1986-28 Revising Title 16 SubdivisionsBE IT ORDAINED by the Kodiak Island Borough Assembly that:
Section 1: This ordinance is of a general and permanent nature and
shall become part of the code of ordinances of the Kodiak Island Borough.
Section 2: Title 16 of the Borough Code is he-eby repealed in its
entirety and replaced as attached.
Section 3: This ordinance shall be in full force and effect upon
passage and adoption.
PASSED AND APPROVED THIS
First Reading, Approval Date:
Second Reading, Public Hearing, Approval Date: 2 October 1986
j Adoption Date:
Recommended By: Planning 6 Zoning Commission
Prepared By: Community Development Department
ORDINANCE 86 -28 -0
PAGE 1 OF 25
KODIAK ISLAND BOROUGH
ORDINANCE NO. 86 -28 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AMENDING TITLE 16, SUBDIVISIONS
2 DAY OF October , 1986.
KODIAK ISLAND BOROUGH
June 5, 1986
2 October 1986
91
iding Officer
Chapters:
Sections:
ORDINANCE 86 -28 -0
PAGE 2 OF 24
TITLE 16
SUBDIVISION
16.10 General Provisions
16.20 Definitions
16.30 Abbreviated Plat
16.40 Preliminary Plat
16.50 Final Plat
16.60 Vacations
16.70 Improvements Required
16.80 Standards for Road Improvements
16.90 Appeals to the Assembly
16.95 Appeals to the Planning and Zoning Commission
16.100 Variances
CHAPTER 16.10
GENERAL PROVISIONS
16.10.010 Purpose
16.10.020 Statutory Authority
16.10.030 Scope of Jurisdiction
16.10.040 Alteration or Replat Petition
16.10.050 Exceptions
16.10.060 Fees
16.10.070 Public Hearing and Notification
16.10.010 Purpose. The purpose of this title is to: A. Provide minimum
standards of survey accuracy and proper preparation of plats; and
B. Promote and protect the public health, safety, and general welfare.
and
C. Promote an adequate, efficient street and road system, and provide
utility easements and public walkway easements; and
D. Provide reasonable consideration of adopted Borough plans with a
view to providing the best possible subdivision of land.
16.10.020 Statutory Authority. This title is adopted under the authority of
AS 29.40 as amended.
16.10.030 Scope and Jurisdiction. A. This title governs the subdivision of
all land within the Kodiak Island Borough. No subdivision plat requiring
Borough approval shall be recorded unless approved by the Borough.
B. These subdivision regulations do not apply to any lot or sub-
division legally created and filed for record prior to the effective date of
these regulations, nor to subdivisions given preliminary or final approval by
, the Commission under the previously existing title, except in the instance of
further subdivision of existing lots or tracts.
C. The owner or agent of the owner of land located within a sub-
division who transfers, sells, or enters into a contract to sell land in a
1 subdivision before a plat of the subdivision has been approved, and recorded,
is guilty of a misdemeanor, and upon conviction is punishable by a fine of
not more than $300.00 for each lot or parcel transferred, sold, or included
in a contract to be sold. The Borough may enjoin such a transfer, sale, or
contract to sell, and may recover the penalty by appropriate legal action.
D. No agency of the State or local government may acquire property
through the process of eminent domain which results in a boundary change
unless the agency or local government first obtains from the Commission
preliminary approval of the replat showing clearly the location of the
proposed public streets, easements, rights -of -way and other taking of private
property. Final approval of the replat shall be obtained within six (6)
months of the acquisition. The Commission shall treat applications for replat
made by State or local governmental agencies in the same manner as replat
petitions originated by private land owners.
E. No person may file a plat or seek to have a plat filed unless it
1 bears the approval of the Borough. A person who knowingly violates this
requirement is punishable upon conviction by a fine of not more than $300.00
F. The Borough or any aggrieved person may bring a civil action to
I enjoin any violation of this title, any transfer or sale of an unlawfully
subdivided parcel, the violation of any term or condition of any plat or
other entitlement approved under this title, and to obtain damages for any
injury the plaintiff suffered as a result of the violation. An action for
injunction under this section may be brought notwithstanding the availability
of any other remedy. Upon application for injunctive relief and a finding of
' an existing or threatened violation, the Superior Court shall enjoin the
violation.
16.10.040 Alteration or Replat Petition. A recorded plat may not be altered
i or replatted except by the platting authority on petition of the State, the
Borough, a public utility, or the owners of a majority of the land affected
by the alteration or replat. The petition shall be filed with the platting
authority and shall be accompanied by a copy of the existing plat showing the
proposed alteration or replat.
j 16.10.050 Exceptions. No subdivision shall be approved by the Borough except
upon the submission of a plat prepared in accordance with Chapters 16.40 and
16.50 of this Title, except that:
A. Pursuant to AS 29.40.090(b), the Commission shall, in individual
cases, waive the submission for approval of a plat upon satisfactory evidence
I that:
1. Each tract or parcel of land will have adequate legal and
physical access to a public highway or street; and
2. Each parcel created is five acres in size or larger and the
land is divided into four or fewer parcels; and
3. No dedication of a street, alley, thoroughfare or other public
area is involved or required; and
4. No vacation of a public dedication of land or a variance from
a subdivision regulation is involved or required.
B. Application for an exception shall be made on a form provided by
the Borough. The application shall contain:
1. A sketch depicting the lots to be created, existing
rights -of -way, adjoining parcels and proposed easements.
2. A statement certifying ownership and declaring that the
request is not made for the purpose of or in connection with a
present or projected subdivision.
C. Timely submitted and completed applications will be placed upon the
next Commission agenda. The Commission may approve the exception if it meets
the requirements of State law.
D. A copy of the approval and application will be filed with the
district recorders office.
16.10.060 Fees. A. The Assembly shall establish by ordinance a schedule of
fees to be paid upon application for:
1. Abbreviated Plats
2. Aliquot Part Plats
3. Appeals
4. Preliminary Plat
5. Vacation or Replat
6. Plan Review, Improvements
7. Inspections
B. The fee schedule shall be reviewed periodically for possible
revisions.
C. The fee shall not be waived when the applicant is the Borough,
City, State, Federal government, or a non - profit organization.
16.10.070 Public Hearing and Notification. A. Public Hearings: The
Commission shall hold a public hearing prior to taking any action on:
1. An application for vacation;
2. An application for a preliminary plat except for an
application under the abbreviated plat procedures;
3. An application for final plat when the final plat differs
significantly from the preliminary plat;
4. The modification or removal of a condition of approval.
B. Notification: Notices shall include the date, time and location of
the hearing or appeal and protest rights will be disclosed as well as the
description of the property being discussed, the names of the parties filing
the application and the date the application was filed. The following
notices shall be given:
ORDINANCE 86 -28 -0
PAGE 3 OF 24
1. Vacation and Preliminary Plat: When vacating any street,
alley, public thoroughfare or easement, or utility easement,
or any part thereof; or a hearing for preliminary plats
approved by the Commission, a notice shall be sent to all rea
property owners of record, within a minimum of 300 feet of the
boundaries of the subject property at least 10 days prior to
the public hearing.
2. Abbreviated Plat: A notice shall be sent prior to approval to
all adjacent or the nearest five real property owners,
whichever is greater, when additional lots are created.
