Chapter 17.03
GENERAL PROVISIONS
Sections:
17.03.040 Subdivision of state lands.
17.03.050 Subdivisions prohibited in flood hazard areas.
17.03.010 Purpose.
The purpose of this title is to promote and improve the health, safety, and general welfare of the citizens of the city and to set forth regulations and procedures to comply with the provisions of AS 29.40 as required by AS 29.35.260(c). These regulations are designed to further the orderly layout and use of the land; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to insure traffic safety and circulation; to prevent the overcrowding of the land; and to facilitate the further subdivision of larger tracts into smaller parcels of land. (Ord. 90-03 § 1 (part), 1990.)
17.03.020 Platting authority.
The Dillingham planning commission is hereby designated as the platting authority authorized to administer subdivision regulations and perform other duties as required by this title and the city council. The planning director is designated as the platting authority authorized to administer final plat approval to abbreviated plats. (Ord. 90-03 § 1 (part), 1990.)
17.03.030 Definitions.
A. Abbreviated Plat. An abbreviated plat is a subdivision in which:
1. The subdivision does not create more than four lots;
2. Each lot created has legal and physical access to a public highway or street;
3. The subdivision does not involve or require a dedication of a street, right-of-way or other area;
4. The subdivision does not require a vacation of a public dedication of land or a variance from the requirements of any ordinance, including, but not limited to, requirements related to subdivision land use and building and construction, including floodplain regulations.
B. “Arterial road” means a major or state highway which moves or is projected to move the greatest number of vehicles from one area of the city to another. Arterial roads generally provide major utility access corridors.
C. “Block” means a piece or parcel of land entirely surrounded by highways, streets, streams, other rights-of-way, or a combination thereof.
D. “Collector street” means roads which form the main access routes carrying traffic from local streets or arterial highways or to commercial areas, schools, or other major traffic generators. Collector streets generally provide major utility access corridors.
E. “Conventional individual septic system” means a single-family septic tank and soil leach system which can be installed to meet the provisions of 18 AAC (Alaska Administrative Code) Chapter 72 without special construction techniques.
F. “Cul-de-sac” means a short dead-end street having a vehicular turnaround.
G. “Easement” means a grant by the property owner to another person or to the public for the use of any designated part of the property for specific purposes and is considered an interest in land.
H. “Half street” means any street less than the prescribed right-of-way widths found in this section.
I. “High density residential” means areas characterized by residential development which is other than single-family homes or duplex development.
J. “Lot” means the smallest portion of a subdivision, constituting a single parcel, tract, division or piece of land intended for building development or conveyance as a single unit.
K. “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 right-of-way.
L. Lot, Flag. “Flag lot” means a lot whose main body is connected to an access way by a narrow strip of land.
M. “Lot of record” means a lot legally created prior to the effective date of this code.
N. “Lot width” means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance midway between the front and rear lot lines.
O. “Major local streets” means roads which provide access primarily from residential areas to collector or arterial streets. Major local streets may provide utility access corridors.
P. “Minor local streets” means roads which provide access primarily from residential areas to major local streets and which do not and will not within the foreseeable future serve as major corridors for vehicular access or utility distribution.
Q. “Redivision” or “replat” means that lot lines are moved within a subdivision but no additional lots, parcels, or tracts are created.
R. “Right-of-way” means a legal right of passage over another land owner’s property.
S. “Sight distance” means the length of roadway ahead visible to the driver.
T. “Standard plat” means any plat which does not qualify as an abbreviated plat.
U. “Street” means a way for vehicular traffic other than an alley.
V. Subdivider. The “subdivider” means the owner or owners of land which is being divided pursuant to this title.
W. Subdivision. A “subdivision” is the division of any lot, parcel, or tract of land, for the immediate or future purpose of sale, financing, lease development or the transfer of any interest in real property, including any resubdivision, where the act of division creates two or more parcels, lots, tracts of land, or building sites.
X. Legal Access. In this title “legal access” means one of the following:
1. A dedicated public right-of-way or easement exists that meets the width standards of this title;
2. A state of Alaska maintained road available for public use is adjacent to the parcel;
3. A judicial order establishes access;
4. A dedicated private easement exists which:
a. Does not result in a landlocked unsubdivided remainder parcel;
b. Is perpetual and irrevocable;
c. Is recorded;
d. Has been approved by all federal, state and city authorities whose approval is required;
e. Allows for construction and maintenance of a road of the standards required by this title.
Y. Physical Access. In this title “physical access” means either that an easement identified on a plat is already in use or is practical to construct or expand to allow access by automobile considering the physical characteristics of the property on which the easement is located.
Z. Private Access Street. In this title “private access street” means roads which provide legal access to a residential subdivision. (Ord. 90-03 § 1 (part), 1990; Ord. 14-08 §§ 1—3, 2014.)
17.03.040 Subdivision of state lands.
A. The subdivision requirements adopted under this chapter apply to a subdivision plat of undeveloped state land for disposal under AS 38 filed with the planning commission, provided that such requirements were adopted prior to the planning commission being notified by the Commissioner of the Department of Natural Resources of the proposed sale.
B. Nothing in this section relieves the Department of Natural Resources of its obligations to provide legal access to a subdivision. (Ord. 90-03 § 1 (part), 1990.)
17.03.050 Subdivisions prohibited in flood hazard areas.
The city shall deny permission to subdivide or develop land within flood hazard areas unless the requirements of Section 15.04.060 of this code have been fulfilled. (Ord. 90-03 § 1 (part), 1990.)