HomeMy WebLinkAbout2013-09-11 Planning & Zoning Packet (amended)COMMISSION CHAIR REPORT
September 11, 2013
REGULAR COMMISSION MEETING
CHANGES TO THE AGENDA BY:
ADD:
Amended Agenda:
Administration
F1 - Reschedule the 17ansitional Housing work session from
the September 25th Planning Commission meeting, to the
October 9th meeting, work session will be held from 6 -7pm.
G2 - Review Kenai Peninsula Borough Subdivision Code
rewrite & provide comments to Administration.
K2 - Planning & Zoning Commission Contact List
CITY OF KENAI
PLANNING & ZONING COMMISSION
AMENDED AGENDA
CITY COUNCIL CHAMBERS
September 11, 2013 - 7:00 p.m.
A.
CALL TO ORDER
1.
Pledge of Allegiance
2.
Roll Call
3.
Agenda Approval
4.
Consent Agenda
5.
*Excused Absences
*All items listed with an asterisk ( *) are considered to be routine and non-
controversial by the Commission and will be approved by one motion. There will be
no separate discussion of these items unless a Commission Member so requests, in
which case the item will be removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General Orders.
B. *APPROVAL OF MINUTES
1. *August 28, 2013
C. SCHEDULED PUBLIC COMMENT (10 Minutes)
D. CONSIDERATION OF PLATS
E. PUBLIC HEARINGS
F. UNFINISHED BUSINESS
1. ACTION — Reschedule Transitional Housing work session from the September
25th meeting to the October 9th Planning & Zoning Commission meeting, work
session will be held from 6 -7pm.
G. NEW BUSINESS
1. ACTION — Schedule a Work Session with Stephanie Queen, Soldotna City
Planner, with regard to Soldotna's Storefront Improvement Program.
2. ACTION — Review Kenai Peninsula Borough's Chapter 20 Subdivision code draft
rewrite, and provide comments to Administration by the September 30, 2013,
H. PENDING ITEMS
I. REPORTS
1. City Council
2. Borough Planning
3. Administration
➢ Discussion — Agenda order
J. PERSONS PRESENT NOT SCHEDULED (3 Minutes)
K. INFORMATION ITEMS
1. Kenai River Center Permit for Bank Restoration — Kenai Landing, Kenai, AK
2. Planning & Zoning Commission contact list
L. NEXT MEETING ATTENDANCE NOTIFICATION
➢ September 25, 2013
M. COMMISSION COMMENTS & QUESTIONS
N. ADJOURNMENT
I -
�� IlVilla e with a Past Gi with a Futur'e��
, 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIIt
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KENAI, ALASKA 992
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MEMO:
TO: Planning & Zoning Commission
FROM: Nancy Carver, Acting City Planner
DATE: September 10, 2013
SUBJECT: Transitional Housing Work Session
Due to a scheduling conflict, Administration is requesting the Transitional Housing Work
Session be rescheduled to the October 9, 2013, Planning & Zoning Commission
meeting.
Does the Commission agree to reschedule the meeting?
M
CI
IlVillage with a Past, Ci� with aFuture'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111.E
1992
MEMO:
TO: Planning & Zoning Commission
FROM: Nancy Carver, Acting City PlannAv
DATE: September 10, 2013
SUBJECT: Kenai Peninsula Borough Subdivision Code Rewrite
The Borough Platting Officer has requested your review and comments on the
Borough's Chapter 20 Subdivisions — Code Rewrite DRAFT.
The City's KMC 14.10 Subdivision Regulations is also outdated. This might be the
perfect time for the Commission to schedule a work session to amend the City's
Subdivision Code.
Comments will need to be submitted to Administration by September 30, 2013.
P KENAI PENINSULA BOROUGH
1E PLANNING DEPARTMENT
a 144 North Binkley Street • Soldotna, Alaska 99669 -7520
PHONE: (907) 714 -2200 • FAX (907) 714 -2378
Toll -free within the Borough: 1- 800 - 478 -4441, Ext. 2200
www. borough. kenai.ak. us
MIKE NAVARRE
BOROUGH MAYOR
TO: Advisory Planning Commissions — Anchor Point, Cooper Landing, Hope /Sunrise, Moose
Pass
Cities — Homer, Kachemak City, Kenai, Seldovia, Seward, Soldotna
FROM: Paul Voeller, Platting Officer
DATE: September 5, 2013
RE: Chapter 20 Subdivisions — code rewrite DRAFT
The last major revision to the Borough subdivision code was written in 1978. The population of the
Borough was 25,281 in 1978, less than half the 2012 population of 56,900.
With the changes the Borough has seen in the 35 years since that rewrite, portions of the code have
become outdated, confusing or inapplicable. With this in mind, the Planning Department staff began a
process to update and modify the code. Over the past year, a committee of Planning Department staff and
the assistant borough attorney worked to put together a draft revised code. This was taken to 3 Planning
Commission public work sessions. The surveying and engineering communities were urged to attend and
provide their input. Their technical suggestions were then considered in the revision process.
The revised code is scheduled for the first of two public hearings by the Planning Commission on October
28, 2013. Your review prior to that date is being requested. The deadline for submittal of comments to be
included in the Planning Commission's October 28 mailout packet is Thursday, October 17, 2013.
Comments received between that date and the October 28 meeting date will be included in the Planning
Commission's desk or laydown packet. If you choose to schedule a meeting to review the proposal,
Planning Department staff will be available to attend the meeting to answer questions, if requested. A
second Planning Commission hearing will be scheduled for November 12, 2013, at which time they will
make a recommendation on the adoption of the code. That recommendation will be forwarded to the
Assembly, who will hold hearings prior to consideration of an ordinance adopting the revised code.
Included in your packet of information is:
1. The sectional analysis, a document in chart form which briefly describes the changes to each
subsection in each chapter of Title 20.
2. The proposed code with all changes incorporated.
3. The informal summaries of all 3 work sessions, including some of the suggested changes based
on the input at those work sessions.
4. An addendum, detailing some revisions, additions /corrections needed.
Packets to the chair also include:
5. A loose set of documents for copying if needed.
Please feel free to contact me ( or 907 - 714 -2212) or Maria Sweppy
(msweppy@borough.kenai.ak.us or 907 - 714 -2202) if you have questions or need additional information.
Thank you for your participation in this process.
SFP 9 2013 ';
September 6, 2013
Addendums and corrections:
SECTIONAL ANALYSIS
20.60.070 Plat specifications .
This should include the following: To accommodate current copying standards, 12" x 18" inch size
allowance is replaced by 11" x 17 ".
20.70.050 Petition — Information required.
This should include the following: Subsection D is added clearly indicating the requirement that
comments from the city Advisory Planning Commission must accompany the petition for vacations
within city limits.
CHAPTER 20
20.10.050. Plats- Required when —Waivers.
This should include the words shown in bold:
D. Upon satisfactory showing by the subdivider that all provisions of KPB 20.10.050 (A), (B),
and (C) have been met, the plat shall be granted a waiver of platting regulations ....
20.60.220. Administrative approval.
Following "...,or;" at the end of (13)(2), there should be a final numbered condition:
3. The planning director determines there are other conditions to support referral to the
commission.
20.70.130. Vacation plat — Preparation, approval and recording.
The code citation in this section is incorrect — KPB 20.10.090 should be replaced with KPB 20.10.080.
CHAPTER 20
PROPOSED REWRITE SECTIONAL ANALYSIS
Explanation of chapter changes by section
b KENAI PENINSULA BOROUGH
144 North Binkley Street • Soldotna, Alaska 99669 -7520
o Toll -free within the Borough: 1- 800 -478 -4441
PHONE: (907) 262 -4441 • FAX: (907) 262 -1892
www.borough.kenai.ak.us
MIKE NAVARRE
BOROUGH MAYOR
Wo
MEMORANDUM
Mike Navarre, Borough Mayor
FROM: Holly Montague, Deputy Borough Attorney
Max Best, Planning Director
Mary Toll, Subdivision Consultant
DATE: *, 2013
SUBJECT: KPB Title 20 Sectional Analysis
CHAPTER 20.10 GENERAL PROVISIONS (Former KPB 20.04)
20.10.010 (20.04.010) Purpose of provisions.
The chapter number has changed in this section.
20.10.020 (20.04.020) Statutory authority.
This section is updated to reflect current citations
to Title 29 of the Alaska Statutes.
20.10.030 (20.04.030) Violations and Remedies.
The title of this section is changed to more
[JURISDICTION OF PROVISIONS AND COMMISSION.]
accurately reflect its content. The content of the
section is revised to be consistent with current
a licable Alaska statutes.
20.10.040 (20.04.070) Abbreviated plat
This section is relocated within the chapter for
procedure.
more appropriate lacement.
20.10.050 (20.04.040) Plats - Required when-
This section is revised to track language in
Waiver.
current state statute.
(20.04.045 Survey and monumentation waiver.)
This section is deleted. See 20.60.200 for survey
and monumentation requirements. Any waiver
or reduction in survey and monumentation
requirements would be sought through the KPB
20.60 exception process.
[20.04.050 DEED OF RECORD BOUNDARY SURVEY
This section is repealed as unnecessary. State
PLAT.]
statute governs records of survey which are filed
directly with the state, cannot subdivide land, and
are not submitted to the borough platting
August 28, 2013
Paee 2 of 12
CHAPTER 20.20 PRELIMINARY PLATS (Former KPB 20.12)
authority for approval.
20.10.060 (20.04.060) Illegal subdivisions.
This section number is updated, and it is clarified
designee are eliminated as planning director is
that owners within an illegal subdivision may
defined as including the director's designee.
apply to have the subdivision validated and that
Additionally, formatting, sentence construction,
the proposal must meet the criteria of Title 20.
20.10.070 (20.04.080) Right -of -way acquisition
The citation form is corrected in this section and
plat.
cross references to citations are updated.
language is used in this section.
Subsection (C)(3) is changed to require relevant
The section number is updated.
agency review such as DOT (if intersection with
a state - maintained road) and affected utility
Grammar is corrected in this section. The title is
companies. Wording is added in subsection
updated. The chapter is revised to reference the
(C)(1) to require agreement to the planning
borough schedule of rates, charges, and fees.
commission meeting review date by the planning
Cities are delegated limited platting authority to
department and the submitter. Wording is added
adopt their own subdivision regulations, which
to clarify that survey and monumentation is
required.
20.10.080 Right -of -way vacation plat
A new section is added to include a procedure for
a right -of -way vacation plat. Vacations are
approved by the planning commission, requiring
concurrence of the assembly or appropriate city
council; the sole purpose of the plat is revising
the public record to memorialize that approval
and depict the right -of -way's attachment to the
adjoining property pursuant to AS 39.40.160, an
administrative process for review and approval
since the planning commission and assembly
have already approved the vacation.
20.10.090 Municipal entitlement acquisition
A new section is added to provide a streamlined
plat.
plat process when the sole purpose is to survey
and plat lands for the transfer under municipal
entitlement from the State to the Borough.
CHAPTER 20.20 PRELIMINARY PLATS (Former KPB 20.12)
20.20.0 10 Preliminary application conference.
The references to the planning director's
(20.12.0 10 Preliminary discussion — Purpose.)
designee are eliminated as planning director is
defined as including the director's designee.
Additionally, formatting, sentence construction,
and grammar revisions are made.
20.20.020 (20.12.020) Compliance with certain
The citation form is updated and gender neutral
provisions required.
language is used in this section.
20.20.030 (20.12.030) Prints -Type and number
The section number is updated.
to be submitted.
20.20.040 Fee required. (20.12.040 Fee
Grammar is corrected in this section. The title is
required when.)
updated. The chapter is revised to reference the
borough schedule of rates, charges, and fees.
20.20.050 (20.12.050) Subdivision or replat in
Cities are delegated limited platting authority to
first class or home rule city submittal procedure.
adopt their own subdivision regulations, which
August 28, 2013
Paee 3 of 12
codifies current practice. This section is revised
to clarify procedures for subdivisions in a first
class or home rule city. Major changes from an
approved preliminary plat that appear on a final
plat submittal will require additional city review.
Other proposals that require city review have
been added: vacations, abbreviated subdivisions,
and plat waiver subdivisions.
20.20.060 (20.12.055) Subdivision or replat in
The citation form is updated in this section.
second class city submittal procedure.
20.20.070 (20.12.060) Form and contents
Grammar is corrected in this section and citation
required.
form is updated. Other revisions make the
process consistent with the process for first class
and home rule cities.
20.20.080 Petition required. (20.12.070
This section sets forth the requirements for a
Statement required when - Contents.)
subdivision petition. The section was renamed to
reflect that a petition is submitted. Grammar is
corrected. The petition must indicate whether
the subdivision will be phased. A certificate to
plat is required with the preliminary submittal to
verify interests such as ownership, beneficial
interest holders, legal description, and special
easements.
20.20.090 Notice to affected property owners.
A new section is added to incorporate the notice
requirements of PC Resolution 2000 -25; the
requirements comply with statutory requirements
for notice. A subsection is added to codify the
current practice of requesting reviews of
subdivision ap2lications from other agencies.
20.20.100 (20.12.080) Approval- Commission
The decision distribution requirements are
authority - Notification required.
slightly modified to conform to the practice of
providing notice of planning commission
decisions to interested parties and requiring there
be a written statement of reasons supporting the
planning commission's decision as required by
law.
20.20.110 (20.12.090) Approval- Scope-
The extension and the plat revision process is
Expiration restriction.
clarified to be consistent with the interpretation
of current borough code. Minor revisions of the
subdivision proposal at the time of final plat are
allowed. However, major revisions differing
from preliminary plat approval at time of final
plat are disallowed. Extensions to receive final
plat approval are acceptable if they are submitted
prior to the initial deadline for final plat
submittal. Phased subdivisions require through
streets to be dedicated in the first phase. Plats
that require State of Alaska approval have a four -
ear preliminary approval.
20.20.120 Review and appeal.
This is a new section which codifies the practice
August 28, 2013
Paae 4 of 12
of providing an appeal from the planning
commission decision regarding a subdivision to
the board of adjustment which is also consistent
with KPB 21.20 governing board of adjustment
procedures.
CHAPTER 20.30 SUBDIVISION DESIGN REQUIREMENTS (Former KPB 20.20)
20.30.010 (20.20.010) Subdivision standards
This section is revised to clarify that all
applicable.
subdivision applications are subject to the design
requirements of KPB 20.30.
20.30.020 (20.20.020) Reserved strips
In this section the numbering was updated and
prohibited-Exception.
citation form was updated
20.30.030 (20.20.030) Proposed street layout—
Numbering and citation form are updated. Fee
Requirements.
simple dedications are required with an
exception for agricultural parcels where
dedications may be public access easements.
The practice of requesting DOTPF comments
where subdivisions front state roads is codified.
20.3 0.040 Streets within 100 feet of
This section limits dedications adjacent to
waterbodies.
waterbodies unless necessary for access.
20.30.050 (20.20.035) Legal access.
The state marine highway is recognized as an
access point.
20.30.060 (20.20.040) Easements - Requirements.
This section eliminates the reference to "utility"
easements as the planning commission has the
authority to require various types of easements
such as for access and drainage.
20.30.070 (20.20.050) Lots on major streets-
This section number is updated.
Access requirements.
20.30.080 (20.20.070) Alleys.
Alleys are prohibited unless allowed by city
code.
20.30.090 Streets — Maximum grades allowed.
The title is changed to more accurately reflect the
(20.20.080 Streets— Grades required.)
contents of the section. The location and grade
for intersections is clarified. Wording is added to
support planning department requests for
centerline profiles and cross - sections when it is
determined they are needed to show that
compliant construction is feasible.
2030.100 Cul -de -sacs. (20.20.090 Culs -de-
Grammar is corrected, and subsections are
sac.)
added: Subsection (B) addresses hammerhead or
T -type turnarounds. Temporary turnarounds are
specifically prohibited on plats by Subsection
C).
20.30.110 (20.20.100) Half streets.
Half rights -of -way affect the adjacent landowner
since a match will be required to bring the
dedication to full width if and when they choose
to subdivide. Wording is added to make owners
of land adjacent to any half right-of-way parties
August 28, 2013
Page 5 of 12
of record where the half right -of -way was not
shown on the preliminary plat but was required
as a condition of approval. They will be sent a
copy of the planning commission minutes and a
sketch showing the conditionally required new
half right -of -way. Review of the conditional
approval may be requested in compliance with
2.40.080.
2030.120 (20.20.110) Streets -Width
The building setback requirement is relocated to
requirements.
20.30.210, a more appropriate location. Wording
is added to support requiring additional right -of-
way when needed to satisfy the borough road
construction standards of Title 14.
