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1990-15 Amending Title 16, SubdivisionKODIAK ISLAND BOROUGH ORDINANCE NO. 90 -15 By: Mayor Selby Recommended by: Planning and Zoning Commission Introduced: 04/05/90 Public Hearing: 05/03/90 Adopted: 05/03/90 AN ORDINANCE AMENDING TITLE 16, SUBDIVISION The Kodiak Island Borough Assembly hereby ordains that: Section 1. This ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. Section 2. Title of the Borough Code is hereby repealed in its entirety and replaced as attached. Section 3. This ordinance shall be in full force and effect upon passage and adoption. ATTEST: PASSED AND APPROVED THIS 3rd DAY OF MAY, 1990. Boro "Itlerk KODIAK ISLAND BOROUGH B augh Mayor esiding Officer Ordinance No. 90 -15 Page 1 of 37 Chapters: Sections: 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 16.100 Appeals to the Planning and Zoning Commission 16.110 Waiver from Requirements Chapter 16.10 GENERAL PROVISIONS 16.10.010 Purpose. 16.10.020 Statutory Authority. 16.10.030 Scope and Jurisdiction. 16.10.040 Alteration or Replat Petition. 16.10.050 Waivers. 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 for survey accuracy and proper preparation of plats; and B. promote and protect the public health, safety, and general welfare; and C. provide reasonable consideration of adopted borough plans and regulations in order to provide the best subdivision of land. 16.10.020 Statutory Authority. This Title is adopted under the authority of AS 29.40 as amended. For the purpose of administering these regulations, the Kodiak Island Borough Assembly establishes the Kodiak Island Borough Planning and Zoning Commission as the platting authority for the Kodiak Island Borough. The Community Development Director is established as the platting authority for abbreviated plats and waivers. Ordinance No. 90 -15 Page 2 of 37 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 or a standard subdivision agreement has been executed with the Kodiak Island Borough. B. These subdivision regulations do not apply to any lot or subdivision 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 subdivision who transfers, sells, or enters into a contract to sell land in a 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 three hundred dollars ($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 bears the approval of the Borough. A person who knowingly violates this requirement is punishable upon conviction by a fine of not more than three hundred dollars ($300.00). F. The Borough or any aggrieved person may bring a civil action to 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 maybe 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 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. Ordinance No. 90 -15 Pegs 3 of 37 16.10.050 Waivers. 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 Community Development Director shall waive the preparation, submission for approval, and recording of a plat upon satisfactory evidence that the subdivision meets the following requirements. The plat will: 1. subdivide a single lot into not more than four (4) lots and each lot created by the subdivision is five (5) acres or larger in size; 2. provide legal and physical access to a public highway or street for each lot created (for purposes of this Section, access to a navigable waterway meets the requirement); 3. not contain or require a dedication of a street, right -of -way, or other area; and 4. not require a vacation of a public dedication of land or a variance from a subdivision regulation. B. Application for a waiver shall contain a sketch depicting the lots to be created, the general location of the lots to be created (vicinity map), adjoining parcels, and proposed access. C. Completed applications will be reviewed by the Community Development Director within five (5) working days. The Community Development Department Director shall approve the waiver if it meets the requirements of State D. The following subdivisions of land are exempt from the Kodiak Island Borough subdivision regulations and the application and review procedures of this Section. 1. Subdivision and conveyance of land which is mandated by federal law [for example, a reconveyance required under Section 14(c) of the Alaska Native Claims Settlement Act]. A person proposing to sell, contract to sell, lease, or otherwise convey an interest in land after the initial federally mandated conveyance must first obtain Borough subdivision approval under this Chapter. 2. Cadastral plats, cadastral control plats, open -to- entry plats, or remote parcel plats created by or on behalf of the State of Alaska regardless of whether these plats include easements or other public dedications. E. A mylar copy of any survey prepared for any property waived or exempted under this Section shall be provided to the Kodiak Island Borough Community Development Department. 16.10.060 Fees. A. The Assembly shall establish by ordinance a schedule of fees to be paid upon application for any of the following. 1. Abbreviated Plat 2. Appeal 3. Preliminary Plat 4. Vacation or Replat 5. Plan Review, Improvements 6. 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 Ordinance No. 90 -15 Page 4 of 37 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 procedure; 3. an application for final plat when the final plat differs significantly from the preliminary plat; and 4. the modification or removal of a condition of approval. B. Notification. Notices shall include the date, time, and location of the hearing, if applicable, and the names of the parties filing the application. The following notices shall be given. 