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 Title of the Borough Code is hereby repealed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