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HomeMy WebLinkAboutORDINANCE 0011-1961 CITY OF KENAI Cole I/~At~E t~O, I I SUP_Z)tVISiOt~. REGULATIOt~S OF THE CITY OF K-EtCAI ,...A.LASt(A AN ORDItJAt~CE PEESCRIBIt~G I,~INIIIUI~ RE(~UIRFJ,',ENT$ F~ THE DESIGN A~ D~LOPI~NT OF t~ ~BDIVISI~iS AND OF RE-SU~DIVISI~JSs ~OVIDING F~ ~ELII~IN~Y FIlL A~OVAL OF ALL SU~IVISI~ P~TS~ ~OVIDING F~ THE D~F~C~E~ ~ ~ESE RE~Tt~ ~ND ~OVIDING F~ CHANGES AND AIIE~I~EF~S~ ALL F~ ~H~ ~RP~E 0F ~O~OTING ~E ~E~Y AND ~FICIEf~CY OF THE S~EET SYSTEfA SO ~ TO ArVin ~Tf~~,,u'"n ~O~TE SAFETY~ F~ THE ~RP~E OF SE~RING ~E ~0P~ OISTRI- ~TI~ ~ ~TION AND THE NEC~SARY O~N SPACES F~ LI~T AND AIR~ A~ THE ~RP~E ~ III~OVING THE HEALTH, SAFETY, AND GENIAL WE~ARE ~ THE CITIZENS. BE A~ IT I~ H~Y ~DAIt~ED BY THE C~IL OF THE CI~ OF KENAI, STATE S~tlon I. Gene~e 1 prep~;ng · ~ellmlnery subdivision plan in order to beco~ thor~ghty .lth the ~..~alvlsion requirements end with the pro.els of the City eff~tlng the territory in ~ich the prop~ed subdlv;slon lies. S~ion II. Definitions For ~e ~r~e of this ordinance, certain terms end w~ds are h~ith defln~ es fei (a) Plats A map. drawing, or chart on ~tch the subdlvlder~s plan of the subdtv~n l~ oresented and ~ich he submits for approval and intends in final f~m to r~ord. (b) ~s A street eh~n a; a m.J~ street on the t~ Street Plea edopt~ty Planning ~mmlselon, or a street d~lgnated by the City C~ncll as a ma~ street. (c) Subdivisions For H,e purpose of these regulations, · subdlvl~ion of land Is I) the division of lend into two (2) or ~re lots, sites or parcels/ .......... : -~,.,- ~.. ~ 2) ~fabllehmenf or dedlcetl~ of ~ road, hlghway, street or alley through a tract of lend regardless ~f creel ~) divl=t~ ~ ;end h~etofore divided or platted Into late, sites, ~ ~arcels, provlded~ however~ that the sale or exchange of smell parcels of land to or ~efween adjoining property m~ner;, where such ~;le ~ exchange does not create addlti~el lot~, shall not be considered as e eu~vl~l~ of lend; or ~) any eree of lend else coneld~ed a subdivision of acreage tn excess of I0 O~ers of tracts of lend In exce~s of !0 acr~ shall be permitted to Into tracts of not less then I0 acres, unless the Intention Is to subdivide and develop · subdivision in accordance ~;th this ordinance. ORDINANCE NO. II (d) Alley: A minor way, dedicated to public use, which is used primarily fo~ vehicular access to the back or the s~de of properties otherwise abutting on a street, (e) Block= A piece or parcel of lea; eat rely surrounOe~ by pubi;~ h;vh- ways, stree-T~'~,',streams, railroads, rights-of-way, or park3, etc,, or a combi- nation thereof, (f) CUL-DE-SAC: ^ street having one end open fo traffic and being per- manently tbr'mlnated by e vehicle turnaround. (g) Easement: A grant by the property owner to the public, a corporation, or persons, of the use of a strip of lend for specific purposes. (h) In~rovements~ 5treat pavements, with curbs and side-walks, pedestrian ways, water maihs', Sanitary and storm sewers, permanent street monuments, trees and other appropriate Items. (I) Lot: ~ portion of a subdivision, or other parcel of land, intended es e un;; o'il~ h'ensfer of ownersP!p for development, (J) Cros..sweik: A right-of-way dedicated to public use, which cuts eoro~s a block to ~eC)lltafe pedestrian access to adjacent streets and properties. (k) Streets A right-of-way, dedicated to public use, or a =rivets right- of-way aervn-ng~re than one ownership, ~hlch provides principal veh~ular and pedestrian access to adjacent properties. (I) Subdivider~ A person, firm or corporation undertaking the subdividing or the re~ubdivlding of · lot, tract or parcel of land Into two or more lots, o~ otn~r divisions of land for the purpose of transfer of ownership, or development whether Immediate or future, Including all changes in street or lot lines, Section II1.. Jurisdiction and Procedure (e) It shall be unlawful for any person being the owner, agent or person having control of any land w~thln the City of Kens! t~ =ubdlvide or lay ~ut auc~ lend ~n lots unless by e plat, In accor'.dar~e with the regulations contained herein, A prellmlnary plat shell first be subeltfed to the Planning Commission for approval or disapproval. If the Planning Commission approves the preliminary plat, fha subdivider may proceed with the preparation of the final plat and with fha Inst~ltation of