1. Vacation and Preliminary Plat. For a vacation of any street, alley, public thoroughfare, easement, utility easement, or any part thereof; or a hearing for a preliminary plat, final plat, or the modification or removal of a condition of approval, a notice shall be sent to all real property owners of record, within a minimum of three hundred (300) feet of the boundaries of the subject property, at least ten (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 (5) real property owners, whichever is greater, when additional lots are created informing them of the abbreviated plat submittal. 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: CHAPTER 16.20 DEFINITIONS 16.20.010 Definitions Generally. 16.20.020 ADEC. 16.20.030 Aliquot Part. 16.20.040 Assembly. 16.20.050 Alley. 16.20.060 Borough Engineering and Facilities Director. 16.20.070 Commission. 16.20.080 Community Development Director. 16.20.090 Cul -de -sac. 16.20.100 Easement. 16.20.110 Improvements. 16.20.120 Lot. 16.20.130 Mayor. 16.20.140 Monument. 16.20.150 Parcel. Ordinance No. 90 -15 Page 5 of 37 16.20.160 Plat. 16.20.170 Registered Engineer. 16.20.180 Review Agency. 16.20.190 Right -of -way. 16.20.200 Street. 16.20.210 Subdivider. 16.20.220 Subdivision. 16.20.230 Surveyor. 16.20.240 Tract. 16.20.250 Trafficway. 16.20.260 Vacation. 16.20.270 Walkway. 16.20.280 Warranty. 16.20.010 Definitions Generally. In this Title, unless otherwise provided, or the context otherwise requires the definitions codified in Sections 16.20.015 through 16.20.260 shall apply. 16.20.020 Conservation. ADEC. The Alaska Department of Environmental 16.20.030 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. 16.20.040 Assembly. The elected governing body of the Kodiak Island Borough. 16.20.050 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. 16.20.060 Borough Engineering and Facilities Director. The Director of the Kodiak Island Borough Engineering and Facilities Department or designee. 16.20.070 Commission. The body designated by the Assembly to be the platting authority for the Kodiak Island Borough. 16.20.080 Community Development Director. The Director of the Kodiak Island Borough Community Development Department or designee. 16.20.090 Cul -de -sac. A street having one (1) end open to traffic and being permanently terminated at the other end by a vehicle turnaround. 16.20.100 Easement. An interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment. 16.20.110 Improvements. Any construction incident to Ordinance No. 90 -15 Page 6 of 37 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. 16.20.120 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 (2) or more streets where the angle of intersection of the lot lines abutting those streets does not exceed one hundred thirty -five (135) degrees. B. Double Frontage Lot. A lot other than a corner lot with frontage on more than one (1) 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 (20) feet 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. 16.20.130 Mayor. The mayor of the Kodiak Island Borough or designee. 16.20.140 Monument. A permanent survey control point. 16.20.150 Parcel An unsubdivided plot of land. 16.20.160 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 Ordinance No. 90 -15 Page 7 of 37 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. 16.20.170 Registered Engineer. A registered, professional engineer registered in the State of Alaska. 16.20.180 Review Agency. A group, governmental agency, utility or city representative established by resolution of the Commission to receive preliminary plats for review and comment. This term includes but is not limited to the Community Development Director and Borough Engineering and Facilities Director, including work performed at their direction by qualified contractors. 16.20.190 Riaht-of-way. A strip of land which is dedicated, granted, or reserved for construction, maintenance, and use for the passage of vehicles or pedestrians. 16.20.200 Street. A right -of -way dedicated to public use which provides vehicular and pedestrian access to adjacent properties. 16.20.210 Subdivider. A person, firm, or corporation undertaking the subdividing of a lot, tract, or parcel of land into two (2) 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. 16.20.220 Subdivision. The division of a parcel of land into two (2) or more lots or other divisions for the purpose of sale or building development; and including resubdivision, and relates to the process of subdividing or to the land subdivided. 16.20.230 Surveyor. A registered, professional land surveyor licensed to practice land surveying in the State of Alaska. 16.20.240 Tract. An area of land which has been defined by survey, but has not been designated by lot and block numbers. 16.20.250 Trafficway. The portion of a street, alley, or road which is open for the passage of moving vehicles. 16.20.260 Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. 16.20.270 Walkway. Right -of -way dedicated to public use, which is limited to non -motor vehicle use. Ordinance No. 90 -15 Page 8 of 37 16.20.280 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. The warranty period shall be one (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 and Design Requirements 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 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 16.30.050C 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. 16.30.030 Information and Design Requirements. 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 Title. 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. 