22.10.010—22.10.030
SUBDIVISIONS
Chapters:
22.10
Subdivision Improvements
Chapter 22.10*[*]
SUBDIVISION IMPROVEMENTS
Sections:
22.10.020
Scope and authority.
22.10.040
Applicable and exempted subdivisions.
22.10.050
Improvement requirements General
22.10.052
Notification of neighboring property owners.
22.10.055
Underground utilities.
22.10.010 Intent. The intent of this chapter is to specify
regulations supplemental to the Kenai Peninsula Borough subdivision ordinance
and to specify the improvements to be required for each subdivision, and
exemptions to the requirements. (Ord. 87-8 (S) part), 1987)
22.10.020 Scope and
authority.
This chapter shall govern all subdivisions within the City of
22.10.030 Definitions. The following words and
phrases shall have the meanings set forth in this section, unless otherwise
provided or the context otherwise requires:
22.10.030(a)—22.10.050(b)
a. "Subdivider" means a person, firm,
association, partnership, corporation, governmental unit or combination of any
of these which may hold any recorded or equitable ownership interest in land,
and dividing or proposing to divide such land so as to constitute a subdivision
as defined in this section. This term shall also include all heirs, assigns or
successors in interest, or representatives of, the subdivider, owner,
proprietor or developer.
b. "Subdivision" means the division of a
tract or parcel of land into two or more lots, sites, or other divisions for
the purpose, whether immediate or future, of sale, lease, or building
development, including any subdivision or resubdivision. When appropriate to
the context, the term shall refer to the process of subdividing or to the land
or areas subdivided. (Ord. 87-8 (S) (part), 1987)
22.10.040 Applicable and
exempted subdivisions. The standards of this chapter shall apply to all subdivisions in
the City of
a. Resubdivision of existing subdivisions not to exceed three lots, and
involving no new dedications of rights-of-way;
b. Special conditions and circumstances exist which
are peculiar to the property involved, and are not generally applicable to
other properties in the City. These special conditions cannot be caused by the
actions of the applicant;
c. Financial hardship or inconvenience shall not be
considered grounds for granting exception;
d. Previous exceptions shall not be considered
grounds for granting exception. (Ord. 87-8 (S) (part), 1987)
22.10.050 Improvement requirements General.
a. No subdivision plat shall be released by the
Kenai Peninsula Borough for filing at the State Recorder's Office, until the
subdivider or developer of such subdivision constructs streets in all
rights-of-way dedicated by said plat, and all other utilities and other public
improvements to be constructed in said rights-of-way dedicated by said plat,
and all other utilities and other public improvements to be constructed in said
rights-of-way according to the standards and procedures required under Title 11
of this Code. The plat shall not be
released for filing until the City of
b. Plats may be exempted from these provisions by
the Commission as provided for in Section 22.10.040.
258-36 (Homer
12/06)
22.10.050(c)—22.10.055(b)
c. The subdivider shall be required to dedicate
street rights-of-way according to the standards and specifications of Chapter
11.04 of this Code and the City of
d. All street and utility main improvements to be constructed as part of a
subdivision improvement project shall be constructed according to the
procedures of Chapter 11.20 of this Code. The City shall accept no such
improvements unless a development agreement is executed prior to construction
of such improvements.
e. All streets constructed as part of a subdivision improvement project shall
be monumented according to the procedures of Chapter 11.20 (Section11.20.090
(d) of this Code. (Ord. 87-8 (S) (part), 1987)
22.10.051 Utility easements. Each lot of a new
subdivision must have access from a fifteen foot utility easement. (Ord. 90-5,
1990)
22.10.052 Notification of neighboring property
owners. A
copy of the preliminary plat shall be mailed to the owners of record on the
Kenai Peninsula Borough Assessor's records of real property within five hundred
feet of the periphery of the parcel affected by the proposed plat. (Ord. 93-1,
1993)
22.10.055 Underground
utilities.
a. All wire or cable facilities, including, but not
limited to, electric power, telephone and telecommunications cables, providing
permanent service in newly developed residential subdivisions shall be located
underground throughout the subdivision at the expense of the subdivision
developer. The subdivision developer is responsible for complying with the
requirements of this section and shall make necessary arrangements, including
financial arrangements, with the serving utility company or companies for the
installation of such facilities. The subdivision developer shall provide
appropriate easements or dedicated rights-of-way so as to provide access for
all utilities and so as to cause minimum conflict between utilities. Developers
of new commercial and industrial properties are encouraged to provide for the
location of all utilities underground.
b. All existing overhead utility wire or cable facilities, including, but not
limited to, electric power, telephone, and telecommunications cables which
shall,
258-37 (Homer
12/06)
22.10.055(b)—22.10.060
kind replacement. The provisions of this
subparagraph shall apply equally to the abandonment of pole lines except that
if one utility abandons a pole line another existing utility which shares that
pole line may buy the pole line and continue to use the pole line for the
acquiring utility's cable facilities.
c. After
d. Appurtenances such as transformers, switching
boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities
necessary to underground utilities may be placed above ground.
e. Exceptions to the requirement of this section that utility cable facilities
be placed underground may be approved by City Manager or designee for good
cause shown including, but not limited to, the following:
1. Plats which receive preliminary approval prior to adoption of the ordinance
from which this section derives;
2. Facilities which must cross abnormally wet,
swampy areas;
3. Facilities which must cross areas that are subject to abnormal frost
heaving;
4. Facilities which must be placed in areas subject
to abnormal drainage;
5. Facilities which must be placed in areas where the utility is unable to
obtain necessary rights-of-way;
6. Facilities providing temporary service not to
exceed one year when frozen ground or other conditions make burial of such facilities
an undue hardship on the utility;
7. Facilities which have to cross unplatted, or unrecorded, or undeveloped
tracts of land;
8. Electric power lines having a line to line
voltage greater than 35KV;
9. Electric power lines carrying more than one thousand
10. Future users of existing pole lines when the
host utility is overhead; provided, however, the future user must agree to
vacate the pole line when the host utility vacates the pole line.
f. Exceptions, other than those listed in subsection d of this section, to the
requirements of this section may be granted by the City Council, after review
and recommendation by the Planning Commission, upon making a finding that
conditions exist which make underground placement of utilities unreasonable or
impractical. (Ord. 06-50(S) §1 (part), 2006); Ord. 87-8 (S) (part), 1987)
22.10.060 Appeals. Any person or persons who are affected by an
action or determination taken under this chapter, may appeal said action under
the appeals procedure outlined in Chapter 21.93 of this Code. Appeals from any
action by the City Council granting or denying an exception under subsections d
and e of Section 22.10.055
258-38 (Homer
09/09)
22.10.060—22.10.070
denying
an exception under subsections d and e of Section 22.10.055 shall be taken
directly to the Superior Court for the State of Alaska, within thirty days from
the date of such action. (Ord. 87-8 (S) (part), 1987)
22.10.070 Violation Penalty. The violation of any
provision contained in this chapter shall be punished under Section 1.16.010.
(Ord. 87-8 (S) (part), 1987)
REMAINDER OF
258-39 (Homer
12/06)
[*] Editor’s Note: The provisions of this chapter were
originally enacted by Ordinances 85-15 and 96-39(S), which were repealed by
Ordinance 87-8(S).
258-35 (Homer
12/06)