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1989-18 Amending Title 16 Subdivisionsread: read: By: Introduced: Public Hearing: Amended: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. 89 -18 -0 AN ORDINANCE AMENDING TITLE 16, SUBDIVISIONS, Mayor Selby 6/01/89 7/06/89 7/06/89 7/06/89 BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1. This ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. Section 2. Chapter 16.20 is amended by adding a new section to 16.20.015 ADEC. The Alaska Department of Environmental Conser- vation. Section 3. Chapter 16.20 is amended by adding a new section to 16.20.155 Registered Engineer. A registered engineer registered in the State of Alaska, or someone working under the engineer's direct supervision. Section 4. Section 16.20.050 is amended to read: 16.20.050 Borough Engineerinq and Facilities Director. The Director of the Kodiak Island Borough Engineerinq and Facilities Department, [A REGISTERED ENGINEERING ACTING UNDER CONTRACT WITH THE BOR- OUGH,] or designee. Section 5. Section 16.10.160 is amended to read: 16.20.160 Review Agency. A group, governmental agency, utility or city representative established by resolution of the Commission to receive preliminary plats for review and comment. This term includes but is not limited to the Community Development Director and Borough Engineerinq and Facilities Director, including work performed at their direction by qualified i contractors. Section 6. Section 16.30.010 is amended to read: 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 plat approval may be granted by the Community Development Director [BOROUGH ENGI- NEER]. Ordinance No. 89 -18 -0 o,.-a 1 ni 111 Section 7. Section 16.30.040 is amended to read: 16.30.040 Action. A. The platting authority for the abbreviated p'' procedure is vested in the Community Development Director [BOROUGH ENC. NEER]. The Community Development Director [BOROUGH ENGINEER] shall, within eighteen (18) working days of acceptance of the plat, approve or deny as a preliminary plat by the Com- the plat, or schedule the plat to be heard I mission at the next appropriate monthly meeting. All approvals or denials will be reported to the Commission. B. Accepted preliminary 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 Director [BOROUGH ENGINEER] within fifteen (15) working days of acceptance. C. Preliminary approval of the plat shall be for a period of twenty -four (24) months. D. All decisions of the Community Development Director [BOROUGH ENGINEER] as to the approval or denial of the plat shall be final unless ap- pealed to the Commission within ten (10) working days of receipt of notifica- tion 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 of this title. Section 8. Section 16.30.050(D) is amended to read: D. Aliquot part subdividers may be required to demonstrate to t Community Development Director [BOROUGH ENGINEER] that pro- posed access can be constructed practically and economically within any access easement. Section 9. Section 16.40.030 is amended to read: 16.40.030 Prints, Type and Number to be Submitted. Unless otherwise directed, ten (10) prints of the preliminary plat, supporting materials and appropriate filing fee must be submitted to the Community Development Direc- tor [BOROUGH ENGINEER]. The preliminary plat shall be drawn to a scale specified in 16.50.020(C) [APPROVED BY THE BOROUGH ENGINEER! on paper of one of the following sizes with each sheet being the same size: 1. 18 inches by 24 inches, or 2. 24 inches by 36 inches. Section 10. Section 16.40.040(A)(6) is amended to read: 6. A property map of the proposed plat areas, including: a. The location of all property lines; b. A topographic survey with contours at suitable intervals (generally five foot) unless documentation is provided by a registered surveyor that such information is not rele- vant to the proposed subdivision [IF REQUIRED BY TI" BOROUGH ENGINEER]; Ordinance No. 89 -18 -0 Page 2 of 10 B. The ing: 4[3]. g. Ordinance No. 89 -18 -0 Page 3 of 10 c. The general location of streams, lakes, swamps, and drainage courses, including the location of floodplain areas; d. Dedicated rights -of -way, patent reserves, road ease- ments, and reservation, and other constructed roadways located within and abutting the area to be platted, in- cluding right -of -way widths; e. 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; f. Adjacent property lines shall be shown with a dashed line to show their general relation to the proposed plat; and The location of known existing facilities and structures within the proposed subdivision, such as buildings, sewage system, utility easements of record or in use, excavation, bridges, culverts, water systems and wells. Section 11. Section 16.40.040(B) is amended to read: subdivider shall submit supporting written information, includ- 1. A statement that the preliminary plat meets all the requirements of this title or a request for a subdivision variance. 2[1]. A document that describes the proposed water supply for the subdivision. Where a community or other water system or source is proposed, the water source shall be described. 