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 Ordinance No. 90 -15 Page 9 of 37 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 (24) months. 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 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 require 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 subdividers may be required to demonstrate to the Community Development Director that proposed access can be constructed practically and economically within any proposed access easement. Sections: 16.40.010 16.40.020 16.40.030 16.40.050 16.40.070 16.40.080 CHAPTER 16.40 PRELIMINARY PLAT Preliminary Discussion. Area to be Included in Plat. Prints, Type and Number to be Submitted Data Required. Lot Design and Improvements Required Procedure. Dedications. Private Roads. 16.40.010 Preliminary Discussion. Each subdivider is encouraged to confer with the Community Development Director and the Engineering and Facilities Director before submitting a Ordinance No. 90 -15 Page 10 of 37 preliminary subdivision plat. A. The subdivider should submit the following for review. 1. A legible sketch drawn to a scale of generally one (1) inch equals one hundred (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 (1) inch equals one (1) mile or a map of larger scale which adequately shows the location of the proposed subdivision. B. A written summary of the discussion 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 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. 16.40.030 Prints. Type and Number to be Submitted. Unless otherwise directed, ten (10) prints of the preliminary plat, supporting materials, and appropriate filing fee must be submitted to the Community Development Department. The preliminary plat shall be drawn to a scale specified in 16.50.020(C) on paper of one (1) of the following sizes with each sheet being the same size: A. eighteen (18) inches by twenty -four (24) inches, or B. twenty -four (24) inches by thirty -six (36) inches. 16.40.040 Data Reauired. A. The preliminary plat shall include the 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 high tide 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 (5) feet] unless the plat is a reversion to acreage, is a minor change to existing lot lines, or vacates existing lot lines, rights -of -way, or easements. Topographical Ordinance No. 90 -15 Page 11 of 37 surveys must be done on an accepted, established vertical datum. Government prepared topographic data is acceptable to meet this requirement, if no changes to site topography have taken place since the date of the topographic survey; 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. 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. 13. 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 guidelines for development including recommendations for subsurface drainage and excavation of unsuitable materials, if appropriate. 16.40.050 Lot Desian and Improvements Required. A. 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. The following items, among others, may be taken into consideration by the Commission in determining the appropriateness of the subdivision for the locality in which the subdivision is located. 1. Adequacy of access for additional traffic volume. 2. Adequacy of access from a safety standpoint (e.g., road grades, line of sight considerations). Ordinance No. 90 -15 Page 12 of 37 3. Potential drainage problems. 4. Neighborhood character (e.g., existing development characteristics, including the size and shape of existing lots, the extent of existing development, and the topography in the neighborhood). 5. The Commission shall also take into consideration the adopted policies of the Kodiak Island Borough Coastal Management Program that relate to the proposed subdivision, and based on these policies may require conditions of approval, where feasible and prudent, to implement the policies of the Kodiak Island Borough Coastal Management Program. B. Lots shall also meet, at a minimum, all of the following criteria. 1. Minimum lot sizes and widths shall conform to the requirements of the Borough Zoning Ordinance unless a variance from the zoning requirements is granted by the Commission. 2. Double frontage lots shall not access onto designated collector or arterial streets and will generally only be allowed where topography allows no reasonable alternative. 3. Two (2) types of Flag lots are allowed, as follows. a. Type I Flag Lot. i) A single stem type I flag lot shall have a note on the final plat which prohibits future subdivision of the lot and shall have a staff with a minimum width of thirty (30) feet. ii) Two (2) Type I flag lots with adjacent stems shall have a note on the final plat which prohibits future subdivision of the lots and each flag stem shall have a staff with a minimum width of twenty (20) feet. b. Type II Flag Lot. i) A single stem Type II flag lot may be further subdivided if the staff is a minimum of sixty (60) feet wide. ii) Two (2) type II flag lots with adjacent stems may be further subdivided if the staffs of each stem are a minimum of thirty (30) feet wide. 4. The driveway access standards of Section 15.26 of the Borough Code. 5. The fire apparatus access road requirements (Section 10.207 of the Uniform Fire Code) of Section 15.24 of the Borough Code. 6. The utility installation requirements of Title 13 of the Borough Code. 7. Lots platted with a common wall or zero lot line intent shall be designated as such on the final plat. 8. All lots should have frontage on a dedicated public right -of -way. Generally, access easements maybe allowed only when the property proposed for