Chapter 17.28
RIGHT-OF-WAY ACQUISITION PLATS

Sections:

17.28.010    Alternate procedure.

17.28.020    Submission requirements.

17.28.030    Applicability of requirements.

17.28.040    Action.

17.28.010 Alternate procedure.

A plat for a subdivision created by a government transportation or public works agency’s partial acquisition of parcels in fee for the purpose of a street or right-of-way, including roadway appurtenances, is subject to approval under this chapter and is exempt from all other approval procedure for plats under this division. (Ord. 2014-59, 2014. 2004 Code § 17.30.130.)

17.28.020 Submission requirements.

A government right-of-way acquisition plat submitted under this chapter shall contain the following information:

A. The location (including section, township and range), name, project number and plat number, if applicable, of the acquisition project;

B. The proposed timetable for acquisition and construction;

C. The dimensions and area of the acquired parcel or of the parcels to be acquired and of each remainder parcel;

D. The names of the property owners identified by parcel. (Ord. 2014-59, 2014. 2004 Code § 17.30.140.)

17.28.030 Applicability of requirements.

A government right-of-way acquisition plat shall conform to the submission requirements of FNSBC 17.28.020 and to the other provisions of this title; provided, that:

A. Remainder lots created by right-of-way acquisition plats are subject to the requirements of FNSBC 17.56.010, and variances may be required under Chapter 17.64 FNSBC;

B. A right-of-way acquisition plat is not subject to any of the other submission requirements for plats under this title;

C. The borough shall require monumentation of aliquot part section corner monuments, temporary benchmark and government survey control monuments that will be disturbed, destroyed or lost as a result of the proposed project;

D. The borough shall require monumentation adjoining the right-of-way of remnant parcels created by right-of-way acquisition which were previously subdivided or monumented;

E. The state, its agencies, instrumentalities, and political subdivisions may acquire or obtain conveyances, including dedication of lots or tracts of a right-of-way acquisition plat, before submittal of a right-of-way acquisition plat for approval by the borough. A right-of-way acquisition conveyance may be recorded before approval and recording of the right-of-way acquisition plat. (Ord. 2014-59, 2014. 2004 Code § 17.30.150.)

17.28.040 Action.

Actions necessary prior to approval of a final plat include:

A. The platting officer and the appropriate government agencies shall review the right-of-way acquisition plat for completeness. If the proposed plat does not meet the requirements of this chapter, it shall be returned to the submitting agency with an explanation of its deficiencies.

B. The public notice and hearing requirements applicable to major plats submitted for approval, set forth in FNSBC 17.12.030 apply to right-of-way acquisition plats submitted to the borough for action.

C. The platting board’s preliminary approval of a right-of-way acquisition plat is effective for 60 months. The platting board may grant an extension for recording the final plat upon the finding that it is in the public interest to do so.

D. The platting officer shall review the final plat within 60 days of receipt of the final plat application and return a copy of its review to the submitting agency. The submitting agency shall make any necessary changes to the final plat and submit a final copy to the platting officer for recording.

E. All decisions of the platting board under this chapter are final unless appealed to the planning commission within seven calendar days. Any appeal is subject to Chapter 17.68 FNSBC. (Ord. 2014-59, 2014. 2004 Code § 17.30.160.)