Chapters:

Sections:

11.04.010 Intent. The intent of this chapter is to:
a. Promote the safety, convenience, comfort, and common welfare of the public by providing for minimum standards to regulate design and construction of public streets, roads, and highways within the City.
b. Minimize public liability for publicly and privately developed improvements by ensuring that roads and streets will be built to City standards. (Ord. 85-14 (part), 1985).

11.04.020 Applicability. The requirements of this chapter shall govern the construction or reconstruction of roads and streets within the City of Homer. (Ord. 87-6(S) 1(part), 1987).

11.04.030 Definitions. In this chapter, unless otherwise provided, or the contest otherwise requires, the following words and phrases shall have the meanings set forth below:
a. "Arterial" means a street or highway which provides as a major function the transmission of vehicular through traffic along its prolongation or length (in preference to traffic entering the street or highway from an abutting lot or intersecting road), and which performs a major role in serving the transportation needs of the community (by serving relatively longer trip lengths with minimal interference and higher speeds), and which is identified as an arterial on the Homer Master Roads and Streets Plan.
b."As-built drawings" means the plan and profile drawings of the improvements as constructed, drawn to the same level of detail as the original design drawings.
c."Base Course" means a layer of crushed aggregate placed atop the subbase, according to a specified gradation.
d."City" means the City of Homer, a municipal corporation, acting through the City manager and/or his designees.
e."Collector" means a street which collects traffic from local streets and/or relatively large traffic generators, and channels it into the arterial system, and is identified as a "commercial/industrial collector" or is a "residential collector" in the Homer Master Plan for Roads and Streets. (A "commercial/industrial collector" is a collector located in a commercial or industrial zoning district, while a "residential collector" is a collector located in a residential, district.)
f."Cross culvert" means a culvert which crosses beneath the traveled way of street, such that its ends are exposed on the embankment of each side of the street.
g."Cul-de-sac" means a street that is closed at one end and which is therefore required to provide a circular turnaround.
h."Design Criteria Manual" means a publication issued by the City of Homer entitled "Design Criteria Manual for Streets and Storm Drainage," dated April, 1985.
i."Design engineer" is a professional civil engineer, registered in the State of Alaska, who shall perform the project design for the developer.
j."Developer" means a person, firm, association, partnership, corporation, governmental unit, or combination of any of these which proposes to install street improvements, either as part of a subdivision development or as a development project on an existing right-of-way.
k."Drainage Management Plan" refers to the City of Homer's documents entitled "Drainage Management Plan - Homer, Alaska" (dated August, 1979) and "Revised Drainage Management Plan - Homer, Alaska" (dated February, 1982).
l."Driveway" means an entrance/exist roadway which provides lateral access to a private property from a public right-of-way, and which is located on private property except for its junction with the public road within such right-of-way.
m."Driveway intersection" means the junction of a driveway with a street or other public road.
n."Local street" is a street which services primarily relatively short trip lengths and low traffic, allowing transmission of traffic from abutting lots to the collector or arterial system, and which does not qualify for designation as a collector or arterial. For the purposes of this ordinance, local streets are segregated into tow subclasses: "local residential" streets are those local streets situated in residential zoning districts and "local commercial/industrial" streets are those local streets located in commercial or industrial zoning districts.
o."Master Roads and Streets Plan" refers to the document labeled such, adopted by the City of Homer.
p."Nonfrost susceptible material" means nonorganic soil containing less than three percent by weight of grains smaller than .02 mm obtained from minus three-inch material.
q.Permanent maintenance" means grading, pavement patching, ditching, culvert thawing, snowplowing, sanding, and other work, performed on an all-seasons basis for maintenance of city streets.
r. "Right-of-way" means land, property, or interest therein, usually in a strip, acquired for or dedicated to the public for transportation purposes.
s.Road" is a general term denoting a public way or track, or any length thereof, generally in rural areas, used for purposes of vehicular travel.
t."Roadway" means the portion of a street, road, or highway, including shoulders, for vehicular use.
u."Shoulder" means the portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles for emergency use, and/or for lateral support of base and surface courses.
v."Street" is a general term denoting a public way or track, or any length thereof, in urban settings, used for purposes of vehicular travel.
w."Street intersection" means the junction of two or more public roads, i.e., roads located within public rights-of-way.
x."Subbase" means the specified or selected material of planned thickness placed atop the subgrade and below the base course.
y."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 being subdivided, The term shall also include all heirs, assigns or successors in interest, or representatives of the subdivider, owner, proprietor or developer.
z. "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, and when appropriate to the context, the process of subdividing or the land subdivided. A "new subdivision" is an subdivision in which a plat has received preliminary approval prior to the effective date of this chapter. There will be no time extension allowed for said preliminary plat to be considered at a later date.
aa."Subgrade" means the basement soil material in excavation (cuts), embankment (fills), and embankment foundations immediately below the first layer of subbase and to such depth as may affect the structural design of the roadway.
bb."Traveled way" means that portion of the roadway reserved for the movement of vehicles, exclusive of shoulders.
cc."Winter maintenance" means snowplowing and sanding of roads during winter months; this definition specifically excludes culvert maintenance and prevention or alleviation of glaciation (aufeis) affects. (Ord. 87-6(S) 1(part), 1987; Ord. 85-14 (part), 1985).