20.30.130 (20.20.120) Streets -Curve
Wording is changed for clarification, and a
Requirements.
requirement is added for labeling non - tangent or
non - radial curves. A requirement is added for a
minimum 100 -foot tangent between curves.
20.30.140 Streets— Prohibited curves.
The title is corrected to reflect contents of
(20.20.130 Streets — Reversed curves.)
section, and grammar is corrected. Reworded to
clarify the prohibition on reverse, compound, and
broken -back curves. The 100 -foot intermediate
tangent requirement for reverse curves of less
than 200 -foot radius is deleted since the
minimum curve radius is 200 feet.
20.30.150 (20.20.140) Streets- Intersection
For safety purposes, replaced language that
requirements.
encouraged 3 -way intersections with specific
prohibition against offset intersections. New
subsection (C) limits intersections with arterial
streets or state - maintained rights -of -way to those
that are required for safe access consistent with
Title 14. New subsection (D) requires that the
intersections in subsection (C) be designed to
comply with AASHTO standards.
20.30.160 (20.20.150) Streets -Name
This section is reworded to require conformity
requirements.
with KPB 14.10 (Street Naming Methods).
20.30.170 Blocks — Length requirements.
Block lengths are changed to work with the
(20.20.160 Blocks — Length requirements—
aliquot part dimensions of sections. Wording is
Generally.)
added to clarify how block lengths are to be
measured.
20.30.180 (20.20.170) Pedestrian ways required
The section number was updated.
when.
20.30.190 (20.20.180) Lots — Dimensions.
"Average" is added to width and depth to clarify
calculation of the 3:1 ratio. Wording is added to
address design and use of the access portion of
flag lots — the length is limited and the area
within the access portion must be suitable for
access under the standards of Chapter 20, may
not be used for wastewater disposal area, and
may not be used for permanent structures.
20.30.200 (20.20.190) Lots — Minimum size.
"Sewage" is changed to "wastewater" throughout
August 28, 2013
Paee 6 of 12
CHAPTER 20.40 WASTEWATER DISPOSAL (Former KPB 20.14)
the section. Wording is added to require that
Entire chapter is renumbered; citations are
substandard size lots designed to eventually be
corrected. Holding tanks are now allowed if
served by public wastewater and water systems
permitted by ADEC and if granted an exception
allowed in subsection (C) also include area for a
under KPB 20.60.
replacement wastewater disposal system.
20.30.210 (20.20.200) Lots — Access to Street.
Words added to specifically require frontage for
minimum lot size increase of 25 percent is
each lot on a fee simple right-of-way dedication.
20.30.220 (20.20.210) Lots —Side line
Reworded to require that "where feasible" lots
requirements.
must be designed to have side lines at right
angles to straight right -of -way frontage, or radial
to curved right -of -way frontage. While
promoting consistent lot design, this still allows
for variation based on terrain, existing status,
existing development, or other supporting
factors.
20.30.230 (20.20.220) Lots — Double frontage
Wording is added to clarify that corner lots are
prohibited when.
not subject to this restriction.
20.30.240 (20.20.230) Building setbacks.
Building setback information is placed in one
section of the code. Wording that specifies the
size of the building setback has been moved from
20.30.110.
20.30.250 (20.20.235) Building setbacks—
The section number is updated.
Within cities.
20.30.260 Unsubdivided remainders prohibited.
The title and contents are revised. Unsubdivided
(20.20.240 Unsubdivided remainder.)
remainders are not legally valid and are not
allowed.
20.30.270 (20.20.250) Different standards in
This provision is clarified to define that the
cities.
relevant design standards adopted by cities are
those specifically applicable to subdivisions.
20.30.280 (20.20.260) Floodplain requirements.
Defined FEMA by naming the agency.
Subsection (C) is added which requires that any
area located within the subdivision in the
floodplain, floodway, or Seward Mapped Flood
Data Area must be shown and labeled on the
plat. Subsection (E) is added which requires a
Floodway Notice on affected plats. Subsections
are re- lettered.
20.30.290 Anadromous habitat protection
Adds a plat note advising of the existence of the
district.
anadromous habitat protection district.
CHAPTER 20.40 WASTEWATER DISPOSAL (Former KPB 20.14)
20.40.010 (20.14.010) Wastewater disposal.
Entire chapter is renumbered; citations are
corrected. Holding tanks are now allowed if
permitted by ADEC and if granted an exception
under KPB 20.60.
20.40.020 (20.14.020) Wastewater system
Grammar and citations are corrected. A
review not required.
minimum lot size increase of 25 percent is
August 28, 2013
Page 7 of 12
CHAPTER 20.50 EXCEPTIONS (Former KPB 20.24)
required to qualify for the system review waiver
Moved location in code for better organization.
allowed by this section.
20.40.030 (20.14.030 ) Abbreviated submittal.
Grammar and citations corrected.
20.40.040 (20.14.040) Conventional onsite soil
Grammar and citations corrected. The working
absorption system.
map must now show areas suitable for both the
authority to grant exceptions to anything under
initial and replacement systems, as well as a
the title. Subsection (C) is added requiring
feasible well location and radius. The excluded
exceptions to be requested and approved at the
areas for wastewater disposal systems now
preliminary plat stage; they are specifically
include public access easements such as section
prohibited at final plat stage. This will require
line easements and the access portions of flag
more thorough preliminary plat submittals. New
lots.
20.40.050 (20.14.050 Alternate onsite
Grammar and citations corrected .
wastewater treatment and disposal.
20.40.060 (20.40.060) Onsite treatment systems
Grammar and citations corrected.
with individual marine outfalls.
20.40.070 (20.14.070) Connection to an existing
Citation corrected.
system.
20.40.080 (20.14.080) Subdivisions with no
Grammar and citations corrected.
wastewater disposal.
20.40.090 (20.40.090) Pollution abatement
Grammar and citations corrected.
report.
20.40.100 (20.14. 100) Soil analysis and report.
Grammar and citations corrected. Clarification
of required inclusions in the soils report have
been added. Subsection (K) is added which
requires ADEC approval for any system that
requires a waiver to 18 AAC 72 prior to
acceptance by the borough.
20.14.110 Definitions
Moved to KPB 20.90.
CHAPTER 20.50 EXCEPTIONS (Former KPB 20.24)
20.50.010 (20.24.0 10) Exceptions to
Moved location in code for better organization.
regulations— Procedure — Commission authority.
Wording is added which removes the conflict
created when exceptions are specifically
prohibited under the title but the commission has
authority to grant exceptions to anything under
the title. Subsection (C) is added requiring
exceptions to be requested and approved at the
preliminary plat stage; they are specifically
prohibited at final plat stage. This will require
more thorough preliminary plat submittals. New
subsection (D) is re- lettered accordingly.
CHAPTER 20.60 FINAL PLAT (Former KPB 20.16)
20.60.010 (20.16.010) Preparation requirements Entire chapter is renumbered. Cross - references
generally. are updated. Approximate dimensions shown on
August 28, 2013
Palle 8 of 12
a preliminary plat must be replaced with accurate
dimensions on the final plat. Reference to the
procedure under KPB 20.20.110 for phased
subdivisions is included.
20.60.020 (20.16.020) Filing —Form and number
Cross- reference updated. Determination of the
of copies required.
number of copies required is now made by the
planning director instead of being set by planning
commission resolution.
20.60.030 (20.16.030) Certificate of borough
Minor grammatical revisions are made.
finance de artment required.
[20.16.035 DEDICATION OF LAND FOR NONPUBLIC
This section is repealed as there are not "private"
USE.]
dedications. Private restrictions on land use are
handled through CCRCs or deed restrictions, not
through the public platting process.
20.60.040 (20.16.040) Dedication of public use
This section is revised to delete the reference to a
lands.
dedication being an irrevocable offer and the
final plat not constituting acceptance of the offer.
Alaska is a statutory dedication state. The
planning commission's acceptance of the final
plat is presumed to be acceptance of the
dedications. Further, an irrevocable offer to
dedicate is legally problematic as it requires the
owner to continue to pay taxes and restricts the
use of his land without the borough taking
ownership. If this process were actually used it
could lead to takings claims and clouds on title.
Additionally, the section is revised to require
formal acceptance by a governmental entity of a
platted dedication. This ensures the
governmental entity wants the dedication and
clarifies responsibility for the dedicated area.
20.60.050 (20.16.045) Dedication and
Subsection (A) is revised to delete an outdated
construction of anadromous waterbody crossings.
reference to AS 16.05.871.
20.60.060 (20.16.046) Dedications parallel to
Cross - references and section numbers are
waterbodies.
updated.
20.60.070 (20.16.050) Plat specifications.
Cross - references and section numbers are
updated.
20.60.080 (20.16.060) Improvements—
Grammatical revisions.
Installation agreement required.
20.60.090 Improvements —Other public
This is a new section that clarifies subdivisions
systems.
which have public water and wastewater systems
require documentation that the system is installed
and available to each lot.
20.60. 100 Reversion to acreage. (20.16.070
Title is updated. Subsection (B) is added to
Reversion to acreage— Statement required when.
allow reversion to original tract or lot
designation, which could eliminate bulky lot or
tract designations reflecting numerous replats.
The parent plat will still be referenced in the title
block to allow the previous status to be tracked.
20.60.110 (20:16.080) Dimensional data
The section clarifies that meander lines are not
August 28, 2013
Page 9 of 12
required.
boundaries but are for computation purposes
only. Mean or ordinary high water line
establishes a boundary.
20.60.120 (20.16.090) Accuracy of
Meander lines, approximate dry land areas, and
measurements.
approximate submerged land areas are required
to be shown on the plat. This information is
valuable both to landowners and assessors to
indicate the area of a lot that may be available for
development. Boundary and lot closure
computations are now required to be submitted
with the final plats to help minimize the number
of final plats submitted with dimensional or
acreage errors.
20.60.130 (20.16. 100) Boundary of subdivision.
Cross - references and section numbers are
updated.
20.60.140 (20.16.110) Block and lot numbering.
Cross- references and section numbers are
updated.
20.60.150 (20.16.120) Utility easements.
The subsection requiring review of preliminary
plats by utility companies and a portion of the
subsection requiring the subdivider to work with
the utility company is moved to KPB 20.30. The
utility companies make recommendations for
utility easements, and the planning commission
issues final approval of easements. The
dimensions of the easements must be included on
the plat, either graphically or by note. The
quotation marks are removed from the note.
20.60.160 (20.16.130) Easements.
Wording is added to indicate that special use
easements may require a signed acceptance
statement. This would provide a means for a
private landowner to voluntarily offer a public
easement such as a trail or bike path easement,
and have a city accept the easement. Some
special use easements, such as drainage or slope
easements, may be accepted by the borough with
the KPB's signature on the plat. A subsection is
added to prohibit the granting of private
easements on the plat. The borough does not
accept or enforce private easements on plats.
20.60.170 (20.16.140) Other data required by
An outdated and unusable subsection (B)
law.
regarding tax ownership of privately owned
common use land is deleted. Subsection (C) is re-
lettered to (B).
20.60.180 (20.16.145) Plat notes.
Renumbering is the only change.
20.60.190 (20.16.155) Certificates, statements
Grammar is corrected. Wording is added to
and signatures required.
clarify what parties have an interest in the land
being subdivided and how a person is authorized
to sign the plat on behalf of those parties. The
Certificate of Ownership and Dedication is now
required to specify by name the dedications
August 28, 2013
Paee 10 of 12
located within and accepted by cities or the state.
Public areas and special use easements accepted
by cities must also be specified in the certificate.
"Subscribed and sworn" in the notary's
acknowledgment is corrected to
"acknowledged." A subsection (B) is added
requiring a certificate of acceptance for
dedications within cities or by the state for their
maintained roads, and essential wording for the
certificate in included. Following subsections
are re- lettered accordingly.
20.60.200 (20.16.160) Survey and
Grammar is corrected. The cross - reference is
monumentation.
updated. The "current" BLM Manual replaces a
specific manual to keep survey requirements
current. To comply with standard accepted
survey practices, wording is added to require that
monuments essential to the subdivision must be
found, and if they are missing or damaged they
must be replaced. Unless approved by the
planning director, incorrectly set or extraneous
monuments must be removed to avoid future
confusion. Monumentation sizes and
requirements are updated to reflect current
practices.
20.60.210 (20.16.170) Approval- Authority-
Grammar is corrected. The planning director's
Certificate issued when.
authority is added to conform to current practices
and code. The approval time frame is changed
from 56 days to 60 days which is consistent with
the AS 29.40 requirements. "Receipt" is changed
to "acceptance" to prevent incomplete submittals
from starting the review /approval clock. The
requirement for recording the plat after signature
is changed from five working days to ten
working days. This is a more realistic time
frame to accommodate for factors such as
weather, temporary recording office closures,
holidays, and remote recording offices. The
planning director is given authority to allow
surveyors to record plats, the current allowed
practice.
20.60.220 (20.16.180) Administrative approval.
Grammar is corrected. A copy of the
administrative approval will no longer be sent to
the landowner; this approval may be granted
conditionally up to one year prior to the
borough's signature and recording of the plat;
notice to the owners has proven to be confusing
and alarming. The landowner gets a copy of the
recorded (filed) plat as confirmation that the
subdivision has been completed and filed.
Subsection B is added to allow the planning
August 28, 2013
Page 11 of 12
CHAPTER 20.70 VACATION REQUIREMENTS (Former KPB 20.28)
director to refer approval to the planning
Updated with new section numbers and updated
commission in lieu of administrative final
with current cross - references to AS 29.40.
approval under specified conditions.
(20.16.190 Disapproval.)
This section is deleted because it conflicts with
with current cross - references to AS 29.40.
the process of appeal from an action of the
Updated with new section numbers and updated
planning commission.
CHAPTER 20.70 VACATION REQUIREMENTS (Former KPB 20.28)
20.70.010 (20.28.010) Purpose of provisions.
Updated with new section numbers and updated
with current cross - references to AS 29.40.
20.70.020 (20.28.020) Statutory authority.
Updated with new section numbers and updated
with current cross - references to AS 29.40.
20.70.030 (20.28.030) Jurisdiction of provisions.
Updated with new section numbers and updated
with current cross - references to AS 29.40.
(20.28.040 Vacation Definition. )
Moved to Cha pter 29.90 Definitions.
20.70.040 (20.28.050) Application- Petition
This section is updated to clarify that any platted
required.
public area is subject to the vacation process
consistent with AS 29.40.
20.70.050 (20.28.060) Petition - Information
Subsection (B) is added to clarify that additional
required.
information may be required where the
topography is troublesome in order to
substantiate the unusable right -of -way and show
the best alternate routes.
20.70.060 (20.28.065) Fee required.
This section references the KPB schedule of rates
for the petition fee.
20.70.070 (20.28.070) Public hearing required.
Revised to update the section numbers,
numerical references, and citations.
20.70.080 Utility easement vacations.
This section sets forth an administrative process
for utility easement vacations which are less
complicated than right-of-way vacations.
20.70.090 (20.28.080) Notice required.
Revised to update the section numbers;
numerical references, and citations.
20.70.100 (20.28.090) Hearing board - Authority
Revised to update the section numbers,
and determination.
numerical references, and citations.
20.70.110 (20.28.100) Vacation consent -City
Revised to update the section numbers,
council or assembly.
numerical references, and citations. Subsection
(B) is added providing that an assembly
resolution will be the mechanism used to
memorialize a vacation of a platted dedication.
20.70.120 (20.28.110) Action after denial of
The second sentence of section 110(A) is deleted
vacation petition.
because vacations are considered legislative acts
from which appeals may not be taken.
20.70.130 Vacation plat— Preparation, approval,
This section is revised to clarify that only the
and recording.
area approved by the governing body for
vacation may be presented in a final plat
depicting a vacation. The process for a vacation
plat is set forth in KPB 20.10.080.
August 28, 2013
Page 12 of 12
20.70.140 Vacation resolution —casement.
This section provides that the vacation of any
easement may be accomplished by resolution.
20.70.150 (20.28.130 ) Title to vacated area.
These sections are updated with new section
numbers.
20.70.160 20.28.140 Partial vacation allowed.
20.70.170 (20.28.150) Vehicular access
This section is reworded for clarity and
(provision).
numerical references are corrected.
20.70.180 (20.28.160) Other access.
This provision is revised to delete the list of
alternative uses that a road right -of -way could be
subject to. Some of the listed uses are inherently
incompatible with road right -of -ways while other
uses may be appropriate for some but not all
rights -of -way. A provision is added requiring
the planning commission to take safety into
consideration when considering alternative uses
of a dedicated right-of-way.
20.70.190 20.28.170 Utility provisions.