C. For the purposes of this section, "real property owner" means that
owner of land and /or buildings shown on the latest Borough tax assessment
roll.
Sections:
ORDINANCE 86 -28 -0
PAGE 4 OF 24
CHAPTER 16.20
DEFINITIONS
16.20.010 Definitions Generally
16.20.020 Aliquot Part
16.20.030 Assembly
16.20.040 Alley
16.20.050 Borough Engineer
16.20.060 Commission
16.20.070 Community Development Director
16.20.080 Cul -de -sac
16.20.090 Easement
16.20.100 Improvements
16.20.110 Lot
16.20.120 Mayor
16.20.130 Monument
16.20.140 Parcel
16.20.150 Plat
16.20.160 Review Agency
16.20.170 Right -of -way
16.20.180 Street
16.20.190 Subdivider
16.20.200 Subdivision
16.20.210 Surveyor
16.20.220 Tract
16.20.230 Trafficway
16.20.240 Vacation
16.20.250 Walkway
16.20.260 Warranty
16.20.010 Definitions Generally. In this title, unless otherwise provided,
or the context otherwise requires, the definitions codified in Sections
16.20.010 through 16.20.210 shall apply.
16.20.020 Aliquot Part. A rectangular portion of a section not less than
ten (10) acres created by midpoint protraction as defined by the "Manual of
Surveying Instructions 1973" U.S. Department of Interior, Bureau of Land
Management.
16.20.030 Assembly. The elected governing body of the Kodiak Island
Borough.
16.20.040 Alley. A minor way, dedicated to public use, which is used
primarily for vehicular access to the back or side of properties otherwise
abutting on a street.
16.20.050 Borough Engineer. The Kodiak Island Borough Engineer, a registered
engineer acting under contract with the Borough, or designee.
16.20.060 Commission. The body designated by the Assembly to be the
platting authority for the Kodiak Island Borough.
16.20.070 Community Development Director. The Director of the
Borough Community Development Department or designee.
16.20.080 Cul -de -sac. A street having one end open to traffic
permanently terminated at the other end by a vehicle turnaround.
16.20.090 Easement. An interest in land owned by another that
easement holder to a specified limited use or enjoyment.
Kodiak Island
and being
entitles the
16.20.100 Improvements. Any construction incident to servicing or
furnishing facilities for a subdivision such as grading, street surfacing,
curb and gutter, driveway approaches, sidewalks, crosswalks, water mains and
lines, sanitary sewers, storm sewers, culverts, bridges, utilities,
waterways, lakes, bays and other appropriate items appurtenant to
development.
16.20.110 Lot. A measured portion of a parcel or tract of land which is
described and fixed on a plat filed for record.
A. Corner Lot: A lot located at the intersection of two or more
streets where the angle of intersection of the lot lines abutting those
streets does not exceed 135 degrees.
B. Double Frontage Lot: A lot other than a corner lot with frontage on
more than one street.
C. Lot Depth: The distance between straight lines connecting the side
lot lines, measured between the midpoint of such lines, except that such
measurement shall not extend outside the lot lines of the lot being measured.
D. Lot Frontage: All property abutting the right -of -way of a dedicated
street, private street, or road easement, measured along the right -of -way
between the side lot lines of a lot. In no case shall the line along an alley
be considered as lot frontage.
E. Lot Line: The fixed boundaries of a lot described by survey located
on a plat filed for record.
F. Lot Line, Front: That boundary of a lot measured along the edge of
the right -of -way of a dedicated street, private street or road easement,
which abuts that line. In the case of a corner lot, either line which meets
the above description provided the other is considered to be a side lot line.
G. Lot Line, Rear: That boundary of a lot which is most parallel to
the front lot line and does not intersect the front lot line. In the case of
a triangular lot, a line twenty feet (20') in length within the lot parallel
to and at the maximum distance from the front lot line.
H. Lot Line, Side: That boundary of a lot which is neither a front nor
rear lot line.
I. Lot Width: The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured between the midpoints of
such lot lines except that such measurement shall not extend outside the lot
lines of the lot being measured.
16.20.120 Mayor. The mayor of the Kodiak Island Borough or designee.
16.20.130 Monument. A permanent survey control point.
16.20.140 Parcel. An unsubdivided plot of land.
16.20.150 Plat. A map or chart of a surveyed subdivision of land.
A. Sketch: An informal plan or sketch drawn to scale and in pencil, if
desired, showing the existing features of a site and its surroundings and the
general layout of a proposed subdivision.
B. Preliminary Plat: A map showing the salient features of a proposed
subdivision of land submitted to the Commission for purposes of preliminary
consideration and approval.
C. Final Plat: A map of a subdivision of land made up in final form
ready for approval and filing.
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 Borough Engineer and Community Development Director.
16.20.170 Right -of -way. A strip of land which is dedicated, granted or
reserved for construction, maintenance and use for the passage of vehicles or
pedestrians.
ORDINANCE 86 -28 -0
PAGE 5 OF 24
16.20.180 Street. A right -of -way dedicated to public use which provides
vehicular and pedestrian access to adjacent properties.
16.20.190 Subdivider. A person, firm, or corporation undertaking the
subdividing of a lot, tract, or parcel of land into two or more lots, or
other divisions of land for the purpose of transfer of ownership, or
development whether immediate or future, including all changes in street or
lot lines.
16.20.200 Subdivision. The division of a tract or parcel of land into two
(2) or more lots, sites, or other divisions for the purpose, whether
1 immediate or future, of sale or building development; and includes
resubdivision and, when appropriate to the context, relates to the process of
subdividing or to the land or areas subdivided.
16.20.210 Surveyor. Any person licensed to practice land surveying by the
State of Alaska.
16.20.220 Trafficway. The portion of a street, alley, or road which is open
for the passage of moving vehicles.
16.20.230 Tract. An area of land which has been defined by survey, but has
not been designated by lot and block numbers.
16.20.240 Vacation. The act of making legally void any right -of -way,
,easement, public area, or other public interest.
16.20.250 Walkway. Right -of -way dedicated to public use, which is limited
to non -motor vehicle use.
16.20.260 Warranty. A guarantee by the subdivider that the completed
improvement is free of defects in materials and workmanship and shall remain
in good condition during the warranty period; one year from the acceptance
date of the improvements by the Kodiak Island Borough.
Sections:
CHAPTER 16.30
ABBREVIATED PLAT
16.30.010 Use of Abbreviated Plat
16.30.020 Eligible Preliminary Plats
16.30.030 Information Requirements
16.30.040 Action
16.30.050 Approval Criteria
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 Borough Engineer.
16.30.020 Eligible Preliminary Plats. The following subdivisions may be
submitted for preliminary plat approval by the abbreviated 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
!lots, parcels or tracts.
B. Subdivision of a single tract, parcel or lot into four or fewer
lots once every two years.
C. An aliquot part subdivision of lots ten (10) acres or greater which
;meets the requirements of 16.30.050.
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.
16.30.030 Information and Design Requirements. The abbreviated plat
(submission requirements are the same as provided for preliminary plats in
;Sections 16.40.020 through .050 of this title.
