ORDINANCE No. 64 - 11.K.I.B.
(s) Certificates of approval for the Planning Commission,
the Borough Engineer or his equivalent under contract, and the
Borough Assembly.
(t)
(u)
Certificate of approval for recording.
A correct legal description by metes and bounds of the
exterior boundary of the area being subdivided.
EXAMPLE OF STATEMENT TO ACCOMPANY THE FINAL PLAT
Description:
This is a subdivision of a portion of U. S. Survey No.
as accepted by the Commissioner of the General Land Office on
and more particularly described as follows:
Beginning at a point feet north of and feet west of
the corner of the of said U.S. Survey , said point
being on the line; of ,
thence North feet; thence
East feet; thence South feet to a point on the North line
of said Survey; thence West along the North line of said Survey a
distance of _ feet to the point of beginning, thereby containing
sq. ft. more or less.
The undersigned proprietor of theabove described tract of land
has caused the same to be subdivided in a manner shown on the ac-
companying plat which subdivision shall be known as
subdivision.
Easements - An easement or license is hereby granted to Kodiak
Island Borough to locate, construct and maintain or authorize the
location, construction, maintenance and use of conduits for all and
any purpose, water, gas sewer mains, poles and wires of all or any
of them over, under and along the strips marked "Utility Easements ".
Streets - Streets shall be shown on this plat not heretofore
dedicated to the public use are hereby so dedicated.
Page Nine, ORDINANCE No. 64 -fK. I. B.
Building Lines - Building lines or setback lines are hereby
estab lishod as shown on the accompanying plat and no building or
portion thereof shall be built between this line and the street.
IN TESTIMONY WHEREOF: has caused these
presents to be signed and his seal to be affixed this day
of' 19
State of Alaska
)ss
THIRD JUDICIAL DISTRICT)
THIS IS TO CERTIFY, that before me, the undersigned, a Notary
Public in and for the State of Alaska, duly commissioned and sworn
as such, personally appeared the within named
known to me and to me known to be the identical individual named in
and who executed the foregoing instrument and who acknowledged to me
that he signed and sealed the same as his free and voluntary act and
deed and for the uses and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal this day of , 19
Kodiak Island Borough Planning and Zoning Commission:
Received:
Approved:
19
. BOROUGH CLERK
Chairman
ASSEMBLY:
This is to certify that the within plat was duly submitted to and
approved by the Kodiak Island Borough Assembly, by resolution num-
ber duly authenticated as passed this day of
BOROUGH CHAIRMAN
Page Ten, ORDINANCE No. 64-14K. I. B.
By:
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
Section V. Filing Fee
Th,,preliminary plat shall be accompanied by a required fee
in the amount of twenty dollars ($20.00), plus two dollars ($2.00)
for each lot. Checks or money orders shall be payable to the Kodiak
Island Borough.
Section VI. Submission to Borough Assembly
After final approval of the final plat by the Planning Com-
mission, such final plat, together with the recommendation of the
Commission shall be submitted to the Borough Assembly.
Unless disapproved, the final plat shall be approved by the
Borough Assembly by resolution, which resolution shall provide for
the acceptance of all streets, alleys, easements, or other open
spaces dedicated to public purposes. After completion of the provi-
sions of Section VIII hereof with respect to improvements and certi-
fication thereto by the Borough Engineer, the Borough Clerk shall
complete the ' }Approved for Recording" certificate and return the plat
to the owner. The subdivider or owner shall then record the approved
subdivision plat in the local recording office and then may proceed
with the sale of lots within the subdivision.
Section VIII,. Subdivision Design Standards
A. Relationship to Adjoining Street System
The arrangement of streets in new subdivisions shall make pro-
visions for the continuation of the principal existing streets in
adjoining areas (or their proper projection where adjoining land is
not subdivided) insofar as they may be deemed necessary by the Commis-
sion for public requirements. The width of such streets in new sub-
divisions shall be not less than the minimum widths established herein.
The street and alley arrangement shall be such as not to cause a hard-
ship to owners of adjoining property when they plat their own land and
seek to provide for convenient aceess to it. Off -set streets should be
avoided.
Page Eleven, ORDINANCE No. 64. -f- K. I. B.
Streets obviously in alignment with existing streets shall_
bear the names of the existing streets. All proposed street names
shall be checked against duplication of other street names.
