CHAPTER 43.15: PLAT APPROVAL, ABBREVIATED PLAT SUBDIVISIONS, AND VACATIONS
Section
43.15.005 General administration
43.15.010 Preapplication conference
43.15.012 Forty-acre exemption
43.15.015 Preliminary plat [Repealed]
43.15.016 Preliminary plat submittal and approval
43.15.021 Public use easement acceptance procedure
43.15.040 Section line and state recognized RS-2477 easement vacations
43.15.045 Plat approval [Repealed]
43.15.049 Final plat; general provisions
43.15.051 Final plat; submitted
43.15.052 Final plat; plat note
43.15.053 Final plat; certificates
43.15.054 Final plat; surveyor requirements
43.15.055 Final plat; dedications, improvements, recording
43.15.065 Waiver of standards for resubdivision of substandard lots
43.15.070 Right-of-way acquisition plats
43.15.075 Variance; standards for approval
43.15.005 GENERAL ADMINISTRATION.
(A) The platting board shall act upon applications for preliminary plats, variances, public use easements, plat note amendments, elimination or modification of platted utility, drainage, sanitation, slope, snow storage, buffer, and screening easements, and vacations of public interest within the procedures outlined by AS 29.40.110 and this title.
(B) The platting officer shall act upon applications for abbreviated plats, waivers, 40-acre exemptions, and right-of-way acquisition plats.
(1) The platting officer shall determine whether agency, department, or public comments provided are within the regulatory authority of this chapter and whether they should apply to a platting action.
(C) Leaseholds located within municipal airports are exempt from the requirement to plat.
(D) Commercial leases of ten years or greater are exempt from this title.
(Ord. 17-033, § 42, 2017: Ord. 15-036, § 7, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.010 PREAPPLICATION CONFERENCE.
(A) Before submitting an application requiring platting authority approval, a petitioner shall attend a conference with the platting staff. The purposes of the conference are to inform the staff of the petitioner’s development plans, and to inform the petitioner of the borough’s development policies, public improvements, and platting procedures and requirements as they pertain to the proposed application. Borough staff may recommend modifications to conform the proposed application to those policies, procedures, and requirements. The platting officer may waive a preapplication conference if the platting officer finds that it is not necessary to accomplish these purposes.
(B) At least ten business days before the preapplication conference, the petitioner shall submit to the platting staff the proposed platting action with enough detail so the platting officer can gain a full understanding of the petitioner’s intentions.
(C) [Repealed by Ord. 17-033, § 9, 2017]
(D) No proceeding under this section binds the platting authority in their review of any plat, or relieves a petitioner of the responsibility of independently becoming familiar with the procedures and standards for approval of an application under this title.
(Ord. 17-033, § 9, 2017; Ord. 15-036, § 8, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.012 FORTY-ACRE EXEMPTION.
(A) Purpose clause. The purpose of this section is to allow the land owner to divide or combine large parcels of land by document in an expedited manner.
(B) Exemptions. The platting officer shall exempt parcels from the provisions of this title where all the following conditions are met:
(1) The smallest parcel created is 40 acres in size, or is one-sixteenth of a section as defined by “aliquot part”;
(2) The parcel is to be conveyed by deed;
(3) The parcels or tracts created can be described by:
(a) aliquot part; or
(b) a metes and bounds description, provided the description is under the seal of a land surveyor;
(4) The document does not alter:
(a) an existing plat of record, including tracts on a cadastral plat; or
(b) parcels created via the waiver process;
(5) A certificate to plat shall be required, consistent with the requirements of MSB 43.15.053(E);
(6) Signatures of consent are provided on affidavits from all parties holding a legal or equitable interest in the property to be recorded with the document;
(7) No more than four parcels shall be created from the parent parcel(s);
(8) The applicant demonstrates that legal access as defined by MSB 43.20.120 exists to all parcels or tracts created and is suitable for future borough standard road construction.
(a) The suitability of legal access for future road construction shall be documented by the applicant based on the following information available from existing records within the Matanuska-Susitna Borough:
(i) air photos;
(ii) [Repealed by Ord. 17-033, § 43, 2017]
(iii) topographic mapping; and
(iv) other available data.
(b) The platting officer shall review within ten working days the legal access documentation and its “suitability” for future road construction.
(c) [Repealed by Ord. 17-033, § 43, 2017]
(i) Access for parcels located two miles beyond the limits of the core comprehensive planning area may be from a trail shown to be constructible to the trail standards listed in MSB 43.20.060; however, no trail construction is required for 40-acre exemption approval.
(d) The applicant shall be required to submit plan, profile, and cross-sections if existing grades along proposed route exceed 10 percent, or if existing utilities or other land/water features appear to create impediments to road design meeting Subdivision Construction Manual standards;
(9) An as-built of all structures or improvements within the parcel boundaries is provided, or a letter from a land surveyor stating that no setback violations exist or will be created by this platting action; and
(10) For parcels described by metes and bounds, all parcel corners shall be surveyed and monumented and a record of survey or a detailed sealed drawing prepared by a land surveyor shall be recorded with the 40-acre exemption document. The survey shall be tied to at least two platted subdivision corners or two aliquot part corners set by the state or federal government, or land surveyor, or any combination of the preceding.
(C) Exemption document. The document exempting a parcel from the provisions of this title shall be reviewed by the platting officer. The platting officer shall approve the exemption document within ten working days once the exemption submittal meets the conditions of this subsection. Upon approval of the document, the platting officer shall execute the approved document, signed by the planning director, and it shall be affixed with the platting board seal. It is the responsibility of the applicant to pay all appropriate fees.
(D) The decision of the platting officer in this matter is final unless appealed in accordance with MSB 43.35.