'ORDINANCE 86 -28 -0
PAGE 6 OF 24
16.30.040 Action. A. The platting authority for the abbreviated plat
procedure is vested in the Borough Engineer. The Borough Engineer shall,
within eighteen (18) 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 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 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 Borough Engineer as to the approval or denial
of the 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 of
this title.
16.30.050 Approval Criteria. 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:
a. allow a change in the permitted use to which the lot or tract
may be devoted under existing zoning;
b. alter or vacate a dedicated street, right -of -way or other
public area or require additional dedication;
c. deny adequate access to and from all lots or tracts created by
the subdivision or those adjacent to it; or
d. create a residential lot smaller than the minimum size for the
zoning district.
D. Aliquot part subdividers may be required to demonstrate to the
Borough Engineer that proposed access can be constructed
practically and economically within any access easement.
Sections:
CHAPTER 16.40
PRELIMINARY PLAT
16.40.010 Preliminary Discussion
16.40.020 Area to be Included in Plat
16.40.030 Prints, Type and Number to be Submitted
16.40.040 Data Required
16.40.050 Lot Design
16.40.060 Procedure
16.40.070 Dedications
16.40.080 Private Roads
16.40.010 Preliminary Discussion. Each subdivider should confer with the
Community Development Director and Borough Engineer before submitting a
preliminary subdivision plat.
A. The subdivider should submit the following for review:
1. A legible sketch drawn to a scale of generally one inch equals
100 feet.
2. The sketch should generally depict the location, configuration
and size of each parcel to be created; the planned road
system; existing roads, structures, utility facilities and
other improvements.
3. A USGS map to scale one inch equals one mile or a map of
larger scale which adequately shows the location of the
proposed subdivision.
B. A written report shall be provided to subdividers who participate
in the preliminary discussion within seven (7) working days of the discussion
which states the recommendations and concerns covered in the discussion.
16.40.020 Area to be Included in Plat. Unless waived by the Commission, the
preliminary plat shall include all land under contiguous ownership unless a
ORDINANCE 86 -28 -0
PAGE 7 OF 24
16.40.030 Prints, Type and Number to be Submitted. Unless otherwise
1 directed, ten (10) prints of the preliminary plat, supporting materials and
appropriate filing fee must be submitted to the Borough Engineer. The
preliminary plat shall be drawn to a scale 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.
16.40.040 Data Required. A. The preliminary plat shall include the
1 following information:
1. Date, scale, and north arrow;
2. The approximate acreage or square footage and dimensions of
each lot of the proposed subdivision and the number of lots
contained therein. Calculations of lot areas to meet zoning
district area regulations shall not include any land subject
to tidal action below the mean hightide line;
3. Name of the proposed subdivision;
4. Names and addresses of subdivider(s) and the preparer of the
plat;
5. Location map of the subdivision, giving the number of the
section, township, range, and U.S. Survey, if applicable, to
which reference may be made;
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) if required by the Borough
Engineer;
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 easements,
and reservation, and other constructed roadways located
within and abutting the area to be platted, including
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
g. The location of known existing facilities and structures
within the proposed subdivision, such as buildings,
sewage system, utility easements of record or in use,
excavations, bridges, culverts, water systems and wells.
7 Streets, street names, public and private rights -of -way and
roadway widths and other right -of -way easements within the
plat showing location, width and purpose;
8. Mean high water line on all lands affected by tidal action;
9. Lot lines and lot designations by lot and block numbers;
1 10. Designation of any lots proposed for zero -lot -line
development;
11. Designation of proposed parks, playgrounds, schools, and other
public uses;
12. The copy of the plat of record or the District Recorder's plat
number, if available.
separate legal description exists as a matter of record or the land under
contiguous ownership is greater than ten (10) acres. If only a portion of
the land is intended for immediate development, the remaining portion shall
be given a tract designation.
B. The subdivider shall submit supporting written information,
including:
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.
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.
ORDINANCE 86 -28 -0
PAGE 8 OF 24
16.40.050 Lot Design. The size and shape of lots shall be such as to
provide usable building sites appropriate for the locality in which the
subdivision is located. Lot configuration shall also meet all of the
following criteria:
A. Minimum lot sizes and widths shall conform to the requirements of
the Borough Zoning Ordinance unless a variance is granted by the Commission.
B. Double frontage lots shall not access onto constructed collector or
' arterial streets and are allowed only where topography allows no reasonable
alternative.
C. Two types of Flag lots are allowed as follows:
1. A Type I Flag Lot shall have a note on the Final Plat which
Lrohibits future subdivision of the lot and may have a staff
with a minimum width of 30 feet.
2. A Type II Flag Lot may be further subdivided if the staff is a
minimum of 60 feet wide.
3. No Flag Lot may have a staff longer than 200 feet in any
Residential zoning district nor longer than 400 feet in any
Rural Residential zoning district.
D. Lots platted with a common wall or zero lot line intent shall be
designated as such on the final plat.
E. All lots should have frontage on a dedicated public right -of -way.
Access easements may be allowed when the property proposed for subdivision is
accessed only by an easement or has no dedicated public access. Lots greater
than 10 acres and described as an aliquot part may be provided access through
an easement which has been approved as to form by the Borough Attorney and as
to adequacy by the Commission.
16.40.060 Procedure. A. The Borough Engineer shall review the preliminary
subdivision plat for completeness 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 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, by the
deadline established for the Commission agenda (the Friday after the regular
monthly meeting) the 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
agencies established by the Commission for review and comment. Comment from
the review agencies must be submitted in writing to the Borough Engineer nine
(9) working days prior to the Commission meeting at which the plat will be
considered.
D. The Borough Engineer 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.
E. The Commission shall take action on the preliminary plat not more
than sixty (60) days after acceptance for review. The Commission shall adopt
specific findings of fact and reasons for its action on the plat. The
subdivider shall be notified in writing of the action and findings within
five (5) working days.
F. The approval of the preliminary plat shall be effective for twenty -
four (24) months from the date of approval, notwithstanding the provisions of
any subsequent change in the Subdivision Ordinance, Zoning Ordinance, or
Zoning Districts. After this time, the preliminary plat shall become null and
void unless an extension of time is granted by the Commission prior to the
expiration of the preliminary plat at the request of the subdivider. A time
extension will only be granted if a reevaluation of the preliminary plat
indicates that conditions are substantially the same as when the preliminary
:lat was originally approved. A preliminary plat may include two or more
phases provided that; each phase shall be developed successively and each
phase shall be subject to the then current improvement standards of this
title.
G. A soils report, prepared by a professional engineer, geologist or
other person with demonstrated training in soils mechanics may be required
when deemed necessary by the Commission. Said report should describe the soil
conditions using the Unified Soil Classification System and identify
foundation and grading problems associated with the soil, such as ground
water and bedrock depth. The report should provide soils engineering
ORDINANCE 86 -28 -0
PAGE 9 OF 24
3. If proposed, copies of protective covenants, deed restrictions
and /or home association by -laws affecting the proposed
subdivision;
guidelines for development including recommendations for subsurface drainage
and excavation of unsuitable materials, if appropriate.
H. All decisions as to approval or disapproval of a preliminary plat
by the Commission shall be final unless an appeal for reconsideration is
brought pursuant to Chapter 16.90.
