Chapter 17.05


17.05.010    General interpretation (as used in this title).

17.05.020    “A” definitions.

17.05.030    “B” definitions.

17.05.040    “C” definitions.

17.05.050    “D” definitions.

17.05.060    “E” definitions.

17.05.070    “F” definitions.

17.05.080    “G” definitions.

17.05.090    “H” definitions.

17.05.100    “I” definitions.

17.05.110    “J” definitions.

17.05.120    “K” definitions.

17.05.130    “L” definitions.

17.05.140    “M” definitions.

17.05.150    “N” definitions.

17.05.160    “O” definitions.

17.05.170    “P” definitions.

17.05.180    “Q” definitions.

17.05.190    “R” definitions.

17.05.200    “S” definitions.

17.05.210    “T” definitions.

17.05.220    “U” definitions.

17.05.230    “V” definitions.

17.05.240    “W” definitions.

17.05.250    “X” definitions.

17.05.260    “Y” definitions.

17.05.270    “Z” definitions.

17.05.010 General interpretation (as used in this title).

For purposes of this title the following terms, phrases, words and their derivations shall have the following meanings. [Ord. No. 1785, §1, 2-1-16.]

17.05.020 “A” definitions.

(a)    “Abbreviated plat” means any minor subdivision of a single tract into four or fewer lots with legal and physical access to a public highway or street for each lot so created; that does not require extension of utilities or dedication of a street right-of-way or other area; and that does not require a vacation of a public dedication of land or a variance from a subdivision regulation.

(b)    “As-built survey” means a drawing prepared after the completion of construction in such a manner as to accurately identify and depict the location of all on-site improvements, including but not limited to structures, and showing distances between structures and lot lines, which is stamped by a surveyor licensed by the State of Alaska. [Ord. No. 1785, §1, 2-1-16.]

17.05.030 “B” definitions.

(a)    “Block” means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroads, rights-of-way, shorelines of waterways, or boundary lines of municipalities.

(b)    “Board” means the Ketchikan Gateway Borough planning commission serving as the platting authority.

(c)    “Bond” means a form of surety bond in such amount and form as required and permitted by this title.

(d)    “Borough” means the Ketchikan Gateway Borough, Alaska.

(e)    “Borough clerk” means that person appointed to keep a record of the actions of the borough assembly.

(f)    “Borough engineer” or “engineer of the borough” means a professional engineer licensed to practice within the state of Alaska and designated by the borough manager.

(g)    “Borough planning and zoning clerk” means an employee of the Ketchikan Gateway Borough whose duties include keeping a record of the actions of the planning commission serving as the platting authority and planning commission.

(h)    “Buffer yard” means a unit of land, together with a specified type and amount of planting thereon, and any fences, walls or berms which may be required by the planning commission serving as the platting authority to minimize conflicts between a cluster subdivision and adjoining property. [Ord. No. 1785, §1, 2-1-16.]

17.05.040 “C” definitions.

(a)    “Certificate to plat” means a written analysis of the status of title to real property showing all owners of any legal or equitable interest of record in or to the land to be platted, as well as all grants, reservations, covenants, restrictions, easements, liens and encumbrances of record. It cannot be used to close any real estate transactions or for any future title insurance purposes.

(b)    “City engineer” or “engineer of the city” means a professional engineer licensed to practice within the state of Alaska and designated by the city manager.

(c)    “Commercially marketable natural resources” includes rock and minerals, timber, topsoil, and any other naturally occurring material for which a market demand exists or is reasonably expected to exist.

(d)    “Commission” means the Ketchikan Gateway Borough planning and zoning commission.

(e)    “Comprehensive plan” means that document of text, charts, graphics or maps or any combination thereof designed to portray general long-range proposals and policies regarding the arrangement of land uses which is intended primarily to guide governmental policy toward achievement of orderly and coordinated development of the entire community, provided such document is adopted by ordinance by the legislative body and including any part of such plan separately adopted and any amendment to such plan or parts thereof.

(f)    “Corner lot” means a lot located at the intersection of two or more access rights-of-way or easements. [Ord. No. 1785, §1, 2-1-16.]

17.05.050 “D” definitions.

(a)    “Dedication” means the deliberate appropriation of land by an owner for any public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention of the owner to dedicate such property shall be evidenced by the submission of a final plat showing the dedication thereon, and as provided in AS Title 40.

(b)    “Dwelling, townhouse” means a building designed exclusively for occupancy by one family and containing one dwelling unit, occupying space from the ground to the roof and not lying vertically under or over adjacent units, and attached to a series of two or more, but not exceeding seven additional similar dwelling units, each of which is located on a separate lot, and each of which shares a common wall, located on a side lot line, with another similar dwelling unit.