improvements. The +Inal plat shall also be submitted to the Planning Commission and if approved It shall then be submitted to the City Council for final action. If either a preliminary or final plat is disapproved by the Pl&nnlng Commission, It may be approved by a three-fourths (~/~) majority vote of the City Council. No plat shell be recorded and no tots shall be sold from such plat unle~e and until approved as heroin provided. ORDINANCE NO, il I (b) The design and layout of all subdivisions shall conform with the requirements of Section VII hereof. The subdivider shall submit a preliminary plan in accordance with the speclflcefions of 3action IV hereof. Following approval of the preliminary plan, the subdivider shall ~nstell the minimum In accordance with the requirements of Section VIII hereof. Upon approval of improvement installations or arrangements therefor, the final plat shall be submitted In accordance with fha provisions of Section IV hereof. Section IV. Dele Required Upon P~ellmlna[y and Final Plans A, P~elimlnary Plan Whenever any person desires to subdivide land into building lots or to dedi- cate s~reets, alleys or land for public use, he shall submit three coples of the I~'elimlnary sketch plan to the PlafintngCommlssion before submission of fha final plan. Plats c¢~teinlng three lots or less may be exempted from the pro- vtslons of this section. The preliminary plan shall show; (i) The location of present property and section lines, streets, buildings, lakes and water courses, (2) Any existing water mains and culverts wltnln the tract or l~medlately adjacent thereto. The location end size of the nearest water main are to be indicated in a general way upon the plat. (5) The proposed location and width of streets, alleys, lots, building end setback lines and easements, (~) The title under which the proposed subdivision Is to be recorded and the name of fha subdivider platting the tract. (5) The names end adjoining boundaries of all adjoining subdlvlslons and the names of recorded owners of adjoining parcels of unsubdivlded land and vlclnlty sketch et a legible scale, (6) Nerrn point, scale end date, Approval or disapproval of the preliminary plat will be conveyed to the sub- divider in writing within five days after the meetlng of the Planning Commission st which such plat was considered° In case the plat is disapproved, the subdivider shall be notified of the reason fo~' such action and what reaulrements will be necessary to meet the approval of the Commission. The approval of the t~'elimlnary plat does not constitute an acceptance of the subdivision, but Is deemed to be ORDINANCE NOn I I q an authorization to proceed with the preparation of the final plat, This aDproval of the preliminary plat shall only be effective for a period of six (6) ~nths unless an extension is granted by the City Plannlng Co~misslono If the final plat has not been sub~i~ted for approval within this period, a nrellminary plat · ust again be submitted to the Commission for approval. C. Submission After approval of the preliminary plat, the subdivider shall prepare and submit to the Commission a final plal for recording purposes, together with other supplementary lnfermation and certificates, Said final plat shall be sub- miffed to the Secretary of the Commission at least eight (8) days prior to a regular meeting of the Commission. D. Final Plat The final plat on tracing c lot~ and four (b) prints thereof together with copies of any covenants where such restrictions ere too lengthy to be shc~n on the plat, shall be submitted to the Planning Commission. The final plat te to be dream at a scale of not more than IO0 feet to the Inch from an accurate survey. If more then two sheets are required, en index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and the areas shown on the other Shests. The final plat shall show: (!) The boundary lines of the area being subdivided with accurate dis- tances and bearings. The correct legal description of the property being subdivided shall be shown on the plato (g) The lines of all proposed streets and at!eye w~th their widths and names. (~) The accurate outl;ne of any portions of the property Intended to be dedicated or granted for public use. (~) The lines of ed~otnlng streets end alleys with their widths and names. (~) All lot lines together with an identification system for all lots and blocks, (6) The location of all builaing lines and easements provided for public uae, aervlces or utilities. (?) All dimensions, both linear end angular, necessary for locating the bounder[es of the subdivision, lots, streets, alleys, easements, and other areas for,public or private use. Linear dimensions ere to be given to the nearest 1/100 of a foot. EX~/~PLE OF STATEII~ENT TO .