16.40.070 Dedications. The Commission may require, by majority vote,
dedication of land for rights -of -way, and sewer, water, utility and access
easements within the subdivision, as a condition of approval. Any public use
land or easements must be depicted on the final plat. No land within a
subdivision may be reserved as a common use area to the owners of parcels
within the subdivision unless the subdivider provides a covenant approved by
the Commission and the Borough attorney which provides for the payment of
real property taxes on the parcel to be reserved (e.g., the covenant could
provide that adjacent property owners would be assessed a prorated amount of
the real property taxes rn the parcel to be reserved).
16.40.080 Private Roads. Upon the request of the subdivider, the Commission
may require the grant or reservation of an easement for private road
right -of -way access to the subdivision. No private road right -of -way shall
be considered as an alternative to a public street unless the following
documents are provided:
A. A written deed, in a form suitable for recording, conveying a
perpetual easement for a private road right -of -way to the owners of parcels
within the subdivision. The deed shall expressly state that the easement
shall run with the land for the benefit of the designated parcels. The
easement shall be adequate to satisfy the right -of -way requirements of
Section 16.80.020E. The easement shall provide for unlimited use of the
right -of -way consistent with the zoning of the subdivision.
B. A written agreement which requires the subdivider to include a
covenant or condition in each deed conveying each lot or parcel in the
subdivision. The covenant or condition shall require the landowner to share
in the payment for any necessary construction and maintenance of the private
road to the standards specified by this title.
C. A written covenant providing for the payment of real property taxeF
for the right -of -way area as set forth in Section 16.40.070.
Sections:
CHAPTER 16.50
FINAL PLAT
16.50.010 Final Plat Procedure
16.50.020 Requirements of Final Plat
16.50.030 Survey and Monumentation
16.50.040 Monument Material
16.50.050 Dedications
16.50.060 Easement Use
16.50.070 Final Plat Disapproval
16.50.080 Appeals
16.50.010 Final Plat Procedure. A. The final plat shall comply with the
requirements of this Title and shall be submitted to the Borough Engineer
within twenty -four (24) months of preliminary plat approval.
B. The final plat may be approved by the Borough Engineer when the
final plat meets the conditions of preliminary approval. The Borough Engineer
shall report approvals at the next regular Commission meeting.
1. The Borough Engineer shall approve or deny the final plat
within thirty (30) calendar days after acceptance and shall
notify the subdivider by letter of the action with an official
statement of findings and reasons for the action.
2. A final plat differing substantially from the approved
preliminary plat shall require submittal to the Commission
for, public hearing and approval. The Borough Engineer shall
make his comments and recommendations 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
ORDINANCE 86 -28 -0
PAGE 10 OF 24
have been approved and the statement of plat approval
designated 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.
D. Approval of the final plat by the Borough Engineer or Commission
shall be dependent upon receipt of the following:
1. When community water systems are proposed for a subdivision,
the plans must be approved by ADEC, the water distribution
lines must be installed at the time roads are developed and
the finished constr ction approved by the Borough Engineer.
The Borough Engineer may accept an ADEC statement of
satisfactory completion as basis for approval.
2. For residential subdivisions proposing individual subsurface
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 subsurfact 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 anount 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.
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.
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.
5. For subdivisions proposing industrial wastewater disposal,
plans to assure that no water or groundwater discharge
excceding EPA primary or secondary drinking water standards
will leave the subdivision must be received. One of these
documents must accompany the final plat.
6. For subdivisions proposing interim individual disposal and /or
community sewage collection /treatment, the interim 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 Engineer. The Borough
Engineer may accept as -built approval by ADEC as a basis for
approval.
7. A Certificate to Plat issued by a licensed title insurance
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.
16.50.020 Requirements of Final Plat A. The final plat shall be submitted
on a good quality reproducible 3 -mil polyester film (equal to DuPont Mylar).
All lines, letters, figures, certifications, acknowledgements and signatures
shall be made in black waterproof ink. The plat shall be so made, and shall
ORDINANCE 86 -28 -0
PAGE 11 OF 24
be in such condition when filed, that legible prints and negatives can be
made therefrom.
B. Nine blueline or blackline copies and the Polyester film original
of the final plat plus one additional for each owner of record shall be
submitted.
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 Borough Engineer may authorize a scale of
one inch (1 ") equals two hundred (200') or other suitable scale to
accommodate large acreage parcels.
D. The plat or plats shall be drawn on one of the following size
sheets:
1. 18 inches by 24 inches;
2. 24 inches by 36 inches.
If more than one sheet is required to cover the plat, each shall be of the
same size and an index sheet shall be provic_d showing the relationship of
all sheets.
E. The plat shall be an accurate drawing based upon as detailed a
survey as is necessary in order to orient the plat properly. The plat shall
show the following:
1. The boundaries of the plat showing clearly what stakes,
monuments or other evidence were found on the ground to
determine the boundaries of the tract. If existing, the corner
of adjoining subdivisions or portions thereof shall be
identified and ties shown.
2. Bearings and distances to the nearest established street
lines, section lines or official monuments which are necessary
in accurately describing the location of the plat. All
monuments found shall be indicated and proper references made
to available field books or maps, either private or of public
record, which relate to monuments. If the points were reset by
ties, that fact shall be stated.
3. The centerlines of all streets; lengths, tangents, radii and
central angles of all curves; the total width of each street;
the width of the portion being dedicated and the width of the
existing dedications; the width of portions of streets each
side of the centerline; also, patent reserves and any other
easements appearing on the plat. All lot lines should be
radial,to a curve and if not, shall be designated "Not
Radial." Dimensions shall be in feet and hundredths of a foot.
4. The widths, bearings, and other necessary data to delineate
all easements to which the lots are subject. If the easement
is not located on record, a statement referring to the
easement shall appear on the title sheet. Easements for storm
drains, sewers and other purposes shall be denoted by broken
lines. If an easement is not parallel to and adjacent to the
lot lines, distances and bearings on the sidelines of the lots
which are cut by the easement shall be shown to indicate
clearly the actual length of the lot line from the lot corners
to the easement. Easements being dedicated shall be so
indicated in the Certificate of Dedication.
5. All lot and block numbers. Sufficient data shall be shown to
determine readily the bearing and length of each line. No
ditto marks shall be used.
6. The names of adjacent subdivisions and the lot numbers of
adjacent lots. If the adjacent land is not subdivided, it
should be so indicated.
7. The exact boundaries of all areas to be dedicated or reserved
for public use or for the common use of property owners. The
purpose of the dedication or reservation shall be set forth on
the map.
8. The area of the entire subdivision and the area of each
individual lot to the nearest square foot.
9. Building setback lines if different from minimum zoning
requirements.
10. Name of subdivision.
11. North point, scale, date, and drawing number.
12. The basis of bearings. Bearings shown must be true bearings
and distances shown must be in the foot unit reduced to the
true horizontal equivalent.
13. A correct legal description by metes and bounds of the
exterior boundary of the area being subdivided, or reference
ORDINANCE 86 -28 -0
PAGE 12 OF 24
ORDINANCE 86 -28 -0
PAGE 13 OF 24
to an existing parcel by recorded plat number and recording
district.
14. Plats filed reverting subdivided land to acreage shall be
conspicuously designated "THIS PLAT IS A REVERSION TO
ACREAGE."