These provisions are updated with new section
numbers. Section 180 is amended to also take
20.70.200 (20.28.180) Waterfront access
provisions.
into consideration harm or damage to the
waterbody that could be prevented by approving
20.70.210 (20.28.190) Other public areas.
a vacation.
20.70.220 Section line easement vacations.
This section clarifies the process for vacating a
(20.28.200 Section line easements.)
section line easement. The planning commission
is advisory regarding section line easement
vacations. Ultimate approval lies with the state
which has jurisdiction over section line
easements.
CHAPTER 20.90 DEFINITIONS (Former KPB 20.08)
The definition section is moved to the end of the title to be consistent with how other definition
provisions in the code are presented. The definitions specific to the chapter regarding on -site
wastewater are placed within the general definition section. The definitions regarding streets are
revised to be consistent with KPB Title 14.
CHAPTER 20
Proposed rewrite
August 30, 2013
Title 20 SUBDIVISIONS
CHAPTER 20.10. GENERAL PROVISIONS
20.10.010. Purpose of provisions.
The purpose of this title is to promote an adequate and efficient street and road system, to
provide necessary easements, to provide minimum standards of survey accuracy and proper
preparation of plats, and to protect and improve the health, safety and general welfare of the
people.
20.10.020. Statutory authority.
A. This title is adopted under the authority of AS 29.40 and AS 40.15, as now enacted or as
may be hereinafter amended.
B. Consistent with AS 29.40.070, this title shall govern all matters related to the
subdivision of all land within the Kenai Peninsula Borough.
20.10.030. Violations and remedies.
A. No person shall transfer, sell, offer to sell, or enter into a contract to sell land that must
be subdivided under this ordinance until an approved final plat has been recorded.
B. No person shall file or record a plat or other document depicting subdivided land unless
the plat or document has been approved under this ordinance.
C. A person shall not violate a provision of AS 29.40, KPB Title 20, or a term, condition or
limitation imposed by the platting authority.
D. Pursuant to AS 29.40.190(a), the borough may request the superior court enjoin a
violation or threatened violation of AS 29.40 to this title.
E. The borough or an aggrieved person may institute a civil action against a person who
violates KPB 20.10.030(A), (B), or (C). A civil penalty not to exceed $1,000 may be imposed for
each violation. Each day that an unlawful act or condition continues is a separate violation.
F. Breach of KPB 20.10.030(A), (B), or (C) shall constitute a misdemeanor punishable by a
fine not to exceed $1,000 and by imprisonment not to exceed 90 days for each violation. Each
transfer, sale, offer to sell, or entry into a contract to sell any land subdivided in violation of this
title shall constitute a separate offense.
20.10.040. Abbreviated plat procedure.
A. The abbreviated plat procedure may be used where the subdivision or resubdivision is
of a simple nature and meets all of the requirements of this section as follows:
1. The subdivision divides a single lot into not more than four lots;
2. The subdivision provides legal and physical access to a public highway or street for
each lot created by the subdivision;
3. The subdivision does not contain or require a dedication of a street, right -of -way or
other area; and
4. The subdivision does not require a vacation of a public dedication of land or a variance
from a subdivision regulation.
Page 1 of 43
B. Submission Requirements. All of the submission requirements of KPB Chapters 20.20
and 20.30 shall be met.
C. Statement of Plat Approval. The following form shall be printed on the final plat to be
filled in after approval:
Plat Approval
This plat was approved by the Kenai Peninsula Borough in accordance with
KPB 20.10.040.
Borough Official Date
D. Procedures. The planning director shall review the submitted preliminary plat for
completeness. If the preliminary plat does not comply with KPB 20.10.040(A), the planning
director shall return the plat to the subdivider with a written explanation of deficiencies.
E. Action.
1. The platting authority for the abbreviated plat procedure is vested in the planning
director. Within ten borough business days of acceptance of the preliminary plat,
subject to prior acquisition and submittal of all necessary outside reviews by the
subdivider, the planning director shall take action on the plat by the abbreviated plat
process.
2. Preliminary approval of the plat shall be for a period of 24 months. No extensions of
time may be granted.
3. All decisions of the planning director regarding the preliminary plat shall be final. A
denied abbreviated plat may be appealed by the subdivider to the planning commission.
There is no fee for appeal of an abbreviated plat to the planning commission.
F. Final Plat.
L The requirements for the final plat shall be in accordance with KPB Chapter 20.60.
2. When the preliminary plat has been approved by the planning director under this
section, the final plat may be approved by the planning director when the final plat
meets the conditions of the preliminary approval and complies with this title. When
approved by the planning director, such approval shall be on a notarized form. The
planning director shall report such approvals at the next regular plat committee meeting.
20.10.050. Plats— Required when — Waivers.
A. Waiver standards. A plat, prepared and submitted in accordance with the applicable
provisions of this title, is required for all subdivisions of land, except for subdivisions which
qualify under the provision of AS 29.40.090(b), provided an application is submitted with
satisfactory evidence to support a finding that:
1. A single existing division of property is not subdivided into more than four lots.
2. Legal and physical access is provided to a public highway or street for each lot created
by the subdivision.
3. The subdivision does not contain or require a dedication of a street, public right -of -way,
or other area.
4. The subdivision does not require a vacation of a public dedication of land.
5. The subdivision does not require a variance from KPB Title 20 Subdivision regulations.
6. Each lot created by the subdivision is five acres or larger.
Page 2 of 43
B. Notice. In addition to the requirements for notice by publication in this title, all
beneficial interest holders in the land subject to the plat waiver application who have not
provided written non - objection to the plat waiver shall be given notice of the waiver application
and the planning commission hearing at least 30 days prior to the planning commission meeting
where the waiver will be considered. Applications for plat waivers within a city shall be
submitted to the city by the subdivider for comment at least 30 days prior to submittal to the
borough for planning commission consideration.
C. All plat waivers must meet the following requirements:
1. A certificate of ownership for plat waiver, which meets the requirements of KP13
20.60.190(A)(2) for a certificate to plat, shall be submitted with the application. The
certificate of ownership shall be updated and be current to no earlier than three business
days prior to the planning commission meeting where the waiver is scheduled for
consideration.
2 A certificate from the borough finance department must be obtained indicating that all
taxes due and payable on the land subject to the waiver application have been paid.
D. Upon satisfactory showing by the subdivider that all provisions of KPB 20.10.050 (A),
(B), and (C) shall be granted a waiver of platting regulations by resolution of the commission
which shall be recorded in the appropriate district recording office within 30 days after adoption
or the waiver shall lapse. The applicant shall pay a plat waiver fee in the amount listed in the
current Kenai Peninsula Borough Schedule of Rates, Charges and Fees, and recording fees.
20.10.060. Illegal subdivisions.
A parcel of land that was illegally subdivided may be submitted for consideration by the
planning commission as a subdivision by any person having an ownership interest of record. The
submittal must meet all the requirements of this title. If approved as meeting the requirements of
this title and properly recorded, said parcel shall be considered an approved subdivision
according to the Kenai Peninsula Borough Code.
20.10.070. Right -of -way acquisition plat.
A. A plat for a subdivision created by a government agency's acquisition of a street right -
of -way, airport parcel, or land for other public purposes is subject to approval under this section
only and is not subject to any other approval procedure for plats under this chapter, except where
hereinafter stated.
1. Certain provisions of this section may also apply to other parties who volunteer a formal
dedication of right -of -way to the public.
B. Submission requirements. A right -of -way acquisition plat shall contain the following
information:
1. The location and name of the acquisition project.
2. The approximate timetable for the acquisition and construction.
3. The dimensions and area of the proposed tract, parcel or parcels to be acquired and the
remainder parcel(s).
4. The name of the record owner(s) of the subject parcels shall be required on the
preliminary plat only.
C. Review and approval procedures. The planning director shall review the preliminary
right -of -way acquisition plat for completeness prior to consideration by the planning
Page 3 of 43
commission. If the plat does not meet the requirements of this section, it shall be returned to the
submitting agency with a written explanation of the deficiencies.
1. The plat shall be considered by the planning commission at any regular meeting that is
agreeable to the planning department and the submitting agency. Preliminary approval
of the plat shall be for a period of 24 months. The planning director may grant a one-
time extension of 24 months thereafter. Additional time extensions may be granted by
the planning director upon finding that it is in the public interest to do so.
2. The planning director may grant approval of minor revisions to the preliminary plat.
Substantive revisions shall be subject to planning commission consideration.
Substantive revisions are those which impact surrounding properties or utilities.
3. Right -of -way plats are subject to agency review. When the plat is within the boundaries
of a city, documentation must be submitted with the preliminary plat showing the
recommendation of the advisory planning commission of the appropriate city.
4. The land status shown on the final plat must be current as of the date of Borough
signature. The planning director may authorize the use of an errata sheet to document
current status on a case by case basis.
5. Statement of plat approval. The following form shall be shown on the final plat to be
completed after final approval:
Right -of -Way Acquisition Plat Approval
This plat was approved by the Kenai Peninsula Borough Planning
Commission in accordance with KPB 20.10.070 at the meeting of
Borough Official
6. In the instance where the plat provides dedication of rights -of -way, an ownership and
dedication certificate shall be provided in accordance with KPB 20.60.190.
7. When signed by the authorized official of the borough, the original final plat shall be
recorded with the appropriate district recorder within 30 days by the submitting agency.
D. Survey and monumentation requirements for right -of -way acquisition plats:
1. The minimum monumentation required will be a 5/8" X 24" reinforcement bar with
appropriate identification cap set on the margin of the right -of -way at all points marking
the beginning and end of each curve and on tangents so that no distance between
monumented points exceeds 1,320 feet. An alternate method may be proposed which
shall consist of placing primary type monuments at centerline points marking the
beginning and end of each curve and on tangents so that no distance between
monumented points exceeds 1,320 feet. The survey and monumentation shall be
completed by a land surveyor.
2. If construction of improvements is scheduled to follow the right -of -way acquisition, the
placement of the centerline monuments may be delayed until such improvements have
been completed, in which case a statement designating the schedule for placing the
monuments must be included on the plat.
3. The plat shall be surveyed and monumented in conformance with any applicable
provisions of KPB 20.60.190.
E. Remainder parcels. No remainder parcel resulting from the right -of -way plat shall be
allowed which does not conform to applicable city and borough codes unless:
Page 4 of 43
1. A note is placed on the plat indicating that damages have been paid to the owner of the
remainder and that the nonconforming remainder cannot be developed without first being
replatted so as to conform to applicable city and borough codes; or
2. The remainder meets the requirement for an exception under KPB 20.30.200(C), or
KPB 20.50.010.
20.10.080. Right -of -Way Vacation plat.
A. When the sole purpose of a plat is to depict right -of -way approved for vacation under
KPB Chapter 20.70 as attaching to adjoining parcels in compliance with KPB 20.70.150 and AS
29.40.150, the following procedure shall apply:
1. Submission Requirements. All of the submission requirements of Chapter 20.20 shall
be met.
2. Surveyor's Certificate. The surveyor's signature and seal on the plat certifies the
surveyor is properly registered and licensed to practice land surveying in the State of Alaska, that
the plat represents a survey made by the surveyor or under the surveyor's direct supervision, that
the monuments shown thereon actually exist as described, and that all dimensions and other
details are correct to the best of the surveyor's knowledge and belief. A written certificate is
optional.
3 Statement of Plat Approval. The following form shall be printed on the final plat to be
filled in after approval:
Right -of -Way Vacation Plat Approval
This plat was approved by the Kenai Peninsula Borough in accordance
with KPB 20.10.080.
Borough Official Date
B. Procedure. The planning director shall review the submitted preliminary vacation plat
for completeness. If the preliminary plat does not conform to the requirements of KPB
20.10.080(A)(1), the planning director shall return the plat to the petitioner with a letter
describing the deficiencies.
C. Action.
1. The platting authority for the right -of -way vacation plat procedure is vested in the
planning director. The planning director shall take action on the plat within twenty
Borough working days of acceptance of the preliminary plat, subject to prior acquisition
of all necessary outside reviews.
2. Preliminary approval of the plat shall be for a period of twelve months. No extensions
of time may be granted.
3. All decisions of the planning director regarding the preliminary plat shall be final.
D. Final Plat.
1. The requirements of the final plat shall be in accord with KPB 20.40.020 and the
applicable portions of KPB Chapter 20.60.
2. The requirements of KPB 20.60.190(A)(7) and (D) do not apply to vacation plats.
3. The vacated area shall be shown in a clearly discernible pattern, such as hatching, and
shall be labeled as 'area vacated this plat'. The former lot area and current lot area shall
be labeled or noted on the plat.
Page 5 of 43
4. The date of the vacation approval by the planning commission, as well as the date of
consent to the vacation by the assembly or appropriate city council, shall be noted on
the plat.
5. When the preliminary plat has been approved by the planning director under this
section, the final plat may be approved by the planning director if the final plat meets
the conditions of the preliminary approval and complies with this title. When approved
by the planning director, such approval shall be on a notarized form. The planning
director shall report such approvals at the next regular plat committee meeting. If the
final plat does not meet the conditions of preliminary approval, the planning director
shall provide a written explanation describing the deficiencies to the applicant.
20.10.090. Municipal entitlement acquisition plat.
When the sole purpose of a plat is to show a survey and delineate parcels as a condition
prior to transfer of title for a municipal entitlement pursuant to AS 29.65, the following
procedure shall apply:
A. Submission Requirements. All of the submission requirements of KPB Chapter 20.20
shall be met.
B. Statement of Plat Approval. The following form shall be printed on the final plat to be
filled in after approval:
Municipal Entitlement Plat Approval
This plat was approved by the Kenai Peninsula Borough in accordance
with KPB 20.10.090.
Borough Official Date
C. Procedure. The planning director shall review the submitted preliminary municipal
entitlement plat for completeness. If the preliminary plat does not conform to the requirements
of KPB 20.10.090(A), the planning director shall return the plat to the owner or petitioner with a
written explanation describing the deficiencies.
D. Action.
1. The platting authority for the municipal entitlement plat procedure is vested in the
planning director. The planning director shall within thirty Borough working days of
receipt of the preliminary plat, subject to prior acquisition of all necessary outside
reviews, take action on the plat and notify the owner or petitioner.
2. At the discretion of the planning director, plats that propose or require dedication of
right -of -way may be taken to the planning commission for approval.
3. Preliminary approval of the plat shall be for a period of 24 months. Extensions of time
may be granted by the planning director.
4. All decisions of the planning director regarding the preliminary plat shall be final unless
appealed by the owner or petitioner to the planning commission. Any appeal to the
planning commission shall be conducted as a preliminary plat application.
F. Final Plat.
1. The requirements of the final plat shall be in accordance with KPB 20.40.020 and KPB
Chapter 20.50.
Page 6 of 43
2: Certificates of Ownership and Dedication are required on the final plat and signatures of
owners as determined by the state and Borough are required. The requirements of KPB
20.60.190 apply to the plat.
3. The planning director may determine that portions of KPB Chapter 20.60 are not
required to finalize the plat.
4. When the preliminary plat has been approved by the planning director under this
section, the final plat may be approved by the planning director if the final plat meets the
conditions of the preliminary approval and complies with this title. The planning director's
approval shall be on a notarized form. The planning director shall report such approvals at the
next regular planning commission meeting.
CHAPTER 20.20. PRELIMINARY PLATS
20.20.010. Preliminary application conference.
The purpose of the preliminary application conference is to enable the subdivider to discuss
preliminary ideas with the planning director in order to:
1. Facilitate the preparation of the required submittals and plats in accordance with this
title;
2. Avoid unnecessary delay and expense; and
3. Establish a schedule to give the planning director and the planning commission ample
time to study the proposed subdivision and its relation to the overall needs of the Kenai
Peninsula Borough and its residents.
20.20.020. Compliance with certain provisions required.
A subdivider shall prepare a preliminary plat of the proposed subdivision which shall
comply with the requirements of KPB 20.20.070 and 20.20.080, and other applicable provisions
of this chapter except as provided in KPB 20.10.050.
20.20.030. Prints —Type and number to be submitted.
The number of prints of the preliminary plat to be submitted shall be as determined by the
planning director. Preliminary plat prints shall be folded to 8 1/2 X 13 inches or smaller in a
manner such that the subdivision name and legal description show.
20.20.040. Fee required.
The fee established by the current Kenai Peninsula Borough Schedule of Rates, Charges and
Fees shall accompany the submission of the preliminary plat.
20.20.050. Subdivision or replat in first class or home rule city submittal procedure.
A. Pursuant to AS 29.40.010, first class and home rule cities within the borough are
delegated limited authority to adopt by ordinance subdivision standards different from those set
forth in this chapter.
