KENAI PENINSULA BOROUGH

ORDINANCE 2001-47

AN ORDINANCE AMENDING KPB TITLE 20 "SUBDIVISIONS" PROVIDING FOR THE CONSTRUCTION OF ROADS TO BOROUGH MAINTENANCE STANDARDS PRIOR TO FINAL PLAT APPROVAL

WHEREAS, there are numerous dedicated rights-of-way that are poorly constructed within the Kenai Peninsula Borough Road Service Area ("RSA"); and

WHEREAS, residents of the RSA turn to the borough to resolve issues of poor road construction; and

WHEREAS, costs of road construction may be included in the cost of subdivision lots; and

WHEREAS, borough personnel and resources are expended in resolving road construction issues because roads are not constructed before final plat approval of the dedication; and

WHEREAS, requiring construction of roads before final plat approval would best serve the growing number of residents and homebuyers within the borough;

WHEREAS, other second class boroughs within Alaska require construction of roads before final plat approval; and

WHEREAS, subdivisions in near proximity to borough- or state-maintained roads are typically purchased by people who expect to receive road maintenance; and

WHEREAS, roads initially constructed to borough standards decrease access and safety problems for residents and taxpayers of the RSA; and

WHEREAS, roads constructed to borough standards will provide an important service in RSA maintenance to borough residents; and

WHEREAS, it is common practice to require certificates or signatures from other departments or agencies as a condition of final plat approval; and

WHEREAS, the RSA board certifies roads for maintenance and has continuing responsibility for improvement and maintenance of roads certified for maintenance; and

WHEREAS, goal 4.1 of the comprehensive plan is to continue maintenance of borough roads, and goal 4.2 is to establish procedures to upgrade substandard roads;

NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. KPB Chapter 20.08 "Definitions" is amended by adding a new section as follows:

20.08.065. Legal access.

"Legal access" in this chapter means a contiguous section line easement, platted public right-of-way, or public access granted by recorded document from a road right-of-way maintained by the Kenai Peninsula Borough Road Service Area or State of Alaska DOTPF to a parcel.

"Unsubdivided remainder" means the portion of a parcel that has received preliminary plat approval but does not have recorded final plat approval.

SECTION 2. KPB Chapter 20.16 "Final Plat" is amended by adding a new section as follows:

20.16.065. Road construction required within road service area.

A. Road construction required. The subdivider must provide a certificate from the Kenai Peninsula Borough Road Service Area Board that all roads within the road service area dedicated by the plat are constructed to the standards set forth in KPB 14.06:

1. where the outer boundaries of the subdivision are abutting or adjacent to a borough- or state-maintained road; or

2. where borough or state maintenance terminates at a subdivided lot, parcel, or tract abutting the proposed subdivision, and the proposed subdivision includes at least five lots.

B. Access. Subdivision design shall provide connection to a state- or borough-maintained road where feasible. For subdivisions meeting the criteria of KPB 21.16.065(A)(2), the access to the subdivision must be constructed to KPB 14.06 standards if any of the subdivision boundaries are less than 330 feet from a borough- or state-maintained road.

C. Procedure. Subdividers shall make application for certification for maintenance with the road service area prior to final plat approval consistent with the provisions of KPB 14.06 and any applicable road service area board resolutions. Roads receiving the road service area certificate referred to in KPB 20.16.065(A) shall be certified for maintenance contingent on final plat approval and dedication of the roads to the borough.

D. Phased subdivisions. Roads need only be constructed for that phase of the subdivision submitted for final plat approval. Phases of subdivisions must be submitted in such order that the roads in the first phase receiving final plat approval are connected or most adjacent to the maintained access to the subdivision. Subdivision phases must be numbered consecutively in the order which they are submitted for final plat approval, beginning with "phase one."

E. Legal access exemption.

1. Subdivisions without legal access are exempt from the requirement of KPB 20.16.065(A).

2. Subdivisions which require access via an Alaska Railroad Corporation corridor are not exempt from the provisions of KPB 20.16.065(A). Subdividers must obtain an Alaska Railroad Corporation crossing permit prior to final plat approval.

F. Exceptions. Exceptions to this section under KPB 20.24 are prohibited; any reduction in road construction standards must be granted by the road service area board resolution pursuant to KPB 14.06.130. Any necessary exception must be granted before final plat approval.

G. Deferred improvement surety.

1. When the preliminary plat of a subdivision is approved subject to conditions requiring the construction of roads, the final plat may be recorded prior to the completion of the improvements if the applicant meets the following requirements:

a. On a form provided by the road service area, the applicant shall submit a design for the bonded improvements and an estimate of the cost of required road construction. The subdivision improvement cost estimate shall be certified by a civil engineer.

b. Upon acceptance of the cost estimate by the road service area board, the applicant shall submit to the road service area board a bond issued by a qualified corporate surety licensed to do business in Alaska guaranteeing payment to the borough of one hundred twenty percent of the certified subdivision improvement cost.

(1) In place of the bond required hereunder, the applicant may offer other suitable surety equal to one hundred twenty percent of the certified subdivision improvement cost estimate when approved by the road service area board.

(2) In the event the applicant fails to complete the subdivision improvements within one year after final plat approval or, if applicable, within such other deadline as may be specified in the platting authority's approval of the plat, the borough shall redeem the surety for construction of required improvements.

2. Surety shall be returned by the road service area upon completion by the applicant and approval of required improvements.

H. Appeals. Appeals of exceptions or conditions placed on road construction may be taken to the Superior Court at Kenai, Third Judicial District, State of Alaska, pursuant to the Alaska Rules of Appellate Procedure.

I. Time frame. Final plats must be submitted to the planning department within two years of the date of preliminary plat approval or the preliminary plat approval is void. The planning commission may grant extensions to the time period for final plat approval if such extension is requested before the expiration of the original deadline for final plat approval. Extensions may be granted for one year periods. If an extension to the deadline for final plat approval is granted, the subdivider must comply with the borough laws in effect on the date the final plat is approved.

SECTION 3. That KPB 20.20.240 is repealed:

SECTION 4. That this ordinance takes effect immediately upon its enactment. Plats which have received preliminary approval or an extension for final plat approval on the date of adoption of this ordinance are subject to the subdivision regulations in effect on the date preliminary plat approval or the extension was granted. Any further extensions for final plat approval are subject to the requirements of this ordinance.

ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2002.