(Ord. 17-033, § 43, 2017: Ord. 16-018, §§ 7, 8, 2016; Ord. 15-036, § 9, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.015 Preliminary Plat. [Repealed by Ord. 15-036, § 10, 2015]
43.15.016 PRELIMINARY PLAT SUBMITTAL AND APPROVAL.
(A) An application for conceptual plat approval shall be submitted with plat copies as needed, with the following data and appropriate fees:
(1) topographic information of the proposed subdivision and surrounding area within 100 feet relative to existing and proposed property lines. Contours shall be a minimum five feet if the ground slope is less than 10 percent and ten feet if the ground slope is greater than 10 percent;
(a) Topographic information shall be stamped by a land surveyor verifying current conditions;
(b) Platted subdivision lots are exempt from providing topographic information when:
(i) eliminating a lot line; or
(ii) moving a lot line where the aggregate amount affected by the move is less than 2,000 square feet;
(2) public rights-of-way and platted easements within 100 feet of the proposed subdivision boundary;
(3) adjacent property lines shown with dashed lines to show their general relationship to the proposed subdivision;
(4) approximate locations of visible existing roadways, driveways, sewage systems, wells, above-ground utilities, excavations, bridges, and culverts within 100 feet of the proposed subdivision boundary unless access is denied to the surveyor;
(5) preliminary horizontal location of streets, water supply, sewage disposal systems, or other public improvement details to indicate conformance with municipal standards;
(6) soils and engineering data as required by this title.
(a) Applications proposing community or municipal water supply and/or wastewater disposal systems shall submit a conceptual plan.
(b) Wells and septics on any property within the protective well radius of a proposed community or municipal water system shall be shown relative to the existing and proposed property lines.
(B) All plats, maps, drawings, or other illustrations required for conceptual review under these regulations shall show the following:
(1) title block;
(2) subdivision name;
(3) scale;
(4) north arrow;
(5) date;
(6) subdivider’s name and address;
(7) surveyor’s or other preparer’s address;
(8) description of the parcel being subdivided;
(9) sheet number;
(10) total area; and
(11) vicinity map which includes the following:
(a) scale of one inch equals one mile showing a 20-square-mile area minimum (rural); one inch equals 300 feet showing a one-sixteenth-square-mile area (urban), or as necessary to indicate the subdivision and adjacent property;
(b) townships, ranges, and sections; and
(c) principal road systems, major water bodies and watercourses, and location of subdivision;
(12) dedicated rights-of-way, patent reservations, section line easements, and other easements or reservations, public or private, within the proposed subdivision boundaries showing location, dimensions, and purposes;
(13) the location of existing improvements within the proposed subdivision, such as structures as defined in MSB 17.55, roadways, driveways, sewage systems, wells, above-ground utilities, excavations, bridges, and culverts relative to the existing and proposed property lines;
(14) the location of water bodies, drainage courses, and, when required by MSB 17.29.160, flood hazard information, within the proposed subdivision;
(15) proposed lot lines, tract lines, utility and other easements, rights-of-way, including approximate dimensions and area of all lots and tracts, approximate curve radii, tangent lengths, and similar information;
(16) proposed public or open space areas.
(C) Within ten business days of submittal, the application shall be accepted or rejected for failure to meet the requirements of subsections (A) and (B) of this section. The rejection shall be in writing and shall state the deficient items. Once the deficiencies are corrected, the application shall be immediately accepted.
(D) The statutory 60-day period for approval or nonapproval begins on the date the application is accepted for public hearing.
(E) [Repealed by Ord. 17-033, § 12, 2017]
(F) Public hearings for vacations may occur at the same time as the preliminary plat approval hearing.
(G) The applicant may acquire any required “other agency” review.
(H) Preliminary plat approval; effect and duration. The effect of the approval of the preliminary plat is as follows:
(1) The approval of a preliminary plat does not constitute approval of the subdivision or the acceptance of any dedication within the subdivision, but only authorizes the applicant to prepare the final plat. Application for approval of a final plat, including any final plat submitted under a phased development master plan, may be submitted only after approval of the preliminary plat, and only while the approval of the preliminary plat remains effective;
(2) Approval of a preliminary plat expires 72 months after the date of the written notice of platting authority action, unless the platting authority first extends its duration at the request of the applicant. The platting officer may grant two extensions, not to exceed two years each. Only the platting board has authority to grant additional extensions. The platting authority may approve an extension only if it finds that the conditions supporting approval of the preliminary plat have not materially changed;
(3) Where a subdivider intends to develop a subdivision in phases, approval of the preliminary plat shall be conditioned upon the subdivider’s compliance with a phased development master plan prepared by a subdivider and approved by the platting board. Approval of a master plan for phased development expires 72 months after the date of the written notice of platting board action unless an extension is approved by the platting authority in the same manner extensions of preliminary plats are approved under subsection (H)(2) of this section;
(4) An appeal from the decision of the platting authority regarding plat approval shall follow MSB 43.35, Reconsideration and Appeals. Filing an appeal or reconsideration shall extend the 72-month approval period until the appeal or reconsideration is resolved;
(5) A subdivider may proceed upon an expired preliminary plat or master plan for phased development only with a new application;
(6) An applicant may seek modification of a preliminary plat or phased development master plan prior to expiration of the plan or plan approval or prior to the expiration of an extension granted pursuant to MSB 43.10.060(B). The applicant seeking modification shall pay a public hearing fee and meet the requirements of MSB 43.10.065. There shall be no petitions to modify vacations approved by the assembly unless the petition to modify involves an area of land not affected by the approved vacation; and
(7) [Repealed by Ord. 17-033, § 14, 2017]
(8) A plat (master plans for phased development, abbreviated plats, regular plats) approved under provisions of the former MSB Titles 16 and 27 shall be granted an administrative extension of an additional five years effective from the date of adoption of the ordinance codified in this section. This five-year extension is in addition to all previously granted extensions and starts at the end of the previously approved expiration date of the extension or original plat expiration date, whichever is later.
(I) The platting authority’s action on an approved preliminary plat shall be noted on the final plat, with a reference to the date by which that action was taken.
(Ord. 17-033, §§ 10 – 14, 2017; Ord. 16-018, § 9, 2016; Ord. 15-036, § 11, 2015)
43.15.021 PUBLIC USE EASEMENT ACCEPTANCE PROCEDURE.
(A) Prior to acceptance by the borough and recordation, the offeror for a public use easement shall submit a legal description of the proposed easement together with a drawing depicting the location of the proposed easement. If the proposed easement is in the form of a metes and bounds description, the description shall be submitted under the seal of a land surveyor. In lieu of a written legal description, a drawing showing the location and dimensions of the public use easement under the seal of a land surveyor shall be submitted.
