CHAPTER 43.10: PLATTING BOARD
Section
43.10.010 Board established; delegation
43.10.015 Composition, appointment, and qualifications
43.10.050 Action on application or appeal
43.10.055 Conflict of interest; ex parte contact
43.10.060 Platting authority procedure
43.10.065 Notice; public hearing
43.10.010 BOARD ESTABLISHED; DELEGATION.
(A) There is established a platting board which, pursuant to A.S. 29.40.080, is delegated the platting function of the borough. The platting board shall hear and decide applications for approval of preliminary plats, variances, public use easements, plat note amendments, and vacations of public interest in accordance with this title.
(Ord. 16-018, § 4, 2016: Ord. 11-072, § 3 (part), 2012)
43.10.015 COMPOSITION, APPOINTMENT, AND QUALIFICATIONS.
(A) The platting board shall consist of seven members with two additional at-large alternates.
(B) The mayor shall appoint board members subject to assembly confirmation. Representation from as many assembly districts as is feasible shall be sought on the board.
(C) Each board member shall be a registered voter of the borough.
(Ord. 11-072, § 3 (part), 2012)
43.10.020 TERM.
(A) A board member’s term shall be three years, with staggered expiration dates. An unexpired term that began before the effective date of the ordinance codified in this title shall continue until the time for its expiration under the law in effect when the term began. A board member’s term shall be governed by MSB 4.05.050.
(Ord. 11-072, § 3 (part), 2012)
43.10.025 VACANCIES.
(A) A vacancy on the board shall be filled as provided in MSB 43.10.015 for the remainder of the term of the former member.
(B) A vacancy occurs as provided in MSB 4.05.030(B).
(Ord. 11-072, § 3 (part), 2012)
43.10.030 COMPENSATION.
(A) Board members shall be compensated at a rate of $100 per meeting for regular and special meetings, not to exceed four meetings in a calendar month. All requests for reimbursement shall be for actual expenses incurred on authorized board business.
(Ord. 21-112, § 3, 2021; Ord. 15-036, § 3, 2015: Ord. 11-072, § 3 (part), 2012)
43.10.035 OFFICERS.
(A) The board annually shall select from its membership a chairperson and vice-chairperson. The chairperson shall preside at meetings of the board and shall represent the board as directed by its membership. The vice-chairperson shall act in the absence of the chairperson. The platting officer shall act as secretary to the board.
(Ord. 11-072, § 3 (part), 2012)
43.10.036 SEAL.
(A) The board shall adopt a seal of two concentric circles within which appear the words “Matanuska-Susitna Borough Platting Board,” “Seal,” and “State of Alaska.” It shall be retained in the custody of the platting officer.
(Ord. 11-072, § 3 (part), 2012)
43.10.037 STAFF ASSISTANCE.
(A) The platting board shall be assisted by the platting officer and the platting officer’s staff.
(Ord. 11-072, § 3 (part), 2012)
43.10.040 MEETINGS; QUORUM.
(A) The platting board shall hold a regular meeting twice a month. The chairperson or three board members may call a special meeting of the board.
(B) A majority of the authorized membership of the board constitutes a quorum. All board actions shall be by vote of a majority of the board’s authorized membership who are qualified to vote on the question under MSB 43.10.055.
(Ord. 11-072, § 3 (part), 2012)
43.10.045 RULE OF PROCEDURE.
(A) The board may, by resolution, adopt its own written rules of procedure, consistent with this title, governing the conduct of its proceedings. In all matters of procedure not governed by such rules or this title, the current edition of Robert’s Rules of Order, Newly Revised, shall govern.
(Ord. 11-072, § 3 (part), 2012)
43.10.050 ACTION ON APPLICATION OR APPEAL.
(A) The board shall take formal action by voting on an application or to grant an appeal from the platting officer’s decision. The board’s decision shall be recorded in a notice prepared by the secretary to the board. The notice shall include separate finding of fact supporting the decision, based upon the facts presented to the board and the board’s debate on the matter. A notice is adopted as a decision of the board when it is signed by the chairperson, or the board’s authorized representative if the chairperson is not available.
(Ord. 17-033, § 6, 2017: Ord. 15-036, § 4, 2015: Ord. 11-072, § 3 (part), 2012)
43.10.055 CONFLICT OF INTEREST; EX PARTE CONTACT.
(A) A board member shall not participate in deliberation or vote on a question if:
(1) the board member or a member of the board member’s immediate family has a substantial financial interest in any property affected by the decision; and
(2) the board member or a member of the board member’s immediate family could foreseeably profit in any material way through a favorable or unfavorable decision.
(B) Board members shall be impartial in all administrative decisions, both in fact and in appearance. No board member may receive or otherwise engage in ex parte contact with the applicant or appellant, or other parties interested in the application or appeal, or members of the public, concerning the application or appeal or issues presented in an application or notice of appeal, either before the hearing or during any period of time the matter is submitted for decision or subject to reconsideration.