11.04.040 Street construction, design and dedication requirements--General. a. All streets or roads constructed or reconstructed within the City of Homer after the effective date of the ordinance codified in this chapter shall adhere to the dedication, design and construction standards set forth in this chapter and shall also be designed and constructed according to the procedures and standards set forth in Chapter 11.20, unless waived as provided in Chapter 11.20.
b.The City shall require new subdivisions to dedicate the rights-of-way according to the widths specified in Section 11.04.060(f) below, according to the appropriate functional classification. Arterials and collectors are as designated in the Master Roads and Streets Plan. This provision may be waived on a case-by-case basis by the Director of Public Works by requiring a minimum dedicated right-of-way of sixty feet along with an expanded building setback of sufficient width to equal the rights-of-way widths specified in Section 11.04.060(f).
c.The Planning Commission shall require the dedication of a half street if the other half of the street has been dedicated or can reasonably be expected to be dedicated, unless it determines the street would be unnecessary or undesirable. It shall further require half-street dedications if the street is on the Master Plan for Roads and Streets map as a planned improvement of is the logical existing street.
d.When a subdivision boarders or contains a street designated an arterial on the Master Plan map, the Homer Advisory Planning commission may require shared access or the dedication of a frontage street. Alternatively, an interior road may be required (along the rear lot lines of the lots abutting the arterial) which will serve the access requirements of all the lots fronting the arterial. (Ord. 87-6 1(part), 1987; Ord. 85-14 (part), 1985).

11.04.050 Master Roads and Streets Plan--Adopted.a.The City hereby adopts the functional classification system, Master Plan map, and preliminary plans and profiles of future streets contained in the Master Roads and Streets Plan.
b.In all new subdivisions, excepting those specifically exempted in Chapter 22.10, the subdivider shall be required to dedicate street rights-of-way designated as arterials or collectors on the Master Plan for Roads and Streets map, in general agreement with the location and geometrics outlined on the map and, if preliminary engineering plans have been prepared, in general accordance with the route layout specified therein. The Planning commission may require adjustments to the proposed plat at the preliminary platting stage if it finds that such geometrics and alignments are not adhered to.
c.If a development includes a segment of an arterial or collector street as shown on the Master Plan, the developer shall construct the streets on the alignment adopted in the Master Roads and Streets Plan, and according to the geometric requirements (maximum grade, curvature, and intersection grade, and minimum intersection curb return radius) conforming to the respective classification. The developer, in such case, shall be required to construct the street to a twenty-eight-foot width in accordance with the minimum requirements of a local residential street; provided, however, that the City may, upon director of the City Council, elect to require construction to the full standards and pay to the developer the cost difference between the required street and the proposed street.
d.The City Council shall be empowered to designate additional routes as arterials and collectors beyond those adopted on the Master Plan map. (Ord. 87-6(S) 1(part), 1987; Ord. 85-14 (part), 1985).

11.04.055 Official Road Maintenance Map--Adopted.a.The "Official Road Maintenance Map of the City of Homer" is enacted by reference and declared to be part of this chapter in its exact form as it exists on the date that the ordinance codified in this chapter is adopted by the City Council. This map shall be kept in the City offices for public inspection. b.After the effective date of the ordinance codified in this chapter, the City shall not accept maintenance responsibility for any roads, existing or future, which are not constructed or reconstructed to the standards of this chapter, unless such road is shown on the "Official Road Maintenance Map of the City of Homer."
c.City maintenance service, as specified on the official map, shall be provided in two categories:
1. Urban Road Maintenance, full level of service for road maintenance on streets that meet the City Standard and these roads are first priority, and
2. Rural Road Maintenance, the level of service for roads that do not meet City standards and are determined to deserve a reduced level of service and these roads take second priority. d.If the map becomes lost or damaged, the map or significant parts thereof remaining after partial destruction shall be preserved. The City Council may by ordinance enact a new map which shall be consistent with and supersede the old map.
e.The map shall be signed by the City Clerk with a note of the date of enactment by the City Council. Amendments by ordinance shall be immediately added to the "Official Road Maintenance Map of the City of Homer" with a notation of the date of enactment of said ordinance by the City Council. (Ord. 02-23(S), 2002; Ord. 87-6(S) 1(part), 1987; Ord. 85-14 (part), 1985).

11.04.058 Design Criteria Manual--Adopted. The City of Homer adopts by reference the "Design Criteria Manual for Streets and Storm Drainage," dated April, 1985 and revised February 1987. The "Design Criteria Manual" shall augment the standards of this chapter and shall govern site reconnaissance, survey and soils and design for streets and storm drains. (Ord. 87-6(S) 1(part), 1987).

11.04.060 Geometric design requirements. The following design criteria shall be adhered to on all street construction within the City.

a. Street Alignment. The street construction shall coincide with the right-of-way centerline unless otherwise approved by the City.

b. Street Design. Streets shall be designed to meet the following objectives:

1. To drain adjacent property where possible;

2. To match existing driveways where possible, and in all cases to match existing cross-street grades;

11.04.060

3. To minimize cross-street or driveway grades;

4. To provide drainage of roadways;

5. To facilitate continuity of natural drainage patterns if storm drains are not incorporated in accordance with the Drainage Management Plan.

c. Grade and Curvature Maxima. The following design limitations shall apply to grades and curvature according to the street's functional classification:

Short Distance Maximum Minimum

Maximum (Less Than 500') Grade On Curve

Classification Grade Maximum Grade Curve Radius

(%) (%) (%) (feet)*

Major arterial 6 8 6 700

Minor arterial 8 10 6 600

Collector,

comm./indus. 8 12 6 500

Local, comm./

indus. 8 12 6 500

Collector, res. 10 12 8 500**

Local, res. 10 12 8 150**

* Radius shall be measured to right-of-way centerline.

