1993-18 Amending Kodak Island Borough Code Title 16 Subdivisions to Provide for Right-of-Way Acquisition Platting1
KODIAK ISLAND BOROUGH
ORDINANCE NO. 93 -18
Introduced by: Mayor Selby
Requested by: Planning &
Zoning Commission
Drafted by: Community
Development Department
Introduced: 03/04/93
Public Hearing: 03/18/93
Adopted: 03/18/93
A ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE
TITLE 16 SUBDIVISIONS
TO PROVIDE FOR RIGHT -OF -WAY ACQUISITION PLATTING
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has held
several public hearings to consider amending Title 16 Subdivisions of the
Kodiak Island Borough Code to provide procedures for right -of -way
acquisition platting; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has
recommenced that the Kodiak Island Borough Assembly adopt the
proposed amendments to Title 16 Subdivisions;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Section 2: Chapter 16.30 Abbreviated Plat is hereby amended as follows:
CHAPTER 16.30
ABBREVIATED PLAT
Sections:
16.30.010 Use of Abbreviated Plat.
16.30.020 Eligible Preliminary Plats.
16.30.030 Information and Design Requirements Action.
16 . 3 0;035 nform** with other Provisions.
16.30.040 Action.
16.30.050 Approval Criteria.
Kodiak Island Borough. Alaska Ordinance No. 93-18
Page 1 of 8
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 for abbreviated plats may be
granted by the community development director.
16.30.020 Eligible Preliminary Plats. The following subdivisions may be submitted
for preliminary plat approval by the abbreviated plat procedure.
A. The movement, addition, or elimination of lot lines within filed,
surveyed subdivisions that do not result in the creation of more than four (4) lots,
parcels, or tracts.
B. Subdivision of a single tract, parcel, or lot into four (4) or fewer lots
once every two (2) years.
C. An aliquot part subdivision of lots ten (10) acres or greater which
meets the requirements of sections 16.30.050 C and D.
D. The platting of a vacation approved by the commission provided that
only the vacation is to be depicted and no other alteration of the plat is sought or
required by the Kodiak Island Borough.
E. Subdivision of a cemetery.
F A subdivision plat 'created for government: ;agency acquisition of a
street right -of -way:
16.30.030 Information and Design Requirements. fk' The community development
director shall review the abbreviated plat for completeness within five (5) working
days of receipt. The abbreviated plat submission requirements are the same as
provided for preliminary plats in sections 16.40.020 through .050 of this titled except
for!; right of way acquisition plats. If the abbreviated plat does not meet the
requirements of those sections, the community development director shall notify the
subdivider and surveyor in writing stating the additional information required.
6
A'Aght4tilMaYaetitlititiett.Olat shall contain the following information
the locat €ors and nemei of the acquisition project;
2. t he ttstimated;drnetable for acquisition; and. construction;
irnensioas and: area of tote acquired parcel and the
rf he property owners ident. fled by parcel,: and
rriale fee as; set by borough resolution
y rrgl t•of -way acquisition plat shall be submitted • for
review uni development director no late than sixty 160) days after a
o
right has been acquired by a government entity.
1630.035 Conformance with atfrer Pray €signs_ A r €ght- of -wav acaei €sitinn n €at. s hall
conform tothe submission requirements of section 1'6.30.030 of this chapter and to
the thit other provisions of this title provided that:
fight -of way acquisition plat is not; subjec to arty other su missior
requirements for }oats ... :04§0i#OCOtlaplgtO
Kodiak Island Borough, Alaska Ordinance No. 93 -18
Page 2 of 8
right -of -way acquisition is not subject to :Cttaftter 16.70
Improve e code; and
tirvey requirements
established 'agreement between
government oy applying for plat
applicants; prt vlsrons of this t itle. '.
16.30.040 Action. A. The platting authority for the abbreviated plat procedure is
vested in the community development director. The community development director
shall, within twenty (20) working days of acceptance of the plat, approve or deny the
plat or schedule the plat to be heard as a preliminary plat by the commission at the
next appropriate monthly meeting. All approvals or denials will be reported to the
commission.
B. Accepted abbreviated plats shall be sent to appropriate review
agencies for review and comment. Comments from the review agencies must be in
writing and received by the community development director within fifteen (15)
working days of acceptance of the plat.
C. Approval of an abbreviated plat shall be effective for a period of
twenty -four 124) months; provided, however, that the community development
director may grant an extension of time for filing the final plat upon .a finding that it
is in the public interest to do so.
D. All decisions of the community development director as to the
approval or denial of the abbreviated plat shall be final unless appealed to the
commission within ten (10) working days of receipt of notification of action on the
plat. Any appeal to the commission shall be conducted as a preliminary plat
application.
E. Final plat requirements shall be as set forth in Chapter 16.50 Final
Plat of this title.
16.30.050 Approval Criteria. Abbreviated plats shall meet the following minimum
requirements.
