DENALI BOROUGH, ALASKA
ORDINANCE
96-22
an ordinance amending
ordinance 96-07, providing FOR subdividing and platting of lands within the
denali borough.
BE IT ENACTED by the Assembly of the Denali Borough,
Alaska that:
Section
1. Classification. This ordinance is of a general and permanent nature.
Section
2. Purpose. The purpose of this ordinance is to provide for subdividing and
platting within the Denali Borough.
Section 3. Applicability. Each of the following sections will apply to all subdividing and platting of land, for lease or sale, within the Denali Borough.
Section
4. Authority.
1.)
Alaska
Statutes Title 29.35.180 (b)
2.)
Denali
Borough Code of Ordinances, Chapter 35
Section 5. Definitions.
1.)
Application
Conference: The purpose of the conference
is to inform
the Land Technician of the subdivider development
plans, and to inform the surveyor/subdivider of the Borough’s development plans
and procedures. The conference may be
accomplished via telephone or meeting in person with the Land Technician. The Land Technician may waive the
application conference if it is found not necessary.
During the conference, the Land Technician shall
review with the surveyor/subdivider the submitted plat and recommend
modifications
to conform the proposed application and preliminary
plat to the Borough policies and requirements.
No proceeding under this section binds the Land
Technician or staff in their review of any plat, or relieves the subdivider and
surveyor of the responsibility of independently becoming familiar with the
procedures
and standards for approval
of an application under this ordinance.
2.)
Borough:
[All lands lying within the] The Denali Borough.
3.)
Borough
Assembly: the Denali Borough Assembly
4.) Easement: Any parcel of land reserved by the subdivider for public
utilities, drainage or other
specified uses, the title to which shall remain in the name of the property owner, subject to the
right of use designated on the subdivision plat or other document.
5.) Plat: A map or delineated representative of a
tract or parcel of land
showing the subdivision of
land into lots, blocks, streets, or other divisions.
6.) Plat Amendments: An amended plat is a plat of record that is
corrected and recorded to correct a technical error that does not affect
acreage, property lines, or valid existing rights.
7.) Platting Authority: The Denali Borough [Assembly sitting as
the] Planning Commission.
8.) Preliminary
Plat: a map or delineated
representation of a tract or parcel
of land
showing the prominent features of a proposed subdivision, submitted to the
Borough for the purpose of preliminary consideration.
9.)
Replat:
means the delineation of an
existing lot, plot or tract of a
previously recorded
subdivision involving the change of property lines and, after vacation, the
altering of dedicated streets, easements or public areas.
10.)
Right-of-way:
A parcel of land reserved for public or private access.
11.) Short Plat:
The short plat process provides a mechanism by which subdivision approval may
be granted by the Administrator. A
proposed subdivision qualifies for the short plat procedure if it does not
require the dedication of a public right-of-way, and:
A.) It results in the creation of not more than four lots, or
B.)
Involves the movement or elimination of lot
lines which does not
result in the creation of an
additional lot or lots, or
C.)
Is the subdivision of a communication site
or utility site, or
D.)
Is a boundary survey of an existing deeded
parcel, or
E.)
Vacates a platted Utility Easement.
11.) Subdivider: The owner
or agent of the owner of land, which is being subdivided pursuant to this
ordinance. All platting entitlement applications must be made by the
owner, or authorized agent of the owner, of the property subject to the
entitlement. The authorization must be
in writing, executed by the owner, notarized, and include all names, mailing
addresses, and telephone numbers for both the owner and authorized agent.
12.) Subdivision:
A subdivision means the division of a tract or parcel into two or more lots by
the landowner or by creation of public access, excluding common carrier and
public utility access. A subdivision
does not include cadastral plats or cadastral control plats created by or on
behalf of the United States Department of the Interior, Bureau of Land
Management, regardless of whether these plats include easements or other public
dedications.