16.50.030 Survey and Monumentation. A. All subdivisions shall be surveyed
except subdivisions excluded by Section 16.10.050, aliquot part subdivisions
under Section 16.30.020(C), and those subdivisions which only eliminate
existing interior property lines, such as reversion to acreage plats which
shall have an exterior boundary survey only.
B. The subdivision of sections of a township survey into aliquot parts
and restoration of lost corners shall be performed in accordance with the
U.S. Bureau of Land Management 1973 Manual of Surveying Instructions, unless
the historical survey record indicates otherwise. All section subdivision
details executed as part of the subdivision work shal be monumented and
shown on the plat. When a center 1/4 corner must be determined it shall be
set. A minimum survey accuracy of 1:10,000 on parcels which are in the City
of Kodiak and 1:5,000 in other areas is required. Monuments shall be set in
a professional manner.
C. All corners and monuments found and set shall be shown and
described on the plat with the following information: date set, type of
monument, registration number and surveyor.
D. All monuments of record disturbed or destroyed shall be
remonumented or reference monumented as appropriate.
E. Exterior subdivision monuments and monuments set as part of the
rectangular survey net shall clearly display the following information:
1. Year set.
2. Monument identification (corner number, section, township,
range) .
3. Registration number of surveyor.
F. All angle points along the exterior survey shall have a primary
monument.
G. Primary monuments along an exterior boundary shall not be situated
more than 1,320 feet apart.
H. If an exterior boundary line is less than 2,640 feet, but more than
1,320 feet long, then the intermediate primary monument shall be set as close
to the midpoint as practical.
16.50.040 Monument Material. The following monument material or equal shall
be employed in the survey.
A. Primary monuments.
1. Alloyed iron pipe, zinc coated, or aluminum pipe;
a. Outside diameter 2 -inch or larger,
b. Cut in 30 -inch lengths,
c. One end of the pipe shall be split for several inches and
the two halves spread to form flanges or a commercially
manufactured foot attached.
2. A brass or aluminum cap 2 -1/2 inches or larger in diameter
shall be securely attached to the other end by mechanical
means.
3. If aluminum pipe is used, the monument must contain a magnetic
insert as an integral part of its compositions.
4. Driven iron or aluminum rod 5/8 -inch minimum diameter and
driven to a minimum 9 foot depth or point of refusal.
a. If sectional rods are used, segments shall be secured to
one another so that joints tighten up on further driving.
b. A 2 -1/2 inch aluminum monument shall be secured to the
surface end by friction or mechanical.
5. In areas where primary monuments are located on rock outcrops
or concrete surfaces, a brass or aluminum tablet with a 2 -1/2
inch diameter with a 1/2 -inch diameter stem shall be cemented
into a drilled hole.
B. Secondary Monuments
1. Cap 1 -1/2 inch or larger secured by friction fit or mechanical
means to 5/8 -inch steel rebar or other ferrous metal rod.
2. The rods shall penetrate a minimum of 30 inches below the
surface.
3. Plastic stakes specifically designed for survey purposes are
allowable if they meet penetration requirements and are
detectable by commonly used metal detectors.
4. In areas where secondary monuments are located on rock
outcrops or concrete surfaces, the procedure for primary
monuments shall be followed.
C. Reference Monuments
1. Minimum requirements are the same as those for secondary
monuments.
2. All reference caps will be marked with the following
information:
a. Distance to monument referenced
b. Surveyor's license number
c. Designation of and an arrow pointing to the referenced
"corner"
D. Monument material requirements are minimum standards. Other
materials of equal or higher quality approved by the Borough
Engineer shall be allowed.
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 th
date of filing, or by a Certificate to Plat prepared by a title company
authorized under the laws of the State of Alaska.
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.
C. The plat to be filed shall contain a certificate of the land
surveyor who prepared the plat in the language which follows:
D. The plat to be filed shall contain the following statement of Plat
Approval:
ORDINANCE 86 -28 -0
PAGE 14 OF 24
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
Kodiak Island Borough Planning and Zoning Commission:
Received ; Approved
Chairman ; 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. A certificate that all the taxes have been paid to the date of
filing the plat will be contained on the plat as follows:
G. Private covenants and restrictions of record in effect at the time
the final plat is approved shall be referenced on the plat.
H. The plat shall show all other data that are or may be required on
I the plat by statute or ordinance.
16.50.060 Easement Use. Utility easements may be required for the use of
public utility companies licensed by the Alaska Public Utilities Commission
to locate, construct and maintain, or authorize the location, construction,
I maintenance and use of conduits for all and any purpose; water, gas, sewers,
1 utility poles and wires, or any of them over, under, and along the strips
marked "Utility Easement."
16.50.070 Final Plat Disapproval. When a plat has been disapproved it may
be refiled once more with corrections for approval within thirty (30) days of
notification of first disapproval. If disapproved again, said plat shall be
void. A new fee will be required for subdivision of the property in the
voided plat.
16.50.080 Appeals. Appeals may be taken from a decision of the Borough
Engineer as provided in Chapter 16.95 of this title.
Sections:
ORDINANCE 86 -28 -0
PAGE 15 OF 24
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
Borough Engineer Date
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.
Dated at Kodiak, Alaska, this day of , 1986.
CHAPTER 16.60
VACATIONS
16.60.010 Generally
16.60.020 Applicants
16.60.030 Required Application
16.60.040 Action
16.60.050 Title to Vacated Area
16.60.060 Additional Approval Required
Kodiak Island Borough Clerk
16.60.010 Generally. The Commission shall consider the merits of each
vacation request and in all cases the Commission shall deem the area being
vacated to be of value to the Kodiak Island Borough or a city unless proven
otherwise. The burden of proof shall lie entirely with the petitioner.
16.60.020 Applicants. A platted street may not be vacated except on
petition of the State, the Borough, a public utility, or owners of a majority
of the land fronting the part of the street sought to be vacated. The
petition shall be filed with the platting authority and shall be accompanied
by a copy of the existing plat showing the proposed vacation.
16.60.030 Required Application. In submitting a vacation application, the
applicant shall submit the following items to the Borough Engineer, by the
16.60.040 Action. A. The Commission shall take action on the vacation
application within sixty (60) days after the acceptance date. The
Commission's action shall be stated in the minutes of the Commission meeting.
The Commission shall notify the applicant in writing of the official
statement of findings and reasons for their action within ten (10) working
days.
B. The approval of the vacation shall be effective for a period of
twenty -four (24) months from the date of approval during which time the
applicant may perfect the vacation by filing a plat depicting such vacation.
The vacation and replatting of the area shall conform with the applicable
preliminary and final plat procedures of this title. In those instances where
the replat is intended solely to delete an area vacated from a record plat,
the replat may be eligible for the abbreviated plat procedures.
16.60.050 Title to Vacated Area. A. The title to the street or other
public right -of -way vacated on a plat attaches to the lot or lands bordering
on the area in equal proportions; except that if the area was originally
' dedicated by different persons, original boundary lines shall be adhered to
so that the street area which lies on one side of the boundary line shall
attach to the abutting property on that side, and the street area which lies
on the other side of the boundary line shall attach to the property on that
side. The portion of a vacated street which lies within the limits of a
platted addition attaches to the lots of the platted addition bordering on
the area. If a public square is vacated, the title to it vests in the
I municipality in which the land is located.
