Chapter 18.20
SUBDIVISION REGULATIONS1
Sections:
18.20.020 Purpose of provisions.
18.20.030 Jurisdiction of provisions and commission.
18.20.070 Survey and monuments.
18.20.100 Streets, lots and blocks.
18.20.110 Pedestrian ways required.
18.20.140 Lots--Access to street.
18.20.150 Lots--Side line requirements.
18.20.160 Lots--Double frontage prohibited when.
18.20.190 Clearing and grading permit.
18.20.010 Title.
The ordinance codified in this chapter shall be known and cited as the "Subdivision Regulations of the Bristol Bay Borough." (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.020 Purpose of provisions.
The purpose of this chapter is to promote an adequate and efficient division of land, street and road systems, provide utility easements, provide minimum standards of survey accuracy, and proper preparation of plats to protect and improve the health, safety, and general welfare of the public. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.030 Jurisdiction of provisions and commission.
A. This chapter shall govern subdivision of all land within the borough. No subdivision plat shall be recorded unless approved by the planning commission. If any subdivision not approved by the planning commission is tendered by deed or plat for recordation, the subdivider shall be deemed guilty of a misdemeanor.
B. The borough may request judicial action enjoining the conveyance or attempted conveyance of any tract or parcel of land that contravene this chapter.
C. No person or his agent shall transfer, sell or enter into a contract to sell lots, tracts, parcels, or other divisions of land which must be subdivided under this chapter until an approved final plat has been recorded. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.040 Compliance.
Every subdivision must comply with the requirements of this chapter and any other applicable laws of the borough or other governmental entities. No person, firm, corporation, or other entity may divide land except in compliance with these regulations. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.050 Definitions.
1. "Aliquot part" means a rectangular portion of a section created by midpoint protraction as defined by the "Manual of Surveying Instructions 1973," U.S. Department of Interior, Bureau of Land Management.
2. "Block" means a parcel of land entirely surrounded by public streets, streams, rights-of-way, and parks, etc., or a combination thereof.
3. "Cul-de-sac" means a short dead end street having a vehicular turnaround.
4. "Date of receipt" means the agenda cutoff date, immediately following the time of plat submittal, as established by resolution of the planning commission.
5. "Easement" means the right to use another person's land for a stated purpose. It can involve a general or specific portion of the property.
6. "Lot" means the smallest portion of a subdivision, constituting a single parcel, division or piece of land intended for building development or conveyance as a single unit.
7. "Lot depth" means the average distance from street right-of-way to the rear lot line, which is the lot line opposite and most distant from said street right-of-way.
8. "Lot width" means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lines.
9. "Monument" means a point marked on the surface of the earth for commencing or controlling a survey.
10. "Planning specialist" means the principal executive officer of the department of planning.
11. "Planning commission" means the Bristol Bay Borough planning commission as established in Chapter 2.28 and acting as the platting board as established in Section 2.28.150(C).
12. "Right-of-way" means a type of easement that gives someone the right to travel across property owned by another person.
13. "Street" is a general term used to describe a right-of-way serving as a means of vehicular and pedestrian travel, also furnishing spaces for sewers, public utilities and vegetation; it includes avenues, boulevards, roads, lanes, and other ways. Streets are classified as follows:
a. Arterial streets provide access to business, commercial, industrial and residential areas.
b. Marginal access streets serve through traffic although some may also serve to provide a limited amount of access.
c. Collector streets connect to arterial streets and provide access to residential areas.
d. Cul-de-sac streets serve no through traffic and are closed permanently at one end.
14. "Subdivider" means any person, group, corporation 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.
15. "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 building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or areas subdivided.
16. "Surveyor" means any person licensed to practice land surveying in the state of Alaska. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.060 Plat requirements.