** In hilly terrain (as defined by the Design Criteria Manual), the minimum curve radius for residential collector streets may be reduced to two hundred seventy-five feet, and the minimum curve for local residential streets may be reduced to one hundred twenty feet, upon approval of the City Public Works Engineer.

d. Traffic Forecast. Street design criteria (e.g., pavement thickness, roadway widths, etc.) shall be based on twenty-year traffic forecasts as approved by the City. Forecasts for local streets shall be based on estimated trip generation, such estimates to be obtained on per-unit basis from the Design Criteria manual and standard texts and calculated by the design engineer for the given land-use intensity and type.

e. Cul-de-sacs. Cul-de-sacs must not be longer than six hundred feet and must have turnaround, with a minimum radius to outer edge of pavement or shoulder of thirty-eight feet.

f. Width. Right-of-way, traveled way, and shoulder width standards for city streets shall, at minimum, be as follows:

11.04.070

Shoulder

Functional Class Right-of-way Traveled Width, Each

or Type Width Way Width Side

(feet) (feet) (feet)*

Arterial, major 100 36 8

Arterial, minor 100 26 6

Collector, comm./

indus. 80 26 4

Collector, res. 80 26 4

Local, comm./indus. 60 22 3

Local, res., gravel

road/street 60 26 0

Local, res., paved

road/street 60 26 4

Cul-de-sac turn-

around radius 50 38 2

(radius) (radius)

* Shoulder width reductions may be allowed on roads with curb and gutter.

g. The right-of-way width standards of Section 11.04.060(f) above shall constitute minimum dedication requirements for subdivisions for respective street classification. subdividers and developers shall be required to construct roadways to the width specified for local residential streets, regardless of the street classification.

h. Construction or reconstruction of existing streets in pre-existing platted rights-of-way narrower than those defined in Section 11.04.060(f) shall require dedication of a sufficient construction and maintenance easement on each side of the road to allow the roadway to be constructed in accordance with Chapter 11.20 and the City of Homer Design Criteria Manual.

i. Other design criteria shall be as specified in the City of Homer "Design Criteria manual for Streets and Storm Drainage." Further explanation and elaboration of the requirements in (c) through (f) of this section is also set forth in the Design Criteria Manual. (Ord. 87-6(S) 1(part), 1987).

11.04.070 Required cross-section. a. All cross-section designs shall be performed in conformance with the City of Homer Street Design Manual. Thickness shall be based on analysis of native soil and groundwater conditions, as detailed in the Street Design Manual using limited subgrade frost penetration, reduced subgrade strength, California Bearing Ratio, or other methods as appropriate for the functional classification of each roadway, provided that in no case shall be combined thickness of subbase and base course be less than twenty-four inches. Base course.

11.04.080--11.04.090

thickness shall be four inches on paved roads and six inches on unpaved roads.

b. Prior to the placement of roadway structural fill, material, native material shall be excavated to subgrade, and geotextile fabric, of a type approved by the City, shall be placed atop of subgrade prior to placement of structural fill.

c. Base course and subbase gradation shall be specified in the City of Homer's Design Criteria Manual, except as otherwise approved or specified by the City Public Works Engineer. (Ord. 87-6(S) 1(part), 1987).

11.04.080 Drainage and erosion control. a. An adequate drainage system, which may include necessary storm drainage facilities, drain inlets, manholes, culverts, bridges and other appurtenances, shall be provided to conduct stormwater efficiently and to protect the roadway's integrity. The flow requirements for each particular drainageway shall be established by the City, using the City Drainage Management Plan as a data base.

b. Hydraulic structures shall be designed in accordance with the Design Criteria Manual.

c. Underground storm drain systems will be required after preparation and official adoption of an official storm drain network plan, if the development occurs on the route of a storm drain, as provided on such official plan. Storm drains shall be designed in accordance with the Design Criteria Manual.

d. Cross culverts shall have a minimum inside diameter of twenty-four inches, and shall be larger if the flow through the culvert will require larger diameter pipe, as determined by the City Public Works Engineer.

e. Driveway culverts will be a minimum of eighteen inches in diameter, and shall be larger if the flow through said culvert will require larger diameter pipe, as determined by the City Public Works Engineer.

f. Plunge basins or other methods, as approved by the City, shall be employed to dissipate energy at culvert outfalls where the City or design engineer determines such methods are necessary, in accordance with the Design Criteria Manual.

g. Ditch lining or other methods shall be required if necessary to prevent ditch erosion. (Ord. 87-6(S) 1(part), 1987).

11.04.090 Intersections (street and driveway). a. Right-of-way Requirements. Rights-of-way shall intersect at an angle as close to ninety degrees as feasible, and in no event at an angle less than sixty degrees.

b. Right-of-way Radius Returns. At all intersections, right-of-way radius returns shall be a minimum of twenty feet. Additional radius shall be required in cases where

11.04.100--11.04.120

the intersection angle is less than ninety degrees; the rounding shall permit construction of curb returns or turning radii as required in subsection c of this section, and radius returns in such cases shall not be less than forty feet.

c. Curb Returns and Turning Radii. turning radii at intersections shall be designed and constructed to accommodate the turning path of design turning vehicles with minimal encroachment on shoulders and opposing lanes; the design turning vehicles are as specified in the Design Criteria manual, according to the street's functional classification.

d. Centerline Separation. The distance between street intersection centerlines shall be not less than two hundred feet, measured along the centerline of the intersected street. Street intersections created by new subdivisions shall be spaced at intervals of not less than six hundred feet on major arterials, three hundred feet on minor arterials, and two hundred feet on collectors.

e. Grades. Intersection grades shall not exceed three percent within sixty feet nor four percent within one hundred feet, of the intersection with the through-road centerline. The through-road grade shall not exceed seven percent approaching the intersection if possible.

f. Sight Distances. Intersections shall be planned and designed to provide sight distances in accordance with the Design Criteria Manual.

g. New Subdivisions. For new subdivisions, the Homer Advisory Planning Commission may specify separation intervals between driveway and/or street intersections on arterial and collector streets, not to exceed the street intersection interval specified in this section. (Ord. 87-6(S) 1(part), 1987).