13.)Surveyor: “registered surveyor” or “professional land
surveyor”
means a person who has been
registered by the State of Alaska Board of Registration for Architects,
Engineers and Land Surveyors to currently practice land surveying in Alaska in
conformance with AS 38.05.365(18).
Section
6 Procedures for Subdivision
Review.
6.1 Short Plats
A.) Application Conference: It is recommended that the subdivider/surveyor
hold an application conference with the Land Technician.
B.) Preliminary Plat Submittal: The subdivider/surveyor shall submit the
following to the Borough office:
1.)
Two
copies of the preliminary plat per Subsection 4 (A), Plat Standards for
Preliminary Plats.
2.)
A
report from a title company, showing the legal and equitable owners of the land
to be subdivided and all grants, reservations, covenants, deed restrictions,
and easements of record. Copies of all
documents identified shall accompany the report.
C.) Preliminary Plat Review: The [administration] administrator shall review and adjudicate the preliminary plat within [ten working] thirty (30) calendar days after the acceptance of the preliminary plat submittal.
D.)
If the administrator fails to take action within [ten (10)
working] 30
calendar days, the preliminary plat becomes
final and approved.
E.) Final Plat Submittal: The subdivider shall submit two (2) copies
of the
final plat per subsection 4 (C) “Plat
Standards for Final Plats.”
F.) Final Plat Review: The administrator shall adjudicate the final plat within [ten
working] thirty (30) calendar days after
acceptance of the final plat submittal.
G.)
If the administrator fails to take action on
the final plat within 30
calendar days, the plat becomes final and approved.
6.2 Subdivision Plats
A.) Application Conference: It is recommended that the subdivider/surveyor
hold an application conference with the Land Technician.
B.)
Preliminary
Plat Submittal: The subdivider/surveyor shall submit the
following to the Borough office:
1.)
Fourteen (14) Copies of the Preliminary Plat
per
subsection 4 (A) “Plat
Standards for Preliminary Plats.”
2.) A report
from a title company, showing the legal and equitable owners of the land to be
subdivided and all grants, reservations, covenants, deed restrictions, and
easements of record. Copies of all
documents identified shall accompany the report.
C.)
Preliminary
Plat Review: Preliminary Plat shall be
submitted to the Land
Technician 16 days prior to the regularly
scheduled Planning Commission
meeting. Commission meeting date
changes shall not affect this timetable.
The Planning Commission shall adjudicate the preliminary
plat within [60]ninety (90) calendar days after acceptance of the
preliminary plat submittal. If the Planning Commission fails to take
action on the preliminary plat within [60] ninety
(90) calendar days, it becomes final and approved.
D.)
Final Plat Submittals:
1.)
The
subdivider shall submit two (2) copies of the final plat per
subsection 4 (C) “Plat Standards for Final Plats.”
E.)
Final Plat Review:
1.)
The
administrator shall adjudicate the final plat within [ten (10) working] thirty
30 calendar days after acceptance of the final plat submittal.
2.)
If
the [Planning Commission] administrator fails to take action on
the [preliminary plat] final plat within[60]ninety (90)
calendar
days, it becomes final and
approved.
6.3
Submittals shall be made to:
Denali Borough Land Technician
P.O. Box 480
Healy, AK 99743
PHONE: 907-683-1330 FAX: 907-683-1340
Or submitted in person to the Borough office located
in the Tri-Valley Community Center, Healy Spur Rd., Healy, Alaska.
6.4 Plat Standards
A.) Preliminary Plats shall contain the following:
1.
Name
of proposed subdivision if applicable
2.
Name
and address of owner(s)
3.
Name
of Surveyor, State of Alaska Certified Number
4.
Date
5.
Scale,
not to exceed 500 ft. to an inch
6.
North
Arrow with declination
7.
Approximate
dimensions and size of lots created
8.
Legal
description of property: General location ( ¼, ¼, Section, ASLS # or USS # if
possible)
9.
General
configuration of lakes and streams
10.