3[2]. A document that describes the proposed means of wastewater disposal. The preliminary plat shall tentatively identify suitable areas in the subdivision to accommodate the wastewater disposal system proposed. If proposed, copies of protective covenants, deed restric- tions and /or home association by -laws affecting the proposed subdivision. Section 12. Section 16.40.060(A) through (D) is amended to read: 16.40.060 Procedure. A. The Community Development Director [BOR- 000H ENGINEER] shall review the preliminary subdivision plat for complete - ness within five (5) working days of receipt. If the plat does not meet the requirements of Sections 16.40.020 through 16.40.050, the Community Development Director [BOROUGH ENGINEER] shall notify the subdivider and surveyor in writing stating the additional information required. B. If the application and submittal requirements have been met, within five (5) working days after [BY] the deadline established for the Commission agenda (the Friday after the regular monthly meeting) the Community Devel- opment Director [BOROUGH ENGINEER] shall accept the preliminary plat for review by the Commission at the next regular meeting. C. An accepted preliminary plat shall be sent to official review agen- cies established by the Commission for review and comment. Comment from the review agencies must be submitted in writing to the Community Develop- ment Director [BOROUGH ENGINEER] nine (9) working days prior to the Commission meeting at which the plat will be considered. D. The Borough Engineering and Facilities Director and Community Development Director shall make recommendations and comments in writing to the Commission no later than six (6) working days prior to the Commission meeting at which the plat will be considered. Section 13. Section 16.50.010 is amended to read: 16.50.010 Final Plat Procedure. A. The final plat shall comply with the requirements of this Title and shall be submitted to the Community Devel- opment Director [BOROUGH ENGINEER] within twenty -four (24) months of preliminary plat approval. B. The final plat may be approved by the Community Development Director [BOROUGH ENGINEER] when the final plat meets the conditions of preliminary approval. The Community Development Director [BOROUGH ENGINEER] shall report approvals at the next regular Commission meeting. 1. The Community Development Director [BOROUGH ENGINEER] shall approve or deny the final plat within thirty (30) calenda- days after acceptance and shall notify the subdivider by lett of the action with an official statement of findings and reasons for the action. 2. A final plat differing substantially from the approved prelim- inary plat shall require submittal to the Commission for, public hearing and approval. The Community Development Director [BOROUGH ENGINEER] shall make his comments and recommen- dations in writing and shall submit them to the Commission at least six (6) working days prior to the Commission meeting to consider the final plat. 3. If action is not taken on the plat within thirty (30) calendar days from the date of acceptance, the plat shall be deemed to have been approved and the statement of plat approval desig- nated in Section 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 Mayor and the Clerk as provided in Section 16.50.050, the original shall be filed with the District Recorder within two (2) working days by the Borough 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 Ordinance No. 89 -18 -0 Page 4 of 10 D. Approval of the final plat by the Mayor [BOROUGH ENGINEER] or Commission shall be dependent upon receipt of the following: 1. A statement from a registered surveyor that the final plat meets all the requirements of this title. 2(1]. When community water systems are proposed for a subdi- vision, the plans must be approved by ADEC, the water distribution lines must be installed at the time roads are developed and the finished construction approved by the Borough Engineering and Facilities Director. The Borough Engineering and Facilities Director may accept an ADEC state- ment of satisfactory completion as basis for approval. 3[2]. For residential subdivisions proposing individual subsur- face wastewater disposal, the following must be approved by ADEC and accompany the final plat: a. At least one suitable location identified on each lot for the type of disposal field proposed, based on perc tests, water table, depth to bedrock, and other criteria set by ADEC. b. The maximum domestic wastewater application rate(s) to the subsurface disposal fields that are proposed (in gallons per foot squared of surface per day). c. The maximum amount of domestic wastewater that may be disposed into any subsurface disposal field (in gallons per day). d. The maximum amount of domestic wastewater that may be disposed in the subdivision (In gallons per acre). The subdivision shall be treated as a whole for this purpose and land that is reserved for greenbelts, common areas, parks, common easements, etc., may be averaged, and divided by the number of lots, and that amount credited to each lot when calculating lot size. 4[3]. For subdivisions proposing individual sewage lagoons, ocean discharge, experimental treatment, or package community treatment systems for wastewater disposal, the concept, plans, and location must be approved by ADEC and accompany the final plat. 5[4]. For subdivisions proposing privies for sewage disposal, no water system shall be proposed and plans showing satisfactory privy design and general location on each lot shall be approved by ADEC and accompany the final plat. 6[5]. For subdivisions proposing industrial wastewater disposal, Ordinance No. 89 -18 -0 Page 5 of 10 plans to assure that no water or groundwater discharge ex- ceeding EPA primary or secondary drinking water standards will leave the subdivision must be received. One of these documents must accompany the final plat. 7[6]. For subdivisions proposing interim individual dispo and /or community sewage collection /treatment, the inte and /or community collection and treatment plans must be approved by ADEC and accompany the final plat. The sewage collector lines must be installed when the roads are developed and their construction approved by the Borough Engineering and Facilities Director. The Borough Engineering and Facili- ties Director may accept as -built approval by ADEC as a basis for approval. 