B. Street and Alley Width
(1) The widths of major highways shall conform to the widths
designated on the Major Street Plan.
(2) The minimum width for minor streets shall be 60 feet.
A wider street width may be required where the storm water is accomo-
dated in an open ditch or in ditches along the pavement. When minor
streets adjoining unsubdivided property, a half street at least 30
feet in width may be dedicated and whenever sub - divided property ad-
joins a half street, the remainder of the street shall be dedicated.
(3) Alleys are not recommended in single and two - family resi=
dential districts; and when provided, a minimum width of 20 feet shat:
be required. Alleys are required in the rear of all business lots
and shall be at least 20 feet wide.
C. Easements
Easements of at least ten feet in width shall be provided on
each side of rear lot lines and along side lot lines, where necessary
for poles, wires, conduits, storm and sanitary sewers, gas water or
other mains. Wherever possible, lot lines shall be arranged to bisect
the exterior angle so that pole guys will fall along side lot lines.
Easements of greater width may be required along or across lots where
necessary for the extension of main sewers or other utilities or where
both water and sewer lines are located in the same easement.
D. Blocks
(1) No block shall be longer than 1,200 feet. Where blocks
are over 1,000 feet in length, a crosswalk at least 10 feet in width
may be required near the center of the block.
(2) In platting residential lots containing less than 10,000
Page Twelve, ORDINANCE No. 64 -'L K. I. B.
square feet, the depth of the block should not exceed twice the
minimum width allowed under the zone district in which the lot
is located.
(3) Where a tract of land is such size or location as to
prevent a lot arrangement directly related to a normal street design,
there may be established one or more courts, dead -end streets, or
other arrangements, provided however, that proper access shall be
given to all lots from a dedicated street or court. A dead -end
street shall terminate in an open space (preferably circular) having
a mimimum radius of 50 feet. A dead -end street shall not exceed
1,000 feet in length.
E. Lots
(1) The lot arrangement and design shall be such that all
lots will provide satisfactory and desirable building sites, properly
related to topography id the character of surrounding development.
(2) All side lines of lots shall be at right angles to
straight street lines and radial to curved street lines except where
a variation to this rule will provide a better street and lot layout.
Lots with double frontage shall be avoided.
(3) No lot shall have an area or width less than that re-
quired by the zoning ordinance.
(4) Where corner lots back upon lots facing the side street,
the corner lot shall have extra 10 feet width sufficient to permit
the establishment of front building lines on both the front and side
of the lots adjoining the streets.
(5) In subdivisions where septic tanks or other individual
sewage disposal devices are to be installed, the size of all lots ?
included in such subdivision shall be subject to the approval of the
State Sanitarian for the local area or his e nt. The approval
of the Sanitarian shall be based upon the Alaska State 13-of
Heel' r requirements. He shall notify the developer and the Planning
Page Thirteen, ORDINANCE No. 641.K. I. B.
Commission in writing of his findings. In no case shall the area of
such lots be less than 25,000 sq. ft. and only under ideal conditions
shall the area be less than 40,000 sq. ft.
F. Character of Development
The subdivider shall confer with the Commission regarding the
type and character of development that will be permitted in the sub
division and may agree to place certain minimum restrictions upon the
property to prevent the construction of substandard buildings, control
the type of structures or the use of the lots which, unless so con-
trolled would clearly depreciate the character and value of the pro-
posed subdivision and of adjoining property. Covenants running with
the land may be included to provide for the creation of a Property
Ownerst Association
and maintenance of the
that such covenants
or Board of Trustees for the proper protection
development in the future, provided, however,
shall not contain reversionary clauses wherein ary
lot shall return to the subdivider because of a violation thereon
of the terms of the covenants.
G. Parks, School Sites, Etc.
In subdividing property, consideration shall be given to
suitable sites for schools, parks, playgrounds, and other common
areas for public use so as to conform to any recommendations of the
General Plan. Any provision for schools, parks and playgrounds
should be indicated on the preliminary plan in order that it may be
determined when and in what manner such areas will be provided or
acquired by the appropriate taxing agency.
H. Easements Along Streams
Whenever any stream or important drainage course 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.
Page Fourteen, QRDINANCE No. 64rt.K. I.. B.