(c)    “Dwelling, twinhouse” means a building, located on a separate lot, designed exclusively for occupancy by one family and containing one dwelling unit, which is attached by a common wall located on a side lot line to a similar building on an adjacent lot containing one dwelling unit. [Ord. No. 1785, §1, 2-1-16.]

17.05.060 “E” definitions.

(a)    “Easement” means a grant of the use of the land by the owner of the property to the public or to a person or a corporation for specific and designated purposes and includes a right-of-way for such purposes.

(b)    “Error of closure” means the amount by which a closed traverse fails to satisfy the requirements of a true mathematical figure, as the length of line joining the true and computed position of the same point. [Ord. No. 1785, §1, 2-1-16.]

17.05.070 “F” definitions.

(a)    “Final plat” means the final drawing of the proposed subdivision prepared, drawn, and submitted in accordance with the requirements of this title and State law, which shall be deemed to incorporate all the conditions upon which the preliminary plat was approved by the planning commission serving as the platting authority and which, upon approval, is recorded in the Recorder’s Office, Ketchikan Recording District, Ketchikan, Alaska.

(b)    “Flood management area” means those areas designated and depicted as “special flood hazard areas” and “other flood areas” on the official flood insurance rate map (FIRM) of the city of Ketchikan, Alaska, dated April 16, 1990, prepared by the Federal Emergency Management Agency, which flood insurance rate map, and the flood insurance study, are on file in the office of the borough clerk as document No. 90-14 and in the borough department of planning and community development, 1900 First Avenue, Ketchikan, AK 99901, and are available for public inspection and copying and are incorporated herein by reference thereto. [Ord. No. 1785, §1, 2-1-16.]

17.05.080 “G” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.090 “H” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.100 “I” definitions.

(a)    “Improvements” means any construction incident to servicing or furnishing facilities for a subdivision including, but not limited to, grading, streets, street surfacing, curbs, gutters, driveway approaches, sidewalks, crosswalks, water mains and lines, sanitary sewers, culverts, drains, bridges, utilities, and any other items which are appurtenant to construction, or which constitute any part of a physical betterment to real property. [Ord. No. 1785, §1, 2-1-16.]

17.05.110 “J” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.120 “K” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.130 “L” definitions.

(a)    “Lot” means a tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

(b)    “Lot consolidation” means the elimination of interior lot lines between two or more adjoining lots that were created by a single subdivision and not subsequently altered by another plat or by a right-of-way survey or court order.

(c)    “Lot lines” means the fixed boundaries of a lot shown on a preliminary plat or on a final plat. [Ord. No. 1951, §1, 8-2-21; Ord. No. 1785, §1, 2-1-16.]

17.05.140 “M” definitions.

(a)    “Major plat” means a subdivision plat other than a right-of-way plat or a minor plat, but shall include a minor plat which the planning director refers to the planning commission under KGBC 17.30.030(a) for processing as a major plat, or which is appealed to the planning commission under KGBC 17.30.040. Major plats follow the preliminary and final plat process.

(b)    “Minor plat” means an abbreviated plat or a plat alteration, for which improvements prescribed by this title are not required.

(c)    “Monument” means a permanent survey control point. [Ord. No. 1785, §1, 2-1-16.]

17.05.150 “N” definitions.

(a)    “Natural resource extraction” means the extraction and/or processing of commercially marketable natural resources for sale or trade.

(b)    “Natural resource processing” means activities by which extracted natural resources are refined to create a marketable product. In the case of rock, processing includes crushing, screening, and washing. Processing of timber includes trimming branches, bucking to length, and operations typically found in a sawmill. This does not include cutting nonmarketable timber into firewood, or processing other natural resources to be used for development on the property they came from. [Ord. No. 1785, §1, 2-1-16.]

17.05.160 “O” definitions.

(a)    “Official map” means the map established by the planning and zoning commission showing the streets, highways, and parks theretofore laid out, adopted and established by law and any duly adopted amendments thereto, resulting from the approval of subdivision plats by the planning commission serving as the platting authority and the subsequent filing and recording of such approved plats.

(b)    “Owner” means the person or persons, firm, corporation, association, or other legal entity holding title to the land, or vendees under a land sales contract, or holding other title or interest in land whether said interest is equitable, legal, joint, reputed, record, or otherwise. [Ord. No. 1785, §1, 2-1-16.]

17.05.170 “P” definitions.

(a)    “Person” means any natural individual, firm, partnership, association, joint stock company, joint venture, public or private corporation, or a receiver, executor, trustee, conservator or other representative appointed by order of any court or in any other manner.

(b)    “Physical encroachment” means any development, including but not limited to fill, structures, pads, foundations, water tanks, septic systems, standpipes, utility poles and lines, and any other built development that encroaches on or over boundaries or into required yards.

(c)    “Planning official” means that person designated by the borough manager charged with enforcement and administration of this title.

(d)    “Plat alteration” means a movement or elimination of lot lines on a plat.