subdivision is accessed by an easement or has no dedicated public access. Lots greater than ten (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. C. Subdivisions are also required to meet the improvement standards contained in Chapters 16.70 and 16.80 of this Title. Ordinance No. 90 -15 Page 13 of 37 16.40.060 Procedure. A. The Community Development Director 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 Community Development Director shall notify the subdivider and surveyor in writing stating the additional information required. B. If the application and submittal requirements have been met within five (5) working days after the deadline established for the Commission agenda (the Friday after the regular monthly meeting), the Community Development Director 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 Community Development Director nine (9) working days prior to the Commission meeting at which the plat will be considered. D. The Borough Engineering and Facilities Director and Community Development Director shall make recommendations and comments in writing to the Commission no later than six (6) working days prior to the Commission meeting at which the plat will be considered. E. The Commission shall approve or disapprove a plat sixty (60) days after it is filed or shall return it to the applicant for modification or correction, unless the applicant for plat approval consents to an extension of time. 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 of the Commission 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, at the request of the subdivider, by the Commission prior to the expiration of the preliminary plat. 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 plat was originally approved. A preliminary plat may include two (2) 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. The Commission may require a final plat to be brought before the Commission for final review and /or approval as a condition of preliminary approval. G. All decisions as to approval or disapproval of a preliminary plat by the Commission shall be final unless a request for reconsideration or an appeal is brought pursuant to Chapter 16.90. 16.40.070 Dedications. The Commission may require, by Ordinance No. 90 -15 Page 14 of 37 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 dedicated 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 on the parcel to be reserved). 16.40.080 Private Roads. Upon the request of the subdivider, the Commission may permit 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 16.80.030E. 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 in Section 16.80.030E. C. A written covenant providing for the payment of real property taxes 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 and Certificates. 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 Chapter and shall be submitted to the Community Development Director within twenty -four (24) Ordinance No. 90 -15 Page 15 of 37 months of preliminary plat approval. B. The final plat shall be approved by the Community Development Director when the final plat meets the conditions of preliminary approval, the requirements of this Chapter and Chapters 16.70 and 16.80 as required, except that the Planning and Zoning Commission reserves the right to require final review by the Commission at its discretion. The final plat may be approved prior to the completion of the improvements required in Chapters 16.70 and 16.80 upon execution of a standard subdivision agreement between the subdivider and the Kodiak Island Borough. The Community Development Director shall report approvals at the next regular Commission meeting. 1. The Community Development Director shall approve or deny the final plat within twenty (20) working days after acceptance and shall notify the subdivider by letter of the action with an official statement of findings and reasons for the action. Final plats submitted by native corporations subject to PL 100 -241 shall be approved or denied within forty -five (45) working days after acceptance due to the federal requirement that tax information be provided to the corporation thirty (30) days prior to approval of the final plat. 2. A final plat differing substantially from the approved preliminary plat shall require submittal to the Commission for public hearing and approval. The Community Development Director shall make 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 twenty (20) working days from the date of acceptance, the plat shall be deemed to 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 shall be dependent upon receipt of the following. 1. A statement from the Alaska Department of Environmental Conservation that the subdivision has received approval for wastewater disposal. This approval shall not affect any subsequent additional requirements relating to sewage disposal and water supply, as they apply to any lots within the subdivision. Wastewater disposal systems and water wells shall be located on the lot which they are intended to serve unless adequate community systems can be provided. 2. 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 Ordinance No. 90 -15 Page 16 of 37 grants, reservations, covenants, deed restrictions and easements of record which may condition the use of the property, prepared within six (6) months of the date the final plat is submitted. 