(B) The legal description or drawing shall be reviewed for accuracy and completeness. If deficiencies are found, a written explanation of any deficiencies will be returned to the offeror within ten working days of the date the application is received. Once the deficiencies have been corrected, the public use easement will be processed.
(C) The offeror shall prove that the public use easement is in a practical location where road construction is feasible in accordance with the Subdivision Construction Manual. The offeror shall be required to submit plan, profile, and cross-sections if existing grades along proposed route exceed 10 percent, or if existing utilities or other land/water features appear to create impediments to road design meeting Subdivision Construction Manual standards.
(D) If road construction is proposed, all permits and approvals from federal, state, or other municipal regulatory agencies applicable to the construction of the road shall be submitted to platting staff.
(E) Public use easements shall be surveyed, monumented on the exterior, or the centerline if approved by the platting officer, and either shown on a record of survey, an associated plat, or a detailed sealed drawing prepared by a land surveyor which shall be recorded with the public use easement document.
(F) It is the responsibility of the offeror to pay all applicable fees.
(G) In acting on applications under this section the platting authority shall use the standards and procedures of MSB 43.10.060. Public noticing shall be in accordance with MSB 43.10.065.
(H) Upon compliance with subsections (A) through (G) of this section, a public use easement form with the approved legal description, bearing acknowledgment of acceptance by the borough and being signed by all individuals holding a legal or equitable interest in the property involved, shall be recorded. This provision does not require the signatures of holders of subsurface estate interests in the land being dedicated.
(I) Approval of an application under this section expires 72 months after the date of the written notification of the platting authority action, unless an extension is approved by the platting authority in the same manner extensions of preliminary plats are approved under MSB 43.15.016(H)(2).
(Ord. 17-033, § 44, 2017: Ord. 16-018, §§ 10—12, 2016; Ord. 11-072, § 3 (part), 2012)
43.15.022 WAIVERS.
(A) Those portions of this title specifically addressing the preparation, submission for approval, and recording of a plat shall not apply to waiver subdivisions for which the preparation, submission for approval, and recording of a plat has been waived, upon proof that:
(1) each parcel has legal and physical access to a constructed public road, and that the road utilized for access meets the following minimum requirements, unless the state or local government has accepted responsibility for construction and maintenance:
(a) Roads shall be constructed to a residential standard unless superseded by other provisions elsewhere within this title;
(b) The roadway, including any slopes, cuts, and fills actually used for access, is located entirely within the easement or right-of-way dedicated to the public or over other legal access, as defined in MSB 43.20.120.
(c) If a waiver is proposed along an existing maintained borough road, the petitioner shall not be required to upgrade said road;
(2) each lot or tract created is five acres in size or larger and the waiver of subdivision requirements will create no more than four parcels, an unlimited number of waivers from the original parent parcel are allowed;
(3) no dedication of public right-of-way, easement or other public area is required;
(4) proof has been submitted demonstrating that reasonable utility easements are provided;
(5) prior to recordation, all parcel corners shall be surveyed and monumented. A record of survey shall be recorded in the State Recording District Office. The survey shall be tied to at least two platted subdivision corners or two aliquot part corners set by the state or federal government, or land surveyor, or any combination of the preceding;
(6) [Repealed by Ord. 17-033, § 17, 2017]
(7) the parcels or tracts created can be described by:
(a) aliquot part; or
(b) a metes and bounds description, provided the description is under the seal of a land surveyor; and
(8) the applicant for approval of the plat waiver provides supporting written information including all soils and engineering data as required by this title.
(B) All waiver requests shall be made to the platting officer and shall be accompanied by:
(1) one completed waiver application form with tax official certification and notarized signature of the owner, and notarized signature of the mortgagee, if applicable;
(2) a neat, legible drawing on a sheet of 8.5-inch by 11-inch paper, or even increment of paper, showing location of markers, recorded easements, improvements, parent parcel boundaries, severed parcel boundaries, arrow indicating north, section, township and range;
(3) a review and reservation, if applicable, of utility easements;
(4) The proof of ownership shall be a certificate to plat or a preliminary commitment for title insurance in accordance with MSB 43.05.050.
(5) All waiver subdivision requests shall be submitted to the platting officer for approval. Within ten business days of submittal, the application shall be accepted, or rejected for failure to meet the requirements of the afore subsections.
(C) Public notice of waiver subdivisions shall follow the procedures of MSB 43.10.065, pertaining to actions requiring a public hearing, and written comments on the waiver application shall be accepted. A public hearing is not required for waiver subdivisions.
(D) The decision of the platting officer in this matter is final unless appealed in accordance with MSB 43.35.
(Ord. 17-033, §§ 15 – 17, 2017; Ord. 16-018, § 13, 2016: Ord. 11-072, § 3 (part), 2012)
43.15.025 ABBREVIATED PLATS.
(A) The platting officer shall review and act upon all preliminary plats that shall only move or eliminate lot lines, or create no more than four tracts or lots, and that shall not:
(1) deny legal and physical access to and from all lots or tracts created by, or adjacent to, the subdivision, or require construction of improvements necessary for access, other than the improvement of an existing, publicly dedicated right-of-way to current standards; nor
(2) alter a dedicated street or right-of-way, or require any dedication; nor
(3) require a vacation of a public dedication; nor
(4) require a variance from a subdivision regulation.
(B) Plats to remove lot lines on a subdivision plat of record are exempt from provisions of the code which require:
(1) usable area report submittals;
(2) legal and physical access;
(3) as-built survey; and
(4) topographic information.
(C) In acting on an application under this section, the platting officer shall use the standards and procedures used by the platting board in acting on applications under MSB 43.10.060. The platting officer shall approve or disapprove the plat within 30 days of the submission of the application.
(D) The decision of the platting officer in this matter is final unless appealed in accordance with MSB 43.35.
(E) Public notice of abbreviated plats shall follow the procedures of MSB 43.10.065, pertaining to actions requiring a public hearing.