B. If a municipality acquired the street or other public area vacated
j for legal consideration, before the final act of vacation the fair market
value of the street or public area shall be deposited with that municipality.
Title transfer under this paragraph shall be warranted by the municipality in
the same manner as it was received.
deadline established for the Commission agenda (the Friday after the regular
monthly meeting) to be considered at the next regular meeting:
1. A written statement 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
improvements within the area being vacated.
C. Provisions of paragraph "A" of this section notwithstanding, the
Commission may determine that all or a portion of the area vacated should be
devoted to another public purpose and if so, title to the area vacated and
held for another public purpose does not vest as provided in A, but remains
in the municipality.
16.60.060 Additional Approval Required. A. A decision to grant a vacation
is not effective unless approved by the City Council if the vacated area is
within a city, or by the Assembly if the vacated area is within the Borough
area outside a city. The Council or Assembly shall have thirty (30) days from
receipt of the decision to veto the vacation. If the vacation is not vetoed
within the thirty -day period, the consent of the Council or Assembly shall be
considered to have been given to the vacation.
B. A veto or approval of a vacation under paragraph "A" of this
section is a final legislative decision and is not subject to administrative
appeal. However, where a vetoed vacation had received administrative approval
in conjunction with the preliminary plat for a subdivision, the preliminary
plat approval without the vacation is subject to a petition for
reconsideration under Section 16.90.010.
Sections:
16.70.010
16.70.020
16.70.030
16.70.040
ORDINANCE 86 -28 -0
PAGE 16 OF 24
CHAPTER 16.70
IMPROVEMENTS REQUIRED
Prerequisites to Improvement Construction
Prerequisites to Approval
Acceptance of Improvements
Modification of Improvements Required
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 approved by the Borough Engineer for
subdivisions located outside cities, and by the City Engineer for
subdivisions located within a city.
16.70.020 Prerequisites to Approval. A. The subdivider shall construct and
install in the subdivision the improvements required by this Chapter within
three years of final plat approval.
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
specifications. The cross - section of construction shall
contain nonfrost susceptible material in accordance with the
applicable specifications. Such construction shall be subject
to inspection and approval by the Borough Engineer or his
equivalent under contract to the Borough, and shall comply
with all applicable Borough standards for construction.
2. Sewer. If the property proposed for subdivision is located
adjacent to an existing sewer main, the subdivider will not be
required to provide stubouts to the individual lots created.
All lots shall be provided with access to the sewer line. If
the property proposed for subdivision is not located adjacent
to an existing sewer main and /or one is needed to service the
lots created, stubouts will be required to be provided to the
individual lots created in areas where public sewer service is
required.
3. Water. If the property proposed for subdivision is located
adjacent to an existing water main, the subdivider will not be
required to provide stubouts to the individual lots created.
All lots shall be provided with access to the water line. If
the property proposed for subdivision is not located adjacent
to an existing water main and /or one is needed to service the
lots created, stubouts will be required to be provided to the
individual lots created in areas where public water service is
required.
4. Sidewalks. If the subdivision is located adjacent to an
existing sidewalk, and the developer proposes to pave the
abutting street, the Commission may require that concrete
sidewalks or approved asphaltic concrete sidewalks not less
than four feet in width be constructed along at least one side
of all streets.
5. Drainage. All necessary facilities, either underground pipe or
drainage ditches, shall be installed to provide adequate
disposal of surface water as are needed to maintain or reroute
any natural water courses. Natural water courses shall not be
blocked or impeded. Whenever any stream or important drainage
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.
6. In all subdivisions with non - public improvements the
subdivider will include a covenant on the recorded plat that
when an improvement 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.
7. Monumentation. All monumentation required by Chapter 16.50
shall be provided by the subdivider.
B. Lots that are larger than 40,000 square feet are exempt from the
sewer and water improvements required in this chapter. These lots must meet
the wastewater disposal standards of ADEC and each lot should have access to
an adequate amount of potable water for domestic purposes.
C. Lots that are larger than 10 (10) acres are exempt from the street
improvements required in this chapter. Lots that are less than ten (10)
acres may be exempt from the street improvements required in this chapter if
they have little probability of compection to an existing road system.
16.70.030 Acceptance of Improvements. No improvement shall be operated 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
ORDINANCE 86 -28 -0
PAGE 17 OF 24
Borough Engineer for subdivisions located outside cities, or by the City
Engineer for subdivisions located within a city.
16.70.040 Modification of Improvements Required. Any city may, by
ordinance, adopt different improvement standards.
Sections:
CHAPTER 16.80
STANDARDS FOR ROAD IMPROVEMENTS
16.80.010 General Requirements
16.80.015 Road Classifications
16.80.020 Minimum Right -of -Way and Trafficway Widths
16.80.025 Geometrics and Profiles
16.80.030 Intersection
16.80.035 Guardrails and Shoulder Widening
16.80.040 Road Construction Standards
16.80.045 Drainage
16.80.050 Signs, Subdivisions and Road Names
16.80.055 Exceptions to Minimum Requirements
16.80.010 General Requirements. A. These design criteria, specifications,
and standard details are minimum standards for the design of improvements,
kind and use of materials and methods of construction for roadways, alleys,
and drainage, which lie within public rights -of -way or easements.
B. Any soils reports or certification documents of public improvements
submitted by the subdivider shall be certified by a registered professional
engineer licensed to practice engineering in the State of Alaska. This
certification shall signify that the documents were prepared by the engineer
or under his direct supervision and in accordance with the laws of the State
of Alaska governing such practices.
16.80.015 Road Classifications. A. Local roads are designed to provide
direct access to individual properties and include cul -de -sacs.
B. Collector roads are designed to move traffic from local roads to
arterial roads.
C. Arterial roads are designed to move through traffic at moderate
speeds to and from major traffic generators, or into and /or out of a
community.
D. Alleys are designed to provide secondary access to areas proposed
for multiple dwellings, commercial or industrial uses or subdivisions where
service access, rear parking or loading is desirable.
E. Private roads are designed to provide access to individual
properties while remaining in private ownership. Private roads do not
include driveways.
16.80.020 Minimum Right -of -Way and Trafficway Widths. A. Minimum
right -of -way and trafficway widths shall be as follows:
ORDINANCE 86 -28 -0
!PAGE 18 OF 24
Minimum Minimum
Road Minimum Unpaved Paved
Classification Right- of -Wav Trafficway Trafficway
Local road 60 feet 23 feet 20 feet
Collector road 60 feet 27 feet 24 feet
Arterial road 80 feet 33 feet 30 feet
Alley 20 feet 18 feet 15 feet
Cul -de -sac 50 feet 20 feet 18 feet
B. Rights -of -way shall be of sufficient width to accommodate the
roadway to be constructed with adequate room outside the roadway prism for
installation of any required utilities.
C. City streets shall be designed to meet the minimum trafficways
prescribed by the particular city involved.
D. Cul -de -sacs shall have a minimum radius of fifty (50) feet at the
bulb.