16.50.020 Requirements of Final Plat. A. The final plat shall be submitted on a good quality reproducible three (3) millimeter 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 be in such condition when filed, that legible prints and negatives can be made therefrom. B. Three (3) blueline or blackline copies and the polyester film original of the final plat 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 Community Development Director 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 (1) of the following size sheets: 1. eighteen (18) inches by twenty -four (24) inches; 2. twenty -four (24) inches by thirty -six (36) inches. If more than one (1) sheet is required to cover the plat, each shall be of the same size and an index sheet shall be provided 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 Ordinance No. 90 -15 Page 17 of 37 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 plat. 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 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 shall be monumented and shown on the plat. When a center one - fourth (1/4) corner must be determined it shall be set. A minimum survey accuracy of one to ten thousand (1:10,000) on parcels which are in the City of Kodiak and one to five thousand (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. Ordinance No. 90 -15 Paste 18 of 37 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 one thousand three hundred twenty (1,320) feet apart. H. If an exterior boundary line is less than two thousand six hundred forty (2,640) feet, but more than one thousand three hundred twenty (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 two (2) inch or larger. b. Cut in thirty (30) inch lengths. c. One (1) end of the pipe shall be split for several inches and the two (2) halves spread to form flanges or a commercially manufactured foot attached. 2. A brass or aluminum cap two and one -half (2.5) 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 five - eighths (5/8) inch minimum diameter and driven to a minimum nine (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 two and one -half (2.5) 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 two and one -half (2.5) inch diameter with a half (0.5) inch diameter stem shall be cemented into a drilled hole. H. Secondary Monuments 1. Cap one and a half (1.5) inch or larger secured by friction fit or mechanical means to five- eighths (5/8) inch steel rebar or other ferrous metal rod. 2. The rods shall penetrate a minimum of twenty -four (24) 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 Ordinance No. 90 -15 Page 19 of 37 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 are allowed if justified in writing by a registered surveyor. 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. In some cases, it may be desirable that access from certain lots or parcels be denied to certain roads or other rightsof -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 Ordinuwe No. 90 -15 Page 20 of 37 land surveyor who prepared the plat in the language which follows: 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 D. The plat to be filed shall contain the following statement of Plat Approval: Kodiak Island Borough Commission: Received Chairman Mayor Clerk Community Development Director (Surveyors Seal) REGISTERED LAND SURVEYOR Planning and Zoning ; Approved ; Date This is to certify that the within plat is duly approved in accordance with the Kodiak Island Borough Code this day of , 19 Date 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: 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 , 19 Kodiak Island Borough Clerk G. The plat shall show all other data that are or may be required on the plat by statute or ordinance. Ordinance No. 90 -15 Page 21 of 37 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, maintain, or authorize the location, construction, maintenance, and use of conduits for all and any purpose, water, gas, sewers, 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 twenty (20) working 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 Community Development Director as provided in Chapter 16.100 of this Title. Sections: 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 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 Reauired Application. In submitting a vacation application, the applicant shall submit the following items to the Community Development Director, by the deadline established for the Commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must ordinance No. 90 -15 Page 22 of 37 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. 16.60.040 Action. A. The Commission shall take action on the vacation application within forty (40) working 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 five (5) 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 (1) 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 municipality in which the land is located. B. If a municipality acquired the street or other public area vacated 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. 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 Aporoval 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 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 (30) 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 Ordinance No. 90 -15 Page 23 of 37 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: CHAPTER 16.70 IMPROVEMENTS 16.70.010 Prerequisites to Improvement Construction and Inspection. 16.70.020 Prerequisites to Approval. 16.70.030 Acceptance of Improvements. 16.70.040 Modification of Improvements Permitted. 