(Ord. 16-018, § 14, 2016; Ord. 15-036, § 12, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.032 ELIMINATION OR MODIFICATION OF UTILITY, DRAINAGE, SANITATION, SLOPE, SNOW STORAGE, BUFFER, AND SCREENING EASEMENTS.
(A) The platting board shall review and act upon all petitions requesting elimination or modification of platted utility, drainage, sanitation, slope, snow storage, buffer, and screening easements; provided, that:
(1) the authority having jurisdiction over the easement consents;
(a) however, if the beneficiary of an easement refuses to authorize a vacation, the platting board may approve the vacation if the following conditions are met:
(i) there are currently no existing improvements of the easement beneficiary within the subject easement or a portion of the easement will remain which includes the improvements;
(ii) if necessary a substitute easement is provided; and
(iii) findings of facts support granting the vacation;
(2) if the elimination or modification of easement is due to an encroachment, an as-built survey must be submitted with the original petition; and
(3) a vacation resolution is recorded along with a graphic representation showing the specific area eliminated and any alternate easements proposed.
(B) In acting on applications under this section the platting board shall use the standards and procedures under MSB 43.10.060. The platting board shall act upon the application within 60 days of the acceptance for public hearing.
(C) Public noticing shall be in conformance with MSB 43.10.065.
(D) Approval of an application under this section expires 72 months after the date of the written notification of platting authority action, unless an extension is approved by the platting authority in the same manner extensions of preliminary plats are approved under MSB 43.15.016(H)(2).
(Ord. 22-103, § 4, 2022; Ord. 17-033, § 45, 2017: Ord. 16-018, § 15, 2016: Ord. 11-072, § 3 (part), 2012)
43.15.035 VACATIONS.
(A) All applicants and actions for vacations shall conform to AS 29.40.120 through 29.40.160.
(B) A dedication to public use of land or interests in land may be vacated if the dedication is no longer necessary for present or future public use. The platting board shall review applications for vacations as follows:
(1) The platting board shall ordinarily approve vacations of public rights-of-way if:
(a) the vacation is conditioned upon the final approval of a plat affecting the same land which provides equal or better access to all areas affected by the vacation; or
(b) the surrounding area is fully developed and all planned or needed rights-of-way and utilities are constructed; or
(c) the right-of-way is not being used, a road is impossible or impractical to construct, and alternative access has been provided;
(2) The platting board shall not ordinarily approve vacations of public interests in land if:
(a) the surrounding area in which the vacation is sought is undeveloped or is developing and equivalent or better access is not provided;
(b) the vacation is of a public right-of-way providing access to a lake, river, or other area with public interest or value, unless alternate or better access is provided or exists;
(c) the proposed vacation would limit opportunities for interconnectivity with adjacent parcels, whether developed or undeveloped;
(d) objections to the vacation are made by persons with an interest in land adjacent to or affected by the vacation, or by any government agency or department which has a responsibility to the public which may be affected by the vacation;
(i) the platting board may approve the vacation if the following conditions are met:
(aa) there are currently no existing improvements within the subject easement of the easement beneficiary or a portion of the easement will remain which includes the improvements;
(bb) if necessary a substitute easement is provided; and
(cc) findings of facts support granting the vacation;
(3) In other cases, the platting board shall review requested vacations on a case-by-case basis to determine whether the property is necessary or desirable for present or future public use. Public rights-of-way in areas shall be assumed to have a public use unless proven otherwise.
(C) Title to a vacated area shall be determined as follows:
(1) Title attaches to the lot or lands bordering on the vacated area in proportionate amounts, except that if the area originally was dedicated by different persons, original boundary lines shall be adhered to so that the area which lies on one side of the boundary line shall attach to the abutting property on that side, and the area which lies on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street which lies within the limits of a platted addition attaches to the lots of the platted addition bordering on the area. However, if a public square is vacated, the title to it vests in the city, if it lies within a city, or in the borough if it lies within the borough area outside cities, and if the property vacated is a lot or tract, title vests in the rightful owner.
(2) If a municipality acquired the vacated area for legal consideration or by express dedication to and acceptance by the municipality other than as a prerequisite to plat approval, the fair market value of the vacated area shall be deposited with the platting authority before the final act of vacation, to be paid over to the municipality upon final vacation.
(3) Other provisions of this subsection notwithstanding, the platting board may determine all or a portion of a vacated area should be dedicated to another public purpose, and if so, title to the area vacated and held for another public purpose remains in the borough or city, as applicable.
(D) A decision to grant a vacation is not effective unless approved by the city council if the vacated area is a street or public land of a city, or by the assembly in other cases. The platting board shall immediately give notice to the council or assembly of a vacation which is approved. The council or assembly shall have 30 days from the date of the notice to either consent to the vacation or veto it. Notice of veto of the vacation shall be immediately given to the platting board. Failure to act on the vacation within 30 days shall be considered to be consent to the vacation.
(E) Public noticing shall be in conformance with MSB 43.10.065. Notice of platting authority approval shall be sent to the public body having jurisdiction in accordance with MSB 43.10.065.
(F) Approval of an application under this section expires 72 months after the date of the written notification of platting authority action, unless an extension is approved by the platting authority in the same manner extensions of preliminary plats are approved under MSB 43.15.016(H)(2).
(Ord. 17-033, §§ 18 – 21, 2017; Ord. 16-018, § 16, 2016; Ord. 15-036, § 13, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.040 SECTION LINE AND STATE RECOGNIZED RS-2477 EASEMENT VACATIONS.
(A) This title provides standards for the vacation of section line easements and state recognized RS-2477 easements, also referred to as rights-of-way acquired under former 43 U.S.C. 932.
(B) An application for vacation of a section line easement or RS-2477 easement shall contain the following:
(1) a preliminary finding of approval from the appropriate agency of the state of Alaska;
(2) documentation by a land surveyor establishing the existence of a valid section line easement or RS-2477 easement within the area to be vacated, stating the width of the section line easement or RS-2477 easement and verifying the existence and width of any adjoining section line easements or RS-2477 easements;
(3) legal description of the section line easement or RS-2477 easement proposed for vacation;
(4) reason for vacation request;
(5) plat copies, as needed, of a section line or RS-2477 vacation plat, drawn to the requirement of the state of Alaska;
(6) current Alaska State Department of Transportation and Public Facilities and Department of Natural Resources final approval required prior to recordation pursuant to AS 19.30.410;
(7) [Repealed by Ord. 16-018, § 17, 2016]
(8) demonstration that a reasonably comparable, established alternate right-of-way or means of access exists that is sufficient to satisfy all present and reasonably foreseeable uses pursuant to AS 19.30.410. In making this determination, the platting board shall consider comments from utilities concerning the adequacy of alternative access to provide for utility facilities and services; and
(9) demonstration that the vacation shall meet the standards set forth under MSB 43.15.035.
