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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