16.70.010 Prerequisites to Improvement Construction and Inspection. A. No person may begin construction of any improvement required under this Chapter or Chapter 16.80 unless plans for such construction have been prepared by a professional engineer registered in the State of Alaska and have been approved by the Engineering and Facilities Director for subdivisions located outside cities, and, by the Municipal Clerk or Municipal Engineer for subdivisions located within a city, and an inspection agreement has been executed between the subdivider and the Kodiak Island Borough. B. In addition, plans shall be reviewed and approved based on their operational design and compatibility with existing improvements by the respective agencies who have responsibility for any portion of the system which the improvement will impact. C. The Kodiak Island Borough and responsible agencies reserve the right to inspect the construction of improvements at any stage of construction to ensure compliance with approved plans, including performance of a final inspection prior to accepting the improvements as provided for in Section 16.70.030. 16.70.020 Prerequisites to Approval. A. The subdivider shall construct and install in the subdivision the improvements required by this Chapter within two (2) years of preliminary 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 comply with all applicable Borough standards for construction as specified in Chapter 16.80. 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 Ordinance No. 90 -15 Page 24 of 37 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS FIRE FLOW REQUIREMENT (9 MINIMUM NUMBER OF HYDRANTS AVERAGE SPACING BETWEEN HYDRANTS "' (FEET) MAXIMUM DISTANCE FROM HYDRANT TO ANY POINT ON STREET OR ROADWAY FRONTAGE' (FEET) 750 -1750 2000 -2250 2500 3000 3500 -4000 4500 -5000 5500 6000 6500 -7000 7500 or more 1 3 3 5 6 6 8 or 7mors 500 450 450 400 350 300 300 250 250 200 250 225 225 225 210 180 180 150 150 120 ' Reduce by 100 feet for dead -end streets or roadways. 2 Where streets are provided w th median dividers which can be crossed by fire fighters pulling hose lines, or arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis up to a fire -flow requirement of 7000 gpm and 400 feet or higher fire - flow requirements. ' Reduce by 50 feet for dead -end streets or roadways. 4 one hydrant for each 1000 gpm or fraction thereof. ' Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants should be provided at not less than 1000 -foot spacing to provide for transportation hazards. 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. Whenever water mains are installed, fire hydrants shall be installed and spaced according to the following table. 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 (4) feet in width be constructed along at least one (1) 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. The Commission may require, a drainage plan in order to identify required improvements Ordinance No. 90 -15 Page 25 of 37 as part of preliminary plat approval; as well as, a letter of jurisdiction from the U.S. Army Corps of Engineers. 6. Other. The Commission may require areas to be identified on the plat for the location of dumpster pads and neighborhood mail boxes. A street lighting plan for the subdivision may also be required by the Commission. 7. 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. 8. Monumentation. All monumentation required by Chapter 16.50 shall be provided by the subdivider. B. Lots that are larger than forty thousand (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 ten (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 connection to an existing road system. 16.70.030 Acceptance of Improvements. A. 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 Engineering and Facilities Director for subdivisions located outside cities, and, by the Municipal Clerk or municipal engineer for subdivisions located within a city. B. The following items shall be provided to the Engineering and Facilities Director and /or responsible agencies prior to acceptance of the improvements. 1. A mylar as -built of the improvements certified by a registered engineer. 2. Copies of all construction documents relevant to the construction of the improvement. 3. A record of installed materials including any warranties, catalog cuts, and operation and maintenance manuals. 4. Any special tools, accessories, and /or spare parts needed for the operation of the improvement. C. The subdivider shall provide an express warranty for workmanship and materials to cover the improvements during the first year of operation from the initial date of acceptance of the improvements. This warranty shall be secured by a performance bond in an amount equal to ten percent (10 %) of the cost of construction of the improvements if the value of all the improvements is less than or equal to two hundred fifty thousand dollars ($250,000); if the value of the improvements exceeds two hundred fifty thousand dollars (8250,000), the performance bond shall be in the amount of twenty -five thousand dollars ($25,000). Ordinance No. 90 -15 Page 26 of 37 16.70.040 Modification of Improvements Permitted. Any city may, by ordinance, adopt different improvement standards. Sections: CHAPTER 16.80 STANDARDS FOR ROAD IMPROVEMENTS 16.80.010 General Requirements. 16.80.020 Road Classifications. 16.80.030 Minimum Right -of -Way and Trafficway Widths 16.80.040 Geometrics and Profiles. 16.80.050 Intersection. 16.80.060 Guardrails and Shoulder Widening. 16.80.070 Road Construction Standards. 16.80.080 Drainage. 16.80.090 Signs, Subdivisions, and Road Names. 16.80.100 Exceptions to Minimum Requirements. 16.80.010 General Reauirements. 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. C. Sections 16.70.010 and 16.70.030 apply to any improvements constructed under the provisions of this Chapter. 