(C) Public notice of the vacation shall follow the procedures of MSB 43.10.065. Notice of platting authority approval shall be sent to the public body having jurisdiction in accordance with MSB 43.10.065.
(Ord. 17-033, § 46, 2017: Ord. 16-018, §§ 17, 18, 2016; Ord. 11-072, § 3 (part), 2012)
43.15.045 Plat Approval. [Repealed by Ord. 15-036, § 14, 2015]
43.15.049 FINAL PLAT; GENERAL PROVISIONS.
(A) Board review. The platting officer shall review all plats subdividing lands within the borough boundaries.
(B) Review for deficiencies. The platting officer shall review and check all final plats for deficiencies. Where deficiencies are found, the plat shall be returned to the subdivider for alteration or correction by the land surveyor responsible for the survey and the plat. The platting officer shall approve or disapprove the final plat within 20 days of submittal of the plat. If disapproved, the final plat shall be returned to the subdivider with specification of the deficiencies. The platting officer shall approve or disapprove the second final plat within ten days of resubmittal.
(C) Dedication and adoption. All streets and other public areas shown on the plat shall be dedicated to the public for the use and purpose specified in the plat upon:
(1) owner’s signature on the plat or affidavit;
(2) planning and land use director’s approval; and
(3) recordation of the plat in compliance with this title.
(D) Duplication of names. Road and subdivision names may not duplicate existing road or subdivision names in spelling or sound to avoid confusion with existing names.
(E) Service area boundary requirements. It shall be a condition of subdivision approval that no lot, tract, or parcel be split by a service area boundary. Proposals to create a lot, tract, or parcel that would be split by a service area boundary must realign the service area boundary prior to final plat approval.
(F) Utility easements.
(1) A snow storage easement if granted can be placed within a utility easement if there is no overriding surface conflict.
(2) A utility easement can be placed within a slope easement.
(G) Minor plat alterations.
(1) The purpose of this section is to resolve platting issues and/or improve the subdivision design and function without burdening staff, the petitioner, and the board with the additional time and costs to rehear the case.
(2) The platting officer is authorized to approve minor changes to an approved preliminary plat or master plan during review of the final plat for the following. Any amendment or modification of the preliminary plat shall be limited to the following:
(a) The total number of lots may be reduced;
(b) The total number of lots may not be increased;
(c) Individual lot sizes may not be reduced by more than 20 percent per lot, and at no point to less than the minimum requirements that the preliminary plat was approved under. The aggregate of the proposed reductions shall not exceed one acre;
(d) Proposed right-of-way or easements may be moved up to 60 feet if approved by the platting officer;
(e) [Repealed by Ord. 17-033, § 47, 2017]
(f) Approved external accesses cannot be changed;
(g) Amendments and modifications cannot create setback violations; and
(h) Location of phase lines may be changed provided the plat remains in compliance with this title and does not conflict with previously approved platting board conditions.
(H) Prior to final plat recordation, all permits and approvals from federal, state, or municipal regulatory agencies shall be submitted to platting staff.
(I) Prior to final plat approval, State of Alaska Department of Environmental Conservation (ADEC) review and approval are required for community or municipal water supply systems or wastewater disposal systems (certificate to operate, if required by ADEC).
(1) As-builts or record drawings for any community or municipal water and wastewater disposal systems installed are required.
(2) Wells used for community or municipal water systems shall be shown with their protective well radius.
(a) Protective well radii extending more than 125 feet on adjoining property are prohibited unless:
(i) an easement is obtained; or
(ii) that portion of the adjoining property that is inside the well radius and beyond 125 feet is deemed unusable for septic area.
(Ord. 22-103, § 5, 2022; Ord. 17-033, § 47, 2017: Ord. 11-072, § 3 (part), 2012)
43.15.051 FINAL PLAT; SUBMITTED.
(A) The final plat shall be prepared in substantial conformance with this section and the preliminary plat as approved.
(B) The subdivider shall submit the original of the final plat, which shall be reproducible, drawn to scale, on mylar or equivalent, and be of good drafting in ink, with lettering by template instrument or equivalent.
(C) The sheet sizes shall be 18 inches by 24 inches, 24 inches by 36 inches, 31.5 inches by 34 inches, or 32 inches by 36 inches, in accordance with the State Recorder’s Office requirements.
(D) If more than one sheet is necessary to accurately portray the lands subdivided, an index map shall be provided on the first sheet showing the entire subdivision and indicating the portion contained on each sheet. Each sheet shall show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to show where other sheets adjoin. When more than one sheet is submitted, all sheets shall be the same size.
(E) A readable standard scale shall be used of one inch equals 50 feet, 100 feet, or increments of 100, or as allowed by the platting officer. In all cases, the scale used shall be clearly stated.
(F) The name of the subdivision shall be shown in bold letters in the title block of each sheet included.
(G) A prominent north arrow shall be drawn on every sheet. The basis of bearing shall be clearly stated. No magnetic bearings shall be allowed.
(H) All monuments to be of record shall be adequately described and clearly identified on the plat.
(I) Sufficient survey data shall be shown to positively describe the bounds of every lot, block, street, easement, and other areas shown on the plat, as well as the other boundaries of the lands subdivided.
(J) All distances shall be shown in feet and to the nearest one-hundredth foot, and in accordance with the definition of a United States survey foot adopted by the United States Bureau of Standards. All measurements shall refer to the horizontal plane.
(K) The course of every boundary line shown on the plat shall be indicated by a direct bearing reference. All bearings shown shall be given to the nearest degree, minute, and second of arc.