A. Preliminary Plats. The subdivider must prepare a preliminary plat of his proposed subdivision which shall comply with pertinent requirements as shown in subsections (A)(1) through (16) of this section. The preliminary plat must show the following information:
1. Name of the subdivision;
2. Legal description and location;
3. The name and address of owner and/or subdivider and the name of the engineer or land surveyor;
4. The horizontal scale shall be large enough to accurately show the subdivision plan;
5. Date and north point;
6. The locations, width, and names of all existing or platted streets or other public ways within or adjacent to the tracts, existing permanent buildings, and other important features such as section lines and political subdivision lines;
7. All parcels of land intended to be dedicated for public use or reserved in the deeds for the uses of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of the reservations, if any;
8. The lot, numbers, and approximate dimensions of proposed lots;
9. The width of proposed streets and alleys and existing and proposed sewer, drainage, public utility and other easements within the subdivision;
10. Space for approval of the platting board with additional space for date and seal;
11. Existing natural watercourses, culverts, or other underground structures within the tract and immediately adjacent thereto. Existing pole lines should also be indicated;
12. The names of adjacent subdivisions, or an indication that the adjacent land is not subdivided;
13. A vicinity sketch or key map must be indented on or accompanying the preliminary plat indicating the relative location of the proposed subdivision, the principal road systems and section lines;
14. The approximate distance and bearings of all lot lines;
15. An indication of wetlands or other topographical features which would render certain portions of the subdivision unsuitable for development;
16. Utility Easements. Public utilities shall be provided with a copy of the preliminary plat by the planning director and be invited to design utility easements. Design by the utility company shall be provided on the final plat unless the board determines other utility easement design is preferred.
B. Final Plat Requirements.
1. The final plat submission must conform substantially to the preliminary plat as approved by the board and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that the portion conforms to all requirements of this section.
2. The final plat shall be submitted within one year after the approval of the preliminary plat, otherwise the approval of the preliminary plat shall be null and void unless an extension of time is granted by the board.
3. To receive consideration at the next regular meeting of the board, the final plat must be filed with the planning department not less than five days prior to the regularly scheduled meeting.
4. The final plat shall be submitted to the board on Mylar with a minimum thickness of 0.004 mils in permanent black ink. All lettering on the plat must be in appropriate black ink and be accomplished with mechanical lettering equipment. The final plat shall be submitted together with three prints and other information that may be required by the board.
5. The final plat shall be drawn to scale of one inch to one hundred feet or less on sheets of one of the following sizes:
a. Eighteen inches by twenty-four inches; or
b. Twenty-four inches by thirty-six inches; or
c. Thirty inches by thirty-six inches.
These are overall dimensions. If more than one sheet is required, an index shall be filed showing the entire subdivision with the sheets in numerical order and each sheet showing the total number (i.e., sheet one of three). When more than one sheet is submitted, all sheets shall be of the same size.
6. The board shall approve or disapprove the plat of subdivision or dedication within sixty days after submittal, or shall return the plat to the applicant for modification or correction within sixty days from the submittal. The reason for disapproval of any plat shall be stated upon the record of the board and the applicant advised of the disapproval in writing.
7. Upon approval of the final plat, the platting board, the applicant, or his designee shall present the original plat for signature of the planning director and board chairman within one week of the approved date.
8. The final plat may be approved by the planning director or his designee when the final plat meets the conditions of the board's approval and complies with the following requirements:
a. Dedication of Land for Nonpublic Use. No parcel or parcels of land within a subdivision may be dedicated as parks or other recreational areas whose use is restricted to the owners of parcels within the subdivision or their guests, unless the subdivider obtains from the borough assessor a certificate attesting that satisfactory arrangements have been made for the payment of real property taxes on the parcel to be dedicated. No dedication of restricted use land, such as parks, access strips, or other recreational parcels may be made to the borough or to any other tax-exempt governmental entity.
b. Dedication of Public Use Lanes. Any land shown on a plat as an open-to-public-use park or other public area must be dedicated on the final plat to a tax-exempt governmental entity. Any dedication on the plat of an open-to-public-use park, recreational, or other area will be deemed an irrevocable offer of the subject land for the dedicated purpose. The planning commission may disapprove or reject any such dedication but acceptance of the plat shall not constitute final acceptance of any irrevocable offer to dedicate the lane. The borough shall not be deemed to be the owner of any such dedicated lands until the borough assembly specifically accepts ownership of the dedicated lands.
c. Improvements--Installation Agreement Required. No final plat of a subdivision shall be recorded prior to compliance with any ordinance concerning the installation of improvements. Evidence of such compliance shall be provided by the subdivider in the form of a written statement from the appropriate official that improvements required by ordinance are or will be installed. Such evidence of compliance shall be a part of the final plat submission and the time for action by the commission is required shall not commence until the evidence is submitted.
d. Reversion of Acreage. Statement required when plats filed for the purpose of reverting subdivided land to acreage shall be conspicuously designated "THE PURPOSE OF THIS PLAT IS A REVERSION TO ACREAGE."