11.04.100 Utilities in right-of-way. New streets to be constructed for acceptance by the City or existing substandard streets to be reconstructed for acceptance by the City shall also include the construction of applicable utilities in accordance with the Development Agreement. Placement of utilities in right-of-way shall be governed by the standards of the City of Homer Design Criteria Manual. (Ord. 87-6(S) 1(part), 1987).

11.04.110 Street lighting. Street lighting shall be installed in all streets in conformance with the requirements of the City of Homer Design Criteria Manual and the standards of the electric utility. (Ord. 87-6(S) 1(part), 1987).

11.04.120 Sidewalks. a. New streets to be accepted by the City may, at the developer's option, have sidewalks and/or bicycle paths.

b. Sidewalks and/or bicycle paths shall be designed in

11.04.130--11.04.140

accordance with the design criteria of the City of Homer Design Criteria Manual. (Ord. 87-6(S) 1(part), 1987).

11.04.130 Traffic-control devices and street signs. a. Street signs and other traffic control devices, including striping where applicable, shall be provided in accordance with the Alaska Traffic Manual.

b. Street name signs shall be provided at all intersections, on fixtures and according to type specified in the Alaska Traffic Manual. (Ord. 87-6(S) 1(part), 1987).

11.04.140 Construction requirements. Street construction within rights-of-way dedicated or to be dedicated to the public within the City shall be subject to the following:

a. Construction methods, materials, and practices for all work related to streets within the City shall conform to the Design Criteria Manual of the City of Homer; amendments to these specifications shall be subject to approval or shall be specified by the City of Homer.

b. Construction procedures and responsibilities shall be as specified in chapters 11.20 and 13.08 of the Homer City Code.

c. Copies of applicable permits must be on the construction site. If not, the City reserves the right to close the work down until such time the permits are present.

d. If the project creates a condition that the City deems hazardous or detrimental to the public or public right-of-way, the City reserves the right to close the work down until such time that the problem is corrected.

e. Restoration of Existing Streets and Rights-of-way. Contractors will be required to restore streets and public rights-of-way to the grade and condition originally found, to replace gravel, paving or sealcoating, ditches, culverts, fences, signs, or other improvements, unless specific authorization to the contrary is authorized in writing by the City. Failure to do so will be cause for the City to accomplish the required work, and to collect damages from the contractor or his surety. All work shall comply with the standards set forth by the State of Alaska, Homer City Code, Homer Standard Construction Practices and Standard Specifications.

f. Clean Up. As the work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from such work. All clean-up operations at the location of such work shall be accomplished at the expense of the contractor and shall be completed to the satisfaction of the Public Works Inspector. Immediately after completion of said work, the contractor shall, at his own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within one working day after

11.04.150

having been notified to do so by the Public Works Inspector, work may be done by the Department of Public works; the cost thereof charged to the contractor and the contractor shall also be liable for the cost thereof under the security bond provided hereunder. The contractor shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. where gutters do not exist, drainage ditches shall be kept free of obstructions and restored to their original condition. whenever a gutter or culvert crosses an intersecting street, an adequate waterway shall be provided and at all times maintained. The contractor shall make provisions to take care of all surplus water, muck, silt, slickings, or other runoff pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. (Ord. 87-6(S) 1(part), 1987).

11.04.150 Violation--Penalty. The violation of any provision contained in this chapter shall be punished under Section 1.16.010. (Ord. 87-6(S) 1(part), 1987).

Sections:

11.08.010 Purpose

11.08.020 Applicability.

11.08.030 Definitions.

11.08.040 Permit--Required.

11.08.050 Permit--Application.

11.08.060 Applicant's responsibility--Generally.

11.08.070 Applicant's responsibility--For construction.

11.08.010--11.08.040

Sections: (Continued)

11.08.080 Maintenance responsibility.

11.08.090 Driveways, road approaches--Property of City.

11.08.110 Building setback requirement.

11.08.120 Design requirements.

11.08.130 Other requirements.

11.08.140 As built plans required for street construction.

11.08.010 Purpose. The fundamental objectives of this chapter are threefold:

a. To provide maximum protection to the public through the orderly control of traffic moving onto and off of a road or street;

b. To provide a uniform practice in the design and construction of entrances and exits;

c. To provide the necessary drainage.

These objectives and the regulations which follow in this chapter constitute the City's policy concerning entrances and exits on road and street rights-of-way, and include the requirements for the construction within a dedicated right-of-way. (Prior code 14-400.1).

11.08.020 Applicability. The requirements of this chapter are applicable to all commercial and industrial establishments, service areas, and private residences having access to and/or through the right-of-way of a City right-of-way, insofar as the requirements for drainage, geometric design, signs, type and quality of workmanship, material used and work performed in the areas providing ingress and egress to the property are concerned. (Prior code 14-400.2).

11.08.030 Definitions. For the purposes of this chapter the following terms shall be defined as follows:

a. "Driveway" or "Approach" means that section of the roadway or alley right-of-way between the pavement edge or edge of shoulder and the property line which is designed and used for the movement of traffic between the roadway and the adjacent property.

b. "Stabilized Material" means any aggregate such as gravel, stone, slag, or mixture of such as to provide a smooth, stable, all-weather surface, not subject to raveling.

c. "Street" or "Road" means any dedicated public right-of-way twenty-one or more feet in width, which may or may not be in use as a traveled way. (Prior code 14-400.8).