Section VIII. Minimum Improvements Required
Receipt of the signed copy of the approved preliminary plan
is authorizationfor the subdivider to proceed with the preparation
of plans and specifications for the following minimum improvements
and with the preparation of the final plat. Prior to the construc-
tion of any improvements required (or to the submission of a bond in
lieu thereof), the subdivider shall furnish the Planning and Zoning
Commission all plans, information and data necessary to determine
the character of said improvements. These plans shall be examined
by the Borough Engineer or a professional engineer under contract
to review all subdivisions by the Planning and Zoning Commission,
and will be approved if in accordance with the requirements of this
section. Following approval of the final plat by the Borough Assem-
bly, construction can be started (or the amount of the bond determined
These improvements must be completed or proper bond provided within
one (1) year of the approval of the Borough Assembly and unless an
extension is granted the approval of the final plat will be null and
void and the final plat must be resubmitted and accompanied by a new
filing fee.
No final or official plat of any subdivision shall be appro-
ved by the Borough Assembly or recorded unless:
(a) The improvements listed in the following subsections hav;
been installed prior to such approval, or
(b) The subdivider shall file with the Borough Clerk a suret
bond, cashier's check or a certified check upon an Alaskan bank con-
ditioned to secure the construction of the improvements listed in the
following subsections in a satisfactory manner and within a period
specified by the Borough Assembly, but such period shall not exceed
two years. No such bond or check shall be accepted unless it be
enforceable by or payable to the Borough in a sum at least equal to
Page Fifteen, ORDINANCE No. 64-11K. I. B.
the cost of constructing the improvements as estimated by the Bo-
rough Engineer or his equivalent, and in form with surety and con-
ditions approved by the Borough Attorney.
1. Street Improvements
All street and public ways shall be graded to their full
width, and to the appropriate grade and shall be surfaced to a min-
imum width of th_rty (30) feet in accordance with applicable standard
specifications of the Borough, and all streets in any subdivision
that the Planning and Zoning Commission shall designate as major
streets shall be surfaced to a minimum width of forty (40) feet. The
cross section of construction shall contain non -frost susceptible
material to the depth of 42" from appropriate grade, and in the ab-
sence of any other specified depth by applicable standard specifica-
tions of the Borough. Such construction shall be subject to inspec-
tion and approval by the Borough Engineer or his equivalent under
contract by the Borough, and shall comply with all applicable Borougr
standards forconstruction.
2. Sidewalks
Concrete sidewalks or approved asphaltic concrete not less
than four (4) feet in width, shall be constructed along at least one
side of all major streets and arterial streets. The Planning Commis
sion may also require the construction of sidewalks along at least c
side of minor streets. (In subdivisions of 10 lots or less, the sub
divider will include a covenant on the recorded plat that when an irr
provement 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.)
3. Water Lines
In subdivisions of 10 or more lots an approved public wate
supply shall be provided for each lot within the subdivision area.
Page Sixteen, ORDINANCE No 64-54
Fire. hydrants shall also be installed in all subdivisions and in
accordance with the specifications of the National Board of Fire
Underwriters. (In subdivisions of 10 lots or less, the subdivi-
der will include a covenant on the recorded plat that when an im-
provement 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.)
4. Sanitary Sewers
The subdivider shall install sanitary sewer lines to
serve each lot. All such sewer lines shall be constructed in ac-
cordance with regulations and requirements of, and under the super-
vision of the Borough Engineer's Office or his equivalent under
contract by the Borough, if such sanitary sewers are available
for connection by the said subdivider and are located within 1500'
of the subdivider's nearest lot line.
5. Drainage
All,necessary facilities, either underground pipe or drain-
age ditches shall be installed to provide adequate disposal of sur-
face water and to maintain any natural water'courses.
(c) In resubdivisions or in other special cases specifi-
cally approved by the Commission, if the subdivider is unable to
comply with the requirements of this section, then any plat shall
contain a covenant that all of the lots in any subdivision, as de-
fined in this ordinance, shall be subject to assessment for any of
the improvements required herein when installed at a future time
by the 3orough. The following guide lines will govern for the
definition of special cases:
1. Installation of streets under Section VIII (b) 1 shall
not be required if all lots are larger than 5 acres.
Page Seventeen, ORDINANCE No. 64-icK. I. B.
Fire hydrants shall also be installed in all subdivisions and in
accordance with the specifications of the National Board of Fire
Underwriters. (In subdivisions of 10 lots or less, the subdivi-
der will include a covenant on the recorded plat that when an im-
provement 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.)