e. Dimensional Data Required. Show the bearing and length of every lot line, block line, curve radius, and boundary line. Dimensions of lots shall be given as net dimensions to the boundaries of adjoining streets and shall be shown in feet. No ditto marks shall be used. Bearings and distances of straight lines and data sufficient to re-compute each curve shall be shown.
f. Accuracy of Measurement. All linear measurements shall be shown to the nearest one-hundredth of a foot, and angular measurements shall be at least to the nearest second. All lot areas shall be shown as to the nearest ten square feet or to the nearest one-thousandth of total acres. All boundary closures shall be to a minimum accuracy of one to five thousand.
g. Boundary of the Subdivision. The boundary of the subdivision shall be designated by a thicker line and shall not interfere with the legibility of figures or other data.
h. Block and Lot Numbering. Blocks, and lots within each block, shall be numbered consecutively or all lots shall be numbered consecutively. If possible, each block should be shown entirely on one sheet. Each lot shall be shown entirely on one sheet.
i. Easements. The plat shall clearly show the location, width and use of all easements. The easements must be clearly labeled and identified and if already of record, the recorded reference given. If easements are being granted by the plat they shall be properly set out in the owner's certification of dedication.
j. Other Data Required by Law.
i. The plat shall show all other data that is required on the plat by statute or ordinance.
ii. The plat shall show the tax ownership of all parcels of land which are for common private usage.
iii. Private covenants and restrictions of record in effect at the time the final plat is approved shall be referenced on the plat.
k. If this subdivision has been approved by the Alaska Department of Environmental Conservation (D.E.C.) then a noting stating so, with the appropriate signature, must be shown on the plat. If D.E.C. has not reviewed the subdivision, then the following note must appear on the plat:
Soils on these lots may or may not be suitable for conventional on-site waste disposal systems. No person may construct, install, maintain or operate a pressurized water system or a water-borne waste disposal system unless approval of the Alaska Department of Environmental Conservation is obtained.
(Ord. 2008-06 §3(part), 2008: Ord. 96-6 §2(part), 1996; Ord. 88-4 §1(part), 1988).
18.20.070 Survey and monuments.
A. All subdivisions shall be surveyed.
B. The subdivision of sections into aliquot parts, the subdivision of aliquot parts and restoration of lost corners shall be performed in accordance with the U.S. Bureau of Land Management 1973 Manual of Surveying Instructions unless the historical survey record indicates otherwise. When a center one-quarter corner must be determined it shall be set. A minimum survey accuracy of one to five thousand is required. Monuments shall be set in a professional manner.
C. All corners and monuments found and set shall be shown, and described on the plat with the following information: date set, type of monument and surveyor.
D. All monuments of record disturbed or destroyed shall be remonumented or reference-monumented as appropriate. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.080 Monuments.
A. Monuments shall consist of either a brass cap two and one-half inches in diameter permanently fastened to a five-eighths-inch rod at least thirty inches long or an aluminum cap and rod having the same dimensions. The rod shall be thoroughly tamped when set. Monuments set in untraveled areas should have the brass cap from two to six inches above the ground. Markers may be placed in roadways or traveled ways. Where markers are placed in roadways or traveled ways, there should be at least two reference monuments set one hundred eighty degrees apart and equal distance from marker. When reference monuments are set the marker need only consist of a one-half-inch iron rod at least two feet long and driven well below the traveled surface. Reference monuments should be placed on property lines and outside of graded areas. If the grading is liable to extend to or beyond the property line, then the reference monument shall be placed behind or beyond the property line.
B. Every subdivision shall have at least two monuments. In this section the words "monument" and "marker" are synonymous. It is desirable but not mandatory that monuments be set at all exterior angle points in a subdivision. An iron rod five-eighths of an inch by thirty inches shall be set in a manner similar to that described in subsection A of this section, at all exterior angle points which are not monumented. The line of sight between adjacent monuments shall be unobstructed. The distance between adjacent monuments may not exceed one thousand three hundred twenty feet from a monument. All monuments shall be tied to the subdivision lines. All lot corners shall be marked with iron rod.
C. Reference monuments are not buried, but set flush with the ground. Monuments of particular importance should be set in concrete. The exact transit point should be shown on the monument by a punch mark. Reference monuments should be similarly marked. Each monument shall be clearly lettered or numbered by stamping with steel dies so that it may be easily identified in the field. The letters or numbers shown on the monument shall also be delineated on the plat. Where monuments or reference monuments are located on the exterior lines of a subdivision, the name or initials of the subdivision shall be shown. The surveyor may add other pertinent information such as his initials or registration number.