11.08.040 Permit--Required. a. Any owner of abutting property desiring to gain access, or to enlarge or change

11.08.040(b)--11.08.050(a)(3)

the location of an existing access to a road or street right-of-way shall do so only in strict accordance with the provisions of a permit issued by the City. Written application must be made to secure such a permit from the City through the City Planner. Each application for a permit shall be accompanied by a fee of fifteen dollars.

b. It is understood by the applicant that control of the location, construction and maintenance of driveways is under the supervision of the City at all times and that in granting such permit the City waives none of its powers or rights to direct the removal, relocation, and/or proper maintenance in the future of any driveway within the right-of-way of the City roads, streets, or trails. Any permit granted will be construed as regulatory and not contractual. Such permits are revocable by the City whenever the use and presence of a driveway or approach unduly interferes with the required use of that portion of the right-of-way occupied by the driveway or constitutes a hazard to traffic. (Ord. 95-22(S) 1, 1995; Ord. 78-9 1, 1978; prior code 14-400.3).

11.08.050 Permit--Application. Any owner or user or the agent of the owner or user of property abutting City roads, streets, or alleys, before beginning any construction, shall make application for a permit from the City for construction within any dedicated right-of-way for any purpose. All applications shall be submitted to the City Planner who shall transmit the application to the Director of Public works for approval. The following must accompany applications:

a. The application must be accompanied by a plan showing:

1. Complete details on the property in question, including the location of property lines and all existing driveways and buildings;

2. Any drive that is to be altered or closed shall be so indicated;

3. All buildings, etc., should be shown in their correct location. It is required that all stands, buildings, gasoline pumps, and structures of any kind by placed at least twelve feet back on the property line. The conduction of business within a City street or road right-of-way is prohibited.

11.08.050(a)(4)--11.08.070(b)

4. Complete details on drainage: All driveways and buffer areas should be constructed so as not to impair the drainage within the street or road right-of-way nor alter the stability of the roadway subgrade and at the same time not impair or materially alter drainage of the adjacent areas. All structures required within the buffer area and under the driveways as the result of the property being developed, shall be installed in accordance with standards set by the City, the standard being available at City Hall.

b. Application for work on a street or road right-of-way will require attached evidence of acceptance of same, including line, grade and proposed drainage, by the Director of Public Works. Such design shall conform to Chapter 11.04.

c. After work begins it shall be the responsibility of the contractor or subdivider to notify the Public Works department when certain phases of the construction procedure are completed. Notice shall be given when:

1. The subgrade has been completed and prior to placing the base rock;

2. After base rock is placed;

3. After finish of leveling course;

4. Prior to paving operation, (if any);

5. Final. (Ord. 95-22(S) 2, 1995; Prior code 14-400.9)

11.08.060 Applicant's responsibility--General. The applicant agrees to perform all work in accordance with this permit, and shall indemnify and save harmless the city, its officers and employees, from all liability, judgement, costs, expenses, and claims growing out of damages, or alleged damages, of any nature whatsoever, to any person or property arising out of the performance or nonperformance of the work. (Prior code 14.400.4)

11.08.070 Applicant's responsibility--For construction. The permit shall require that the applicant assume the following construction responsibilities:

a. The applicant shall furnish all materials, including any necessary signs, and bear all costs within the street or road right-of-way.

b. All work and material shall meet the standards of the City.

11.08.070(c)--11.08.090

c. All driveways and street approaches will be inspected during and after construction. The City has the right to stop work until such time as any objectionable conditions are corrected. All cost of material and labor shall be borne by the applicant.

d. No alteration shall be made without securing a new permit. (Prior code 14-400.10)

11.08.080 Maintenance responsibility. The cost of all construction and maintenance of the work specified shall be borne by the applicant, his grantees, successors and assignees. (Prior code 14-400.11.)

11.08.090 Driveways, road approaches--property of City. All driveways or road approaches, constructed under permit within any road rights-of-way shall be the property of the City, but all cost and liability in connection therewith, in connection with the maintenance thereof, shall be at the sole expense of the owner of the property served thereby. (Prior code 14-400.5)

11.08.110--11.08.130

11.08.110 Building setback requirement. There shall be a minimum twenty foot building setback required which shall apply to any property line abutting any dedicated road or street right-of-way. This section shall not apply where there is a setback requirement in excess of twenty feet. (Prior code 14-400.7).

11.120 Design Requirements. The design standards are based on the type of road, rights of road user and abutting property owners:

a. Driveways shall be located to the best advantage with regard to the street or road alignment, profile, sight distance conditions, etc.

b. There shall not be more than two driveways for any one property. Additional drives should not be requested unless there is a clear necessity for them. Additional driveways must be approved by the Director of Public Works.

c. Driveways shall not be approved at street corners. Driveways are not to be set back thirty feet or more from intersections.

d. The radii of a private driveway may not extend beyond the applicant's property line.

e. The radii of a street approach may extend beyond the range of the street sideline.

f. All signs must conform to the Alaska Traffic Manual. The cost and the responsibility for erection of signs is to be borne by the applicant. (Prior code 14-400.12).

11.08.130 Other requirements. a. No advertising signs or display material of any advertising nature will be permitted on, or extend over on, City streets or road rights-of-way.

b. No person or entity shall remove, injure, tamper with, destroy, break or deface in any way any public property, or property of a public utility, lawfully placed in the right-of-way or in any way interfere with the lawful use therefor by the utility without first having obtained the written consent of the appropriate authority or public utility.

c. No structure for a business enterprise, serving vehicles or providing services or entertainment to customers while in said vehicles, shall be located so as to cause traffic congestion within the street or road right-of-way. The driveway beyond the right-of-way must be sufficient length and width to accommodate such vehicles and have a design to provide for the safe and expeditious handling of traffic thereon as determined by the City.

d. no lights, signs, signals, or other structures shall be located adjacent to the road or street within the vicinity thereof which will distract the attention of, and thus impair the safety of the traveling public.