(L) Curve data shall be stated in terms of radius, central angle, tangent, length of curve, chord length and bearing. Curve data shall be shown for the line affected, and the information shall be tabulated with proper reference.
(M) The true boundary shall be clearly indicated on the plat by bold line.
(N) All interior excepted parcels shall be clearly indicated and labeled “not a part of this plat.”
(O) All adjoining properties shall be identified, and where the adjoining properties are a part of a recorded subdivision, the name of that subdivision and the plat number shall be shown. If the subdivision platted is a resubdivision of a part or whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. The fact it is a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat.
(P) The plat shall clearly show the location, dimension, and uses of all plottable easements created by this plat and those easements of record as indicated in the certificate to plat. If unplottable, the easements shall be referenced within a plat note.
(Q) No strip of land shall be reserved by the subdivider unless the strip of land is of sufficient size and shape to be of some practical use or service, as determined by the platting officer.
(R) All blocks shall be numbered in consecutive order. All lots within each block shall be numbered in consecutive order. All streets shall be named, numbered, or lettered in a manner acceptable to the platting officer and in compliance with MSB 11.20.
(S) The purpose of all area dedicated to the public or private shall be clearly indicated or stated on the plat.
(T) A vicinity map is required which shall include the following:
(1) scale of one inch equals one mile, showing a 20-square-mile area minimum (rural); one inch equals 300 feet showing a one-sixteenth-square-mile area, or as necessary to indicate the subdivision and adjacent property or as approved by the platting officer;
(2) townships, ranges, and sections; and
(3) principal road systems, major water bodies and watercourses, and location of subdivision substantially centered within the vicinity map.
(U) [Repealed by Ord. 22-103, § 6, 2022]
(Ord. 22-103, § 6, 2022; Ord. 17-033, §§ 22, 23, 48, 2017; Ord. 15-036, § 15, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.052 FINAL PLAT; PLAT NOTE.
(A) Written notes. Written notes may not ordinarily appear on any subdivision plat except as explicitly provided in this title or as reasonably necessary to accomplish the purposes of this title. Notes relating to land use may not appear unless otherwise required by law. Notes relating to land use which appear on any plat shall be effective only to the extent that the notes do not conflict with land use regulations adopted by the borough.
(B) Flood hazard area identification. All lots, blocks, tracts, or parcels affected by the floodplain regulations adopted by the borough shall be noted on the face of the plat. The notification shall be a written statement, stating the affected lots, blocks, and tracts by description and the reports and date of the reports and date of the report used to make the determination of the floodplain. A flood hazard area, if identified, shall be labeled “Flood Hazard Area” in bold, solid, one-inch-high letters. The base flood elevation and floodplain shall be shown as required by MSB 17.29.160, General standards for flood hazard reduction.
(C) Water supply and sewage disposal note. No individual water supply system or sewage disposal system shall be permitted on any lot unless the system is located, constructed, and equipped in accordance with the requirements, standards, and recommendations of the State of Alaska Department of Environmental Conservation, which governs those systems.
(D) Other federal, state, or local requirements. There may be federal, state, and local requirements governing land use. The individual parcel owner shall obtain a determination whether these requirements apply to the development of parcels shown on the plat to be recorded.
(E) Restrictive covenants. Covenants, conditions, and restrictions may be submitted with the final plat for recordation. All reservations or restrictive covenants shall be referenced by the book, page, or serial number and recording district on the plat in the following form:
Restrictive covenants were recorded in the _____ recording district on ____, 20__, in book ___, page ____ (or serial number) ________.
(Ord. 16-018, § 19, 2016; Ord. 15-036, § 16, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.053 FINAL PLAT; CERTIFICATES.
(A) Certificates of ownership. Each plat of a subdivision filed for record shall contain a certificate of ownership. The certificate shall be signed in black ink and acknowledged by all parties having any legal and equitable interest in the lands subdivided before an officer duly authorized to take acknowledgements of deeds, in the same manner in which deeds are required to be acknowledged. If the title interest is vested in a corporation, it shall also be signed and acknowledged by the designee of the corporation with the authority of its board of directors. Where any person holding any mortgage, lien, or other legal or equitable interest in the lands has not signed the certificate of ownership, the affidavit or title opinion shall be accompanied by the written consent, properly signed and acknowledged, of the person to the approval of the plat. This subsection does not require the signatures of holders of subsurface estate interests in the land being subdivided or dedicated. The ownership and dedication certificate shall be substantially as follows:
(I) (We) certify that (I am) (we are) the owner(s) of the property shown and described in this plan and that (I) (We) adopt this plan of subdivision by (my) (our) free consent(,)(.) (dedicate) (all rights-of-way) (and public areas) (to the Matanuska-Susitna Borough) and (grant all easements to the use shown). (delete inapplicable phrases)
_______________________
Owner’s name and address
______________
Date
(B) Notary’s acknowledgments. A notary acknowledgment shall be substantially as follows:
NOTARY’S ACKNOWLEDGMENT
This is to certify that on the _____ day of ________, 20___, before me, the undersigned, a Notary Public in and for the state of Alaska, duly commissioned and sworn, personally appeared ______________________, to me known to be the persons described in and who executed the above instrument; and who acknowledged to me that they signed the same freely and voluntarily for the uses and purposes therein mentioned.
Witness my hand and official seal the day and year in this certificate first above written.
____________________________________
Notary for the state of Alaska
My commission expires: _________
Or:
NOTARY ACKNOWLEDGEMENT
Subscribed and sworn to before me this ______day of ________, 20____, for _________.
________________________
Notary for the state of Alaska
My commission expires:________
(C) Surveyor’s certificate. A surveyor’s certificate shall be substantially in one of the forms that follow, whichever is appropriate:
I, (surveyor’s name and land surveyor number), hereby certify that I am a registered professional land surveyor in the state of Alaska and that this plat represents a survey made by me or under my direct supervision, and that the monuments shown on the plat actually exist as described, and that all dimensional and other details are true and correct to the best of my knowledge.
(SEAL)
I, (surveyor’s name and land surveyor number), hereby certify that I am a registered professional land surveyor in the state of Alaska and that this plat was prepared by me or under my direct supervision using record dimensions from Plat #______.