B. Proposed vacations, abbreviated subdivision plats, subdivision plat waivers, and
preliminary plats showing a subdivision of land lying within the corporate boundary of a first
class or home rule city shall be first submitted by the subdivider to the appropriate city for
review prior to submittal of the plat to the borough planning department. In such instances, the
Page 7 of 43
city advisory planning commission shall have 49 days from the date of receipt in which to review
the preliminary plat and take action.
C. The preliminary plat submitted to the city shall comply with the requirements of KPB
20.20.070 and 20.20.080..
D. The city advisory planning commission and, if required by city code or requested by the
city advisory planning commission, other appropriate municipal departments, shall review the
proposed action and prepare written comments which shall be included with the submittal to the
borough. The subdivider bears the responsibility for presentations to, and discussions with, the
city to ensure that the vacation, subdivision, subdivision plat waiver, or subdivision abbreviated
plat will conform to lawful ordinances and requirements of said city.
E. Final plats submitted to the borough for approval will be submitted by the borough to
the city for review when the design deviates from the preliminary plat by a substantial change in
alignment or dedication of a right -of -way, addition of lots, or major change in lot design which
has not been recommended by the city. In such instances, the city advisory planning commission
shall have 49 days from the date of receipt in which to review the final plat and take action.
F. To the extent a city has been delegated limited platting authority, a final plat may not
deviate from the preliminary plat unless the proposed revision has first been submitted to the city
by the subdivider and has been approved by the city council or its designee.
20.20.060. Subdivision or replat in second class city submittal procedure.
A. Preliminary subdivision plats or replats lying within the corporate boundary of a second
class city shall be first submitted to the city for review prior to submittal of the plat to the
borough planning department. The city shall have 49 days from the date of submittal by the
subdivider to the city in which to review the preliminary plat and submit comments to the
Borough.
B. To the extent limited platting authority has been delegated to a second class city, a
preliminary plat shall not be submitted to the borough planning department for review unless the
aspects of the subdivision subject to city authority have been first approved by the city.
C. The preliminary plat submitted to the city shall comply with the requirements of KPB
20.20.070 and 20.20.080.
D. The city council or its designee, and, if required by city code or requested by the city
council, other appropriate municipal departments, shall review the plat or replat and prepare
written comments which shall be included with the submittal of the plat to the borough. The
subdivider bears the responsibility for presentations to, and discussions with, the city to ensure
that the final plat will conform to lawful ordinances and requirements of said city.
E. Final plats submitted to the borough for approval will be submitted by the borough to
said city for review by the city council or its designee when the design deviates from the
preliminary plat as a condition of preliminary planning commission approval by a substantial
change in alignment or a dedication of right -of -way, addition of lots, or major change in lot
design which has not been recommended by the city council or its designee. In such instances,
the city council or its designee shall have 49 days from the date of receipt in which to review the
final plat and take action.
F. To the extent a city has been delegated limited platting authority, a final plat may not
deviate from the preliminary plat unless the proposed revision has first been submitted to the city
by the subdivider and has been approved by the city council or its designee.
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20.20.070. Form and contents required.
The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall
clearly show the following:
A. Within the Title Block.
1. Name of the subdivision which shall not be the same as an existing city, town, tract, or
subdivision of land in the borough, of which a plat has been previously recorded, or so
nearly the same as to mislead the public or cause confusion;
2. Legal description, location, date, and total area in acres of the proposed subdivision; and
3. Name and address of owner(s), as shown on the KPB records and the certificate to plat,
and registered land surveyor;
B. North point;
C. The location, width and name of existing or platted streets and public ways, railroad
rights -of -way, and other important features such as section lines or political subdivisions or
municipal corporation boundaries abutting the subdivision;
D. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if
different from plat orientation, township and range, section lines, roads, political boundaries, and
prominent natural and manmade features, such as shorelines or streams;
E. All parcels of land including those intended for private ownership and those to be
dedicated for public use or reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purposes, conditions, or limitations of reservations that
could affect the subdivision;
R The names and widths of public streets and alleys and easements, existing and
proposed, within the subdivision;
G. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot
numbers, rights -of -way; or an indication that the adjacent land is not subdivided;
H. Approximate locations of areas subject to inundation, flooding, or storm water
overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams,
and the appropriate study which identifies a floodplain, if applicable;
I. Approximate locations of areas subject to tidal inundation and the mean high water line;
J. Block and lot numbering per KPB 20.60.110, approximate dimensions and total
numbers of proposed lots;
K. Within the limits of incorporated cities, the approximate location of known existing
municipal sewers, water mains, and other utilities within the subdivision and immediately
abutting thereto or a statement from the city indicating which services are currently in place and
available to each lot in the subdivision;
L. Contours at suitable intervals when any roads are to be dedicated unless the planning
director or commission finds evidence that road grades will not exceed 6 percent on arterial
streets, and 10 percent on other streets;
M. Approximate locations of slopes over 20 percent in grade and if contours are shown, the
areas of the contours that exceed 20 percent grade shall be clearly labeled as such;
N. Apparent encroachments, with a statement indicating how the encroachments will be
resolved prior to final plat approval; and
O. If the subdivision will be finalized in phases, all dedications for through streets as
required by KPB 20.30.030 must be included in the first phase.
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20.20.080. Petition required.
A petition shall be submitted with each subdivision, abbreviated subdivision and plat waiver
subdivision and shall include:
A. Proposed means of supplying water;
B. Proposed means of sewage disposal;
C. Proposed subdivision phases, if applicable;
D. Name, address and signature of the subdivider for the purpose of processing the plat.
This may be the state, the borough, a public utility, or the owners of a majority of the land within
the subdivision. The entity submitting the petition may designate on the petition a surveyor or
other agent to act on their behalf for submittals and presentations. All official contact by the
commission and staff concerning the plat shall be with the entity signing the petition and their
designee;
E. A certificate to plat current to not more than 28 business days prior to submittal, issued
by a title company authorized to issue title policies in the State of Alaska, which shall be
considered as prima facie evidence of all parties having an interest in the land being subdivided.
An updated certificate to plat in compliance with KPB 20.60.190(A)(2) will be required for the
final plat.
F. Other information the subdivider may care to present.
20.20.090. Notice.
A. Affected property owners are defined as persons who own property within a
subdivision or proposed subdivision, and persons who own property within 600 feet of the
boundaries of the subdivision or proposed subdivision. The planning director shall determine
whether additional property owners are affected based on population, density, ownership data,
topography and facilities in the area of the subdivision.
B. Notice of public hearing shall appear at least once in a newspaper of general
circulation stating:
a. a general description of the subdivision or replat;
b. who filed the subdivision petition;
c. when the subdivision petition was filed;
d. the time and place of the hearing on the subdivision; and
e. the process and deadline for submittal of comments.
(1) written comments may be submitted by mail, hand - delivery, email or
facsimile.
C. The notice in subsection B shall be sent by regular mail to the affected property
owners at least 14 days prior to the public hearing. A certificate of mailing listing the names,
addresses and parcel information for each notified owner shall be maintained in the subdivision
file.
D. Parties whose sole interest in the subdivision is as a beneficiary of a deed of trust, as
shown on the certificate to plat, shall be sent certified mail notice by the planning department. If
a beneficial interest holder does not respond within 30 days of the date of mailing indicating that
the deed of trust either prohibits or allows the proposed platting action, or requires their signature
on the plat, the plat may be approved. The owner may submit a letter of non - objection from the
beneficial interest holder with the plat in lieu of the notice requirement. If the final certificate to
plat shows additional beneficial interest holders, and they have not signed the plat or provided a
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letter of non - objection, the planning department will send them notice and give them a 30 day
response time prior to approval of the final plat.
E. Copies of the subdivision proposal will be provided to other agencies and borough
departments that may be affected by the subdivision proposal for review and comment.
20.20.100. Approval— Commission authority — Notification required.
In order for a preliminary plat to be accepted for review by the planning director, all the
material required by KPB 20.20.030 through 20.20.080 must be submitted as part of the
application. Within 60 days from the date of acceptance by the planning director of the
preliminary plat, the commission shall determine if the preliminary plat complies with the
provisions of law and this chapter, and shall approve, conditionally approve, or disapprove the
plat. The commission shall notify the subdivider and parties of record of its action, including a
statement of reasons supporting the planning commission's decision. This statement of reasons
shall include the commission's findings justifying denial, approval, or conditional approval of the
plat. If denied, the decision shall make reference to the specific sections of this title with which
the submitted plat does not comply. If the commission, in its action, relies upon the report of the
planning staff, the commission may vote to adopt the staffs findings and report as the findings
and reasons for the planning commission's action. The planning commission may make
additional or different findings from those in the staff report.
20.20.110. Approval — Scope — Expiration restriction.
A. Approval of the preliminary plat shall not constitute approval of the final plat, but
means only that the basic lot and street design is acceptable. The subdivider is on notice that it is
his responsibility to provide all the information required in this ordinance and to submit a correct
final plat within two years of the date of the planning commission's conditional approval of the
preliminary plat. Upon application by the owner or surveyor prior to the two -year deadline for
final plat submittal, a time extension for two years beyond the initial two -year period for
submittal of the final plat may be granted by the planning director. A third and final two -year
extension may be granted by the planning director when requested by the owner or surveyor
prior to expiration of the previous approval, allowing for a total approval time of six years. When
a preliminary plat that has been granted a time extension is finalized, the final plat must comply
with the current code. Expiration of time extensions will require the submission of, and action
on, a new preliminary plat.
B. Preliminary plats that will be finalized in phases must comply with current code at the
time each phase is finalized. All dedications for streets that are required pursuant to KPB
20.30.030 must be provided in the first phase. The approval of a final plat for a portion of the
phased preliminary shall extend the preliminary approval for two years for the remaining land
within the phased subdivision, except that the commission may require a new preliminary plat if
the abutting road system changes. Phases must be filed in sequential order.
C. Any plat that requires submittal to and approval by the State of Alaska, including but not
limited to section line easement vacation plats and highway right -of -way plans, will be given an
initial four year preliminary approval. Extensions of the approval may be given by the planning
director as needed for completion of the project.
D. No more than one revision process to the same preliminary plat is allowed. Major
revisions to a preliminary plat shall not be approved on the final plat without first being
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processed under the public notice and hearing requirements for preliminary plats. Major
revisions at the time of final plat which increase density, add or substantively move rights -of-
way, or otherwise increase the subdivision's impact, are not allowed and will require submittal of
a new preliminary plat, application and fee.
20.20.120. Review and appeal.
A party of record may request that a decision of the plat committee be reviewed by the
planning commission by filing a written request within 10 days of notification of the decision in
accordance with KPB 2.40.080. A decision of the planning commission may be appealed to the
board of adjustment by a party of record within 15 days of the date of notice of decision in
accordance with KPB 21.20.250.
CHAPTER 20.30. SUBDIVISION DESIGN REQUIREMENTS
20.30.010. Subdivision standards applicable.
In its consideration of subdivisions the commission shall apply the standards set forth in this
chapter.
20.30.020. Reserved strips prohibited— Exception.
There shall be no reserve strips controlling access to land dedicated or intended to be
dedicated to public use, except when the control and disposition of land comprising such strips is
placed within the jurisdiction of the borough under conditions specified by the commission and
noted on the final plat.
20.30.030. Proposed street layout— Requirements.
A. The streets provided on the plat must provide fee simple right -of -way dedications to the
appropriate governmental entity. These dedications must provide for the continuation or
appropriate projection of all streets in surrounding areas and provide reasonable means of ingress
for surrounding acreage tracts. Adequate and safe access for emergency and service vehicle
traffic shall be considered in street layout.
B. Subdivision of land classified as agricultural conveyed subject to AS 38.05.321(a)(2)(B)
may provide public access easements in lieu of fee simple dedications if necessary to comply
with the minimum lot size restriction of the statute. The public access easements must meet all
applicable right -of -way design criteria of Title 20 and are subject to the building setback
requirements set forth in KPB 20.30.240.
C. Preliminary plats fronting state maintained roads will be submitted by the planning
department to the State of Alaska Department of Transportation and Public Facilities for its
review and comments.
20.30.040. Streets within 100 feet of waterbodies.
No dedications are allowed within 100 feet of the ordinary high water line of a waterbody
unless necessary for access to a lot where no reasonable alternative access exists or the
dedication provides access to a bridge or public facility, waterbody or watercourse. Final plats
must comply with KPB 20.60.050 and 20.60.060.
20.30.050. Legal access.
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A. The applicant shall provide an access plan to the planning department verifying the
existence of legal access to the subdivision boundary. The plan shall consist of the documents
depicting the access, a map depicting the location of the access, and topographic information
indicating that construction which meets the design requirements set forth in KPB Chapter 20.30
is practical and economical. In this title, legal access exists where an unrestricted, public right -
of -way connects the subdivision to the state highway system, the state marine highway system or
a regularly served public airport, and one of the following is met:
1. Ingress and egress will be provided over section line easements located within a
surveyed section;
2. The applicant provides copies of borough- accepted recorded conveyances creating the
public easement or right -of -way where the access is located;
3. That access is a State of Alaska maintained road or municipal maintained road;
4. The applicant provides documentation satisfactory to the borough demonstrating that
public legal access is guaranteed through judicial decree; or
5. The right -of -way is an easement or fee interest at least 60 feet in width dedicated or
irrevocably conveyed to the public and acceptable to the planning commission.
B. The following situations may qualify for a waiver of the legal access requirement:
1. Upon finding that no practical means of providing road access to a proposed
subdivision exists and upon presentation of credible and convincing evidence by the
applicant that permanent public access by air, water, or railroad is both practical and
feasible, the planning commission may waive the legal access requirements of KPB
20.30.050(A). If access other than by road is approved, the mode of access shall be
noted on the plat.
2. Where only a 30 -foot dedication exists over all or a portion of the legal access to a
subdivision, the provisions of KPB 20.30.050(A) may be considered met if it is
reasonable to expect that the other 30 feet will be dedicated in the future.
3. Where a road is in use for physical access but there is no right -of -way document for all
or part of the access road, the provisions of KPB 20.30.050(A) may be considered met
if it is reasonable to expect that the right -of -way will be dedicated in the future.
20.30.060. Easements — Requirements.
A. The planning commission may require easements it determines necessary for the benefit
of the public. Such easements include, but are not limited to, lateral support (slope) easements,
drainage easements for ditching or protection of a drainage, and utility easements. Required
easements do not need to be for road purposes.
B. Upon submittal of a preliminary plat, the planning department shall provide a copy to
public utility companies for their comments and recommended design of utility easements. If the
property is subject to existing natural gas or petroleum pipeline easements, a copy shall also be
furnished to the appropriate company for comment.
C. The subdivider bears the responsibility for coordination with the utility companies
during the design and development phases. When a subdivider and the utility company cannot
agree on easements, the final plat will be taken to the planning commission for determination of
easements.
D. Unless a utility company requests additional easements, the front ten feet of the building
setback shall be designated as a utility easement, graphically or by note.
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20.30.070. Lots on major streets — Access requirements.
Lots fronting on arterial streets with less than 200 feet of right -of -way as identified in the
arterial road plan adopted by the borough or lots fronting on state maintained roads with less than
200 feet of right -of -way may be required to provide interior or frontage road access after review
and recommendation by the Kenai Peninsula Borough Road Service Area staff and upon a
finding by the planning commission that due to size, topography, physical characteristics, or
heavy traffic flow, that direct access to the arterial or state maintained road may present a traffic
hazard.
20.30.080. Alleys.
Alleys are prohibited unless allowed by city ordinance.
20.30.090. Streets — Maximum grades allowed.
The subdivider shall demonstrate that streets can be readily constructed in accordance with
current borough road standards and that the grades on any such roads shall not exceed 6 percent
on arterial streets and 10 percent on other streets, or 4 percent within 130 feet of any centerline
intersections. Submittal of centerline profiles and cross- sections may be required to demonstrate
that compliant construction in the right -of -way is feasible.
20.30.100. Cul -de -sacs.
A. Streets designed to have one end permanently closed shall be no more than 1000 feet
long The closed end of the cul -de -sac shall have a suitable turnaround with a minimum radius
of 50 feet to the property line. The turnaround shall be constructible to a 4 percent grade or less.
B. Hammerhead or T -type turnarounds may be allowed on a case -by -case basis. Adequate
turning radii, width and depth must be provided for road maintenance and emergency vehicle
access. Plans must be reviewed with a recommendation by emergency service providers and the
KPB Road Service Area Board prior to submittal for planning commission review.
C. Temporary turnarounds and self - vacating turnarounds shall not be granted or reserved
on plats.