11.08.140

e. All driveways and approaches shall be so constructed that vehicles approaching or using them will be able to obtain adequate sight distance in other directions along the road or street in order to maneuver safely and without interfering with road or street traffic. (Prior code 14-400.13).

11.08.140 As built plans required for street construction. Before final approval will be granted, an as built plan shall be submitted. The as built plan shall be drawn on plan-profile transparency paper, sheet size 24" X 36". The horizontal scale shall be either 1"=50' or 1"=100'. The as built plan shall show the details of construction such as:

a. Culvert size;

b. Width of roadway;

c. Location of underground utilities;

d. Right-of-way monuments;

11.12.010--11.12.040

e. Profile of finish grade;

f. Any other pertinent data. (Prior code 14-400.14).

Sections:

11.12.010 Street and house numbering plan adopted.

11.12.020 Assignment of numbers.

11.12.030 Duty of property owner.

11.12.040 Duties of subdividers--Designation of rights-of-way.

11.12.050 Maintenance of records.

11.12.060 Future modification to plan.

11.12.070 Violation--Penalty.

11.12.010 Street and house numbering plan adopted. A numbering system of streets and buildings for the City of Homer, Alaska, dated January 8, 1975, as prepared by the Homer Advisory Planning Commission is adopted. The plan is to be kept on file in the office of the City Clerk. (Prior code 14-600.1).

11.12.020 Assignment of numbers. It shall be the responsibility of the Director of Public works to issue specific numbers to specific buildings, in accordance with the plan adopted by reference in this chapter. Upon designating such building numbers the property owner shall be notified of that number and the date by which the number shall be placed on the building. Property owners shall be given sixty days in which to place numbers on buildings. (Ord. 80-8 2, 1980; prior code 14-600.3).

11.12.030 Duty of property owner. It is the duty of all owners to number their properties by posting numerals at least three inches high in color contrasting with the background in such manner and location as to be plainly visible from the street. (Ord. 80-8 1, 1980; prior code 14-600.2).

11.12.040 Duties of subdividers--Designation of rights-of-way.

a. It is the responsibility of the subdivider of a piece of property to designate the distance from the base line to the nearest corner of the subdivision.

b. In naming rights-of-way within the subdivision, the subdivider shall use the following standards:

1. "Streets" shall apply to thoroughfares running north and south.

11.12.050--11.16.010

2. "Avenues" shall apply to thoroughfares running east and west.

3. "Drives" shall apply to angular thoroughfares running southeast to northwest, at approximately forty-five degree angle to an avenue or street.

4. "Lanes" shall apply to thoroughfares, angular approximately forty-five degrees to streets and avenues, running southwest to northeast.

5. "Ways" shall apply to any right-of-way, no longer than one thousand four hundred feet in length, running east and west.

6. "Place" shall apply to any right-of-way, no longer than one thousand four hundred feet in length, running north and south.

7. "Court" or "Circle" shall apply to cul-de-sacs only.

8. "Road" shall apply to major curving thoroughfares.

c. In naming rights-of-way subdividers shall not duplicate existing names. (Prior code 14-600.6).

11.12.050 Maintenance of records. The City shall keep a record of such numbers which may include a map. (Ord. 80-8 3, 1980; prior code 14-600.4).

11.12.060 Future modification to plan. The plan adopted by reference in Section 11.12.010 may be modified or changed in the future as the needs and desires of the community require. Such modification or change must be adopted or approved by resolution of the City Council. (Prior code 14-600.5).

11.12.070 Violation--Penalty. The violation of any provision contained herein shall be punished under Section 1.16.010. (Prior code 14-600.7).

Sections:

11.16.010 Load restrictions within public rights-of-way.

11.16.020 Violation--Penalty.

11.16.010 Load restrictions within public rights-of-way. The City Manager, with the advice of the Public Works Director, is authorized to determine and designate those streets, alleys or roadways within the City limits upon

11.16.020--11.20.020

which vehicles of excessive gross weight would create a hazard or cause undue damage to the roadway. He shall erect appropriate signs stating the gross weight permitted on such designated streets. No person shall disobey the restrictions stated in such signs. In lieu of posting signs, the City Manager or his designee may notify the operator or owner that his vehicle exceeds the permitted gross weight for existing road conditions and the vehicle shall immediately cease operating until weight restrictions are lifted. (Ord. 85-27 1(part), 1985).

11.16.020 Violation--Penalty. The violation of any provision contained in this chapter shall be punished under Section 1.16.010 of this Code. (Ord. 85-27 1(part), 1985).

Sections:

11.20.010 Intent.

11.20.020 Scope and applicability.

11.20.030 Definitions.

11.20.040 Development permit process.

11.20.050 Permit application.

11.20.060 Design phase procedures.

11.20.070 Preconstruction requirements.

11.20.080 Construction inspection and quality control requirements.

11.20.090 Project completion procedure.

11.20.100 Project acceptance procedure.

11.20.110 Violation--Penalty.

11.20.010 Intent. The intent of this chapter is to establish procedures for constructing streets and utility mains in existing rights-of-way or public rights-of-way or easements to be dedicated by plat. (Ord. 87-6(S) 1(part), 1987).

11.20.020 Scope and applicability. This chapter governs all street and utility main construction in public rights-of-way which are greater than twenty-two feet in width, excepting those rights-of-way which are specifically

11.20.030

claimed for ownership and maintenance by the State of Alaska. It shall further govern such construction of streets and utility mains in rights-of-way or easements proposed to be dedicated as part of pending subdivision plats, as required in Chapter 22.10 of the Homer Municipal Code. (Ord. 87-6(S) 1(part), 1987).