(Ord. 11-072, § 3 (part), 2012)
43.10.060 PLATTING AUTHORITY PROCEDURE.
(A) The platting board shall act on an application for preliminary plat, variance, public use easement, plat note amendment, elimination or modification of platted utility, drainage, sanitation, slope, snow storage, buffer, and screening easements, or vacation of public interest only after holding a public hearing on the application. The platting board shall hear applications for vacations at the hearing on the preliminary plat to which they pertain if an application for plat approval has been filed or is required. The platting board shall consider any preliminary or final plat affected by the vacation of public interest.
(B) The platting authority shall, within 60 days of the submission of an application for preliminary plat approval, approve or disapprove the preliminary plat or return it to the applicant for modification or correction. If the platting authority fails to act within a 60-day period, the preliminary plat shall be considered approved and a certificate of approval shall be issued on demand, unless the applicant consents to an extension of the 60-day period. An application for preliminary plat approval is submitted to the platting authority when it is submitted in proper form in accordance with MSB 43.15.016.
(C) The platting authority shall approve an application after finding that the application conforms to the standards set forth in this title and other applicable statutes and ordinances. The findings of the platting authority shall be set forth in the notice approving or disapproving the application.
(D) The platting authority may approve an application subject to conditions that it finds necessary to implement the purposes of this title. The conditions shall be set forth in the motion and notice approving the application.
(E) Unless the conditions of approval resolve the violation, the platting authority shall not approve an application where it finds a violation exists on the property that is the subject of the application:
(1) of this title;
(2) of any condition of approval of a variance;
(3) of a subdivision plat;
(4) of any other land use entitlement granted under this title;
(5) of the terms of any other agreement with the borough;
(6) except where multiple violations exist and the platting action is remedying one or more of these violations.
(F) Written notification of platting authority’s decision approving or disapproving an application shall be mailed to the applicant within ten days of the platting authority meeting at which the decision was made. If the application is approved, a final plat or a resolution setting forth the decision of the platting authority shall be filed with the district recorder after all conditions of approval have been met. The failure of any person to receive any notice required under this section, where borough records indicate the notice was mailed, shall not affect the validity of any proceeding under this title.
(Ord. 22-103, § 2, 2022; Ord. 17-033 §§ 7, 8, 41, 2017; Ord. 16-018, § 5, 2016; Ord. 15-036, § 5, 2015: Ord. 11-072, § 3 (part), 2012)
43.10.065 NOTICE; PUBLIC HEARING.
(A) Notice of any public hearing required under this title shall be given in accordance with this section.
(B) Forms of notice are as follows:
(1) publication in a newspaper of general circulation in the borough one week prior to the public hearing.
(2) notices shall be mailed at least 21 days before the public hearing to:
(a) all record owners of property within a minimum distance of 1,200 feet of the exterior boundary of the property that is the subject of the application, or to the record owners of at least the five tax parcels nearest the property that is the subject of the application, whichever is the greater number of parcels; and
(b) if the property described in the application lies within a recorded subdivision, to all record owners within that subdivision.
(c) Exception for abbreviated plats, right-of-way acquisition maps, or waivers. Public notices shall be mailed to all record owners of property within a minimum distance of 600 feet of the exterior boundary of the property that is the subject of the application, or to the record owners of at least the five tax parcels nearest the property that is the subject of the application, whichever is the greater number of parcels.
(i) Mailing notices to all record owners within a recorded subdivision is not a requirement for public hearings involving abbreviated plats, right-of-way acquisition maps, or waivers.
(d) All notices shall be mailed to the record owner at the address stated in the current property tax record of the borough assessor.
(3) When the property that is the subject of an application lies within the boundaries of a community council recognized by the assembly, notice shall be mailed to the community council at least 21 days before the public hearing.
(4) The platting officer or the planning and land use director may direct that additional notice of the public hearing be given. The platting board, at its discretion, may also direct additional notice of the public hearing be given. However, the failure to give additional notice shall not affect the validity of any proceeding under this title.
(C) Every notice required by this section shall state the date, time, and location of the public hearing, a description of the action requested, a description of the property that is the subject of the application, the names of the applicants, and owners of the subject property.
(D) From the time of filing an application or an appeal until the time of the hearing on the application, the application or appeal, together with all plans, data, and other supporting material, shall be available for public inspection at the platting division.
(E) The failure of any person to receive any notice required under this section, where the records of the borough indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this title.
(F) Notice of vacation of a public right-of-way which has been approved and recommended by the platting board shall be sent to the public body having the jurisdiction to approve or veto the vacation. The public body shall make their finding within 30 days to approve or veto the platting board action or the action of the platting board shall automatically be approved.
(G) Notice of right-of-way, public use easement, section line easement, or RS-2477 easement vacation requests shall be posted and maintained by the applicant 30 days prior to the public hearing. The notices shall state the date, time, and place of the public hearing and be located in a manner clearly visible to the public. These notices must be posted along the boundary of the property at all common points of access to that portion of the easement or right-of-way that is subject of the application. The notices shall be in the format approved by the platting officer. The applicant shall submit an affidavit verifying that this posting has been made.
(Ord. 22-103, § 3, 2022; Ord. 16-018, § 6, 2016; Ord. 15-036, § 6, 2015: Ord. 11-072, § 3 (part), 2012)