20.30.110. Half streets.
A. Half streets shall generally not be allowed except where one of the following
circumstances applies:
1. The street is identified on the borough road plan as an arterial;
2. The street is a logical extension of an existing street; or
3. The remaining half street can reasonably be expected to be dedicated.
B. When a design change required as a condition of preliminary approval results in a half
right -of -way that was not shown on the original preliminary plat, adjoiners to the new half right-
of-way are parties of record and will be sent a copy of the plat committee minutes and a sketch
showing the new half right -of -way. Pursuant to KPB 2.40.080 review of the plat committee
decision by the planning commission may be requested by parties of record.
20.30.120. Streets —Width requirements.
A. The minimum right -of -way width of streets shall be 60 feet.
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B. Additional right -of -way or easement width may be required to provide for the
construction of side slopes or to otherwise accommodate right -of -way construction standards set
forth in KPB Title 14.
20.30.130. Streets —Curve requirements.
A. Where a deflection angle of more than 10 degrees in the alignment of a right -of -way
occurs, a curve of minimum radius is required. On streets 100 feet or more in width, the
centerline radius of curvature shall be not less than 300 feet; on other streets not less than 200
feet. If it is not possible to design a curve to be radial or tangential, that curve shall be clearly
labeled non - radial or non - tangential.
B. A minimum 100 -foot tangent is required between curves.
20.30.140. Streets — Prohibited curves.
Compound and broken -back curves are not allowed. Reverse curves will be considered on a
case by case basis.
20.30.150. Streets — Intersection requirements.
A. Street intersections shall be as nearly at right angles as possible, and no intersection
shall be at an angle of less than 60 degrees. Where acute street intersections are designed, a
minimum 50 -foot radius corner at the right -of -way line of the acute angle shall be provided.
B. Offset intersections are not allowed.
C. Intersections of access streets with arterial streets or state maintained roads shall be
limited to those intersections required for safe access consistent with KPB Title 14.
D. Intersections of access streets with arterial streets or state maintained roads must be
designed to the American Association of State Highway and Transportation Officials
(AASHTO) standards.
20.30.160. Streets —Name requirements.
Streets shall be named to conform to KPB Chapter 14.10
20.30.170. Blocks— Length requirements.
Blocks shall not be less than 330 feet or more than 1,320 feet in length. Along arterial
streets and state maintained roads, block lengths shall not be less than 800 feet. Block lengths
shall be measured from centerline intersections.
20.30.180. Pedestrian ways required when.
Pedestrian ways not less than 8 feet wide shall be required in blocks longer than 600 feet
where reasonably deemed necessary to provide circulation or access to schools, playgrounds,
shopping centers, transportation or other community facilities.
20.30.190. Lots— Dimensions.
A. The size and shape of lots shall provide usable sites appropriate for the locality in which
the subdivision is located and in conformance with the requirements of any zoning ordinance
effective for the area in which the proposed subdivision is located. Generally lots shall be square
or rectangular. Lots shall be at least 60 feet wide on the building setback line. The minimum
Page 15 of 43
depth shall be no less than 100 feet, and the average depth shall be no greater than three times the
average width.
B. The access portion of a flag lot shall not be less than 20 feet wide. A flag lot with the
access portion less than 60 feet wide may be subject to a plat note indicating possible limitations
on further subdivision based on access issues, development trends in the area, or topography. If
the access portion is less than 60 feet wide, it may not exceed 150 feet in length. The access
portion may not be used for permanent structures or wastewater disposal area, must meet the
design standards of KPB 20.30.030(A) and 20.30.090 for access, and, if at least 60 feet wide,
will be subject to the building setback restrictions of KPB 20.30.240.
20.30.200. Lots — Minimum size.
Except in cities where zoning and subdivision regulations establish different minimums, lots
must be designed to meet the following area requirements:
A. Lots shall contain at least 6,000 square feet if served by public wastewater disposal and
water systems.
B. Lots shall contain at least 40,000 square feet if both the well and wastewater disposal
are to be located on the lot unless it can be demonstrated to the satisfaction of the commission
that a smaller lot size is adequate for the safe location and operation of an on -site well and
sewage disposal system.
C. Subdivisions designed to be served by public wastewater disposal and water systems
but not yet served by such systems may be permitted to contain lots of less than 40,000 square
feet if the following conditions are met:
1. The available area may be reduced to 20,000 square feet when public water or
wastewater disposal system is available, complying with KPB 20.40;
2. A statement from an engineer affixed with his seal and signature attesting that the
proposed lot design and associated building restrictions will assure adequate area is
available to each building site for safe on -site well and wastewater disposal, including
area for a replacement wastewater disposal system, until such time as public wastewater
and/or water services are available.
20.30.210. Lots — Access to street.
Each lot shall abut on a fee simple dedicated street except as provided by KPB
20.30.030(B).
20.30.220. Lots —Side line requirements.
Where reasonable, side lines of lots shall be at right angles to straight portions of the right -
of -way or radial to curved portions of the right -of -way.
20.30.230. Lots — Double frontage prohibited when.
Double frontage lots with depths less than 250 feet will not be approved except where
necessitated by topographic or other physical conditions, or to provide reverse frontage along
arterial streets. Comer lots are not subject to the double frontage prohibition.
20.30.240. Building setbacks.
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A. The commission shall require a building setback of at least 70 feet from the centerline of all
fee simple arterial rights -of -way in a subdivision. A minimum 20 -foot building setback shall be
required for fee simple non - arterial rights -of -way in subdivisions located outside cities.
B. The setback shall be noted on the plat in the following format:
Building setback - A setback of feet is required from all street
right -of -ways unless a lesser standard is approved by resolution of the
appropriate planning commission.
20.30.250. Building setbacks— Within cities.
The building setback requirements for subdivisions located within cities shall be governed
by the provisions of municipal zoning districts.
20.30.260. Unsubdivided remainders prohibited.
All parent parcels must be included in the boundary of the subdivision and all divisions must
be given lot or tract numbers and must include areas.
20.30.270. Different standards in cities.
Where cities have been delegated partial platting powers by the borough and have enacted
by ordinance different subdivision design standards than those set forth in this chapter, the
planning commission may apply such city standards in lieu of those set forth in this chapter.
20.30.280. Floodplain requirements.
A. All subdivision plats which are within areas where the floodplain has been identified by
the Federal Emergency Management Agency (FEMA), and which involve 50 lots or five acres
whichever is lesser, shall include the base flood elevation source.
B. Any area of the subdivision within the floodplain, floodway or Seward Mapped Flood
Data Area (SMFDA) is to be shown and labeled on the plat.
C. All subdivisions which are within areas where the floodplain has not been mapped and
base flood elevation data is not available shall provide the information in compliance with KPB
21.06.050.
D. All subdivisions or replats within the Flood Insurance Rate Map (FIRM) area or
SMFDA, as amended, as defined by KPB 21.06.020, shall contain the following note:
FLOOD HAZARD NOTICE:
Some or all of the property shown on this plat has been designated by
FEMA or the Kenai Peninsula Borough Seward Mapped Flood Data
Area as a flood hazard area district as of the date this plat is recorded
with the district recorder's office. Prior to development, the Kenai
Peninsula Borough floodplain administrator should be contacted for
current information and regulations. Development must comply with
Chapter 21.06 of the Kenai Peninsula Borough Code.
E. All subdivisions or replats that include any portion of the mapped floodway shall
contain the following note:
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FLOODWAY NOTICE:
Portions of this subdivision are within the floodway. Pursuant to KPB Chapter
21.06, all development (including fill) in the floodway is prohibited unless
certification by an engineer or architect is provided demonstrating that
encroachments shall not result in any increases in flood levels during the
occurrence of the base flood discharge.
F. Each plat within a city which has met the requirements of this section shall contain the
following statement: "The first finished and habitable floor of a building constructed within a
floodplain shall be built at or above the 100 -year flood level."
G. This section applies to all cities which adopt a resolution requesting participation in the
FEMA floodplain program and which are subsequently recognized by the state as participants.
H. A city may adopt an ordinance as part of its building code with greater restrictions than
those set forth in KPB 20.30.280(A). A note shall be placed on the plat to indicate that the
developer is responsible for contacting the city to determine the restrictions prior to any
development.
20.30.290. Anadromous habitat protection district
If any portion of a subdivision or replat is located within an anadromous habitat protection
district, the plat shall contain the following note:
ANADROMOUS HABITAT PROTECTION DISTRICT NOTE:
Portions of this subdivision are within the Kenai Peninsula Borough Anadromous
Habitat Protection District. See KPB Chapter 21.18, as may be amended, for
restrictions that affect development in this subdivision.
CHAPTER 20.40. WASTEWATER DISPOSAL
20.40.010. Wastewater disposal.
A. All lots within a proposed subdivision in the Kenai Peninsula Borough must meet the
following applicable standards of this chapter for wastewater disposal.
B. This chapter is not applicable to a subdivision proposed under 43 U.S.C. 1613(c) before
subdividing, platting or disposition under that act. A person proposing to subdivide land after
transfer under that act must comply with the provisions of this chapter.
C. Subdivision plans for a no -water carried method of wastewater disposal must conform
to the provisions of KPB 20.40.030.
D. Subdivision plans with a holding tank method of wastewater disposal are prohibited.
20.40.020. Wastewater system review not required
A. Wastewater system review will not be required if the criteria in subsection 1 or 2 are
satisfied:
1. The existing parent subdivision was approved by the Department of Environmental
Conservation, current state agency, or the Kenai Peninsula Borough under this chapter
and the proposed subdivision is limited to:
a. Vacating lot lines to create fewer lots;
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b. Moving one or more lot lines a total distance of ten feet or less without increasing
the number of lots having prior onsite wastewater approval; or
c. Moving one or more lot lines without increasing the number of developable lots,
while maintaining a minimum of 20,000 square feet of contiguous area, as
described in KPB 20.40.040(A)(4)(a), for each lot affected by the lot line
movement.
2. The plat increases lot sizes by 1,000 square feet or more of area suitable for
conventional development.
3. The sole purpose of a plat is to depict right -of -way approved for vacation under KPB
Chapter 20.70 as attaching to adjoining parcels in compliance with KPB 20.70.150 and
AS 29.40.150, under KPB 20.10.090.
4. The sole purpose of a plat is to show a survey and delineate parcels as a condition prior to
transfer of title for a municipal entitlement pursuant to AS 29.65, under KPB 20.10.100.
B. Plats described in subsection (A) shall have one of the following plat notes, as
applicable:
1. Before a final plat qualifying for the exemption under KPB 20.40.020(a)(1) is recorded
or filed for subdivision, an engineer or surveyor must complete the following plat note
which shall be placed on the plat:
WASTEWATER DISPOSAL: The parent subdivision for lots resulting
from this platting action was approved by the (Alaska Department of
Environmental Conservation) or (Kenai Peninsula Borough) on (DATE).
Wastewater treatment and disposal systems must meet the regulatory
requirements of the Alaska Department of Environmental Conservation.
2. Before a final plat qualifying for the exemption under KPB 20.40.020(A)(2), (3) or (4)
is filed, the following plat note shall be placed on the plat:
WASTEWATER DISPOSAL: Wastewater treatment and disposal systems
must meet the regulatory requirements of the Alaska Department of
Environmental Conservation.
20.40.030. Abbreviated submittal.
Lots within the proposed subdivision that will be at least 200,000 square feet or nominal five
acres in size do not require a soils analysis and report prepared by a qualified engineer. Before a
final plat is recorded or filed for subdivision, the following note must be placed on the plat:
WASTEWATER DISPOSAL: Lots which are at least 200,000 square feet
or nominal five acres in size may not be suitable for onsite wastewater
treatment and disposal. Any wastewater treatment or disposal system must
meet the regulatory requirements of the Alaska Department of
Environmental Conservation.
20.40.040. Conventional onsite soil absorption systems.
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A. If any lots within a subdivision will utilize conventional onsite soil absorption systems
and are less than 200,000 square feet, the following requirements must be met and submitted to
the planning director:
1. A soils analysis and report, sealed by a qualified engineer, which meets the
requirements of KPB 20.40.100;
2. A pollution abatement report, sealed by a qualified engineer, which meets the
requirements of KPB 20.40.090 if:
a. Lot size is less than 40,000 square feet; and
b. There will not be a public water system serving the subdivision lots as described in
KPB 20.40.090(C);
3. A working map depicting:
a. Ground slopes greater than 20 percent, or 5 percent where a bed system is
proposed, and other topographic features as needed by a qualified engineer to meet
the design requirements for wastewater disposal as defined in this chapter;
b. The location of all soils field work, including the location of borings, percolation
tests, and test holes;
c. Each existing water source for a public drinking water system within the
subdivision and within 200 feet of the subdivision boundary;
d. Each existing water source for a private drinking water system within the
subdivision or within 100 feet of the subdivision boundary; and
e. An approximate delineation of the apparent usable initial wastewater disposal area
as described in KPB 20.40,.040(A)(4);
f An approximate delineation of the apparent usable wastewater disposal area for a
replacement system;
g. An approximate location for a well, with the appropriate radius shown;
4. Documentation from the engineer that:
a. There is on each lot at least 20,000 square feet of contiguous area suitable for use
for an initial and replacement wastewater disposal system. This area can include
driveways, and an average single - family residence with associated appurtenances,
but excludes dedicated rights -of -way, public access easements, including section
line easements, the panhandle portion of flag lots, and existing well protection
zones;
b. The soil types, moisture content (in areas of known or suspected permafrost), soil
slopes, distances to downhill terrain breaks, and depths to seasonal high water table
and impermeable strata must:
1) Meet the requirements of soils analysis and report described in KPB 20.40.100;
2) Be suitable for use in a soil absorption system, as shown by the soils analysis
and report;
c. Separation distances in or from any part of the proposed usable wastewater disposal
area must be maintained as required by 18 AAC 72.020; if an area outside the
subdivision boundary cannot be visually inspected to determine existence and
position of water system sources, the applicant may use existing records as the
basis for this information;
5. Plans for initial and replacement soil absorption systems for each lot that does not
contain 20,000 square feet of contiguous suitable area described in KPB
Page 20 of 43
20.40.040(A)(4); the plans shall show the location of the system(s) and must be sealed
by a qualified engineer.
B. Before a final plat is recorded or filed for subdivision under this section, the borough
will require the engineer to sign the following note on the final plat:
WASTEWATER DISPOSAL: Soil conditions, water table levels, and soil
slopes in this subdivision have been found suitable for conventional onsite
wastewater treatment and disposal systems serving single - family or duplex
residences and meeting the regulatory requirements of the Kenai Peninsula
Borough. Any other type of onsite wastewater treatment and disposal
system must be designed by a qualified engineer, registered to practice in
Alaska, and the design must be approved by the Alaska Department of
Environmental Conservation.
(signature of) Engineer License # Date
20.40.050. Alternate onsite wastewater treatment and disposal.
A. If any lots within a subdivision will employ alternate onsite wastewater treatment and
disposal, the following requirements must be met and submitted to the planning director:
1. A soils analysis and report, prepared and sealed by a qualified engineer containing
sufficient soils data to:
a. Demonstrate that a conventional onsite soil absorption system is not practicable;
and
b. Support the functional use of the proposed system;
2. A pollution abatement report, sealed by a qualified engineer, meeting the requirements
of KPB 20.40.090 if:
a. Disposal of wastewater to onsite soils is proposed;
b. The subdivision's minimum lot size is less than 40,000 square feet; and
c. There will not be a public water system serving the lots of the subdivision, as set
out in KPB 20.40.090(C);
3. Plans for a treatment and disposal system for each lot (or a single typical design for
each group of identical systems), as required by 18 AAC 72.205. The plans must be
sealed by a qualified engineer;
4. An adequate demonstration that a conventional onsite soil absorption system, collector
sewer or collector system and treatment disposal system, individual lot treatment
system, or connection to an existing system are not practicable due to either lack of
suitable soils or economic considerations;
5. Evidence that separation distances set out in 18 AAC 72.020 will be met; if an area
outside the subdivision boundary cannot be visually inspected to determine existence
and position of water system sources, the subdivider may use existing records as the
basis for this information; and
6. Evidence that lots with a minimum size of less than 40,000 square feet for which a
pollution abatement report is required meet the requirements of KPB 20.40.090(B).
B. Before a final plat is filed for subdivision, the engineer must sign the following note on
the final plat:
Page 21 of 43
WASTEWATER DISPOSAL: Soil conditions in this subdivision have
been found unsuitable for conventional onsite wastewater treatment and
disposal systems. Plans showing a suitable alternate wastewater disposal
system that could be used on lots in this subdivision are included in the
Engineer's Subdivision and Soils Report and are available from the Kenai
Peninsula Borough. All alternate onsite wastewater treatment and disposal
systems must be designed for the specific installation by a qualified
engineer registered to practice in Alaska, and the design must be approved
by the Alaska Department of Environmental Conservation prior to
construction.