11.20.030 Definitions. In this chapter, unless otherwise provided or the context otherwise requires, the following definitions shall have the meanings set forth below:

a. "As-built drawings" means plan and profile drawings of the improvements as constructed, drawn to the same level of detail as the design drawings.

b. "City" means the City of Homer, a municipal corporation acting through the City Manager and/or his designee.

c. "City Inspector" is an individual employed by the City of Homer, who shall monitor construction progress and quality to the satisfaction of the City of Homer, who shall record whether the project is proceeding according to the plans and specifications and who shall receive change requests and documentation related to the project, including "as-built"drawings, inspection field books and copies of the surveyor's field notes.

d. "City Public Works Engineer" means the individual carrying such title, who is employed by the City of Homer Department of Public Works.

e. "Contractor" means the person or company providing labor, materials and other services necessary to construct and install street and utility improvements for the developer, according to the plans and specifications.

f. "Design Criteria Manual" means a publication issued by the City of Homer entitled "Design Criteria Manual for Streets and Storm Drainage," dated April 1985, readopted April 1987.

g. "Design engineer" means a professional civil engineer, registered in the State of Alaska, who shall perform the project design for the developer.

h. "Developer" means the party proposing to install an improvement or improvements in existing public rights-of-way or subdivision developments, and assuming accountability for compliance with all City regulations pertaining to construction of such improvements; said party shall appoint or designate an individual, known as the project manager, to conduct its interactions with the City and to be responsible for developer's adherence to all pertinent City regulations.

i. "Erosion control plan" means a plan, submitted to the City for preventing erosion onsite and/or sedimentation offsite during construction.

j. "Field change" means a change in the design of a project, made in the field by the contractor under the approval of the project engineer, which is inconsequential in nature and which does not impact the integrity of the

11.20.030

design of the intent of the project, and does not cause violation of city ordinances or design standards.

k. "Inspector" is an individual employed by the developer who shall monitor construction progress and quality on a daily basis, and who shall prepare daily inspection reports for submittal to the City.

l. "Major change" means a change in the design which, if executed, would lead to a consequential deviation in its intent or integrity or to a violation of city standards or ordinances, in the opinion of the City Public Works Engineer.

m. "Project engineer" is a professional civil engineer, registered in the State of Alaska, who shall be employed by the developer and whose responsibilities shall include, but not be limited to, the following:

1. Verify that all work is accomplished in accordance with the plans and specifications;

2. Supervise the Inspector, Surveyor, and Testing Firm;

3. Authorize and document minor deviations in the design, known as "field changes";

4. Submit proposals for major design deviations, known as "major changes", to the City;

5. Verify field nots and inspection reports as detailed in Section 11.20.080;

6. Sign and stamp "as-built" drawings.

n. "Project manager" is the person charged with representing the developer with regard to project work, to the City on the project.

o. "Right-of-way" means land, property, or interest therein, usually in a strip, acquired for or dedicated to the public for transportation purposes.

p. "Road" is a general term denoting a public way or track, or any segment thereof, used for purposes of vehicular travel.

q. "Site" means the area of construction, as defined on the project plans.

r. "Street" is a general term denoting a public way or track, or any segment thereof, and of any length and location within the City, used for purposes of vehicular travel. For the purposes of this ordinance, it is synonymous with the term "road"/

s. "Street construction" includes all clearing, grubbing, compaction, grading and drainage improvement work involved in building a new street.

t. "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, and when appropriate to the context, the process of subdividing or the land subdivided. A "new subdivision" is a

11.20.040--11.20.050

subdivision in which a plat is recorded after the effective date of this chapter.

u. "Surveyor" is a professional land surveyor, registered in the State of Alaska.

v. "Traffic control plan" is the plan showing signage and traffic management on-site or entering/exiting the site during construction.

w. "Pre-existing conditions" are the streets identified on the Official Maintenance Map, as platted or existing on the date of adoption of the ordinance codified in this chapter.

x. "Permit" is required from anyone working within the public right-of-way. Such permit shall be obtained from the Director of Public Works or his designee.

Other key terms are as defined in the text of following regulations or, where no such definitions are found, as defined in Chapter 11.04 of this Code. (Ord. 87-6(S) 1(part), 1987).

11.20.040 Development permit process. No street or utility main construction shall be permitted within public rights-of-way prior to the developer's receipt of a development permit, notice of design approval, and notice to proceed with construction. (Ord. 87-6(S) 1(part), 1987).

11.20.050 Permit application. Prior to issuance of the development permits, the developer must submit an application for development permit to the City. This application shall contain the following details at minimum:

a. Design concept and preliminary layout showing location and extent of proposed improvements;

b. Written scope of work, to consist of the type of improvements to be installed and approximate quantities;

c. Identification of the design engineer, who shall be a professional civil engineer registered in the State of Alaska and who shall perform the project design for the developer;

d. Identification of the project manager, who shall be the developer's representative authorized to contact and negotiate with the City;

e. Estimated project completion date or duration;

f. A waiver of the development permit may be granted by the Public Works Engineer on a case-by-case basis for extension or upgrading of preexisting platted rights-of-way; however, such temporary waiver on extension or repair shall not qualify the road for City maintenance unless the pre-existing platted rights-of-way or roadway are designed and reconstructed to City standards in accordance with the Design Criteria Manual. All requests for waiver shall be made in writing and shall indicate the scope of work and the estimated date of completion.

Upon acceptance of the application, a development

11.20.060

permit shall be issued by the City Public Works Engineer. This permit shall be a notice to proceed with design, based on approval of design concept and the preliminary layout, as required in subsection a. of this section. (Ord. 87-6(S) 1(part), 1987).