E. Minimum easement width for private roads shall be fifty (50) feet.
16.80.025 Geometrics and Profiles. A. Horizontal Curves. Changes in
horizontal alignment of the roads shall be made through the use of horizontal
circular curves. The radii of such curves shall not be less than:
1. Local road, one hundred seventy -five feet;
2. Collector road, two hundred thirty -five feet;
3. Arterial road, four hundred twenty -five feet.
B. Compound curves and broken -back curves should not be used. Reverse
curves should have an intermediate tangent of one hundred feet or more,
unless the curve radii are three hundred feet or more.
C. Gradients. The maximum permitted road grade shall be eight percent
except that cul -de -sac areas and temporary turnarounds shall not exceed four
percent. The Borough Engineering Department may approve road grades to
fifteen percent if a plan and profile of the road is submitted by a
registered engineer, and the Borough Engineer concludes that safety standards
are met.
D. Cross Slopes. The minimum road cross slope shall not be less than
two percent.
16.80.030 Intersection. A. Streets shall intersect at an angle as close to
ninety degrees as feasible, and in no event, at an angle less than
seventy -five degrees. Corner roundings with a minimum twenty -foot radius
shall be required at intersections. Not more than two roads shall intersect
at one point.
B. The distance between intersection centerlines shall not be less
than two hundred feet.
C. Intersection road grades shall not exceed four percent within one
hundred feet of the intersection with the through road centerline. The
through road grade shall not exceed seven percent at the intersection.
D. Intersection sight distances are as follows:
1. Intersecting local roads shall have a minimum sight distance
of two hundred feet.
2. Collector roads shall have a minimum sight distance of two
hundred seventy -five feet measured from the intersecting roads
centerline.
3. Arterial roads shall have a minimum sight distance of four
hundred and fifteen feet measured from the intersecting road
centerline.
E. The subdivider shall obtain approval from the State of Alaska,
Department of Transportation and Public Facilities before intersecting with
any roads maintained by the State of Alaska.
16.80.035 Guardrails and Shoulder Widening. Guardrail installation and
required shoulder widening shall be provided in accordance with Section
11 -45 -1 of the State of Alaska Department of Transportation Highway
Preconstruction Manual on collector and arterial roads.
16.80.040 Road Construction Standards. A. All roads shall be constructed
with a subbase course of non -frost susceptible material with no more than ten
( percent of weight passing the No. 200 sieve. The minimum depth of subbase
shall be as follows:
Local road 18"
Collector road 24"
Arterial road 30"
Alley 12"
Cul -de -sac 18"
The depth of subbase shall be measured from the point of the highest
projection into the roadway prism.
B. All roads shall be constructed with a base course of two -inch minus
rock with no more than ten percent of weight passing the No. 200 sieve and a
plasticity index of not greater than 4 as determined by AASHTO T -90. The
minimum depth of base course after compaction shall be as follows:
ORDINANCE 86 -28 -0
PAGE 19 OF 24
Local road 4"
Collector road 6"
Arterial 6"
Alley 4"
Cul -de -sac 4"
C. All roadway construction shall have all organic material removed to
the depth of the required subbase prior to placement or construction of the
subbase in the transition area from cut to fill.
D. The right -of -way shall not be clear cut unless necessary to meet
the road construction standards of this chapter. All stumps shall be flush
cut.
E. All construction shall be contained within the right -of -way except
where the taking of additional slope easements is noted on the plat, and
additional easements are provided for utilities.
F. All construction shall be done in accordance with the latest
edition of the Alaska Department of Transportation and Public Facilities
Standard Specifications for Highway Construction.
G. "Typar" or other synthetic fabrics may be used upon submittal of
satisfactory supporting data and approval by the Borough Engineer.
16.90.045 Drainage. A. Drainage ditching and culverts shall be provided 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 specified by
the Borough Engineer.
B. The bottom of a roadway ditch shall be at least eight feet beyond
the roadway subbase shoulder, with a 3:1 slope from the shoulder to the
bottom of the ditch, except in rock cuts where the distance shall be six feet
and the slope shall be 3:1.
16.80.050 Signs, Subdivisions and Road Names. A. Road and subdivision
names shall be approved by the Commission.
B. Road and subdivision names shall not duplicate existing road or
subdivision names in spelling or sound such that they may be confused with
existing names. A road name shall duplicate an existing road name only where
a new road extends the alignment of an existing road.
C. Subdivision roads shall be identified and signed by the subdivider.
1. Each road within a subdivision shall be identified and signed
within fifty feet of its point of egress and ingress.
Cul -de -sac roads shall be signed and identified within fifty
feet of their point of ingress.
2. Yield signs shall be provided at all collector and arterial
roads intersections within the confines of the subdivision.
3. All roads shall be signed in accordance with the most recent
edition of the Alaska Traffic Manual.
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 engineering department shall
consider alternate solutions and may approve changes when substantiated by a
design analysis prepared by 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 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.
Sections:
16.90.010
16.90.020
16.90.030
16.90.040
16.90.050
16.90.060
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CHAPTER 16.90
APPEALS
Reconsideration
Persons Who May Appeal
Commencement of Appeal; Stay
New Evidence - Changed Circumstances
Appeal Hearing - Notice, Preparation of Record
Argument on Appeal
16.90.070 Appeal Hearing
16.90.080 Scope of Appellate Review
16.90.090 Decision
16.90.100 Hearing Examiner
16.90.110 Judicial Review
16.90.010 Reconsideration. A. The Commission may reconsider its decision
upon petition of any person entitled to appeal the decision under Section
16.90.020, filed with the Community Development Department within ten working
days after the decision, or the veto of a vacation where reconsideration is
allowed under Section 16.60.060(B).
B. The Commission may reconsider its decision only if it finds:
1. There was a clerical error in the decision.
2. The decision resulted from fraud or mistake.
3. There is newly discovered evidence or a change in
circumstances which by due diligence could not have been
discovered before the original hearing.
C. The Community Development Department shall mail notice of the
petition for reconsideration to each person who was entitled to notice of the
original Commission proceeding. The notice shall include the petition for
reconsideration, describe the decision upon which reconsideration is
requested and state the date and time when the Commission will review the
petition.
D. The Commission shall review the petition at its next regular
meeting and decide whether to reconsider the matter. The decision shall be
based on the petition and any oral argument of the petitioner or any other
interested party which the Commission may decide to hear, but no additional
evidence shall be taken. If the petition is granted, the Commission then
shall decide the matter or set the matter on its agenda for rehearing. The
decision of the Commission on reconsideration shall be final, subject to
appeal, and the Commission shall entertain no further petitions for
' reconsideration of the decision at issue.
16.90.020 Persons Who May Appeal. A written decision of the Commission
granting or denying approval of a plat or a variance from the requirements of
this Title may be appealed by:
A. The applicant.
B. Any person who was sent a written notice or submitted timely
written comments or gave oral testimony at the public hearing
before the Commission.
16.90.030 Commencement of Appeal; Stay. A. A decision of the Commission is
final unless an appeal of the decision is made within ten (10) days after the
decision by the Commission to the Assembly.
8. An appeal is commenced by filing with the Borough Clerk a written
notice of appeal, specifically stating the reasons for the appeal and the
1 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. The running of the time for filing an appeal from a decision of the
Commission is terminated by a timely petition for reconsideration, filed in
accordance with Kodiak Island Borough Code 16.90.010. The full time for an
appeal begins to run again on the date of the decision of the Commission on
reconsideration.