(signature of) Engineer License # Date
20.40.060. Onsite treatment systems with individual marine outfalls.
A. If any lots within a subdivision will employ an onsite treatment system plan with an
individual marine outfall, the following requirements must be met:
1. The preliminary subdivision plat must clearly show access from the lot to marine waters
for wastewater disposal for each lot with a proposed marine outfall, by direct access,
easement, or other authorization (this may require a detail drawing);
2. A soils analysis and report, sealed by a qualified engineer, with sufficient soils data to
demonstrate that neither a conventional nor an alternate onsite soil absorption system is
practicable for the lot in question;
3. Plans for the treatment and disposal system proposed for each lot, or single typical
design for each group of identical systems, as required under 18 AAC 72.200 - 18 AAC
72.205, the plans must be sealed by a qualified engineer;
4. Construction and necessary operation of the treatment system by the lot owners is
feasible;
5. Dispersion and mixing calculations must show that each outfall and the cumulative
impact from all of the outfalls complies with this chapter and 18 AAC Chapter 70,
Water Quality Standards, or otherwise complies with permit conditions; and
6. A minimum lot size necessary to maintain the applicable separation distances set out in
18 AAC 72.020 from any part of the wastewater systems.
B. For a wastewater treatment and disposal system proposed under this section, the
requirements of 18 AAC 72. 205 and 18 AAC 72.275 for prior Alaska Department of
Environmental Conservation approval of wastewater discharge permits will apply only to
persons who propose actual discharges, and will not apply to conceptual plan of wastewater
treatment and disposal for a subdivision covered under this section.
C. Before a final plat is filed for subdivision, the qualified engineer must complete the
following plat note which shall be placed on the plat:
WASTEWATER DISPOSAL: Plans for wastewater treatment systems
with individual marine outfalls serving single family or duplex residences,
that meet the regulatory requirements of KPB 20.40.060, are on file at the
Kenai Peninsula Borough. Any type of wastewater treatment and disposal
system disposing of wastewater onsite or through an outfall must meet the
Page 22 of 43
regulatory requirements of the Alaska Department of Environmental
Conservation.
(signature of) Engineer License # Date
20.40.070. Connection to an existing system.
A. If any lots within a subdivision will be connected to an existing collector sewer and
treatment system, the following requirements must be met:
1. Proof that the owner of the collector sewer and treatment system has agreed to allow the
lots to be connected;
2. Documentation from the municipality, ADEC or system design engineer that the
receiving system is adequate to accept the additional hydraulic and organic loading; and
3. The minimum lot size necessary to maintain the applicable separation distance set out at
18 AAC 72.020 from any part of the wastewater system.
B. Before a final plat is filed for subdivision, the qualified engineer or surveyor, as
applicable, must complete the following plat note which shall be placed on the plat:
WASTEWATER DISPOSAL: Plans for wastewater disposal that meet
regulatory requirements are on file at the Department of Environmental
Conservation.
(signature of) Engineer or Surveyor License # Date
20.40.080. Subdivisions with no wastewater disposal.
A. This section applies to subdivisions where no wastewater will be generated or disposed,
and the land use cannot produce wastewater.
B. Before a final plat is filed for subdivision, the surveyor must complete the following
plat note which shall be placed on the plat:
WASTEWATER DISPOSAL: Conditions might not be suitable for onsite
wastewater treatment and disposal systems. No wastewater will be
generated or disposed of on these lots as of the date of this plat. If
circumstances change to allow lawful onsite wastewater treatment and
disposal systems, those systems must meet the wastewater disposal
requirements of KPB Chapter 20.40 and regulatory requirements of the
Alaska Departmental of Environmental Conservation.
20.40.090. Pollution abatement report.
A. In addition to the foregoing, a subdivision must be planned so it will not:
1. Contribute to nitrate concentrations in groundwater that exceed existing State standards;
2. Contribute to fecal coliform bacteria contamination; or
3. Cause other pollutants to exceed concentrations beyond the acceptable limits set by 18
AAC Chapter 70.
B. Except as provided in KPB 20.40.090(C) of this section, if an applicant proposes
disposal of wastewater to onsite soils for a single - family or duplex residential lot of less than
40,000 square feet, the applicant shall submit a pollution abatement report containing
Page 23 of 43
calculations showing that the nitrate concentration of the groundwater aquifer most likely to be
affected by the proposed disposal systems will not be increased beyond State drinking water
standards at the property line of each lot smaller than 40,000 square feet. The calculations must
be sealed by a qualified engineer. To prepare the calculations required under this subsection,
there are many groundwater modeling references from which to choose, including those listed in
18 AAC 72.070. For a subdivision with lot sizes of 40,000 square feet or more, these
calculations are not required.
C. The requirements of (B) of this section do not apply to lots in subdivisions that have, or
will have, a public water system capable of delivering water to each lot. If a public water system
is proposed for a subdivision, but not constructed, construction assurance for the water system is
required.
20.40.100. Soils analysis and report.
A. The soils analysis and report required by this chapter must demonstrate subsurface
conditions and soils are suitable for designation as a usable wastewater disposal area under KPB
20.40.040(A)(4). Soils testing, test results, and the soils report must meet the following criteria:
1. The soils analysis and report must be sealed by a qualified engineer;
2. Test holes and borings must be located to yield representative data for, and provide
KPB 20.40.coverage of, the entire subdivision;
3. Test holes and borings must have the following minimum depth below the ground
surface:
a. In areas known or suspected to contain permafrost, the lesser of
1) 20 feet deep; or
2) A depth below seasonal high groundwater table;
b. The least depth associated with the following conditions, where applicable:
1) Two feet below the initial encounter with the water table;
2) Ten feet deep for shallow trench or bed systems;
3) Twelve feet deep for areas where deep trench or seepage pits will likely be
used; or
4) The depth to bedrock, clay, or other impermeable strata with an expected
percolation rate slower than 120 minutes per inch;
4. Soils in a usable wastewater disposal area must be:
a. Shown to be visually classified as GW, GP, SW, or SP under Unified Soils
Classification System, and expected to have a percolation rate faster than 60
minutes per inch; or
b. Shown to be GM or SM under the Unified Soils Classification System by a sieve
analysis; or
c. Shown by a percolation test conducted in accordance with 18 AAC 72.265(9) to
have a percolation rate as described in 18 AAC 72.265(7); and
5. The restrictions of 18 AAC 72.035(d)(7) and (8) must be met.
B. Use of soils with percolation rates other than those set out in 18 AAC 72.265(7) must be
on a case -by -case basis as described in Table C in 18 AAC 72.260(a)(4)(D). A definitive
explanation authored and stamped by [A REGISTERED] an engineer must be submitted.
C. In areas known or suspected to contain permafrost, a soil moisture content profile
analysis derived from laboratory testing methods, and taken from each test hole used for soils
Page 24 of 43
testing in the subdivision, must show that the soils throughout the subdivision are adequately
drained.
D. Subject to (E) of this section, the minimum number of test holes and soils analyses
required under this section is at least one per two acres of subdivision, with at least one test hole
and one soils analysis for a subdivision of two acres or less.
E. The engineer may use less than the minimum number of test holes and soils analyses
required by (D) of this section if sufficient soils data indicates general consistency throughout all
or a portion of the subdivision. A definitive explanation authored and stamped by a qualified
engineer must be submitted. The soils report shall contain a recommended application rate,
limited to within 25' of the test hole, determined by the soil classification or percolation rate(s) at
the test hole and a recommended soil absorption type (trench or bed).
F. Soil testing requirements for subdivision lots equal or greater than nominal five acres
consist of general soils and water table description with sufficient detail to support the
applicability of the proposed means of wastewater disposal; the description must be based on:
1. Existing information; or
2. Visual analysis by, or local knowledge of, a qualified engineer.
G. Except as provided in (H) of this section, the minimum depth from the ground surface
to seasonal high water table and impermeable strata must conform to the values listed below.
The listed depth must provide at least the following:
1. Four feet or reduced by depth of freeze calculations by a qualified engineer;
2. One foot for the distribution pipe, sewer rock, and barrier material;
3. Four feet of separation from the bottom of the system to the seasonal high water table;
4. Four feet minimum ground cover over the soil absorption system including tank, piping,
and affective leach area;
5. Nine feet minimum depth to seasonal high water; and
6. Eleven feet to impermeable strata.
H. The minimum depth from the ground surface to the seasonal high water table or
impermeable strata set out in (G) of this section may be reduced by up to two feet by insulating
with non - absorbing insulation or by mounding above grade to provide protection from frost
penetration. Insulation material may be substituted for up to two feet of earth cover if material
type and thickness allow per 18 AAC 72.035(d)(7) and 18 AAC 72.035(d)(8).
I. When the water table is encountered in the test holes, the depth to the seasonal high
water table must be determined by:
1. Monitoring test holes or soil borings at times between May and October (inclusive); or
2. Soil mottling analyses; or
3. Interpretation of levels of standing open water; or
4. Local knowledge and experience; or
5. A combination of these methods.
J. The depth to any seeps must be noted, and may require subsequent monitoring.
CHAPTER 20.50. EXCEPTIONS
20.50.010. Exceptions to regulations — Procedure — Commission authority.
A. Unless prohibited under this title, the commission may authorize exceptions to any of
the requirements set forth in this title. Application for an exception shall present the commission
with substantial evidence, justifying the requested waiver or exception stating fully the grounds
Page 25 of 43
for the application and the facts relied upon. The commission shall make findings of fact
meeting the following standards before granting any exception:
1. That special circumstances or conditions affecting the property have been shown by
application;
2. That the exception is necessary for the preservation and enjoyment of a substantial
property right and is the most practical manner of complying with the intent of this title;
3. That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the area in which said property is situated.
B. Where a design requirement of this title is addressed by a zoning regulation adopted by
the borough assembly or city council, the variance procedures of the applicable zoning code shall
be utilized in lieu of the exception procedures.
C. All exceptions must be requested and granted at the time of preliminary plat approval.
Exceptions may not be requested with a final plat submittal.
D. An appeal of a decision of the planning commission made under this section shall be
taken to the board of adjustment, in accordance with the requirements of KPB Chapter 21.20.
CHAPTER 20.60 FINAL PLAT
20.60.010. Preparation requirements generally.
The final plat shall be prepared in accordance with this chapter and the preliminary plat as
approved. Information required for the preliminary plat by KPB 20.20.070 shall be included on
the final plat except that the information required by KPB 20.20.070 (K) - (N) shall not be
included. The approximate dimensions required by KPB 20.20.070(J) shall be replaced with
accurate dimensions as required by KPB 20.60. 100 and KPB 20. 60.110. If the final plat contains
only a portion of the preliminary plat, it must comply with KPB 20.20.110(B).
20.60.020. Filing —Form and number of copies required.
The subdivider shall file a standard number of prints as determined by the planning director.
All prints shall be folded as required by KPB 20.20.030 except those to be recorded with the
district recorder.
20.60.030. Certificate of borough finance department required.
All taxes levied on the property within the subdivision shall be paid prior to recordation of
the final plat. If approval is sought between January 1 and the tax due date, there shall be on
deposit with the borough finance department an amount sufficient to pay the entire estimated real
property tax for the current year. Prior to filing of the final plat, a certificate to this effect shall
be provided by the borough finance director or his designee upon request by the planning
director. Estimated tax payments shall be applied to the actual bill as of July 1 or such earlier
date as the taxes due have been determined.
20.60.040. Dedication of public use lands.
Any land shown on a plat as a public park or other public area must be dedicated on the final
plat to a tax exempt governmental entity. If the governmental entity is not the Kenai Peninsula
Borough, the governmental entity shall be required to execute an acceptance of the dedication on
the plat.
Page 26 of 43
20.60.050. Dedication and construction of anadromous waterbody crossings.
A. Where a dedication crosses a waterbody within the Kenai Peninsula Borough Road
Service Area cataloged as important to the protection of anadromous fish under AS 16.05.871 as
now enacted or as may be hereinafter amended, additional right -of -way dedication or slope
easements may be required by the planning commission as necessary for construction to meet the
criteria of KPB 14.40.061(B).
B. Where a dedication is proposed over an existing road crossing a waterbody within the
Kenai Peninsula Borough Road Service Area cataloged as important to the protection of
anadromous fish under AS 16.05.871 as now enacted or as may be hereinafter amended, the road
and crossing must be brought up to the permitting standards established by KPB 14.40.061(A)
prior to planning commission approval of the final plat.
C. Where a plat dedicates a right -of -way over an existing road which crosses an
anadromous waterbody as described in KPB 20.60.050(B), the applicant shall have three years
from the approval of the preliminary plat to have the final plat approved. The time frame may be
extended by the planning director if the extension is requested prior to the termination of the
initial three -year period for final plat approval or any previously granted extension, and only if
there has been no change in the design of the subdivision's road system since preliminary plat
approval. Extensions may only be granted for one year at a time.
D. The road service area shall inspect and provide certification to the planning department
that waterbody crossings meet the permitting requirements of KPB 14.40.061(A) prior to the
approval of the final plat.
20.60.060. Dedications within 100 feet of waterbodies.
In addition to the criteria set forth in KPB 14.40.061(B), where dedications are proposed
within 100 feet of a waterbody, the requirements of KPB 20.30.040 shall be met as part of the
subdivision design.
20.60.070. Plat specifications.
The final subdivision plat shall be clearly and legibly drawn to scale on good quality
polyester film at least 3 mm in thickness. All lines, letters, figures, certifications,
acknowledgements and signatures shall be clear and legible. The plat shall be so made, and shall
be in such condition when filed, that legible prints and negatives can be made therefrom. Sheets
shall be one of these sizes: 8 1/2" x 14 "; 11" x 17"; 18" x 24'; and 24" or 30" x 36 ". When more
than one sheet is required, 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 total
number (e.g. sheet 1 of 3). When more than one sheet is submitted, all sheets shall be the same
size. Indelible ink or sealant shall be used to insure permanency.
20.60.080. Improvements — Installation agreement required.
A final plat of a subdivision located within city limits shall not be recorded with the district
recorder prior to compliance with any city ordinances concerning the installation of
improvements. Evidence of compliance shall be provided by the subdivider in the form of a
written statement from the appropriate city official that improvements required by city ordinance
are or will be installed. Evidence of compliance shall be a part of the final plat submission and
the time for action required by KPB 20.60.210 shall not commence until evidence of compliance
is submitted.
Page 27 of 43
20.60.090 Improvements —Other public systems.
A final plat of a subdivision outside city limits served by a public or existing ADEC
approved water or wastewater disposal system shall not be approved prior to provision of
documentation from the owner of the system that service to the system is installed and available
to each lot in the subdivision, and that connection to all lots will not exceed the capacity of the
system.
20.60.100. Reversion to acreage
A. Plats filed for the purpose of reverting subdivided land to acreage shall be
conspicuously designated "THE PURPOSE OF THIS PLAT IS A REVERSION TO
ACREAGE."
B. Reverted acreage may carry the original lot or tract designation.
20.60.110. Dimensional data required.
A. The bearing and length of every lot line, block line, and boundary line shall be shown.
Dimensions of lots shall be given as net dimensions to the boundaries of adjoining streets and
shall be shown in feet. No ditto marks shall be used. Information shall be shown for all curves,
including radius, central angle, arc length, chord length and chord bearing. The initial point of
survey shall be shown and labeled.
B. The natural meanders of ordinary high water (or mean high water line as applicable) is
for area computations only, the true corners being on the extension of the sidelines and the
intersection with the natural meanders.
20.60.120. Accuracy of measurements.
All linear measurements shall be shown to the nearest 1 /10 foot, and angular measurements
shall be at least to the nearest minute. All lot areas shall be shown to the nearest 10 square feet
or to the nearest 1 /1,000 of total acres. Meander lines, dry land areas and submerged land areas
shall be shown in addition to total area when applicable. All boundary closures shall be to a
minimum accuracy of 1:5,000. Boundary and lot closure computations must be submitted with
the final plat.
20.60.130. Boundary of subdivision.
The boundary of the subdivision shall be designated by a wider border and shall not interfere
with the legibility of figures or other data.
20.60.140. Block and lot numbering.
Blocks and lots within each block shall be numbered consecutively or all lots shall be
numbered consecutively. If possible, each block should be shown entirely on one sheet. Each
lot shall be shown entirely on one sheet.
20.60.150. Utility easements.
A. The utility easements approved by the planning commission shall be clearly shown on
the final plat in dimensioned graphic form or as a note.
B. The following note shall be shown on the final plat:
Page 28 of 43
No permanent structure shall be constructed or placed within a utility
easement which would interfere with the ability of a utility to use the
easement.