~_C. OI.'-J~At~Y THE FINAL PLAT This is a subdivision of all that part of the half of Section To~nshlp Range described as fol~6bs~ half of tr~e · more particularly Beginning at e point feet north of and feet West of the corner of the quarter (I/~) of Secti6n Township ' ' Range -s~id"'pdlnt being on the 1Tne";'~r- ~ .... ~ ..... Sout~ ~'~orth feet; thence East feet~ .m.~ feet to a pot~f"~n"the North line of said ' ; thence West along the North line of a dls;'ance of feet to the point of beglnnlng. The undersigned proprietor of the above described tract of lend has caused the same to be subdivided In a manner shown on the accompanying plat which sub- division shell be known as subdlvlslon. Easements - An easement or license is hereby granted to Kenal City, Alaska to locate, construct and ffmlntsln or euthor tzo the location, construction, maintenance and use of conduits for all end any prupose, water, gas, sewer mains, poles and wires of all or any of thom over, under end along the strips ~rked '~tlllty Easements". Streets - Streets shown on this plat not heretofore dedicated to public use are hereby so dedicated. Building lines - Building lines or setback lines are hereby established as shown on the accompanying plat and no building or portion thereof shell be built between this line and the street, IN TESTIbIONY ~"~,ER£O~;s has caused these present to be signed by Its President end 'i't~ ~al'to be affixed this , day of .... ,,,, 19 · By~ State of Alaska City of On this day of , 19 , before me apoeared " to ~e ~e~-~onelly kno-;;, who being by me duly sworn' dld'sa~ that he"is t~e president of ..... . and the seal ~s s~ed end Geeled etru~nt to be the ~ree ~t ~nd IN tglTf;$$ 114F~q£G~ I have hereunto set my hand e~d affixed ,Ny notarial seal ---Notary P~ol i~ ' City Planning ~IsGions ~ounclls Thi~ Is to certify that the within plat wee duly aubmttted to and ap~-oved by the Council of Kens! City, Alaska, ~y re~olution nueber duly authenti- cated ea paee~ fhl~ day ~ City Clerk The rao;I, ~rcs.~ chord~,, ~ints of tangency and central angles ~.urv; linear streets and radi; for rounded corners, (9) The location of all ~urvey ~onuments and bench marks together with ih oach subdivision located et or near tho outer corner~, (I0) The narr~ of tho ~ubdlv;eton0 the ~cele of the plat, points of the compass, and name end address of ~#ner or owners or subdivider, (11) The certificate of the registered ~urveyor attesting to the accuracy of the survey and the correct location of all monuments shown, (1~) Any privets re~tricflon~ a~d frugtee~hlp~ and their periods of exist- once, Should fho~e re~trictions or tru~teeehip~ bo of such length as to make their lettering on the plat impracticable and thus nece~==it~te the ~/eperat!on of e separate Inetrument~ reference to ~uch instrument shall be mede on the ple~, (1~) Acknowledgement of the owner or ~#ner5 to th~ plat a~d rettrictions, including de~icetlon to public uso of atl ~tree*s, alloy~, parks or other open space~ shc~en thereon end tho ~r6nttng of easements required. (i~) Statement dedicating all easements, (1~) Statement dedicating ell streets, alleys and other public areas not prevlgusly dedicated, (16) A receipt showing that ell legally due taxes have been paid, (17) Space for certificates of approval to be filled In by the elgneture~ of t~ Chairmen end Secretary of tho City Planning Co~leslon, the City Engineer or hie equivalent under contract by the City and the City Clark, Sg~f~on V, ,, ~ll~ngFee The final plat shall be accompanied by a required fete in the amount ten dollars ($10,00), plus one dollar ($1.00) each for tho first ten lots, plus ~0 canto for each tot thereafter, tho maximum fee not to exceed fifty dollars ($50,00), Section Vl, Submloslon fo Clt~ Coun¢;I Aft~ review cf tho ftnal plat by the City Planning Commission, such final plat, together with the recommendation of the Com~lssio~ shall be ~u~mitted to the City Council for approval, If accepted, the final plat shall bo approved by Resolution, which Reeolutlon shall provide fo~ the acceptance of a~l streeta~ alleys, eaoement~ or other pubitc way~, a~d parks or other open spaces dedicated to public purposed, - 157 - 0~1) I tJANCE 110, If tho Commission re,acts ~r withholds approval of = plat, the subdivider may request that sa~d plat be sub~;tted to the City Council, The Secretary of the City ~Janning Co~misslon shall forward the proposed plat together with ....... ' ' =.