16.90.040 New Evidence - Changed Circumstances. Appeals alleging new
evidence or changed circumstances may be remanded by the Borough Assembly to
the Commission where they shall be treated as petitions for reconsideration.
The Assembly is not required to remand such an appeal if the new evidence or
changed circumstances are immaterial or if the appeal can be decided on
independent legal grounds.
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 Borough Engineer to prepare
the appeal record, and notify the Commission of the appeal.
B. The Borough Clerk shall mail notice of the appeal to each person
who should have been entitled to notice of the original Commission pro-
ceeding. The notice shall include the appellant's notice of appeal, describe
the decision appealed from, state the date of the appeal hearing and time
within which written argument supporting or opposing the appeal may be
submitted, and contain the substance of subsections C and E of this section
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PAGE 21 OF 24
regarding the obtaining of a verbatim transcript and the availability of the
appeal record.
C. The appeal record shall be completed within ten (10) working days
of filing of appeal. The appeal record shall include the minutes of the
proceedings before the Commission, and the Commission's written decision, and
any written documents considered by the Commission.
Any party to an appeal from a Commission decision may cause the appeal record
to include a verbatim transcript of the proceedings before the Commission by
filing a request therefor, accompanied by a cash deposit in the amount of the
estimated cost of preparing the transcript. Within ten (10) days of notice
of completion of the transcript the person requesting it shall pay the actual
cost thereof, or the deposit shall be forfeited to the Borough. A request by
the Borough for a transcript is not subject to the deposit or refund
provisions of this subsection. The Borough shall bear the cost of preparing
the remainder of the record.
D. Following completion of the record, the Borough Clerk shall, by
certified mail, serve a copy of the appeal record on the appellant, the
applicant, and on any party who paid for the preparation of a verbatim
transcript as part of the record. The Borough Clerk 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 Borough Clerk's office. Any person may obtain a copy of the
record upon payment of the fee therefor established under this title.
16.90.060 Argument on Appeal. On appeal to the Assembly any person may who
meets the requirements of Section 16.90.020 may submit to the Borough Clerk
written argument supporting or opposing the appeal. Written argument shall be
submitted within fifteen (15) days of the completion of the record. written
argument submitted in a timely manner shall become part of the appeal record.
16.90.070 Appeal Hearing. A. The Assembly shall hold an appeal hearing on
the appeal at its first regular meeting after written arguments are due.
B. At the hearing before the Assembly, only persons who have submitte
written argument on the appeal or testified before the Commission, or
submitted written comments to the Commission may present oral argument. Oral
argument shall be subject to the following order and time limitations, unless
the Assembly, for good cause shown, permits a change in the order or an
enlargement of time:
1. Borough staff, including Commission representatives, 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 Assembly shall decide the appeal upon the appeal record and the
written and oral argument presented on the appeal.
16.90.080 Scope of Appellate Review. A. The Assembly may exercise its
independent judgment on legal issues raised by the appellant. Legal issues
are those matters that relate to the interpretation or construction of an
ordinance or other provisions of law.
B. The Assembly shall defer to the judgment of the Commission
regarding disputed issues of fact. Findings of fact adopted expressly or by
necessary implication shall be considered as true if, based upon a review of
the whole record, they are supported by substantial evidence. Substantial
evidence means such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion. If the record as a whole affords a
substantial basis of fact from which the fact in issue may be reasonably
inferred, the fact is supported by substantial evidence.
16.90.090 Decision. A. The Assembly shall either affirm or reverse the
decision of the Commission in whole or in part. If the Assembly fails to
approve the reversal of the Commission's decision, that decision is affirmed.
Where the Assembly decides that a finding of fact by the Commission is not
supported by substantial evidence, it shall make its own finding on the
factual issue, based upon the evidence in the record.
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B. Every decision of the Assembly to affirm or reverse an action of
the Commission shall be based upon findings and conclusions adopted by the
Assembly. Such findings 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 Assembly's decision affirming or reversing the decision of the
Commission shall be mailed to the parties to the appeal within ten (10) days
after the appeal decision.
16.90.100 Hearing Examiner. Where the subdivider is the Borough or a
municipality, the appeal shall be heard and decided upon by a hearing
examiner. The hearing examiner shall be a Borough resident who is appointed
by resolution of the Borough Assembly. In rendering a decision, the hearing
examiner shall follow the rules and procedures as set forth in the preceding
sections of this chapter.
16.90.110 Judicial Review. Any person aggrieved by a final decision of the
Assembly under this chapter may appeal that decision to the Superior Court.
An appeal to Superior Court shall be heard solely on the record before the
Assembly or its hearing examiner and the Commission. The appeal procedure
shall be governed by the rules set forth in Part Six of the Rules of
Appellate procedure of the State of Alaska. The findings of the Assembly
shall not be reversed, if in light of the whole record they are supported by
substantial evidence.
Sections:
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CHAPTER 16.95
APPEALS TO THE COMMISSION
16.95.010 Persons Who May Appeal
16.95.020 Commencement of Appeal; Stay
16.95.030 Appeal Hearing - Notice, Preparation of Record
16.95.040 Appeal Hearing
16.95.050 Decision
16.95.010 Persons Who May Appeal. A written decision of the 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 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 Borough Engineer is to the
Commission.
16.95.030 Appeal Hearing - Notice, Preparation of Record. A. Upon timely
commencement of an appeal, the Community Development Department shall
schedule the appeal hearing, mail notice of the appeal, request the Borough
Engineer to prepare the appeal record and notify the Commission of the
appeal.
B. For appeals from a Borough Engineer's decision, notice shall be
given to all adjoining property owners. The notice shall include the
appellant's notice of appeal, describe the decision appealed from, state the
date of the appeal hearing and time within which written argument supporting
or opposing the appeal may be submitted, and contain the substance of
subsections C and E of this section regarding the availability of the appeal
record.
C. The appeal record shall be completed within twenty (20) days of
receipt of the notice of appeal for appeals from a Borough Engineer's
decision. The appeal record shall include the Borough Engineer's written
decision and supporting documentation.
D. Following completion of the record, the Community Development
Department shall, by certified mail, serve a copy of the appeal 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 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 1 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 Borough Engineer in whole or in part. If the Commission
fails to approve the reversal of the Engineer's decision, that decision is
affirmed.
B. Every decision of the Commission to affirm or reverse an action of
the Borough Engineer shall be based upon findings and conclusions adopted by
the Commission. Such findings 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 Borough Engineer shall be mailed to the parties to the appeal within ten
(10) days after the appeal decision.
Sections:
16.100.010 Variances
CHAPTER 16.100
VARIANCES
16.100.010 Variances. Whenever the tract to be subdivided is of such
unusual size or shape or is surrounded by such development or unusual
conditions that the strict application of the requirements contained in these
regulations would result in real difficulties or substantial hardship or
injustice, the Commission may vary such requirements so that the subdivider
may develop his property in a reasonable manner, but so that at the same time
the public welfare and interests of the borough and surrounding areas are
protected, the applicable provisions of state and federal law are complied
with and the general intent and spirit of these regulations are preserved.
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