20.60.160. Easements.
A. The plat shall clearly show the location, width, and use of all easements. The easements
must be clearly labeled and identified and, if already of record, the recorded reference given. If
public easements are being granted by the plat, they shall be properly set out in the owner's
certification of dedication.
1. Special purpose easements being granted by the plat shall be clearly defined for allowed
use. Special purpose easements may require a signed acceptance statement on the plat.
B. Private easements may not be granted on the plat.
20.60.170. Other data required by law.
A. The plat shall show all other data that are or may be required on the plat by statute or
ordinance.
B. Private covenants and restrictions of record in effect at the time the final plat is
approved shall be referenced on the plat.
20.60.180. Plat notes.
Plat notes shall not be placed on a final plat unless required by borough code or by the
planning commission in order to promote or protect the public health, safety, and welfare
consistent with borough and state law.
20.60.190. Certificates, statements, and signatures required.
A final plat submitted for review and approval shall bear the following certificates with
signatures of appropriate parties signed with permanent black ink:
A. Certificate of ownership, dedication, and acknowledgement:
1. All parties having an interest of record in land being subdivided shall sign a certificate
of ownership and dedication printed on the plat, affixed thereto, or by separate affidavit.
If such title interest is vested in other than named individuals, including but not limited
to corporations, partnerships, limited liability companies, trusts or homeowner's
associations, the certificate shall be signed and acknowledged by an individual(s) under
written authority granted by its board of directors or shown by official documentation
appropriate to the entity. Documentation of such authority shall be submitted with the
final plat.
2. A certificate to plat, current to not more than three business days prior to submittal of
the final plat, issued by a title company authorized to issue title policies in the State of
Alaska, shall be submitted with the final plat and shall be considered as prima facie
evidence of all parties having an interest in the land being subdivided. A certificate to
plat shall be valid for thirty days from date of issuance or update.
3. The certificate of ownership for a replat of multiple parcels owned by separate parties
shall show to which original parcel the signatory attests.
4. Multiple or otherwise notarized affidavits or certificates of ownership and dedication
may be substituted on separate 8 1/2 x 11 inch sheets, each containing the title of the
plat, surveyor's name and seal, and the date. The separate certificates shall be recorded
Page 29 of 43
simultaneously with the plat, each bearing appropriate references. A minimum of one
signed certificate must be on the face of the plat.
The certificate of ownership and dedication shall be substantially as follows:
Certificate of Ownership and Dedication
(I) (We) hereby certify that (I am) (we are) the owner(s) of the real
property shown and described hereon and that (I) (we) hereby adopt this
plan of subdivision and by (my) (our) free consent dedicate all rights -of-
way and public areas to public use and grant all easements to the use
shown, (if a special use easement being accepted by city, include
description and city name).
Owner's name and address
Certificates or affidavits of those parties having legal and equitable interest in the
property shall contain appropriate modifications to the owner's certificate.
6. All parties affixing their signature to a certificate of ownership and dedication shall sign
before an officer duly authorized to take acknowledgement of deeds who shall notarize
the signature in essentially the following form:
Notary's Acknowledgement
For:
Acknowledged before me this day of , 20
(Notary seal affixed)
Notary Public for Alaska
My commission expires
A certificate of acceptance for any dedicated right -of -way, easement, or other public
area in substantially the following from shall be executed by a government official
authorized to bind the governmental entity accepting the dedication. Nothing in this
paragraph impairs the authorized official from refusing a dedication for reasonable
public cause, consistent with applicable law or ordinance.
Certificate of Acceptance
The undersigned official identified by name and title is authorized to accept and
hereby accepts on behalf of for public uses and for public purposes
the real property to be dedicated by this plat including easements, rights -of -way, alleys,
and other public areas shown on this plat identified as follows:
. The acceptance of lands for public use or public
purpose does not obligate the public or any governing body to construct, operate, or
maintain improvements.
By: Date:
(Name and title of authorized official)
City of (insert name)
Page 30 of 43
8. Where a party's sole interest in the property is as beneficiary of a deed of trust, and the
deed of trust contains no prohibition against subdivision or replat of the property, the
owner of record may provide, in lieu of the beneficiary's signature, a notarized
statement on the plat, signed by the owner of record, which sets out a description of the
deed of trust and states that subdivision and/or replat are not prohibited thereby.
B. Surveyor's Certificate. By affixing the surveyor's signature and seal on the plat the
surveyor certifies that he /she is properly registered and licensed to practice land surveying in the
State of Alaska, that the plat represents a survey made by the surveyor or under the surveyor's
direct supervision, and that the monuments shown thereon exist as described, and that all
dimensions and other details are correct to the best of the surveyor's knowledge and belief. A
written certificate is optional.
C. Statement of Plat Approval. The signature of an authorized official of the borough
signifies that all applicable provisions of KPB Title 20 have been met and that the planning
commission has granted approval of the plat. The following form shall be shown on the final
plat to be executed by an authorized official after all conditions have been met:
Plat Approval
This plat was approved by the Kenai Peninsula Borough Planning
Commission at the meeting of
Kenai Peninsula Borough
By:
Authorized Official
D. Engineer's Wastewater Disposal Certificate. In addition to any plat notes required by
KPB Chapter 20.40, an engineer's dated signature on the face of the plat is required unless
excepted under KPB 20.40.020. By such dated signature, the qualified engineer is certifying that
he /she is properly registered and licensed to practice engineering in the State of Alaska and the
wastewater disposal data complies with all relevant sections of KPB Chapter 20.40.
20.60.200. Survey and monumentation.
A. All subdivisions shall be surveyed except subdivisions which only eliminate existing
property lines.
B. The subdivision of sections into aliquot parts and restoration of lost corners shall be
performed in accordance with the current U.S. Bureau of Land Management Manual of
Surveying Instructions unless the historical survey record indicates otherwise. Reference to the
BLM manual used shall be noted on the plat. All section subdivision details executed as part of
the subdivision work shall be monumented and shown on the plat. When a center 1/4 corner
must be determined it shall be set. A minimum survey accuracy of 1:5000 is required.
Monuments shall be set in a professional manner.
C. All corners and monuments found and set shall be shown and described on the plat with
the following information: date set, type of monument, and surveyor, as well as any other
information marked on the corner or monument. Standard or recurring information may be
shown in the monument description in the legend.
D. All monuments of record essential to the subdivision must be found. If any monument
is missing or is found disturbed or destroyed, it shall be remonumented or reference monumented
as appropriate.
Page 31 of 43
E. Monuments shall be set at all 1/4 and 1/16 corners controlling the location of a
subdivision. When these requirements cannot be met, a reference monument shall be tied to the
subdivision lines. Exterior angle points in the subdivision and lot corners shall be marked by at
least 5/8" x 24" iron rod and cap if not otherwise monumented. Unless approved by the planning
director, only monuments pertinent to the boundary of the subdivision, lot corners, angle points,
or points on line needed due to topography or to keep the distance between monumented points
to less than 1,320 feet may be set. Extraneous or incorrectly set monuments shall be removed
prior to filing the final plat.
F. Bearings and distances between the nearest subdivision property lines and official GLO
or BLM monuments shall be accurately described and delineated on the plat and the basis of
bearings shall be indicated
G. Unless otherwise provided, the '/4 and 1/16 monuments required by KPB 20.60.200(E)
shall consist of a marker equivalent in permanence to a metal marker which is 30 inches in
length and has a metal cap at the top with a minimum diameter of 2 inches. Such monuments
shall clearly display the following information: year set, monument identification (township,
range, section, and corner number), and registration number of surveyor.
20.60.210. Approval— Authority— Certificate issued when.
A. The planning director or commission shall approve, modify, or disapprove the final plat
of subdivision or dedication within 60 calendar days after the date of acceptance of the final plat
and shall transmit to the surveyor, with a copy to the subdivider, a letter of final review
indicating additions and revisions required prior to final borough approval and borough
signature. The planning director or commission shall not approve a final plat which does not
meet the requirements of this title or deviates in any significant way from the preliminary plat as
approved.
B. If not acted upon within 60 calendar days from the date of acceptance, the plat shall be
deemed to have been approved and a certificate to that effect shall be issued by the commission
on demand; provided, however, that the applicant for plat approval may consent to the extension
of such period.
C. Within one year of final plat approval by the planning director or the planning
commission, the applicant shall present the original plat for signature of either the planning
director or mayor. Failure to adhere to the time limits of this section shall void the final approval
of the plat.
D. When signed by either the mayor or planning director, the original plat shall be
recorded with the appropriate district recorder within ten business days by the director. The
planning director may authorize the surveyor who prepared the plat to record the plat.
20.60.220. Administrative approval.
A. Where a preliminary plat has been approved by the planning commission, the final plat
may be approved by the planning director when the final plat meets the conditions of preliminary
approval and complies with this title. The director's approval shall be on a notarized form. The
planning director shall report final plat approvals at the next regular plat committee meeting.
B. The planning director may refer the final plat to the planning commission when:
1. Major redesign was a condition of preliminary approval; or
2. Final approval by the commission was a condition of preliminary approval; or
Page 32 of 43
CHAPTER 20.70. VACATION REQUIREMENTS
20.70.010. Purpose of provisions.
The purpose of this chapter is to provide a means of evaluating the public necessity for
public rights -of -way and other public areas and to establish vacation procedures for the transfer
of unnecessary rights -of -way and other public areas to adjoining properties.
20.70.020. Statutory authority.
This chapter is enacted under the authority of AS 29.40.120 to 29.40.160.
20.70.030. Jurisdiction of provisions.
Except as otherwise provided by statute this chapter shall govern all vacation requests and
vacation actions within the Kenai Peninsula Borough. A recorded plat may not be altered or
replatted which affects a platted street, right -of -way, or other dedicated public area except as
herein provided.
20.70.040. Application— Petition required.
A. A platted right -of -way or platted public area may not be vacated, except upon petition by
resolution of the governing body from a municipality in which the property is located or by the
owners of the majority of land fronting or abutting the right -of -way or public area to be vacated.
The petition shall be filed with the planning commission.
B. A petition to vacate a utility easement only must be submitted by the owners of the land
subject to the easement.
20.70.050. Petition — Information required.
A. A recorded plat may not be altered or replatted except by the platting authority on
petition of the state, the borough, a public utility, or the owners of the majority of the land
affected by the alteration or replat. A platted street may not be vacated, except on petition of the
state, the borough, a public utility, or the owners of a majority of the land fronting the part of the
street sought to be vacated. The petition shall be filed with the platting authority and shall be
accompanied by a copy of the existing plat showing the proposed alteration or replat.
B. Persons listed on the borough assessor's tax roll shall be deemed the legal owners for
purposes of the vacation petition. The petition shall include a statement containing the reasons in
support of the vacation and be accompanied by a minimum of three copies of a sketch clearly
indicating the proposed vacation, submitted to the planning department at least 30 calendar days
in advance of the meeting at which it will be considered. Additional copies may be required as
needed. In cases where encroachments on public rights -of -way are in question, an as -built
survey, sealed by a surveyor, is required showing the improvements, existing travelways, amount
of encroachment, and any other submittal as requested by the planning commission. The burden
of proof shall lie with the petitioner to support the vacation.
C. In areas where right -of -way is being vacated due to excessive topographic features, a
contour map or centerline profile and/or right -of -way cross sectional view may be required by
the commission to substantiate the unusable right -of -way and show alternate and dedicated
routes to insure ingress and egress to adjacent lands.
D. If the proposed vacation lies within the boundaries of an incorporated city, comments
from the city advisory planning commission must be submitted with the petition.
Page 33 of 43
20.70.060. Fee required.
The fee established by the current Kenai Peninsula Borough Schedule of Rates, Charges and
Fees shall accompany the filing of the vacation petition.
20.70.070. Public hearing required.
Upon receipt of the complete vacation application including petition, sketches, and fee, the
planning commission shall schedule a public hearing on the petition to be conducted within 60
calendar days after filing.
20.70.080. Utility easement vacations.
A. Where a vacation petition is for a utility easement only, the petitioner has the
responsibility to obtain comments from the KPB Road Service Area and all appropriate utility
providers and submit those comments with the petition. The petition must be signed by the
owners of the land subject to the easement. A sketch showing the location of the requested
vacation must accompany the petition. A public hearing is not required in the case of vacation of
a utility easement that is not associated with the vacation of a right -of -way.
B. Publication of a notice in the newspaper is not required for utility easement vacations.
C. A notice shall be sent by regular mail to each property owner as shown on the Kenai
Peninsula Borough tax rolls within a 300 -foot radius from the utility easement proposed for
vacation.
D. When the application is complete, the planning director will take action on the
requested vacation within ten working days, either approving or denying the requested vacation.
If the director approves the vacation, a vacation resolution will be prepared and taken to the
planning commission for adoption, in accordance with KPB 20.70.140. If the director denies the
vacation, a letter containing the reasons supporting the denial will be sent to the petitioner. The
director may choose to forward any utility easement vacation request to the planning commission
for action. If the reasons for denial are resolved, the petitioner may submit a new petition for
vacation with documentation that the issues have been resolved, accompanied by a new fee.
20.70.090. Notice required.
The planning director shall publish a notice stating when and by whom the petition was
filed, its purpose, and the time and place of the public hearing. The notice shall describe,
through both legal and general description, the location, nature, and extent of the vacation. The
notice shall be published once a week for two consecutive weeks in a newspaper of general
circulation in the area of the vacation. Certified mail notice shall also be mailed to each property
owner as shown on borough tax rolls within a 300 -foot radius and regular mail notice sent to
owners within the next 300 -foot radius to equal a 600 -foot total notice radius from the
boundaries of the area proposed to be vacated. If the 600 foot radius does not include owners
other than the petitioner(s), notice must be sent to owners of parcels adjoining the boundaries of
the parcel(s) that contain the area of the proposed vacation. Notice by regular mail shall be sent
to all public utilities operating within the general area of the vacation and to the municipality in
which the property is located.
20.70.100. Hearing board — Authority and determination.
Page 34 of 43
The planning commission shall conduct the public hearing, consider the vacation
petition, and make its decision on the merits of the proposal. The planning director shall forward
a copy of the minutes pertaining to the action to the assembly or appropriate city council within
five calendar days following their decision.
20.70.110. Vacation consent —City council or assembly.
A. A vacation of a city street, public right -of -way, public area, or public easement located
within an incorporated city may not be approved without the consent of the city council. A
vacation of a street right -of -way, public area, or public easement within the borough outside of
the limits of cities may not be made without the consent of the borough assembly. The assembly
or council shall have 30 calendar days from the date of approval in which to veto the planning
commission decision. If no veto is received by the planning director within the specified period,
the city or borough shall be considered to have given consent to the vacation.
B. Assembly approval of vacations shall be by resolution. The resolution shall be recorded
in the appropriate recording district with reference to the plat being altered by the vacation.
20.70.120. Action after denial of vacation petition.
A. Denial of a vacation petition is a final act for which no further consideration shall be
given by the Kenai Peninsula Borough.
B. Upon denial by the planning commission, no reapplication or petition concerning the
same vacation may be filed within one calendar year of the date of the final denial action except
in the case where new evidence or circumstances exist that were not available or present when
the original petition was filed.
20.70.130. Vacation plat— Preparation, approval and recording.
Upon approval of the vacation request by the planning commission and no veto by the city
council or assembly, the applicant shall have a surveyor prepare and submit a plat including the
entire area approved for vacation in conformance with KPB 20.10.090. Only the area approved
for vacation by the assembly or council may be included on the plat.
20.70.140. Vacation resolution— easement.
Upon approval of an easement vacation not associated with the vacation of a right -of -way or
not requiring transfer of title or platting action, a vacation resolution may be adopted by the
planning commission and recorded by the planning department within the time frame set out in
the resolution to finalize the vacation. The petitioner is responsible for the recording fees.
20.70.150. Title to vacated area.
A. The title to the street or other public area vacated on a plat attaches to the lot or lands
bordering on the area in equal proportions, except that if the area was originally dedicated by
different persons, original boundary lines shall be adhered to so that the street area which lies on
one side of the boundary line shall attach to the abutting property on that side, and the street 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. If a public square is vacated, the title to it vests in the
city if it lies within the city and to the borough if it lies within the borough outside a city. If the
property vacated is a lot or tract, title vests in the rightful owner.
Page 35 of 43
B. If the borough or city acquired the street or other public area vacated for legal
consideration or by express dedication to and acceptance by the borough or city other than
required subdivision platting, before the final act of vacation the fair market value of the street or
public area shall be deposited with the platting authority to be paid over to the borough or city on
final vacation.
20.70.160. Partial vacation allowed.
Where the planning commission finds that a right -of -way must be preserved, but determines
there is excessive width for all intended uses within the right -of -way, the commission may
approve a partial vacation of a right -of -way such that the width is reduced to the maximum
necessary for the intended use. Such vacation shall conform to this title for the class of right -of-
way involved except where the right -of -way is not intended to be used for vehicular purposes.