(SEAL)
(D) Planning and land use director’s certificate. A certificate of approval for signature by the planning and land use director shall be substantially in a form as follows:
I certify that this subdivision plan has been found to comply with the land subdivision regulations of the Matanuska-Susitna Borough, and that the plat has been approved by the platting authority by plat resolution number _____, dated _____ 20__, and that this plat has been approved for recording in the office of the recorder in the _____________ district, Third Judicial District, State of Alaska in which the plat is located.
____________________________, 20___
_____________________________
Planning and Land Use Director
ATTEST:
____________________
Platting Clerk
(E) Certificate to plat. Every final plat of a subdivision submitted for recording shall be accompanied by a certificate to plat or a preliminary commitment for title insurance, executed by a title insurance company, no more than seven days prior to obtaining the planning and land use director’s signature, confirming that the title of the land described and shown on the plat is in the name of the person signing the certificate of ownership as it is shown on the plat, or in the name of the corporation as shown in the certificate of ownership.
(F) Certificate of payment of taxes. Every final plat of a subdivision submitted for recording shall be accompanied by a certificate from the tax collecting official or city treasurer stating that all special assessments and borough real property taxes levied against the property are paid in full. In the case of real property taxes, if approval is sought between January 1st and the tax due date, the certificate shall state there are certified funds on deposit with the borough in an amount sufficient to pay estimated real property taxes for the current year at the time of recording. The certificate shall be as follows:
CERTIFICATION OF PAYMENT OF TAXES
I hereby certify that all current taxes and special assessments through _____________, 20___, against the property, included in the subdivision or resubdivision, have been paid.
______________________________
Tax Collection Official (Borough)
I hereby certify that all current taxes and special assessments through ____________, 20___, against the property, included in the subdivision or resubdivision, have been paid.
_____________________________
Tax Collection Official (City)
(Ord. 22-103, § 7, 2022; Ord. 17-033, §§ 24, 49, 50, 2017; Ord. 16-018, §§ 20, 21, 2016; Ord. 15-036, § 17, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.054 FINAL PLAT; SURVEYOR REQUIREMENTS.
(A) Qualifications of persons making survey and plat; certification. Any subdivision of land within the borough shall be surveyed by a land surveyor or by persons under the surveyor’s direct supervision who shall certify on the subdivision plat that the plat is a true and correct representation of the lands surveyed. The certification shall bear the signature, registration number, and the official seal of the surveyor. Nothing in this section shall be construed to prevent the preparation of preliminary plats by any person. In all cases, the certification required on the final plat shall be signed by a land surveyor.
(B) Monuments of record; permanent control monuments. Prior to offering any subdivision plat for recording, the land surveyor shall establish or confirm the prior establishment of at least two permanent control monuments on the boundaries of the land being subdivided. Permanent control monuments shall consist of a magnetized aluminum or brass-capped pipe, 30 inches in length, and a minimum of two inches in diameter. Drive-in rods and monument caps are allowable when a dig-in type monument is impractical. The monument shall be marked to identify its location, and shown and described on the final plat. The monument shall also have stamped on the cap the registration number of the land surveyor and the year it is set. Other existing monuments such as GLO monuments, rocks, and trees, which do not meet these specifications, shall be acceptable only if they can be verified as to location. This requirement shall not apply when the subdivision is a replat and the boundary has been previously monumented.
(C) Other markers. Additional markers for lot corners may be galvanized iron pipe of no less than one-half-inch inside diameter, 30 inches in length, or five-eighths-inch by 30-inch steel reinforcing rod with self-identifying caps identifying the land surveyor’s state of Alaska registration number. Monuments located in pavement may be five-eighths-inch by 12-inch rebar with metallic cap.
(D) [Repealed by Ord. 17-033, § 51, 2017]
(E) Additional markers required. Required additional markers shall be of types prescribed in subsection (C) of this section, and shall be set at all of the following locations:
(1) at every corner and angle point of every lot, block, or parcel of land created;
(2) at every point of intersection of the outer boundary of the subdivision with an existing or created right-of-way line of any street, railroad, or other way; and
(3) at every point of curve, point of tangency, point of reversed curve, or point of compounded curve on each and every right-of-way line established.
(F) Destruction of survey monuments. Any person who willfully disturbs or destroys a record survey monument shall be responsible for its replacement or be guilty of an infraction punishable by a fine of $250 for each occurrence.
(G) Exemption. A subdivision plat, the sole purpose of which is to eliminate lot lines on a subdivision plat of record, shall be exempt from the survey and monumentation requirements of this section.
(Ord. 22-103, §§ 8, 9, 2022; Ord. 17-033, §§ 25, 26, 51, 2017; Ord. 15-036, § 18, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.055 FINAL PLAT; DEDICATIONS, IMPROVEMENTS, RECORDING.
(A) Offers to dedicate rights-of-way, roadways, easements, or other public areas to the public on a final plat are accepted by the appropriate governmental agency upon approval and recordation of the final plat by the borough in compliance with subsection (C) of this section. Unless otherwise provided, by accepting an offered dedication, the agency assumes no obligation to establish, operate, or maintain any public service, improvement, or facilities in the area dedicated.
(B) The platting officer may not approve the final plat and no final plat may be recorded until:
(1) the subdivider completes and obtains the borough’s or city’s final acceptance of all the public improvements required in the subdivision; or
(2) the subdivider has entered into a subdivision agreement with the appropriate municipal government.
(C) Upon the subdivider’s compliance with subsection (B) of this section, and also the acceptance of the dedications offered on the approved final plat, the platting officer shall submit the plat to the district recorder upon approval of the planning and land use director in accordance with AS 40.15. The cost of the recording shall be borne by the subdivider.
(Ord. 17-033, § 27, 2017; Ord. 15-036, § 19, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.065 WAIVER OF STANDARDS FOR RESUBDIVISION OF SUBSTANDARD LOTS.