~ ..,~ thu Feast3 o, ru~3on~ for the action taken, The City Council may make such finding~ and determinations as are deep, ed prope~o Section VII, Subdivision Design Standards As Relati_ons_hlp to Adjoining Stree~t Sy~fe~m The arrangement of =treat3 in new sub~tvlsion~ ~hall make l~'ovlelons ~he continuation of the principal existing streets in ad~o;nlng areas (or their proper pro~ection where adjoining land is not subdivided) Insofar as they may be d_m~d necessary by the Co~mis~ion for public requirements. The width of such streets in new subdivisions ~hall be not less than the minimum widths e~tablished herein, The ~treet end alley arrangement shall be such as not to cause a hardship to owners of ad~olning property when they plat their o~n land and seek to provide for convenient access to it. Off-set ufreets should bo avoided, S~reets obviously in alignment with exlst~ng streets shall beer ihs names of the existing streets, All proposed street names shall be checked against ~upllcetion of other street names, 8. Str~eet_ and Alley Widt~ (I) The widths of ma~or highways shall conform to the wtdtha designated on the tM~or Street Plan. (~) The mini~am width for minor streets shell be 60 feet. A wider street width ~ay be required where the storm water is accommodated in an open ditch or in ditches along the pavement. When minor streets adjoining unsubdlvlded pro° perry, a half street~,-* ,~,r---* ~0 feet ~-,,, width may be d.-~Jiceted ~d whenever sub-divided property ~. s . a, jo.n~ a half street, the remainder of the street shell be dedicated. (~) Alleys are not recommended in single end two-family residential districts; and when provided, a minimum width of 20 feet shall be required. Alleys are required in ~h,t roar of otl buoinos~ lots and shall be et least 20feet wide. C · Easements Easements of at Ioas~ ton foot in width shall be provided on each side of rear lot lines and along ~;de lot Ilne~, where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water or other mains. Wherever possi- ble, lot lines shall bo arranged to bisect the exterior angle so that pole guy~ - f58 - ORDINANCE NO, II will fall along side lot tines. Easements of greater width may be requires along or across lots where necessary for the extension of main sewer~ or other uflllfies or where both water and sewer lines ere located in the same e~menf. D · BlOcks (I) No block shall be longer than 1,200 feet. 1,000 feet in length, e crosswalk at least 10 feet near the center of the block. Where blOcks are over in width may be required (2) In platting residential lots containing less than 10,000 square feet, the depth of the blOck should not exceed twice the minimum width allowed under the zone district in vA;ch the lot ls Iocafedo (5) t~ere a tract of land is such size or location es to prevent a lot arrangement directly related to e normal street design, there may be established one or ~ore courts, dead-end streets, or other arrangeeants, provided however, that proper access shell be given to ell lots from a dedicated street or court. A dead-end street shell terminate in an open space (preferably circular) having a minimum radius of 50 feet. A dead-end street shall not exceed 1,000 feet In length. Eo Lots (!) The lot arrangement and design shall be such that all lots will pro- vide satisfactory and desirable building sites, properly related to topography and the character of surrounding development. (2) Ali side lines of lots shall be et right angles fo straight street lines and radial to curved street lines except where a varlafion to this rule will provide a better street and lot layout. Lots with double frontage shall be avolde~. (~) No lot shell have an area or width less than that required by the ordinance. (~) Where corner lots back upon lots facing the side street, the corner lot shell have extra lo foot width sufficient to permit the =~tabltshment of front building lines on both the front and ~ide of the lots adjoining the streets. (5) In aubdlvistons vd~ere seotic tanks ~- other Individual sewage dtsposal devl~es are to be |~tatled, the size of all lots included In such subdlvlslon shell be sub,eot to fha approval of the City Sanitarian of the City o~ Kenal. ~e approval of the City Sanitarian shall be based upon the Alaska State Board of Health requlrements. He shall noilly the developer and the City Planning Commission, In writing, of h;~ findings. - 159 - ORD I NANCE NO. I I The subdivider shell c^n;o~ with the Co~isslon re§aruing the type end character' cf dcv~!