8[7]. A Certificate to Plat issued by a licensed title insurance Ordinance No. 89 -18 -0 Page 6 of 10 company, showing the legal and equitable owners (including mortgagees, deed of trust beneficiaries, contract purchasers and fee owners) of the land to be platted, plus all grants, reservations, covenants, deed restrictions and easements of record which may condition the use of the property. Section 14. Section 16.50.020(C) is amended to read: C. The plat shall be of suitable scale, one inch (1 ") equals twenty feet (20') to one inch (1 ") equals one hundred feet (100') to fit the sheets used; provided, however, that the Community Development Director [BOROUGH ENGINEER] may authorize a scale of one inch (1 ") equals two hundred (200') or other suitable scale to accommodate large acreage parcels. Section 15. Section 16.50.040(D) is amended to read: D. Monument material requirements are minimum standards. Other materials of equal or higher quality approved by the Community Development Director [BOROUGH ENGINEER] shall be allowed if justified in writing by a registered surveyor. Section 16. Section 16.50.050(D) is amended to read: 0. The plat to be filed shall contain the following statement of Plat Approval: Kodiak Island Borough Planning and Zoning Commission: Received ; Approved Chairman ; Date This is to certify that the within plat is duly approved in accor- dance with the Kodiak Island Borough Code this day of 19 Mayor Clerk Date Community Development Director [BOROUGH ENGINEER] Date Section 17. Section 16.50.080 is amended to read: 16.50.080 Appeals. Appeals may be taken from a decision of the Co- - 1 munity Development Director [BOROUGH ENGINEER] as provided in Cha1.i 16.95 of this title. Section 18. Section 16.60.030 is amended to read: 16.60.030 Required Application. In submitting a vacation application, the applicant shall submit the following items to the Community Development Director [BOROUGH ENGINEER], by the deadline established for the Commis- sion agenda (the Friday after the at the next regular meeting: statement regular monthly meeting) to be considered 1. A written containing reasons in support of the vacation. 2. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improve- ments within the area being vacated. Section 19. Section 16.70.010 is amended to read: 16.70.010 Prerequisites to Improvement Construction. No person may begin construction of any improvement required under this chapter unless plans for such construction have been prepared by a professional engineer registered in the State of Alaska, and have been submitted to [APPROVED BY] the Community Development Director [BOROUGH ENGINEER] for subdivisions located outside cities, and to [BY] the Municipal Clerk or City Engineer for subdivisions located within a city. Section 20. Section 16.70.020(A)(1) is amended to read: 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 specifica- tions. The cross- section of construction shall contain nonfrost susceptible material in accordance with the applicable specifications. Such construction shall be inspected [SUBJECT TO INSPECTION] and certified [APPROVAL] by the Borough Engineering and Facilities Director or a registered engineer [HIS EQUIVALENT] under contract to the Borough, and shall comply with all applicable Borough standards for construction. Section 21. Section 16.70.030 is amended to read: 16.70.030 Acceptance of Improvements. No improvement shall be oper- ated 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 Community Development Director [BOROUGH ENGINEER] for subdivisions located outside cities, or by the Municipal Clerk [CITY ENGINEER] for subdi- visions located within a city. Section 22. Section 16.80.025(C) is amended to read: C. Gradients. The maximum permitted road grade shall be eight per- cent except that cul -de -sac areas and temporary turnarounds shall not exceed four percent. The Community Development Director [BOROUGH ENGINEERING Ordinance No. 89 -18 -0 Page 7 of 10 Section 24. Section 16.80.045(A) is amended to read: 16.80.045 Drainage. A. Drainage ditching and culverts shall be pro - vided of sufficient depth and size to carry seasonal high water volumes. Minimum culvert size for drainage shall be twenty -four inches diameter with at least a one percent drainage grade through the pipes. Driveway approaches shall have a minimum eighteen -inch diameter culvert unless otherwise justified by a registered engineer [SPECIFIED BY THE BOROUGH ENGINEER]. Section 25. Section 16.80.055 is amended to read: 16.80.055 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 Community Development Director [ENGINEERING DEPARTMENT] shall consider alternate solutions and m, approve changes when such changes are substantiated and justified by a design analysis prepared by a registered [AN] engineer. 