Chapter 16.10
GENERAL PROVISIONS

Sections:

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.

B. Promote and protect the public health, safety, and general welfare.

C. Provide reasonable consideration of adopted borough plans and regulations in order to provide the best subdivision of land. [Ord. 90-15 §2, 1990].

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 assembly establishes the borough planning and zoning commission as the platting authority for the borough. The community development department director is established as the platting authority for abbreviated plats and waivers. [Ord. 90-15 §2, 1990].

16.10.030 Scope and jurisdiction.

A. This title governs the subdivision of all land within the 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 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 $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 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 $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 may be 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. [Ord. 90-15 §2, 1990].

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. [Ord. 90-15 §2, 1990].

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 KIBC, except that:

A. Pursuant to AS 29.40.090(b), the community development department director shall waive the preparation, submission for approval, and recording of a plat upon satisfactory evidence that the subdivision meets the following requirements:

1. The subdivision may divide a single lot into not more than four lots. Each lot created by the subdivision must be five acres or larger in size;

2. The subdivision must provide legal and physical access to a public highway or street for each lot created. For purposes of this section, practical access to a navigable waterway is equivalent to access to a public highway. A waiver applicant must demonstrate to the community development department director that proposed access can be constructed practically and economically from any navigable waterway to a building site that is consistent with the requirements of KIBC Title 17, Zoning;

3. The subdivision may not contain or require the dedication of a street, right-of-way, or other area;

4. The subdivision may not require a vacation of a public dedication of land or a variance from a subdivision regulation; and

5. A waiver application must include a certificate by the clerk that all taxes assessed and due against the property and in favor of the borough have been paid in full.

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 department director within five working days. The community development department director shall approve the waiver if it meets the requirements of state law.

D. The land subdivided on a waiver application shall be considered to be developed for purposes of property taxation on the date that the waiver application is approved by the community development department director, unless the subdivided property is a remainder parcel.

E. The following subdivisions of land are exempt from the 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); and

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.

F. A Mylar copy of any survey prepared for any property waived or exempted under this section shall be provided to the community development department. [Ord. 93-64 §§2 – 4, 1993; Ord. 90-15 §2, 1990].

16.10.060 Fees.

A. The assembly shall establish by resolution 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; and

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 nonprofit organization. [Ord. 92-12 §8, 1992; Ord. 90-15 §2, 1990].

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 300 feet of the boundaries of the subject property, at least 10 days prior to the public hearing; and

2. Abbreviated Plat. A notice shall be sent prior to approval to all adjacent or the nearest five 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. [Ord. 90-15 §2, 1990].