(e)    “Platting authority” means the Ketchikan Gateway Borough planning commission serving as the platting authority unless another entity is specifically designated. For the review of minor plats, the planning official is the designated platting authority.

(f)    “Preliminary plan” means a plan denoting the improvements to the undeveloped land, such as surface and storm water drainage control; wastewater collection, distribution and treatment; road and street improvements, including gradients, horizontal alignment and typical section of roadway improvements; and other matters required by this title.

(g)    “Preliminary plat” means the preliminary plan drawn in conformance with the requirements of this title and submitted to the planning official and planning commission serving as the platting authority for review as the initial step of a major plat process under Chapter 17.35 KGBC or a right-of-way plat process under Chapter 17.40 KGBC.

(h)    “Private drive” means a private road providing access from a public street or way to a building on abutting grounds.

(i)    “Public utility” means a person, firm, corporation, or municipal or public authority certified as a public utility by the State of Alaska and which provides gas, electricity, water, telephone, telegraph, storm sewers, sanitary sewers, or services of a similar nature. [Ord. No. 1785, §1, 2-1-16.]

17.05.180 “Q” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.190 “R” definitions.

(a)    “Resubdivision” means the redivision of an existing lot, block or tract of land in a previously recorded subdivision or legally recorded plan involving a change in property lines or a change in the area of one or more lots, blocks or tracts but shall not include the vacation of a public right-of-way or public area.

(b)    “Right-of-way” means an area acquired, dedicated, granted or conveyed for the development of transportation facilities.

(c)    “Right-of-way plat” means a plat prepared by a government agency for an area acquired, dedicated, granted, or conveyed, whether in fee or easement, to or by a government body for the development of transportation facilities. A right-of-way plat is processed in accordance with Chapter 17.40 KGBC. [Ord. No. 1785, §1, 2-1-16.]

17.05.200 “S” definitions.

(a)    “Sidewalk” means an improved surface within a public right-of-way intended for pedestrian circulation.

(b)    “Site development” means extraction of commercially marketable natural resources for the stated purpose of preparing land for improvements such as buildings, structures, roads, driveways and parking areas, and the like. Natural resource processing is not included in site development.

(c)    “Site development plan” means a combination of maps, drawings, and narrative descriptions that provide the administrative official or planning commission with sufficient information to determine the impact natural resource extraction or site development will have on the surrounding neighborhood, and to identify conditions reasonably designed to permit the desired development while mitigating adverse impacts on other properties in the area.

(d)    “Street” means an improved roadway within a public right-of-way or easement intended for vehicular and pedestrian access whether designated as a street, highway, thoroughfare, parkway, road, roadway, avenue, boulevard, lane, place or however otherwise designated.

(1)    “Alley” is a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(2)    “Arterial street” means a fast, or heavy-traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

(3)    “Collector street” means a street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

(4)    “Cul-de-sac” means a short minor street having one end permanently terminating in and including a vehicular turning area.

(5)    “Local street” means a street used primarily for access to property abutting the public right-of-way.

(e)    “Subdivider” means any person, group, corporation, municipality, or other entity acting as a unit, or any agent thereof, dividing or proposing to divide lands so as to constitute a subdivision as defined herein.

(f)    “Subdivision” means the division of a tract or parcel of land into two or more lots, sites or other divisions for the purpose, whether immediate or future, of sale, or other conveyance or development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or areas subdivided, or if a new street is involved, any division of a parcel of land. A designation of boundaries of a portion of a lot or tract for the purpose of a lease is not a subdivision.

(g)    “Subdivision, phased” means an approved preliminary plat that is presented for final approval in increments or sections.

(h)    “Submission date” means the date on which a proposed preliminary or final plat is received by the planning department.

(i)    “Surveyor” means a registered professional surveyor licensed by the State of Alaska. [Ord. No. 1785, §1, 2-1-16.]

17.05.210 “T” definitions.

(a)    “Thread of a stream” means the line equidistant from the edge of the water on the two sides of the stream at ordinary low water.

(b)    “Tidelands” means land seaward of the line of mean high tide.

(c)    “Topographic map” means a plat of the surveyed subdivision or property showing the contours of the ground.

(d)    “Tract” means an area of land within a subdivision which has been defined, but has not been designated by lot and block numbers. [Ord. No. 1785, §1, 2-1-16.]

17.05.220 “U” definitions.

(a)    “Utility improvements” means any installation of water systems, sewage treatment or disposal systems, or electric power and telephone lines. [Ord. No. 1785, §1, 2-1-16.]

17.05.230 “V” definitions.

(a)    “Vacation” means the act of making legally void any street, right-of-way, easement, public area or other area in which the public has an interest. [Ord. No. 1785, §1, 2-1-16.]

17.05.240 “W” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.250 “X” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.260 “Y” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]

17.05.270 “Z” definitions.

Reserved. [Ord. No. 1785, §1, 2-1-16.]