D. Monument Record.
1. A land surveyor who in the course of a survey establishes, reestablishes, uses as control, or restores a monument to make it readily identifiable or reasonably durable shall file a monument record, unless the monument and its accessories are substantially as described in a monument record filed under AS Title 34, Section 34.65.040 or on a survey of record.
2. An agency whose activities will disturb or destroy a monument or its accessories shall have a land surveyor:
a. File a monument record before the monument is disturbed or destroyed;
b. Restore or replace the monument and its accessories after the activities have ceased; and
c. File a new monument record after restoring or replacing the monument or its accessories.
3. A person who disturbs or destroys a monument shall file a notice of the disturbance or destruction in the office of the district recorder.
4. A land surveyor may file a monument record for any monument.
5. A land surveyor who is required to file a monument record under this section shall do so within ninety days of the completion of the survey of the establishment, reestablishment, or rehabilitation of a monument.
6. A monument record shall be signed and sealed by the land surveyor responsible for the survey. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988).
18.20.090 General provisions.
In addition to the requirements set forth in Sections 18.20.060 through 18.20.080, there shall also be indicated on the final plat the following information:
A. True bearings and distances to the nearest established street lines and official G.L.O. or B.L.M. monuments which shall be accurately described and delineated;
B. The boundary line with accurate distance and bearings, the exact location and width of all existing or recorded streets intersecting the boundary of the tract;
C. The outline of the property which is offered by dedication for public use with the purposes indicated thereon, and of the property that may be reserved by deed of covenant for the common use of the property owners in the subdivision;
D. All plat restrictions;
E. All lots in each block shall be numbered in a simple consecutive manner which will be easy to follow. If there are two or more blocks in a subdivision, they shall be numbered similarly. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.100).
18.20.100 Streets, lots and blocks.
A. Streets. The street system shall be devised for the most advantageous developments of the entire neighborhood area.
1. Principal. Principal streets in adjoining subdivisions shall be continued and shall be at least equal width. Street jogs shall be avoided wherever possible. The street system shall provide for the future projection of the principal streets into adjoining unsubdivided lands.
2. Tract Requirements. When a tract fronting on a major road for a distance of five hundred feet or more and an average depth from the major road of more than three hundred fifty feet is to be subdivided into more than eight residential lots, the board may require the residential lots adjoining the major roads to be provided with frontage on a secondary or interior street.
3. Residential. Residential streets shall be so laid out that their use by through traffic will be discouraged.
4. Plat Coverage. Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective future streets and utility system of the submitted part shall be considered in the light of proposed plans for the entire area.
5. Intersections of Residential Streets. There shall be a minimum number of intersections of residential streets with arterial streets or major streets.
6. Alleys. Alleys may be required to the rear of all lots used for business purposes and may not be provided in residential blocks, except where the subdivider produces evidence satisfactory to the board of the need for the alleys.
7. Cul-de-Sacs. Streets designed to have one end permanently closed. Cul-de-sacs may not be more than four hundred feet long and shall be provided at the closed end with a suitable turnaround with a minimum radius of sixty feet to the property line.
8. Half Streets. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted or dedicated.
9. Clear Visibility. Clear visibility measured along the centerline shall be provided for at least six hundred feet on the arterial streets; four hundred feet on collector streets; and at least two hundred feet on all other streets.
10. Right-of-Way Width. The minimum right-of-way width of proposed streets is as follows:
|
Arterial streets |
100 feet |
|
Collector streets |
60 feet |
|
Marginal access streets |
50 feet |
|
Cul-de-sacs |
50 feet |
11. Intersections--Right Angles. Street intersections shall be as nearly at right angles as possible, and no intersection may be at an angle of less than forty-five degrees.
12. Flat Grades. Flat grades are preferred from fifty to one hundred feet away from an intersection, but in no case may grades exceed four percent for a distance of at least fifty feet from all intersections.
13. Subdivision Roads. Subdivision roads development may not be accepted by the borough until roads are brought up to borough standards.
14. Approved Road System. All subdivisions must have access to an approved road system, or an alternative approved by the platting board.
15. Names. Streets shall be named in such a manner as to conform to adjacent areas and particular attention shall be given to avoid duplication; streets that are continuations of others already in existence shall bear the names of existing streets.