Survey
data of exterior boundaries (If sufficient recorded survey data exists to delineate
the exterior boundaries, no additional exterior boundary survey is required for
preliminary plat of subdivision scheme)
11.
Projected
estimate of interior lot lines including projected bearings and distances.
12.
Lot number including areas in
sq. ft. and acres, 40,000 minimum sq.
footage. Variances
shall be considered on a case by case basis.
13.
Identify
US Public Land System lines (section, forty, etc.)
14.
Identification
of all adjoining lands
15.
Identification
of adjacent streets, and right angle widths
16.
All
existing public, or private rights-of-way, and easements of record including
location, width, type and purpose.
17.
Vicinity
Map with a scale of 1” = 1 mile showing location of the proposed subdivision,
access routes, and section lines.
18.
All preliminary plats shall be clear and
legible,
drawn of a scale suitable to
the lot size and information, and have a minimum size of 11" x 17".
B.) Preliminary Approval will be valid for 2 years from the Preliminary
Approval Date. In that time period the applicant must complete the final plat and record the subdivision.
C.) Final Plats shall contain all items required for preliminary plat approval plus
the following:
1. After approval of the preliminary plat [by the Planning
Commission],
the surveyor shall submit
the final plat. The base sheets must be of good quality, linen, or mylar at least 3 mil. thick.
The plat shall be of one of
four standard sizes:
a.
18”x
24”
b.
24”x
36”
c.
[32”x
36”] 32” x 36”
d.
31
½” x 34”
1.
A
basis of bearing statement
2.
Ties
to any two (2) primary monuments of record by bearing and distance
3.
Show
“recorded as” bearings and distances if different
4.
Survey
of ordinary high water line, length and bearing
5.
Length
and bearing of interior lots lines
6.
Legend:
identify irons and weights
7.
Identify
all found or placed monuments
8.
Curve
information
a.
radius
b.
central
angle
c.
arc
length
9.
Curve
identifier
10.
Surveyor’s
Certificate, always, Owner’s and Mortgagee’s if applicable.
11.
Stamp
of land surveyor responsible for survey and map.
12.
A
notary seal should be affixed to the original plat and each original plat copy.
13.
The
final and one black line print shall be submitted. Unsigned to the Denali
Borough Land Technician for final approval.
14.
The
final plat shall include the following certification with date and signature
lines.
a)
Denali
Borough Plat Approval*
b)
Certificate
of Ownership and Dedication*
c)
Notary’s
Acknowledgement*
d)
Surveyor’s
Certificate*
·
See example
sheets
Section 7 Access. Legal access shall be a consideration for plat approval.
Section
8 Variances. Whenever the tract to be subdivided is of such unusual size or
shape or is surrounded by such development of conditions that the strict
application of the provisions of this Ordinance shall result in substantial
hardships, the Planning Commission may vary or modify such requirements to the
end that the subdivision may be developed consistent with public welfare and
safety. The Planning Commission may
impose reasonable conditions when a variance is granted and shall state in
writing its reasons for granting any variance. The application shall describe
the requested variance and specify the portion of the Ordinance from which
relief is sought.
Section 9 Plat Amendments.
1.)
[No plat may be altered, amended
or changed except
upon petition of the owners of a majority of
the land affected by
the alteration, amendment or change. The petition shall show the
changes contemplated.] A recorded plat may not be amended or
re-platted except by the platting authority on petition of the
state, the borough, a public utility company, the property
owner, or the owners of the majority of the land affected by the amendment or re-plat. A platted street may not be vacated,
except on the petition of the state, the borough, a public utility company, or the owners of a majority of 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 amendment or replat.
2.) The petition shall be filed with the Land
Technician,
requesting that the plat,
addition or subdivision be amended or replatted. A plat, draft, or a copy of the existing plat showing the
proposed amendment or replat shall accompany the petition.
