Chapter 17.08
GENERAL PROVISIONS

Sections:

17.08.010    Purpose.

17.08.020    Jurisdiction.

17.08.030    Compliance.

17.08.040    Adoption authority.

17.08.050    Minimum requirements.

17.08.060    Responsibilities.

17.08.070    Fees.

17.08.080    Penalties for illegal subdivision.

17.08.090    Private enforcement rights.

17.08.010 Purpose.

A. The standards, regulations and procedures found within this title are for the following purposes:

1. Promote and provide for adequate and efficient street and road systems;

2. Prevent congestion on streets and promote traffic safety;

3. Provide for adequate utilities and public improvements;

4. Ensure the accurate survey and proper preparation of plats to facilitate the documentation of land ownership;

5. Protect and improve the health, safety, and general welfare of the people of the borough.

B. This title is intended to provide reasonable consideration to adopted borough plans with a view to providing the best possible subdivision of land. (Ord. 2013-51 § 2, 2013; Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.010.)

17.08.020 Jurisdiction.

A. This title applies to the subdivision of any land situated, in whole or in part, within the borough.

1. It is intended that this title implement the borough’s authority to regulate land subdivision to the full territorial extent authorized by state law.

2. All subdivisions by government landowners are subject to this title in the same manner and to the same extent as those by private landowners, including land acquisitions in the exercise of the power of eminent domain, except as otherwise provided by state or federal law.

3. A person may use the subdivision process to combine two or more lots.

B. A preliminary or final subdivision plat or waiver approved prior to the effective date of the ordinance codified in this title shall be subject to the prior title. All other subdivision applications will be required to comply with this title upon the effective date of the ordinance codified in this title. (Ord. 2016-40 § 68, 2016; Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.020.)

17.08.030 Compliance.

A. No person may subdivide land without first complying with this title.

B. A person subdividing land before obtaining approval under this title or aiding or abetting any other person in such action is subject to the penalties set forth in this chapter and any other penalties or liabilities imposed by state statute.

C. No subdivision requiring borough approval shall be recorded with the district recorder’s office unless approved by the platting board or the platting officer. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.030.)

17.08.040 Adoption authority.

This title is adopted under the authority of AS 29.40. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.035.)

17.08.050 Minimum requirements.

A. Compliance with this title does not relieve any person of the obligation to comply with other laws relating to the subdivision, development or sale of land within the borough.

B. Whenever the requirements of this title differ from the requirements of any other laws, ordinances, or lawfully adopted regulations, the most restrictive or that imposing the highest standard shall govern.

C. At a minimum, improvements shall be designed and constructed to the standards set forth in this title except that the platting board may accept alternate standards approved or adopted by the city in which the property is located. Municipalities shall be notified and may submit written comments in accordance with FNSBC 17.12.020(B). (Ord. 2012-32 § 2, 2012; Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.040.)

17.08.060 Responsibilities.

A. The review and approval of applications submitted under this title shall be the responsibility of the platting board appointed pursuant to Chapter 4.84 FNSBC, except where specific provisions of this title delegate that authority in the first instance to the platting officer or hearing officer.

1. The platting officer shall be a representative of the department of community planning designated by the director.

2. Decisions made or actions taken by the platting officer within the scope of his authority under this title may be appealed to the platting board.

B. The platting officer shall establish a schedule for submittal and recording of subdivisions under this title.

C. Failure of the borough to meet established deadlines shall not result in automatic approval of any application. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.050.)

17.08.070 Fees.

A. The fee charged for the review of a plat shall be nonrefundable.

B. The fee shall be paid in full when an application is submitted to the division of community planning, except that local, state, and federal governments may be exempt from payment of such fees when subdividing property for a public purpose.

C. The fee schedule shall be posted in the division of community planning and made available to the public. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.060.)

17.08.080 Penalties for illegal subdivision.

A. In addition to such penalties and liabilities as may be imposed by state law, any person who subdivides land in violation of this title is subject to a fine of $500.00 for each offense. Each act of violation and every day upon which any such violation occurs shall constitute a separate offense.

B. Upon a showing that a violation has occurred or is threatened, the borough may obtain an injunction to prevent a transfer, sale, lease, or agreement to sell or lease, or may require a violator to comply with the subdivision ordinance.

C. Such civil action will not prevent the imposition or recovery of any fines provided for by borough ordinances.

D. If an agreement to sell or lease land which would result in a subdivision is absolutely contingent upon platting board approval, it shall not constitute a violation. (Ord. 2013-65 § 21, 2013; Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.080.)

17.08.090 Private enforcement rights.

Nothing in this title is intended to bar or curtail the right of any person to assert any private right or remedy in the event of violation of this title or of state law or to seek remedy under this title and any of its provisions in a court of legal jurisdiction. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.10.090.)