(A) The standards applicable to the subdivision of land may be waived by the platting officer for the resubdivision of substandard lots if the following conditions are met:
(1) one or more lots involved in the resubdivision are substandard lots, as defined in subsection (B) of this section;
(2) because of separate ownerships, unavailability of sufficient additional land, and similar reasons, it is not reasonable to require the replat of the lot in a manner that will bring the lot into conformance with all the requirements applicable to the replat;
(3) one or more of the conditions that make the lot substandard under the present code would be reduced or eliminated under the proposed replat;
(4) the number of substandard lots after the replat may not be more than before the replat; except, if one or more conforming lots would be made nonconforming under the proposed replat, the platting officer may waive the requirement of this paragraph if:
(a) the number of conforming lots that shall be made nonconforming is the minimum that could be reasonably included to minimize or eliminate the existing nonconformity;
(b) the new nonconforming conditions do not create a significant violation of the purposes and policies behind the standard violated;
(5) overall, the benefits to the public from the reduction or elimination of the prohibited conditions would outweigh the disadvantages of any increase in the number or extent of prohibited conditions. The creation of a new condition that violates the applicable provisions of borough code, or expansion of an existing condition, is strongly discouraged and shall be permitted only for compelling reasons.
(B) For the purpose of this section, a “substandard lot” is a lot that was lawfully created and met all conditions of the applicable provisions of law and ordinance at the time the plat was approved by the platting authority, or at the time it was filed if platting authority approval was not required by state law at the time it was filed, but does not conform to one or more of the applicable standards of MSB Title 17 or this title.
(Ord. 11-072, § 3 (part), 2012)
43.15.070 RIGHT-OF-WAY ACQUISITION PLATS.
(A) Alternate procedure. A plat for a subdivision created by a government agency’s acquisition of a road, street, highway, right-of-way, railroad right-of-way, or airport parcel is subject to approval under this section and is not subject to any other approval procedure for plats under this chapter.
(B) Submission requirements. A government right-of-way acquisition plat submitted under this section shall contain the following information:
(1) the location, name, and number of the project for which the acquisition is required;
(2) the proposed timetable for acquisition and construction;
(3) the dimensions and area of the parcels to be acquired and of each remainder parcel; and
(4) the names of the property owners identified by parcel.
(C) Right-of-way acquisition plat. A right-of-way acquisition plat shall conform to the submission requirements of subsection (B) of this section and to the other provisions of this title; provided, that:
(1) a right-of-way acquisition plat is not subject to any of the other submission requirements for plats under this title;
(2) a right-of-way acquisition is not subject to the Subdivision Construction Manual;
(3) survey requirements of this title are not applicable to a right-of-way acquisition plat unless otherwise provided by written agreement between the borough and the government agency applying for the plat; the borough shall require remonumentation or reference monumentation of subdivision control monuments, aliquot part section corner monuments, and government survey control monuments that will be disturbed, destroyed, or lost as a result of the proposed project; and
(4) the state, its agencies, instrumentalities, or political subdivision and the Matanuska-Susitna Borough may acquire or obtain conveyances, including dedication of lots or tracts of a right-of-way acquisition plat, before submittal of a right-of-way acquisition plat for approval by the Matanuska-Susitna Borough. A right-of-way acquisition conveyance may be recorded before approval and recording of the right-of-way acquisition plat.
(D) Action. Actions necessary prior to approval of a final plat include:
(1) The platting officer and the appropriate government agency shall review the right-of-way acquisition plat for completeness. If the proposed plat does not meet the requirements of this section, it shall be returned to the submitting agency with an explanation of the deficiencies.
(2) The platting officer shall make the decisions required by this section unless a government agency applying for the plat requests a public hearing before the platting board.
(3) The public notice and hearing requirements applicable to plats submitted for approval by the platting authority apply to right-of-way acquisition plats submitted to the borough for action. If the submitting agency requests a public hearing before the platting board, or if the agency appeals the borough decision under subsection (D)(6) of this section, the public notice and hearing requirements applicable to other plats submitted to the platting board shall apply.
(4) The preliminary approval of a right-of-way acquisition plat is effective for 120 months. The platting authority may grant an extension of up to 120 months for recording the final plat upon the finding that it is in the public interest to do so.
(5) The platting authority, as appropriate, may require as a condition of final plat approval any action it finds appropriate under the circumstances of the proposed plat or project, insofar as those actions are consistent with state law, including, but not limited to, the acquisition of remainder parcels that will not meet the applicable minimum requirements for lot size or dimensions. The platting authority may also require the realignment or reconstruction of any abutting or intersecting road or street right-of-way adversely affected by the acquisition or project.
(6) The decision of the platting officer in this matter is final unless appealed in accordance with MSB 43.35. An appeal under this subsection is treated as an original subdivision application.
(7) Unless otherwise agreed to in writing by the platting officer, all monumentation, remonumentation, right-of-way alignment, and reconstruction and other requirements of the borough or of this title shall be met before approval of the final plat unless it is clearly impractical or legally impossible to accomplish prior to final plat approval. Any action required as a condition of final plat approval, but not to be accomplished prior to the approval, shall be completed under the terms and conditions as are set out in writing by the borough. Any survey markers that control the length or direction of any property line shall be reset according to the new location. Secondary monumentation of all property corners, points of curves and angle points along the new right-of-way shall be required.
(E) Application. Except to the extent otherwise agreed to in writing by the platting officer, the provisions of this title other than those specifically excepted under this section shall apply to right-of-way acquisition plats.
(Ord. 16-018, § 22, 2016; Ord. 15-036, § 20, 2015: Ord. 11-072, § 3 (part), 2012)
43.15.075 VARIANCE; STANDARDS FOR APPROVAL.
(A) A variance from the requirements of MSB 43.20 may be granted only if the platting board finds all of the following:
(1) the granting of the variance shall not be detrimental to the public health, safety, or welfare, or injurious to adjacent property;
(2) the variance request is based upon conditions of the property that are atypical to other properties;
(3) Because of unusual physical surroundings, shape, or topographical conditions of the property for which the variance is sought, or because of the taking of a part of the property through condemnation or because of surrounding development or conditions, the strict application of MSB 43.20 shall result in undue substantial hardship to the owner of the property; and
(4) Only one variance fee shall be charged per platting action when multiple variances are requested.
(Ord. 17-033, § 28, 2017: Ord. 11-072, § 3 (part), 2012)