Chapter 13.16
SEWER AND WATER IMPROVEMENTS

Sections:

13.16.010    Purpose.

13.16.015    Responsibility for plans.

13.16.020    Required public improvements.

13.16.025    Water supply system.

13.16.030    Sanitary sewer system.

13.16.035    Guarantee of completion.

13.16.040    Variances authorized.

13.16.010 Purpose.

The purpose of this chapter is to establish and define the improvements which will be required under agreement to be constructed by the subdivider as conditions for final plan approval, to delineate those areas within the city which will require a specific degree of improvement to be accomplished, and to outline the procedures and responsibilities of the subdivider and the appropriate public officials and agencies concerned with the administering, planning, designing, constructing and financing of public facilities, and to further establish procedures for assuring compliance with these requirements. (Ord. 254 § 3, 1982)

13.16.015 Responsibility for plans.

It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer a complete set of construction plans, when deemed necessary by the city manager. They shall include profiles, cross-sections, specifications and other supporting data for the hereinafter required public utilities. (Ord. 254 § 3, 1982)

13.16.020 Required public improvements.

Every subdivider shall be responsible for the installation of improvements in accordance with the conditions and specifications outlined in PMC 13.16.025 and 13.16.030 and as specified in PMC 13.16.035. All standards and specifications that are referred to in this chapter and which fall under the jurisdiction of the council must be ratified by the council by resolution. (Ord. 254 § 3, 1982)

13.16.025 Water supply system.

When a proposed subdivision is to be serviced by the city water system, such system shall be provided by the subdivider to standards established by the State of Alaska Department of Environmental Conservation. Fire hydrants shall be provided to standards established by the American Waterworks Association. Upon acceptance all easements and sewer improvements associated with such a sewage system shall be dedicated to and accepted by the city for administration, operation and maintenance. No proprietary rights of any type or description shall be retained by the developer or owner of the subdivision.

Subject to PMC 13.08.030, when each lot within a proposed subdivision has an area of 20,000 square feet or more, connection to the city water system is not required, provided the developer proves to the city manager that the Alaska Department of Environmental Conservation has approved on-site water supply systems for each lot. (Ord. 578 § 5, 2001; Ord. 254 § 3, 1982)

13.16.030 Sanitary sewer system.

When a proposed subdivision is to be served by the city sanitary sewer system, sanitary sewers and other required appurtenances thereon shall be provided by the subdivider. Sewer systems shall comply with the requirements of the department of public works. Connection to the public sanitary sewer system shall be required. Upon acceptance all easements and sewer improvements associated with such a sewage system shall be dedicated to and accepted by the city for administration, operation and maintenance. No proprietary rights of any type or description shall be retained by the developer or owner of the subdivision.

Subject to PMC 13.08.030, when each lot within a proposed subdivision has an area of 20,000 square feet or more, connection to the city sewer system is not required, provided the developer proves to the city manager that the Alaska Department of Environmental Conservation has approved on-site wastewater supply systems for each lot. (Ord. 578 § 5, 2001; Ord. 254 § 3, 1982)

13.16.035 Guarantee of completion.

For any subdivision requiring public improvements, the subdivider shall enter into a water and sewer agreement with the city. Such water and sewer agreement shall be written to cover one or a combination of the following alternatives available to the subdivider:

A. The subdivider may elect to complete all required improvements and facilities prior to approval and recording of the final plat. If this is done, a sewer and water agreement, delineating the construction and inspection requirements of the appropriate governmental agency, shall be entered into prior to commencement of construction.

B. The subdivider may elect to complete required improvements and facilities after approval and recording of the final plat. In this event, the water and sewer agreement accompanying the final plat shall delineate:

1. The construction and inspection requirements of the appropriate governmental agency;

2. The time schedule for completion of required improvements and facilities; and

3. A method of ensuring that such improvements shall be completed to the specifications required and in the time schedule agreed upon. Such method may be performance bond, escrow deposit, letter of credit or deed of trust. (Ord. 254 § 3, 1982)

13.16.040 Variances authorized.

The city council may grant a variance from the provisions of these regulations in accordance with the procedures as set forth upon finding that undue hardship may result from strict compliance with specific provisions or that the requirements of these regulations or the application of such provisions is impractical or undesirable in a specific instance. The city council shall only grant variances that it deems necessary, or which it finds desirable from the standpoint of public interest. In making its findings, as required in this action, the city council shall take into account the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon conditions in the vicinity. No variance shall be granted unless the city council finds the following:

A. That there are such special circumstances or conditions affecting said property that the strict application of the provisions of this chapter would clearly be impractical, unreasonable or undesirable to the general public. In such cases, the subdivider shall first state his reasons in writing to the specific provision or requirement involved and submit them to the city council.

B. That the granting of the specific variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.

C. That such variance will not have the effect of nullifying the intent and purpose of this title or the comprehensive plan.

D. The city council shall include its findings and the specific reasons for its action and shall also record its reasons and actions in its minutes. (Ord. 254 § 3, 1982)