Sanitary Sewers
The subdivider shall install sanitary sewer lines to
serve each lot. All such sewer lines shall be constructed in ac-
cordance with regulations and requirements of, and under the super-
vision of the Borough Engineer's Office or his equivalent under
contract by the Borough, if such sanitary sewers are available
for connection by the said subdivider and are located within 1500'
of the subdivider's nearest lot line.
5. Drainage
All,necessary facilities, either underground pipe or drain-
age ditches shall be installed to provide adequate disposal of sur-
face water and to maintain any
(c) In resubdivisions
cally approved by the Commission, if
comply with the requirements of this
contain a covenant that all of the lots in an
ordinance, shall be subject to assessment for any of
required herein when installed at a future time
by the Borough. The following guide lines will govern for the
definition of special cases:
1. Installation of streets under Section VIII (b) 1 shall
required if all lots are larger than 5 acres.
fined in this
the improvements
not be
Page Seventeen, ORDINANCE No. 64-1K. I. B.
natural water courses.
or in other special cases specifi-
the subdivider is unable to
section, then any plat shall
y subdivision, as de-
2. Installation of water lines under Section VIII (b)
3 shall not be required if all lots are larger than 1 acre unless
required by the sanitarian.
3. Installation of Sanitary sewers under Section VIII (b)
4 shall not be required if all lots are larger than 2 acre.
4. Installation of sidewalks under Section VIII (b) 2
shall not be required if all lots are larger than 10,000 sq. ft.
Section IX. Variations and Exceptions
A. General
Whenever the tract to be subdivided is of such unusual
size or shape or is surrounded by such development or unusual con-
ditions that the strict application of the requirements contained
in these regulations would result in real difficulties or subs-
tantial hardship or injustice, the Borough Assembly, after report
by the Planning and Zoning Commission, may vary or modify such re-
quirements so that the subdivider may develop his property in a
reasonable manner, but so that at the same time, the public wel-
fare and interests of the Borough and surrounding areas are pro-
tected and the general intent and spirit of these regulations
preserved.
B. Platting:- Where small parcels of land to or between
adjoining property owners are sold or exchanged, where such sale
or exchange does not create additional lots, and therefore is not
considered a subdivision of land a plat shall be submitted that
shall comply with the minimum of final plat requirements.
Section X. Enforcement
(a) No plat of any subdivision shall be qualified for re-
cording in the Office of the District Magistrate of the State of
Alaska or have any validity until it shall have been approved in
the manner prescribed herein.
Page Eighteen, ORDINANCE No. 64 -L K. I. B.
3 1
(b) The Borough Assembly shall not permit any public im-
provements over which it has any control to be made, or any money
expended for improvements in any area that has been subdivided or
upon any street that has been platted, after the date of the adop-
tion of this Ordinance unless such subdivision or street has been
approved in accordance with the provisions contained herein.
(c) The owner or Agent of the owner of land located
within the subdivision who transfers, sells or agrees, or enters
into a contract to sell land in the subdivision before a plat of
the subdivision has been prepared, approved and recorded in compli-
ance with this ordinance and the subdivision regulations adopted
herewith, is guilty of a misdemeanor and upon conviction is punish-
able by a fine of not more than $300.00 for each lot or parcel
transferred or sold or agreed or included in a contract to be sold.
The Borough Assembly may enjoin a transfer or sale or agreement to
sell, and may recover the penalty by appropriate legal action.
Section XI. Changes and Amendments
Any regulations or provisions of this Ordinance may be
changed and amended from time to time by the Borough Assembly pro-
vided, however, that such changes or amendments shall not become
effective until after study and report by the Planning and Zoning
Commission and until after a public hearing has been held, public
notice of which shall have been given in newspaper of general cir-
culation at least fifteen (15) days prior to such hearing and posted
in the Borough Office.
Section XII. Validity
If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be unconstitutional or
void, such decision shall not affect the validity of the remaining
portions of this Ordinance.
P age Nineteen, ORDINANCE No. 644K. I. B.
'VW
l 7 Q l 1 t0 1 3!
Section XIII. When Effective
This Ordinance shall be in full force and effect after
its passage and publication, as provided by law.
/ /2 GAp,•. 7- ti -
.2 Rc..o.u2. 7— C-4
Passed:
Attest:
Borough Clerk
Page Twenty, ORDINANCE No. 641K. I. B.
Borough Chairman