-'~m~f fh~f will b~ ~ermitfed in the subdlvisi~ and may agree to place certain mlnJ~um restrictions Ul~On the property to I~event the construc- tion of substandard buildings, control the type of structures or the use of the lots ~hlch, unless so c~h-ol~ed, would cie=fly aepreciete the ch~-act~ and value of the p~oposed ~ubdJ~.~sion and ~ adjoining Drooerty, Core,tents running ~tth the land ~y be included t~ provide for the creetlon cf a P~ope~ty ~s* Ass~ietlon or Board of T~usteo= f~ the Proper protection and ~intenance of the deveiop~nt in fha future, provided, h~ev~, fhe~ such covenants shall not c~ta;n reversionary cl~u~o~ ~herein any lot shall return fo the ~ubdivid~ be- cause of a violetJo~ fheceon of the fe~ of the covenants, Parks, School Sites, Etc. In subdividing propu;-ty, ccnsideretlon shall be given to suitable sites for schoet;; parks, playgrounds, and other co~on areas for public use so as to con- form to any recom=endeti=n~ o~ the City Plan. Any provision for schools, parks and p!~ygrounds should b~ indicated on the preliminary plan in order that it may be determines when cad in whot manner such areas will be provided or acquired by the appropriate taxing agency. H. Easements Along Streams Whenever any strea~ ~r important drainage course is located in an area v/ntch iS being subdivided, th= subdivider shall provide an adequate easement along each side of the stream for fha purFose of widening, deepening, sloping, improving, or protecting the stream for drclnage purposes, Se~.~,lon VIII:_ gtnimum Improvements Requi[ed Receipt of the signed cosy of the approved preliminary plan is authorization for the subdivider' to proceed with the preparation of plans ~nd specifications for the following minimum improvements and with the preparation of the final plat, Prior to the con~truct;o~ uf any improvements required (or fo the sub- mission of a bond in lieu thereof), the subdivider shell furnish the City Plan- ning Commission all plans, ;nformatlon and data neceusary to determine the character of said i~pr~vcm~nts. .These plans shell be examined by the City Engineer or e professional engineer under contract to revicee ell subdivisions by the Planning Commis~ion, ~nd will be approved if in accordance with the quirementa of this sectio4. Foilowlttg [hlc approval construction can be ~tarted (or the amount of a bond dofarnlned). No final or of;ici~l pi~t of any subdivision shall be approved unlesss The improvement~ listed in the following subsections have been - 16o - ORDINANCE Naa I1 (b) The subdivider shall file with the City Clerk a surety bond, cashier's check or a certifieG check upon an Alaskan bank conditioned to secure the con- structlon of the tmporvements listed in the following subsections in a satis- factory manner end w~fhin ~ per~od spsci~ied hy the City Council, but such oer iod shall not exceed two years. N~ such bond or check shall be accepted unless it be engorceable by or Payable to the City in a sum at least equal eo the cost of c~xtstructlng the i~rovements as estimated by the City Engineer or his equivalent under contract by the City, and in form with surety and conditions approved by the City AttOrney. I. Street. Improvements All street and public ways shall be graded to their full width, and to the appropriate grade and shall be surfaced to a mlni~um width of thirty (50) feet in accordance wlth applicable standard specifications of the City, end all streets in any subdivision that the City Planning Commission shell designate as major streets shall be surfaced to a minimum width of forty (~0) feet. The cross section of construction shall contain non-frost susceptible meterlel to the depth of J4~" from appropriate grade, and in the absence of any other specified depth by applicable standard specifications of the City. Such construction shall be sub,eot to inspection and approval by the City Engineer or his equivalent under contract by the City, and shall comply w~th all applicable City standards for co~struction. 