16. Property Lines. Property lines at street intersections shall be rounded with a radius of at least fifteen feet.
B. Blocks--Generally. The length, width and shapes of blocks shall be determined with due regard to the special needs of the type of use contemplated, to needs for convenient access and circulation, to topography, to conservation of the building site, and the following regulations:
1. Width Requirements. Blocks shall be wide enough to allow two tiers of lots of minimum depth except where fronting on major streets or prevented by topographical conditions or size of the property, in which case the board may approve a single tier of lots of minimum depth.
2. Residential Use. Blocks planned for residential use should not exceed eight hundred feet nor be less than four hundred feet in length.
3. Business Use. Blocks planned for business use should not exceed six hundred feet nor be less than three hundred feet in length. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.110).
18.20.110 Pedestrian ways required.
Pedestrian ways not less than eight feet wide shall be required in blocks longer than six hundred feet where reasonably deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.120).
18.20.120 Lots--Dimensions.
The size and shape of lots shall be such as to provide usable sites appropriate for the locality in which the subdivision is located and in conformance with the requirements of any zoning ordinance and effective for the area in which the proposed subdivision is located. Lots shall not be less than sixty feet wide on the building setback line. The average depth of a lot shall be no greater than three times its average width. (Ord. 2008-06 §3(part), 2008: Ord. 96-6 §2(part), 1996: Ord. 88-4 §1(part), 1988. Formerly 18.20.130).
18.20.130 Lots--Minimum size.
Lots must be designed to meet the following area requirements:
A. Lots shall contain not less than seven thousand square feet if served by public sewer and water.
B. Lots shall contain not less than forty thousand square feet if both the well and sewage disposal are to be provided on the lot unless it can be demonstrated to the satisfaction of the commission that a smaller lot size is adequate for the safe location and operation of an on-site well and sewage disposal system.
C. Lots served by either State Department of Environmental Conservation-approved community water or sanitary sewer systems may reduce their lot sizes to twenty thousand square feet.
D. Subdivisions designed to be served with public sewer and water systems but not yet served by such systems may be permitted to contain lots of less than forty thousand square feet if the following conditions are met:
1. Adequate provisions are made to assure each lot allowed to be built upon will have available forty thousand square feet for locating the well and sewage disposal systems until a common water and sewer system is available. The available area may be reduced to twenty thousand square feet when either a common water and/or sewer system is available.
2. A statement from an engineer affixed with his seal and signature attesting that the proposed lot design and associated building restrictions will assure adequate area is available to each building site for safe on-site well and sewage disposal until such time as common or public sewer and/or water services are available.
E. All subdivision, sewage disposal systems, and community water supplies must be approved by the State Department of Environmental Conservation. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.140).
18.20.140 Lots--Access to street.
Each lot shall abut on a dedicated street. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.150).
18.20.150 Lots--Side line requirements.
Side lines of lots should be approximately at a right angle or radial to the street line. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.160).
18.20.160 Lots--Double frontage prohibited when.
Double frontage lots with depths less than two hundred fifty feet will not be approved except where necessitated by topographic or physical conditions, or to provide reserve frontage along arterial streets. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.170).
18.20.170 Building setbacks.
A. A minimum twenty-foot building setback shall be noted on the plat in the following format:
Building Setback. A setback of twenty feet is required from all street rights-of-way unless a lesser standard is approved by resolution of the planning commission.
B. A fifty-foot public access and erosion control easement will be required on all navigable bodies of water. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.180).
18.20.180 Zoning.
A subdivider may submit with his preliminary plat a copy of the subdivision’s proposed land use covenants and restrictions. If approved by the platting board the covenants and restrictions of the subdivision will be adopted as the zoning classification for that subdivision. If the subdivider is unwilling to assign land use restrictions, zoning requirements will be assigned by the borough. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.190).
18.20.190 Clearing and grading permit.
Developers who intend to clear or grade land in excess of twenty thousand square feet must obtain a clearing and grading permit. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.200).
18.20.200 Variances.
A. Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development of conditions that the strict application of the provisions of this regulation result in substantial hardship, the platting board may vary or modify the requirements to the end that the subdivision may be developed in a manner consistent with public welfare and safety.
B. Requests for variances must be in the following form:
VARIANCE REQUEST
Subdivision Name:
Owner: ________________________ Date:
Section No. and Title of Applicable regulations
Lot and Block affected
Action requested
Variance Granted
_______________________
Signature and Title Date
Variance Denied for the following reason:
_______________________
Signature and Title Date
C. Amendments.
1. Plat Alteration.
a. No plat may be altered, amended or changed except upon petition of the owners of a majority of the land affected by the alteration, amendment or change. The petition shall show the changes contemplated.
b. The petition shall be filed with the platting board, requesting that the plat, addition or subdivision be amended or replatted. The petition shall be accompanied by a plat, draft, or copy of the existing plat showing the proposed amendment or replat.