A. All lot design criteria of section 16.40.050.
B. The eligibility requirements of section 16.30.020.
C. No subdivision shall:
1. allow a change in the permitted use to which the lot or tract may
be devoted under existing zoning;
2. alter or vacate a dedicated street, right -of -way, or other public
area, or requite additional dedication;
3. deny adequate access to and from all lots or tracts created by the
subdivision or those adjacent to it; or
4. create a residential lot smaller than the minimum size for the
zoning district.
D. Aliquot part subdivider may be required to demonstrate to the
Community Development Director that proposed access can be constructed
practically and economically within any proposed access easement.
Kodiak Island Borough, Alaska
for a right-0
f Way acqu i s ition plat shall be
the community development director and
prCtcral or, if there •is n o such agreemen by the
Ordinance No. 93 -18
Page 3 of 6
Section 3: Chapter 16.50 Final Plat is hereby amended as follows:
16.50.050 Dedications and Certificates. The following applicable dedications and
certificates shall be shown on the final plat.
A. Where a dedication of lands to the public is proposed in the plat, the
final plat shall be accompanied by a statement of ownership and dedication which
shall read substantially as follows:
I (we), hereby certify that I am (we are) the owner(s) of the
property described hereon. I (we) hereby dedicate to the public
all easements for public utilities, streets, alleys, thoroughfares,
parks, and other public areas shown hereon.
This certificate must be signed by all parties who own a legal interest in the title to
the land being platted or a beneficial interest in the land pursuant to a mortgage, deed
of trust, or contract of sale, provided, however, that said requirements shall be
satisfied by the signature of any person or agency or institution or organization duly
authorized by the owner of a legal or beneficial interest in the property being platted
to so sign or to subdivide or to plat. Said certificate shall be signed before the
borough clerk or a notary public. Proof that all parties of real interest are included
shall be established by either an abstract of title certified to the date of filing, or by
a Certificate to Plat, prepared by a title company authorized under the laws of the
State of Alaska, within six (6) months of the date the final plat is submitted.
A right - of - way acquisition plat shall be acknowledged by the appropriate local, states
or federal official in lieu of owner certification for, adjoining remainder parcel land
owners.
In some cases, it may be desirable that access from certain lots or parcels be denied
to certain roads or other rights -of -way. In such cases, the statement outlined above
shall be followed by one which reads substantially as follows:
Said dedication to the public shall in no way be construed as a
permit for access to Street(s) from Lot(s)
B. Rights -of -way not dedicated to the public must be clearly marked as
not dedicated on the face of the plat. Right -of -way acq uisition parcels not dedicated
fn ! f he nuhirr* which :tie::: nnnr.ni fnrminn iiy virtue o 7nnlntf' Cha!! re wire air
appropriate note of the plat which prohibits any development not • related to right -of-
way im em
provents— unless the tract is re co
ade nforming underthe applicabl zoning
regulations. Right -of way acquisition parcels not der ic at e d , and a tl remainder parcels
sh all be idebtifled pins the €irtat Pet with a new legal description. to: distinguish new
parcels created by platfrom the pre- existing lot •descriptions.
Kodiak Island Borough. Alaska Ordinance No. 93 -18
Page 4 of 6
C. The plat to be filed shall contain a certificate of the land surveyor
who prepared the plat in the language which follows:
Approval:
Kodiak Island Borough, Alaska
9
3 " r t%
I hereby certify that I am properly registered and licensed to
practice land surveying in the State of Alaska, that this plat
represents a survey made by me or under my direct supervision,
that the monuments shown hereon actually exist as described,
and that all dimensions and other details are correct.
DATE REGISTRATION NUMBER
(Surveyors Seal)
REGISTERED LAND SURVEYOR
D. The plat to be filed shall contain the following statement of Plat
Kodiak Island Borough Planning and Zoning Commission:
Received ; Approved
Chairman ; Date
This is to certify that the within plat is duly approved in
accordance with the Kodiak Island Borough Code this _ day of
, 19 .
Mayor
Clerk Date
Community Development Director
Date
E. The plat to be filed shall contain a statement by the mayor and the
clerk that the Kodiak Island Borough accepts all real property dedicated for public use
and public purposes on the plat. Acceptance of dedication for subdivisions within a
city shall be acknowledged by the city mayor and clerk.
F plats, except acquisition acquisita plats, .must contain a
centric diet es; have been paid to the date of filing the plat, as follows:
I hereby certify that, according to the records of the Kodiak Island
Borough, all taxes assessed and due against said land and in favor
of the Kodiak Island Borough are paid in full.
Ordinance No. 93 -18
Page 5 of 6
G. The plat shall show all other data that are or may be required on the
plat by statute or ordinance.
ATTEST:
Dated at Kodiak, Alaska, this day of
19
ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY
THIS 18TH DAY OF MARCH, 1993
Donna F. Smith, Borough Clerk
Kodiak Island Borough Clerk
KODIAK ISLAND BOROUGH
e M. Selby, Boroug
Jack L. McFarl
Je
d, Presiding Officer
Kodiak Island Borough. Alaska Ordinance No. 93 -18
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