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 [OF ENGINEERED PLANS] by the Community Development Direc- tor of plans prepared and certified by a registered engineer [BOROUGH 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 26. Section 16.90.050(A) is amended to read: 16.90.050 Appeal Hearing - Notice, Preparation of Record. A. Upon timely commencement of an appeal, the Borough Clerk shall schedule the appeal hearing, mail notice of the appeal, request the Community Development Director (BOROUGH ENGINEER] to prepare the appeal record, and notify the Commission of the appeal. DEPARTMENT] may approve road grades to fifteen percent if a plan and profile of the road is submitted by a registered engineer, and the engine i certifies [BOROUGH ENGINEER CONCLUDES] that safety standards are met. Section 23. Section 16.80.040(G) is amended to read: G. Geotextiles ( "TYPAR" OR OTHER SYNTHETIC FABRICS] may be used upon submittal of satisfactory supporting data from a registered engi- neer and approval by the Community Development Director [BOROUGH ENGI- NEER]. Section 27. Chapter 16.95 is amended to read: 16.95.010 Persons Who May Appeal. A written decision of t, Ordinance No. 89 -18 -0 Page 8 of 10 Community Development Director (BOROUGH ENGINEER] granting or denying approval of a plat may be appealed by the applicant. 16.95.020 Commencement of Appeal; Stay. A. A decision of the Community Development Director [BOROUGH ENGINEER] is final unless an appeal of the decision is commenced within ten (10) days after the decision. B. An appeal is commenced by filing with the Community Development Department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. C. An appeal from the decision by the Community Development Director [BOROUGH ENGINEER] is to the Commission. 16.95.030 Appeal Hearing - Notice, Preparation of Record. timely commencement of an appeal, the Community shall schedule the appeal hearing, mail notice BOROUGH ENGINEER TO] prepare the appeal of the appeal. B. For appeals from the BOROUGH ENGINEER'S] decision, Ordinance No. 89 -18 -0 Pane 9 of 10 Community notice shall of the appeal, record Development Director's [A be Development property owners. The notice shall include the appellant's describe the decision appealed from, state the time within which written argument supporting submitted, and contain the substance of regarding the availability C. The receipt of the Director's [A include the written decision and supporting documentation. 1 Department shall, by certified mail, serve a copy of the appeal date of the appeal hearing and or opposing the appeal may be E of subsections and notify the Commission given to C and [REQUEST notice A. Upon Department all adjoining of THE appeal, this section of the appeal record. appeal record shall be completed within twenty (20) days of notice of appeal for appeals from the Community Development BOROUGH ENGINEER'S] decision. The appeal record shall Community Development Director's [BOROUGH ENGINEER'S] D. Following completion of the record, the Community Development record on the applicant. The Community Development Department shall deliver a copy of the appeal record to the Borough staff assigned responsibility for the appeal. E. A copy of the appeal record shall be available for public inspection at the Community Development Department office. Any person may obtain a copy of the record upon payment of the fee therefor established under this title. 16.95.040 Appeal Hearing. A. On an appeal from the Community Development Director's [A BOROUGH ENGINEER'S] decision the Commission shall hold a public hearing on the appeal at its first regular meeting after the record is prepared. B. At the hearing before the Commission, any interested person may present oral or written argument. Oral argument shall be subject to the following order and time limitations, unless the Commission, for good cause shown, permits a change in the order or an enlargement of time: 1. Borough staff, ten minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant, ten minutes; 3. Private person supporting the appeal, ten minutes each; 4. Private person opposing the appeal, ten minutes each; 5. Appellant, for rebuttal, ten minutes. C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. D. The Commission shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. 16.95.091 Decision. A. The Commission shall either affirm or reverse the decision of the Community Development Director [BOROUGH ENGINEER] in whole or in part. If the Commission fails to approve the reversal of the Community Development Director's [ENGINEER'S] decision, that decision is affirmed. B. Every decision of the Commission to affirm or reverse an action of the Community Development Director [BOROUGH ENGINEER] shall be base upon findings and conclusions adopted by the Commission. Such finding. must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. C. The Commission's decision affirming or reversing the decision of the Community Development Director [BOROUGH ENGINEER] shall be mailed to the parties to the appeal within ten (10) days after the appeal decision. ATTEST: PASSED AND APPROVED THIS 6TH DAY OF JULY, 1989. Kodiak Island Borough Ordinance No. 89 -18 -0 Page 10 of 10 Yg Bop ugh Mayor J >/ c T iding Officer