2. Time, Place and Notice of Hearing. The platting board and chairman shall find a time for the hearing of the petition which may not be less than thirty days nor more than sixty days after filing, and shall issue a notice stating when and by whom the petition was filed, its object, and the time and place of hearing. The notice shall generally describe the plat, addition or subdivision sought to be amended or replatted. This notice shall be posted for one week of general circulation. The platting board chairman shall also mail by certified mail a copy of the notice to each of the owners of affected property not joining in the petition as shown by the records of the borough at the addresses of record.
3. Hearing and Determination. At the hearing, the platting board shall inquire into and determine the merits of the relief for and make such order as justice and the public welfare require. If the amended plat or replat is approved it shall be filed and recorded with the recorder of the recording district where the property is situated and thereafter is the lawful plat. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.210).
18.20.210 Certificates.
A. Certificate of Ownership and Dedication. The following certificate shall be printed on the plat and signed by the owner or owners. The certificate illustrated in this subsection may be amended if circumstances or ownership warrant. Any signatures appearing on the certificate shall be notarized by a notary public for the state:
CERTIFICATE OF OWNERSHIP AND DEDICATION
I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, and dedicate all streets, alleys, walks, parks and other open space to public or private use as noted.
______________ | _________________ |
Date | Owner |
______________ | _________________ |
Witness | Owner |
Notary’s Acknowledgement
B. Surveyor's Certificate. The following certificate shall be printed and properly signed by the surveyor making the survey:
CERTIFICATE OF REGISTERED SURVEYOR
I hereby certify that I am a registered professional land surveyor and that this plat represents the survey made by me or under my direct supervision, and the monuments shown thereon actually exist as located, and that all dimensional and other details are correct.
______________ | _________________ |
DATE | REGISTERED SURVEYOR |
Seal
C. Certificate of Payment of Taxes. The following certificate shall be submitted to the board with the final plat or printed on the plat:
______________ | _________________ |
DATE | FINANCE OFFICER |
CERTIFICATE
STATE OF ALASKA | ) |
) ss | |
THIRD JUDICIAL DISTRICT | ) |
I, the undersigned, being duly appointed and qualified, do hereby certify that, according to the records of Bristol Bay Borough all taxes assessed against said lands and in favor of the Bristol Bay Borough are paid in full.
DATED this ___ day of __________, ______, at Naknek, Alaska.
_________________ | |
TITLE |
D. Certification of Approval by the Board. The following form of certification shall be printed on the final plat by the person preparing the plat, to be filled in after approval by the board:
CERTIFICATE OF APPROVAL BY THE BOARD
I hereby certify that the subdivision plat shown hereon has been found to comply with the subdivision regulations of the Bristol Bay Borough platting board, and that said plat has been approved by the board, dated _____, ________, and that the plat shown hereon has been approved for recording.
______________ | _________________ |
Date | Chairman, Platting Board |
Attest:
______________ |
Planning Specialist |
(Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1 (part), 1988. Formerly 18.20.220).
18.20.220 Recordation.
It will be the responsibility of the developer to have the plat recorded. No plat will be considered a legal document until a recorded plat is filed with the planning department. (Ord. 2008-06 §3(part), 2008: Ord. 91-1 §1, 1991: Ord. 90-7 §1, 1990: Ord. 88-4 §1(part), 1988. Formerly 18.20.230).
18.20.230 Penalties.
A. The owner or the agent of the owner of land located within a subdivision who transfers, sells, or agrees or enters into a contract to sell land in the subdivision before a plat of the subdivision has been prepared, approved, and recorded in compliance with the provisions of this regulation is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than five hundred dollars for each parcel transferred or sold or agreed to be sold or included in a contract to be sold. The platting authority may enjoin a transfer or sale or agreement to sell, and may recover the penalty by the appropriate legal action.
B. No person may file or record a plat of subdivision in any public office unless the plat bears the approval of the platting authority. Any person who files or records a plat in violation of this requirement upon conviction is punishable by a fine of not more than three hundred dollars, or by imprisonment for not more than thirty days or by both. (Ord. 2008-06 §3(part), 2008: Ord. 88-4 §1(part), 1988. Formerly 18.20.240).
Prior ordinance history: Ords. 82-2 and 84-2.