16.80.020 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. Ordinance No. 90 -15 Page 27 of 37 16.80.030 Minimum Right- of -Wav and Trafficway Widths. A. Minimum right -of -way and trafficway widths shall be as follows. or Road Classification Local road Collector road Arterial road Alley Cul -de -sac Private road Minimum Right -of -Way 60 feet 60 feet 80 feet 20 feet 50 feet 50 feetc...a..naa Minimum Unpaved Trafficway 23 feet 27 feet 33 feet 18 feet 20 feet 20 feet 16.80.050 Intersection. A. Streets shall angle as close to ninety (90) degrees as feasible, at an angle less than seventy -five (75) degrees with a minimum twenty (20) foot radius shall intersections. Not more than two (2) roads shall (1) point. Minimum Paved Trafficway 20 feet 24 feet 30 feet 15 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. Private roads, when constructed, shall meet, at a minimum, the standards of Section 10.207 of the Uniform Fire Code (fire apparatus access road requirements) and Section 15.26 (driveway access) of the Borough Code. 16.80.040 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 (175) feet; 2. collector road, two hundred thirty -five (235) feet; 3. arterial road, four hundred twenty -five (425) feet. B. Compound curves and broken -back curves should not be used. Reverse curves should have an intermediate tangent of one hundred (100) feet or more, unless the curve radii are three hundred (300) feet or more. C. Gradients. Road grades should not exceed eight percent (8 %). Cul -de -sac areas and temporary turnarounds should not exceed four percent (4 %). The Engineering and Facilities Director may approve road grades to fifteen percent (15 %) if a plan and profile of the road is submitted by a registered engineer, and the engineer certifies that safety standards are met. D. Cross Slopes. The minimum road cross slope shall not be less than two percent (2 %). intersect at an and in no event, Corner roundings be required at intersect at one Ordinance No. 90 -15 Page 28 of 37 B. The distance between intersection centerlines shall not be less than two hundred (200) feet. C. Intersection road grades shall not exceed four percent (4 %) within one hundred (100) feet of the intersection with the through road centerline. The through road grade shall not exceed seven percent (7 %) at the intersection. D. Intersection sight distances are as follows. 1. Intersecting local roads shall have a minimum sight distance of two hundred (200) feet. 2. Collector roads shall have a minimum sight distance of two hundred seventy -five (275) feet measured from the intersecting roads centerline. 3. Arterial roads shall have a minimum sight distance of four hundred fifteen (415) 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. 16.80.060 Guardrails and Shoulder Widenino. 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. 16.80.070 Road Construction Standards. be constructed with a subbase course of material with no more than ten percent (10 %) Number 200 sieve. The minimum depth of follows. Local road Collector road Arterial road Alley Cul -de -sac 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 (2) inch minus rock with no more than ten percent (10 %) of weight passing the Number 200 sieve and a plasticity index of not greater than four (4) as determined by AASHTO T -90. The minimum depth of base course after compaction shall be as follows. Local road Collector road Arterial 6 inches Alley 4 inches Cul -de -sac A. All roads shall nonfrost susceptible of weight passing the subbase shall be as 18 inches 24 inches 30 inches 12 inches 18 inches 4 inches 6 inches 4 inches 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 Ordinance No. 90 -15 Page 29 of 37 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. Geotextiles may be used upon submittal of satisfactory supporting data from a registered engineer and approval by the Engineering and Facilities Director. 16.80.080 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 twentyfour (4) inches diameter with at least a one percent (1 %) drainage grade through the pipes. B. The bottom of a roadway ditch shall be at least eight (8) feet beyond the roadway subbase shoulder, with a three to one (3 : 1) slope from the shoulder to the bottom of the ditch, except in rock cuts where the distance shall be six (6) feet and the slope shall be three to one (3 : 1). 16.80.090 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 (50) feet of its point of egress and ingress. Cul -de -sac roads shall be signed and identified within fifty (50) 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. 16.80.100 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 and Facilities Director shall consider alternate solutions and may approve changes when such changes are substantiated and justified by a design analysis prepared by a registered engineer. A. The minimum requirements of this Chapter are guidelines and may be adjusted either up or down subject to actual field Ordinance No. 90 -15 Payer 30 of 37 conditions upon review and approval by the Engineering and Facilities Director of plans prepared and certified by a registered 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: CHAPTER 16.90 APPEALS TO THE ASSEMBLY 16.90.010 Reconsideration. 16.90.020 Persons Who May Appeal. 16.90.030 Commencement of Appeal; Stay. 16.90.040 New Evidence - Changed Circumstances. 16.90.050 Appeal Hearing - Notice, Preparation of Record. 