Chapter 17.02

CHAPTER 17.02: MANDATORY LAND USE PERMIT

Section

17.02.010 Intent and applicability

17.02.020 Land use permit

17.02.040 Action on applications

17.02.010 INTENT AND APPLICABILITY.

(A) It is the intent of this chapter to improve the level of compliance with existing borough code by establishing a mandatory land use review process and directly providing regulatory information to persons proposing development within the borough outside of the cities of Houston, Palmer, and Wasilla.

(B) This chapter is applicable within all areas of the Matanuska-Susitna Borough outside of the cities of Houston, Palmer, and Wasilla and the Port District, as established in MSB 18.02.020, Boundaries.

(C) There are federal, state, and local requirements governing land use. It is the responsibility of the individual land owners to obtain a determination whether such requirements apply to the development of their land. Any land within the boundaries of the Matanuska-Susitna Borough is subject to land use and development regulations. It is not the intent of this chapter to replace or supersede regulations of other chapters within this title. Additional information and permits, such as flood damage prevention, mobile home park ordinance, conditional uses, and regulation of alcoholic beverages may be required in accordance with the borough code. This title will be amended and updated as necessary when new MSB Title 17 regulations are adopted.

(D) A land use permit is not required where commencement of construction or placement, as defined in MSB 17.125, occurred before the effective date of the ordinance codified in this chapter.

(Ord. 10-108, § 2, 2010; Ord. 07-121, § 2, 2007; Ord. 06-192(AM), § 3 (part), 2007)

17.02.020 LAND USE PERMIT.

(A) The land owner or authorized agent shall obtain a land use permit from the Matanuska-Susitna Borough Planning Department prior to the commencement of:

(1) [Repealed by Ord. 11-073, § 2, 2011]

(2) [Repealed by Ord. 11-073, § 2, 2011]

(3) [Repealed by Ord. 11-073, § 2, 2011]

(4) [Repealed by Ord. 11-073, § 2, 2011]

(5) [Repealed by Ord. 13-025, § 2, 2013]

(6) the construction or placement of any building within 75 feet of any watercourse or waterbody.

(Ord. 13-025, § 2, 2013: Ord. 11-073, § 2, 2011: Ord. 06-192(AM), § 3 (part), 2007)

17.02.030 PROCEDURE.

(A) A complete land use permit application shall be submitted to the planning and land use director on a form provided by the planning and land use department.

(B) A complete land use permit application will contain the following attachments:

(1) a vicinity map; and

(2) a noncertified site plan.

(3) [Repealed by Ord. 11-073, § 3 (part), 2011]

(4) [Repealed by Ord. 11-073, § 3 (part), 2011]

(D) [Repealed by Ord. 11-073, § 3 (part), 2011]

(E) An application fee as established by the assembly, payable to the Matanuska-Susitna Borough, shall be submitted with the application. If more than one land use permit fee is required under this chapter, the applicant shall pay only one fee, whichever is the highest.

(F) A copy of the application shall be retained in the planning and land use department files.

(Ord. 11-073, § 3 (part), 2011: Ord. 06-192(AM), § 3 (part), 2007)

17.02.040 ACTION ON APPLICATIONS.

(A) The planning and land use director or designated staff shall determine whether an application for a land use permit is complete. An incomplete application shall be sent to the applicant with a written explanation of application deficiencies within seven working days of the date the application is received in the planning and land use department.

(B) A driveway permit application may be submitted with a land use permit application. The fee payment can be made concurrently with the land use permit fees. Approved driveway permits will be issued from the department of public works by mail within two weeks from the date a complete application is submitted.

(C) In reviewing a land use permit application, the planning and land use director shall make specific findings explaining how the proposal does or does not conform to the requirements of this title. The planning and land use director also may provide options as to how the proposal may conform to these requirements.

(D) The planning and land use director shall render a decision within ten working days from the date the application is determined complete for applications containing a certified site plan. The director will render a decision within 20 working days from the date the application is determined complete for applications containing a noncertified site plan.

(E) If a decision is not rendered within the allotted review time, the applicant shall be entitled to a complete refund of fees.

(F) The planning and land use director may revoke any permit if the development does not conform to the approved application.

(G) For applications that require exceptional review and analysis due to the complexity of the proposal, the borough and the applicant may enter into an agreement to extend the application review time.

(H) A copy of the approved permit shall be posted on the subject property in a location and manner clearly visible to the public for the duration of the permitted construction activities.

(I) Appeals from a decision granting or denying a land use permit under this chapter shall be filed and conducted in accordance with MSB 15.39.

(Ord. 11-073, § 3 (part), 2011: Ord. 06-192(AM), § 3 (part), 2007)