2. Sidewalks Concrete side~alks, not less than four (}4) feet in width, shall be con. structed along at lee~t one side of all ma~or streets and arterial streets. The Pi~nlng Commission may also require the construction of sidewalks along at least one aide of minor streets. (In subdivisions o~ I0 lots or less, the subdivider wi I I include a covenant on the recorded olaf that ~hen an ~nt district is ~ermed, the real property i,wolved will be a I~ert of the improvement district without further action by the then owner of the property in question.) Water Lines In subdivisions of I0 or more lots an approved public wafer supply shall be provided for each lot within th~ =-hd;u;~;On eras. F~rc ~fdrants shall a!so be installed in al~ subdlv;sions and in accordance with the specifications of the National Board of Fire Underwriters. (In subdivisions of I0 lots or less, the subdivider ~lll Include a covenant on the recorded plat that When an improve- ment district is formed, the real property involved will be a part of the improvement district without further action by the then owner of the property In question.) - 161- ORDINANCE NO. II ' S~,~;t~ry Sewers The subdivider she!! install sanitary sewer lines to serve each lot. All such sewer lines shall be constructed in accordance with regulations and re- quirements of, and under H~e supervision of the City E~gineer's office or his equivalent under contract by the City, if such sanitary sewers are available for co~ecf;on by the said subdivider and are located within 1500' of fha sub- divlderts nearest lot llne. 5- ~ralnaqe All necessary fecil;fles, either underground pipe or drelnage ditches shall be installed to provide adequate disposal of surface water and to maintain any natural water courses. (c) In ?he event a subdivider is unable fo comply with the requirements of this section, then any plat shall contain a covenant that all of the lots In any subdivision, as defined in this ordinance, shall be subject to assess- ment for any of the Improvements required herein ~en tn~tslled at e future time by the City. Section IX. Variations and Exceptions ttthenever the tract to be subdivided is of such unusual size or shape or ls surrounded by such development or unusual conditions that the strlcf appli- cation of the requirements contained in these regulations ~ould result in real dlfflculfles or substantial hardship or ln~usflce, the City Council, after re- port by the Planning Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that af the same time, the public welfare and interests of the City and surrounding areas are protected and the general Intent and spirit of these regulations preserved. S~ct Ion X. Enforcement (a) No plat of any subdlvlslon shall be qualified for recording In the Office of the District t/lagistrate of the State of AlaSka or have any validity until It shell have been approved In the manner prescribed herein. (bi The City Council shell not permit any public Improvements over which It has any control to be made, or any money expended for Improvements In any area that has been Subdivided or upon any street that has been platted, after the date of the adoption of thls Ordinance unless such subdivision or street has been approved In accordance with the provisions contained herein, ~.~:'.j~ANCE NO. II 5~.t,!~n Xl. _Cha~ges. an~ Amend=e~n~ Rny regulations or provisions of this Ordinance may be changed and amended from time to time by the City Council, provided, however, that such changes or amendments shall not become effective until after study and report by fha Plan- ning CoauaIssion and until after a public hearing has been held, public notice of wl~ich shai; have been ~tvcn in newspaper ~ general circulation at least fifteen (12) days prior to such hearing and posted in the City Hall. $,ectl~n XlI., .~alldlty If any section, subsection, sentence, clause, or phrase of this Ordinance Is for any reason held fo be unconstitutional ~r void, such decision shall not effect the validity of the remaining portions of this Ordinance. Se~,tlon X,I,I~. When_ Effective This Ordinance shall be in full force and effect after its pe=;ag~ and publication, as provided by law. ? taayor Passed: Attest, ~anuary iO, 196~ Clty Clerk