20.70.170. Vehicular access.
The planning commission shall not approve the vacation of a right -of -way unless an equal or
superior right -of -way for vehicular access exists or will be provided in exchange. Where two or
more access points are necessary for large vacant or semi -vacant areas of land, the commission
shall consider density, use, projected development, and maintain sufficient rights -of -way to serve
potential use.
20.70.180. Other access.
Other lawful uses that exist or are feasible for the right -of -way shall be considered when
evaluating a vacation request. When such uses exist or could exist within rights -of -way which
are not suited for general road use, the commission shall not approve the vacation request, unless
it can be demonstrated that equal or superior access is or will be available. The planning
commission shall consider whether alternate uses present public safety issues which support
approval of the vacation.
20.70.190. Utility provisions.
All existing and future utility requirements shall be considered when evaluating a vacation
request. Rights -of -way which are utilized by a public utility or which logically would be
required by a public utility shall not be vacated, unless it can be demonstrated that equal or
superior access is or will be available. Where an easement would satisfactorily serve the utility
interests, and no other public need for the right -of -way exists, the commission may approve the
vacation and require that a public utility easement be granted in place of the right -of -way.
20.70.200. Waterfront access provisions.
A right -of -way which serves to provide access to public waters shall not be vacated unless
such a right -of -way is wholly impractical to all modes of transport including pedestrian or the
use of such right -of -way causes damage to the right -of -way, adjacent properties, the waterbody
or the watercourse, or threatens public safety which cannot otherwise be corrected and where
such continued damage or threat would be contrary to the public interest.
20.70.210. Other public areas.
Dedications of land for use other than rights -of -way, which are considered for vacation,
shall be approved only when it is in the public interest. The commission shall consider the
Page 36 of 43
intended purpose of the area, and any future uses of the area when making a decision. When a
legitimate public purpose is or would be served by use of the area proposed for vacation, the
commission shall not approve the vacation, unless the ownership of the land by the city or
borough in a form other than dedicated would adequately serve the intended use.
20.70.220. Section line easement vacations.
Section line easement vacation petitions must comply with the requirements of KPB
20.70.040, 20.70.050 and 20.70.060. A fee is required in compliance with KPB 20.70.060.
Public hearing and notice must comply with the requirements of KPB 20.70.070, 20.70.080,
20.70.100, 20.70.110 and 20.70.120. The mail notice required in KPB 20.70.090 may be by
regular mail. Publication on the planning commission agenda, advertised once in local papers,
posted in public areas and on the borough website prior to the meeting will satisfy the publishing
requirements. The petitioner is responsible for all submittals required by the State of Alaska
Department of Natural Resources (DNR) in compliance with their procedures. The petition must
be reviewed and approved by the planning commission but final authority for approval and
platting of the vacation rests with DNR. The petitioner is responsible for coordination with DNR
and submittals to DNR.
CHAPTER 20.90. DEFINITIONS
20.90.010. Definitions generally.
In this title, unless otherwise provided, or the context otherwise requires, the following
definitions shall apply.
"Access street": See definition of "Street' (A).
"Agenda" means the list of items to be considered by the planning commission or plat
committee, in the order in which they are to be taken up, and includes the time and location of
the meeting; the agenda also serves as public notice, published in local papers and online, and
posted in public locations.
"Aliquot part" means a rectangular portion of a section created by midpoint protraction as
defined by the "Manual of Surveying Instructions 1973," U.S. Department of the Interior, Bureau
of Land Management.
"Alley ": See definition of "Street' (E).
"Alternate onsite wastewater treatment and disposal" and "alternate soil absorption system"
mean a method of soil absorption treatment and disposal other than a conventional soil
absorption system, but exclude holding tanks or no -water carried disposal methods such ac
composting, incineration, or privies.
"Anadromous" means fish migrating up rivers and streams from the sea to breed in fresh
water.
Page 37 of 43
"Area suitable for conventional development" means ground not subject to slopes greater
than 25 percent or cataloged as potential wetlands on the KPB Geographic Information System
(GIS) wetland map.
"Arterial road ": See definition of "Street" (B).
"ADEC" means Alaska Department of Environmental Conservation.
"ADEC approval" means Alaska Department of Environmental Conservation letter to
construct or operate.
"Basis of Bearing" means the bearing in degrees, minutes and seconds, or equivalent,
between two monuments of record on a common line, which serves as the reference bearing for
all other lines on the survey.
"Block" means a piece or parcel of land entirely surrounded by public streets, streams,
railroads, rights -of -way, parks, and other public dedications, or a combination thereof.
"Building setback" is the area of the lot where permanent structures are not allowed. The
purpose of the setback is to promote safe public access, areas for emergency response, and traffic
sight distance. (See "Permanent Structures" definition.)
"Collector sewer" means that line used as a common receiver of sewage from more than one
service line.
"Collector system" means a wastewater collection system using methods of collection other
than pipes.
"Community soil absorption system" means a soil absorption system serving more than one
single - family or duplex residence.
"Contiguous" means parcels sharing a boundary or touching each other.
"Conventional soil absorption system" means a soil absorption system of typical trench, bed,
or seepage pit design as described by On -Site Wastewater Treatment and Disposal Systems
(Design Manual), EPA 625/1 -80 -012, October 1980, or A 1979 State of The Art Manual of On-
Site Wastewater Management, 1979, The National Environmental Health Association, using
natural subsurface undisturbed soils for the treatment media, or any soil absorption system with
the same characteristics.
"Corner" unless otherwise defined, means a property corner, or a property controlling
corner, or a public land survey corner, or any combination of these.
"Cul -de- sac ": See definition of "Street" (C).
Page 38 of 43
"Date of acceptance" means the date the planning director determines the submittal has met
all the submittal requirements of the appropriate portions of Chapter 20 and is accepted for
processing, scheduling and review.
"Date of distribution" or "distribution" means the date a notice, decision or other document
is provided, manually or electronically, or is postmarked, to a party of record.
"Date of notice" means the date a certified mail notice is postmarked or a public notice is
published.
"Date of submittal" means the date a preliminary or final plat, vacation, time extension, or
other item requiring planning department or planning commission review and action is submitted
for evaluation of completeness prior to acceptance for review.
"Disposal system" means a system, whose sole function is to provide a means of final
disposal of domestic wastewater to the environment.
"Domestic wastewater" means waterborne human wastes or gray water derived mainly from
dwellings, commercial buildings, institutions, or similar structures; domestic wastewater includes
contents from individual removable containers used in dwellings to collect human waste.
"Domestic wastewater disposal system" means a device, structure, or formation used to
dilute, dispose, treat, or discharge domestic wastewater, including injection wells, soil absorption
systems, outfalls, percolating lagoons, and land irrigation systems.
"Duplex" means a single structure designed to house two family dwelling units.
"Easement" means the grant of a certain right to the use of the land by parties other than the
owner. An easement is generally perpetual; if temporary, the condition for termination must be
stated.
A. Ingress and Egress Easement. The right to enter and leave or travel through property.
B. Utility Easement. The right to install and maintain utilities normally associated with
developed land such as electric, telephone, gas, drainage, sewer, and water facilities. The right of
ingress and egress for conducting utility operations is implicit.
C. Other Easements. Special purpose easements include, but are not limited to, slope,
screening, pedestrian, and pipeline easements. The specific conditions of these easements can
vary.
"Engineer" or "qualified engineer" means a licensed engineer registered to practice in
Alaska under AS 08.48 and 12 AAC 36 in the branch of engineering defined by 12 AAC
36.990(a)(17) applicable to the project.
"Engineering plans" means a set of plans approved and sealed by a registered engineer.
"Exception" means in this title a waiver, reduction, or variance from a subdivision
regulation.
Page 39 of 43
"Flag lot" or "panhandle lot' means a lot with two discernible portions, one a building site
portion not fronting on or abutting a street and the second portion abutting on the street and
providing private access by a narrow strip of land to the building site portion.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height, usually I foot, at any point.
"Frontage" means that dimension of a lot which abuts upon a road right -of -way or other
access.
"Frontage roads ": See definition of "Street' (D).
"Groundwater" means the subsurface water permanently or seasonally occupying the zone in
which the voids in the rock or soil are filled with water at a pressure greater than atmospheric.
"Holding tank" means of a watertight vessel or tank for the temporary storage of wastewater,
urine, or excrement.
"Initial point of survey" means the point at which the closure of a boundary survey
commences and ends. The initial point of survey must be labeled on the final plat and must agree
with the closure computations submitted with the final plat.
"Land survey" means measuring the field location of corners that:
A. Determine the boundary or boundaries common to two or more ownerships;
B. Retrace or establish land boundaries;
C. Retrace or establish boundary lines of public roads, streets, alleys, or trails; or
D. Plat lands and subdivisions thereof.
"Legal access" means a contiguous section line easement, platted public right -of -way, or
public access granted by recorded document and acceptable to the borough planning
commission, all of which must be constructible to the standards in KPB Chapter 14.06 from a
road right -of -way maintained by a municipality or State of Alaska DOTPF to a parcel.
"Lot" means the smallest portion of a subdivision, constituting a single parcel, division, or
piece of land with sides connecting the front and rear boundary lines of the parcel intended for
building development or conveyance as a single unit.
"Lot depth" means the average distance from street right -of -way to the rear lot line, which is
the lot line opposite and most distant from said street right -of -way.
"Lot width" means the distance between lot lines connecting front and rear lot lines at each
side of the lot, measured between the midpoints of such lines, unless otherwise specified.
Page 40 of 43
"Mean high water line" means the intersection of the mean high water (the average height of
all tidal high waters at a location for a period of 19 years) and the shore; may be labeled as
MHWL.
"Meander line" means a line described by courses and distances, being a straight line
between fixed points or monuments, or a series of connecting straight lines, used under this title
for purposes of calculating areas, and not used for fixing boundaries.
"Monument" means a point marked on the surface of the earth for commencing or
controlling a survey.
"Nominal five acres" means of, like, or relating to an aliquot five -acre part.
"Notice of decision" means written documentation of the decision of the planning
commission, plat committee, or assembly.
"Onsite treatment system with marine outfall" means a treatment system located on each lot,
or shared by adjacent lots, from which effluent is discharged through a single outfall extending to
marine water.
"Ordinary high water line" means that line of nontidal waters on the shore established by the
fluctuations of water and indicated by physical characteristics such as a clear, natural line
impressed on the bank, shelving changes in the character of soil, destruction of terrestrial
vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas; may be labeled as OHWL.
"Parties of record" unless specified otherwise means those persons who have commented in
a written and signed document or in person on an agenda item before the planning commission
or plat committee who own property within the notification radii established in this chapter.
"Permanent structures" for purposes of the building setback shall mean anything of a
permanent nature that requires footings, foundations or pilings. Improvements of a minor nature
that do not interfere with the sight distance from the right -of -way are allowed. Examples of
allowable improvements are well casings, low retaining walls, vent pipes, individual mailboxes,
address sign posts and transparent fencing such as metal chain link. (See `Building setback"
definition).
"Physical access" means access by the highest level of feasible, accepted transportation for
the area is possible. Unless in a remote location not accessed by the road system, this is generally
a minimum of 2 -wheel drive motor vehicle access.
"Planning director" means the principal executive officer of the department of planning, or
designee, as described in KPB 2.36.010.
Page 41 of 43
"Planning commission" or "commission" means the Kenai Peninsula Borough planning
commission as established in KPB Chapter 2.40 and unless otherwise stated shall also mean plat
committee as established in KPB 2.40.080.
"Plat" means a map or dedicated representation of a tract or parcels of land showing the
subdivision of such land into lots, blocks and streets, or other divisions, and other information in
compliance with the requirements of all applicable sections of this title and of local ordinances,
and may include the terms "replat" or "final plat."
"Platting authority" means the Kenai Peninsula Borough, the planning director, planning
commission or plat committee as appropriate to the context in which the term is used.
"Public water system" means a Class A or B system approved by the State of Alaska
Department of Environmental Conservation.
"Registered land surveyor" means a professional land surveyor registered to practice in
Alaska under AS Chapter 08.48.
"Right -of -way dedication' ' means transfer of the fee simple underlying ownership of a right -
of -way to the state, borough, or a municipality.
"Sealed" means prepared by an engineer or registered land surveyor, or a person under the
engineer's or surveyor's direct supervision, and bearing the signature and seal of that engineer or
surveyor as required by AS 08.48.221 and 12 AAC 36.185. The particular sealing requirement
in this chapter is covered by one or more seals and signatures (whichever applies) of a registered
engineer or registered land surveyor, appearing on the plans, drawings, reports, or other
documents.
"Soil absorption system" means a surface or subsurface system using soil for the treatment
and disposal of effluent from a domestic wastewater treatment works; "soil absorption system"
includes a filtering field, leaching field, seepage bed, or seepage pit, but does not include a
cesspool.
"Street" is a general term used to describe a right -of -way serving as a means of vehicular
and pedestrian travel, also furnishing spaces for sewers, public utilities, and vegetation; it
includes avenues, boulevards, roads, lanes, and other ways. Streets are classified as follows:
A. "Access streets" provide direct access to business, commercial, industrial, and
residential areas.
B. "Arterial road" means a road intended to carry traffic from local and subdivision roads
to major highways. May also be called a "collector road."
C. "Cul -de -sac streets" serve no through traffic and are closed permanently at one end with
a vehicular turnaround area.
D. "Frontage roads" parallel to and abutting an arterial street provide access to abutting
land.
E. "Alley" generally means a narrow street or thoroughfare through the middle of a block
giving access to the rear of lots or buildings; allowed only under city codes.
Page 42 of 43
"Subdivider" means any person, group, corporation, or other entity acting as a unit, or any
agent thereof, dividing or proposing to divide lands so as to constitute a subdivision as defined
herein.
"Subdivision" means the division of a tract or parcel of land into two or more lots, or other
divisions for the purpose of sale or building development, and includes resubdivision and relates
to the process of subdividing or to the land or areas subdivided. As used in this Chapter, it also
includes the elimination of lot lines.
"Surveyor" means any person licensed by the State of Alaska to practice land surveying.
"Vacation" means the process in which the right of public use or right of use of a dedicated
street, right -of -way, easement, or other public area is terminated.
"Wastewater" means water that has been used, as for washing, flushing or in a
manufacturing process, and so contains waste products.
"Watercourse" means a running stream of water fed from permanent or periodical natural
sources, such as rivers, creeks, glaciers and rivulets which flow in a particular direction in a
defined channel, having a bed and banks or sides, and usually discharging itself into another
stream or body of water. It must be more than mere surface drainage.
"Waterbody" means any permanent body of water, including any stream, creek, canal, river,
lake or bay, or any other body of water, natural or artificial.
Page 43 of 43
PLANNING & ZONING COMMISSION
Meets Second and Fourth Wednesday - 7:00 p.m.
Kenai City Council Chambers
Commission Member Name and
Home Phone
Business Phone
Email Address
Address
Term Ends
Kenneth Peterson
283 -9549
kao1946 anhotmail
December 31
Planning & Zoning Commission
com
2014
1608 Pine Avenue
Kenai, AK 99611
Diane Fikes
Planning & Zoning Commission
440 -8730
dmfkesna yahoo com 2015
307 Linwood Lane
Kenai, AK 99611
Phil Bryson
Planning & Zoning Commission
283 -4428
283 -4672
eileendbrvsonCa)gmail com 2015
1205 3' Avenue
Kenai, AK 99611
Brendyn Shiflea
283 -7668
283 -6801
bs_hifleana gmail com
Planning & Zoning Commission
— 2013
2748 Seine Court
Kenai, AK 99611
* *Henry Knackstedt
283- 2853(p)
262 -2021
hknackstedtnhotmailcom
Planning & Zoning Commission
283 -2853 (f)
2013
1602 Barabara Drive
Kenai, AK 99611
*Jeff Twait
283 -3919
398 -4624
jtwait(cilala --- nPt
Planning & Zoning Commission
2014
1808 Julie Anna Drive
Kenai, AK 99611
Jake Arness
Planning & Zoning Commission
252 -0928
394 -2610
jarness&udelhoven com 2014
PO Box 7253
Nikiski, AK 99635
Council Member Tim Navarre
394 -2303
283 -5636
timnavarre(d)gmail
Planning & Zoning Commission
com Council
P.O. Box 92
Liaison
Kenai, AK 99611
Nancy Carver, Acting Planner
283 -8237
ncarverCa�ci kenai ak
City of Kenai
City Admin.
210 Fidalgo Avenue
Liaison
Kenai, AK 99611
*Chair
* *Vice Chair
(09 -05 -2013)