3.) The
Borough [Assembly] Planning Commission shall hold public hearing
on an alteration or replat petition not more than 60 days after the petition is
filed with the Land Technician.
4.) The Borough [Assembly] Planning Commission
shall consider the alteration or replat petition at the public hearing and make
its decision on the merits of the proposal.
5.) If the alteration or replat is approved, the revised plat shall be acknowledged, filed and recorded in accordance with the Denali Borough Ord. 96-22.
*Note: see attached replat
example.
Section 10 Vacations of [Section Line] Easements and Rights of Way.
A dedication to public use of land or interests in
land may be vacated if the dedication is no longer necessary for present or
future public use. The Planning
Commission shall review applications for vacations as follows:
1. The Planning Commission shall
ordinarily approve vacations if:
a. the vacation is
conditioned upon the final approval of a plat affecting the same land which
provides equal or better access to all areas affected by the vacation;
b. the right‑of‑way is not
being used, a road is impossible or impractical to construct, and an
alternative access has been provided.
2. The Planning Commission shall not
ordinarily approve vacations of public interests in land if:
a. there is not better access provided;
b. the vacation is of a public right‑of‑way
providing access to a lake, river or other area with public interest or value,
unless the owner provides alternate and equal access.
3. In other cases, the Planning
Commission shall review requested vacations on a case‑by‑case basis
to determine whether
the property is necessary or desirable for present or future use.
4. The Planning Commission shall not
routinely approve any vacation of a public interest in land where objections to the vacation are made by persons with an
interest in land adjacent to or affected by the vacation, or by any government
agency or
department which has a
responsibility to the public which may be affected by the vacation. If the Planning Commission finds an
objection to be valid the vacation will be denied unless the objection is first
satisfactorily resolved.
[1]5. Vacation
of a section line easement shall be subject to the requirements of Alaska
Administration Code 11 AAC 53.
[2]6. [Section
line easements]Vacation petitions shall follow the procedures
under Section 9 of this chapter and
include the following:
a. [Petition
signed by the owners of the majority of
the land adjoining the area to be vacated.]
The name, address and land ownership of each petitioner and all
other land owners within the petition area and within 500 feet beyond the
petition area;
b. Plat
copies, as needed, [of a section line vacation plat,] drawn to the
specifications of the Denali Borough Ordinance 96‑22;
c. Legal description [and width] of the [section line] area
to be vacated;
d. Reason
for the vacation request;
e. Written
recommendations from affected agencies and municipality or satisfactory evidence
that they have received the preliminary plat or sketch ten working days prior
to the application being submitted to the Denali Borough Land Technician. Reviewing agencies shall have a maximum of
ten working days for their review and response.
f. The appropriate [State of
Alaska]agency, or utility company, shall
sign the final plat prior to recording.
Section 11 Appeals.
1.) Should
the application for preliminary plat be rejected by the Denali
Borough for deficiency, the applicant may re-submit a corrected
preliminary plat within [ten (10)]thirty
(30) days of the rejection to
the Borough Land Technician for review and /or submittal to the Borough
[Assembly] Planning
Commission. Once the deficiencies are corrected, the
application shall be immediately accepted.
2.) An
applicant for subdivision [under the short plat procedure] aggrieved by the
decision of the administrator or the Denali Borough Planning Commission may
appeal the decision to the Denali Borough [Planning Commission] Assembly within 30 days.
3.)
An applicant aggrieved by the [final] action of the Denali Borough
[Planning Commission]Assembly may appeal to the Superior Court in the manner provided
in the Alaska Rules of Appellate Procedure for appeals from administrative
agencies.
Section 12 Enforcement.
1.) In the event of a default of the observance
of the conditions set forth in the subdivision and platting regulations, a
written notice will be issued by the Denali Borough Administrator. Thirty days after the written notice of
default, the Denali Borough [Assembly] Planning Commission, or the Borough Administrator, may rescind its
preliminary approval if the original conditions of approval are not complete.