16.90.060 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 (10) 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; or 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, then the Commission shall decide the matter or set the matter on its agenda for rehearing. The decision Ordinance No. 90 -15 Page 31 of 37 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 waiver from the requirements of this Title may be appealed by: A. the applicant; or 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) working days after the decision by the Commission to the Assembly. B. An appeal is commenced by filing with the Borough Clerk a written notice of appeal, specifically stating the reasons 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. 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 Community Development Director 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 was entitled to notice of the original Commission proceeding. 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 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 draft minutes of the proceedings before the Commission, the Commission's written decision, and any written documents considered by the Commission. Any party to an appeal from a Commission decision may cause Ordinance No. 90 - Page 32 of 37 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) working 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 appropriate fee. 16.90.060 Argument on Appeal. On appeal to the Assembly, any person who meets the requirements of Section 16.90.020 may submit to the Borough Clerk written argument supporting or opposing the appeal. Written argument submitted prior to the appeal hearing 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 thirty (30) days after the appeal record has been completed. B. At the hearing before the Assembly, only persons who have submitted 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 (10) minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant, ten (10) minutes. 3. Private person supporting the appeal, ten (10) minutes each. 4. Private person opposing the appeal, ten (10) minutes 5. Appellant, for rebuttal, ten (10) 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. each. 16.90.080 Scone 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 Ordinance No. 90 -15 Page 33 of 37 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. 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) working days after the appeal decision and approval of findings of fact. 16.90.100 Hearina 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. Ordinance No. 90 -15 Page 34 of 37 Sections: CHAPTER 16.100 APPEALS TO THE COMMISSION 16.100.010 Persons Who May Appeal. 16.100.020 Commencement of Appeal; Stay. 16.100.030 Appeal Hearing - Notice, Preparation of Record. 16.100.040 Appeal Hearing. 16.100.050 Decision. 16.100.010 Persons Who Mav Appeal. A written decision of the Community Development Director granting or denying approval of a plat may be appealed by the applicant. 16.100.020 Commencement of Appeal; Stay. A. A decision of the Community Development Director is final unless appealed to the Commission within ten (10) working days of receipt of notification of 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. 16.100.030 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, prepare the appeal record and notify the Commission of the appeal. B. For appeals from the Community Development Director'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 Subsection E of this Section regarding the availability of the appeal record. C. The appeal record shall be completed within ten (10) working days of receipt of the notice of appeal for appeals from the Community Development Director's decision. The appeal record shall include the Community Development Director'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 appropriate fee. F. On appeal to the Commission, any person who meets the Ordinance No. 90 -15 Page 35 of 37 requirements of Section 16.100.010 and 16.100.030B may submit to the Community Development Director written argument supporting or opposing the appeal. Written argument submitted prior to the appeal hearing shall become part of the appeal record. 16.100.040 Appeal Hearing. A. On an appeal from a Community Development Director'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, only persons who have received written notice of the appeal or submitted written comments on the appeal may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the Commission, for good cause shown, permits a change in the order or an enlargement of time. 1. Borough staff, ten (10) minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant, ten (10) minutes. 3. Private person supporting the appeal, ten (10) minutes each. 4. Private person opposing the appeal, ten (10) minutes 5. Appellant, for rebuttal, ten (10) 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. 16.100.050 Decision. A. The Commission shall either affirm or reverse the decision of the Community Development Director in whole or in part. if the Commission fails to approve the reversal of the Community Development Director's decision, that decision is affirmed. B. Every decision of the Commission to affirm or reverse an action of the Community Development Director 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 Community Development Director shall be mailed to the parties to the appeal within five (5) working days after the appeal decision and approval of findings of fact. each. Ordinance No. 90 -15 Page 36 of 37 Sections: CHAPTER 16.110 WAIVER FROM REQUIREMENTS 16.110.010 Waiver from Requirements. 16.110.010 Waiver from Requirements. 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 waive 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. Ordinance No. 90 -15 Page 37 of 37