1976-09 Regulating Excavation of Materialso r►
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KODIAK ISLAND BOROUGH
ORDINANCE NO. 76 -9 -0
AN ORDINANCE REGLUATING EXCAVATION OF MATERIALS
The KODIAK ISLAND BOROUGH ASSEBMLY hereby ordains:
Section I. That Section 10 of Subchapter 2, Chapter 5 of the
Kodiak Island Borough Code of Ordinances is amended by adding a new
subsection "I" to read as follows:
I. Excavations: (a) No person may excavate or remove, or
cause to be excavated or removed rock, soil or other nonorganic material
from an area located in any zone within the borough, without first obtaining
a permit from the Planning and Zoning Commission for an additional use
as described in Section 11 (a) (10) of this subchapter and the permit
required by Chapter 70 of the Uniform Building Code.
(b) • The provisions of (a) of this section do not apply to the
removal of up to 1,000 cubic yards, as measured in place, of rock, soil
or other nonorganic material in conjunction with construction of a
building foundation or foots and associated site preparation, nor shall
they be construed to prohibit the following:
(i) excavations necessary to the construction of
reasonable access routes to facilities on the property.
(ii) excavations necessary to the construction or
installation of public utilities.
(iii) excavations required by and incorporated
within a construction project being performed
pursuant to a contract with a state or municipal
agency.
(c) A person desiring to perform excavation work not author-
ized by the exemptions of (b) of this section shall complete the required
application, pay the applicable fees and submit all maps, plats, reports,
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studies or samples mandated by the Building Coue or required by the
Building Official.
The Building Official shall submit all materials provided by the
applicant together with his recommendations, to the Planning and Zoning
Commission.
(d) The Planning and Zoning Commission shall conduct a
public hearing prior to acting on the request for Special Use Permit to
perform the excavation work. Notice of the hearing shall be published
in a newspaper of general circulation, posted in three public places
and mailed to each owner of property located within 300 yeards of the
proposed excavation, at least seven days prior to the hearing. The
Planning and Zoning Commission may require additional information
determined to be necessary.
(e) If an applicant requests the Special Use to permit excavation
to prepare a site for construction in an Unclassified, Residential or
Conservation Zone, he shall submit to the Planning and Zoning Commission
a development plan and schedule for the area to be developed and a
statement under oath of the intended use. If the value of the materials to
be extracted is high in relation to the anticipated value of the property
immediately following excavation, the Planning and Zoning Commission
may require a corporate surety bond to insure completion of the develop
ment plans. The bond will be in an amount equal to the estiMated on site
value of the materials to be extracted and will be in addition to any
other
bonds that may be required by the building code or these ordinances. The
bond shall be payable to the borough if the property owner fails or '\
refuses to comply with the development plan.
Section 2. Property
wners who are excavating or causing excavations.
ti n of this ordinance that are prohibited or regulated by
at the time of adopti
its provisions shat , within ten (10) days after the effective date of this
lication to the Planning
and Zoning Commission
ordinance, submit an app
for a Special Use Permit in compliance with provisions of the Ordinance.
it Section 4.
notice of such hearing published in the newspaper of general circulation
1I published at least seven days prior. This ordinance shall become effective
I1 on the date of passage.
I I'I KODIAK ISLAND BOROUGH
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The Planning and Zoning Commission shall take all steps necessary to
expedite consideration of the permit application.
A public hearing shall be held on this ordinance following
I i ATTEST:
l i
I\
I FIRST READING, APPROVAL DATE:
SECOND READING, PUBLIC HEARING DATE:
I PASSAGE DATE:
Borough Clerk
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PAGE THREE OF ORDINANCE NO. 76 -9 -0
Borough Mayor
Presiding Officer