Division 3. Other Related Applications and Approval Processes

Chapter 17.32
VACATIONS

Sections:

17.32.010    Vacation criteria.

17.32.020    Vacation application.

17.32.030    Action on vacation application.

17.32.040    Removal of public utility easements.

17.32.010 Vacation criteria.

Vacation of a public road, trail, easement, or public area must conform to the requirements of AS 29 and as outlined in this chapter. (Ord. 2005-10 § 2, 2005. 2004 Code § 17.40.010.)

17.32.020 Vacation application.

An informal preapplication conference by appointment with borough staff prior to the submittal of the application for vacation of a public right-of-way is encouraged. The application shall be submitted on a form provided for that purpose by the borough, accompanied by the following:

A. A petition signed by:

1. The owners of the majority of the land fronting the area being vacated; or

2. A member of the assembly, the borough mayor, or his or her designee; or

3. An official representative of the state; or

4. An official representative of an affected utility.

B. Drawings which contain information required for a preliminary plat under Chapter 17.48 FNSBC;

C. Written recommendations from affected agencies and municipality or satisfactory evidence that they have received the preliminary plat or sketch 10 working days prior to the application being submitted to the platting officer. Reviewing agencies shall have a maximum of 10 working days for their review and response;

D. The appropriate fee;

E. A report issued by a title company showing the legal and equitable owners of the land to be altered and all grants, reservations, covenants, deed restrictions, and easements of record. Copies of all documents identified shall accompany the report. (Ord. 2016-40 § 70, 2016; Ord. 2005-17 § 2, 2005; Ord. 2005-10 § 2, 2005. 2004 Code § 17.40.020.)

17.32.030 Action on vacation application.

A. Application requests must be submitted at least 45 calendar days before the meeting of the platting board at which the proposed vacation will be considered.

B. Within 25 calendar days after submittal of the application, the platting officer shall review the application and supporting materials for compliance with this title and AS 29 and do one of the following:

1. If the application is complete, accept the application for review and action by the platting board;

2. If the application is incomplete, return it to the applicant with a written list of deficiencies to be satisfied for acceptance.

C. After acceptance of the application and at least 14 calendar days prior to the time set for the platting board review and action the platting officer will:

1. Prepare a staff report that includes a recommendation for approval or denial of the proposed vacation;

2. Send notice of the proposed vacation to adjoining property owners.

a. Individuals may respond in writing prior to the platting board meeting.

b. Verbal testimony may be given at the platting board meeting.

3. No revisions to the application will be considered which are subsequent to the preparation of the staff report and notice of the proposal to adjoining property owners. Any such revisions will be treated as a new application and reviewed at the next regularly scheduled meeting of the platting board.

4. All plans, data, and other supporting material shall be available for public inspection at the department of community planning at least 14 calendar days prior to the time set for platting board review.

D. Notice of the application shall be published in a newspaper of general circulation not less than five calendar days prior to consideration by the platting board.

E. An accepted application shall be placed on the agenda of the next regularly scheduled platting board meeting.

1. The platting board shall consider the merits of each vacation request and in all cases the platting board shall deem the area being vacated to be of value to the municipality. It shall be incumbent upon the applicant to show that the area proposed for vacation is no longer practical for the uses or purposes authorized or that other provisions have been made which are more beneficial to the public.

2. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the owner(s) of the dominant estate(s), unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement.

3. The platting board may impose such conditions as it deems necessary to ensure compliance with the requirements and purpose of these titles.

F. Approval of vacations are subject to the following:

1. No vacation of a city street may be made without the consent of the city council.

2. No vacation of a street in the borough area outside cities may be made without the consent of the borough assembly.

3. The assembly or council shall have 30 days from the platting board’s decision in which to veto the board’s decision.

4. If the vacation is not vetoed within the 30-day period, the consent of the city or borough shall be deemed to have been given to the vacation.

5. When required by state or federal law, the approval of the appropriate agency. The appropriate agency shall sign the final plat prior to recording.

G. Upon approval of a vacation under this chapter, the applicant shall have 24 months in which to satisfy all conditions of the vacation approval and submit an application for final approval as stated in Chapter 17.52 FNSBC.

H. Platting board actions on vacation requests are final except as provided in this section. (Ord. 2013-87 § 2, 2013; Ord. 2007-77 § 4, 2008; Ord. 2005-10 § 2, 2005. 2004 Code § 17.40.030.)

17.32.040 Removal of public utility easements.

If a public utility easement is reserved or shown on a recorded plat, the procedure for removing such easement may follow the quick plat procedure. (Ord. 2012-33 § 3, 2012; Ord. 2005-10 § 2, 2005. 2004 Code § 17.40.040.)