11.20.060 Design phase procedures. After receipt of the development permit, the developer shall prepare and submit to the City a design of the proposed utility or street extensions. This design (consisting of plans, specifications, and supporting material including, but not limited to, soil test data, survey notes, and design criteria reports) shall adhere to the following requirements:

a. Design must conform to all pertinent City of Homer standards for street and utility construction, and shall be stamped and signed by the design engineer;

b. Survey and soils data shall be obtained, and plans and specifications shall be prepared, in conformance with the standards of the Design Criteria Manual.

c. Design must be accompanied by a statement from the design engineer that he has personally inspected the site, and must be accompanied by the design report. Design report requirements are as specified in the Design Criteria Manual.

d. Design must also be accompanied by a signed and notarized statement from the developer that the developer has reviewed the design, and shall enforce adherence to the design during construction, excepting changes made in conformance with Section 11.20.080.

e. If the developer's proposed improvements include a water and/or sewer line extension, the design shall in all cases be accompanied by a design from reconstruction of the existing roadway to city standards, in accordance with this chapter; and reconstruction shall be required as part of the project work. This section may be waived by the Public Works Engineer on a case-by-case basis if the right-of-way is restored to original condition or better as determined by the Public Works Engineer. All requests for waiver shall be made in writing and shall indicate the scope of work and estimated date of completion.

f. The developer shall provide copies of the following:

1. Approval or compliance certification letter for water and sewer facilities from the State of Alaska Department of Environmental Conservation;

2. Corps of Engineers permit for construction in Wetlands as necessary;

3. Permits, where applicable, from the State Department of Transportation and Public Facilities;

4. Telephone and power installation or relocation agreements.

Upon satisfactory completion of these requirements, and approval by the City of the plans and specifications, the

11.20.070

City shall issue a notice of design approval to the developer. (Ord. 87-6(S) 1(part), 1987.

11.20.070 Preconstruction requirements. Following receipt of the Notice of Design Approval, the Developer shall submit the following to the City:

a. A construction schedule;

b. Erosion control plan and traffic control plan for the area of the development project, if determined necessary by the Public Works Engineer.

c. Identification of the following personnel, who shall be required to perform their respective duties during the construction of the project:

1. Contractor,

2. Project engineer,

3. Inspector,

4. Surveyor,

5. Testing firm (a firm employed by the developer to perform soils, compaction, and other tests deemed necessary by the project engineer to ensure conformance of work to plans and specifications);

d. A development fee is required for private projects to cover costs of inspection and administration of the projects. The fee shall be generally in relation to the design engineer's construction cost estimate, according to the following schedule below:

Cost Estimate Development Fee

Less than $100,000 1.0% of cost estimate, but not

less than $250

$100,000 to $500,000 0.75% of cost estimate, but not

less than $1,000

Above $500,000 0.50% of cost estimate, but not

less than $3,750

Municipal projects shall include an appropriate project overhead for project administration and inspection.

e. Design engineer's construction cost estimate. This cost estimate shall be accompanied by the calculations upon which the cost estimate is based. The estimate and calculations are subject to verification and concurrence by the City Public Works Engineer;

f. A performance bond or other acceptable guarantee in the amount of one hundred percent of the project cost, which bond shall be waived in the case of new subdivisions, in which right-of-way dedication, via plat filing or recordation, cannot occur until improvements are installed and accepted;

g. Proof liability insurance listing the City, as

11.20.075

additional insured in accordance with the requirements of Section 11.20.075. The insurance may be purchased and maintained either by the developer or the contractor;

h. A notarized statement that the developer shall hold the City harmless from any claims arising from construction including, but not necessarily limited to, liability or nonpayment of subcontractors or suppliers;

i. The developer shall submit to the City, in accordance with the form specified by the City, a quality control program for the construction of the improvements. The quality control program shall provide sufficient inspection and test procedures to determine compliance with all applicable plans, specifications, and safety requirements. The program shall include at least the following:

1. The frequency and type of all tests to be performed,

2. A list of all firms or person who will perform tests and inspections,

3. Procedures for coordinating testing and inspections with the City, and for providing advance notice to the City of all inspections and tests which the City may opt to witness,

4. Procedures for reporting quality control activities, including discoveries of deficiencies in the work.

In addition, the developer must sing an performance agreement with the City that work shall be completed according to the plans and specifications, and allowing the City the right to enter upon and inspect the project, and to order work stoppage, tests, and field changes in accordance with Section 11.20.080.

Upon completion of the requirements set out in this section to the satisfaction of the City, the City shall issue a notice to proceed with construction. (Ord. 87-6(S) 1(part), 1987).

11.20.075 Public liability insurance. The developer or contractor is required to purchase, and maintain throughout the life of the project, such public liability insurance as shall protect the City and the developer and/or contractor against losses which may result from claims for damages for bodily injury, including accidental death, as well as from claims for bodily damages which may arise from any of these parties. such public liability insurance shall include coverage for the following:

a. Comprehensive general liability, bodily injury and property damage liability, promises operations including underground, products and complete operations, broad form property damage, blanket contractual, personal injury: five

11.20.080

hundred thousand dollars combined limit, each occurrence and aggregate;

b. Comprehensive automobile liability, bodily injury and property damage, including all owned, hired and nonowned automobiles: five hundred thousand dollars combined limit per accident. (Ord. 87-6(S) 1(part), 1987).

11.20.080 Construction inspection and quality control requirements. Following receipt of the notice to proceed, the contractor shall complete the improvements under the inspection of the project engineer, the inspector and the City, according to the plans and specifications and the procedural requirements of this chapter. The inspection and quality control requirements shall be as follows:

a. The developer shall submit to the City, on the Monday of each week during construction, copies of all inspection reports, surveyor's field notes, and materials test reports of the prior week. The reports shall contain a specific listing of any changes, either field changes or major changes, made to the design in that week.

b. The City may perform, in a timely manner, any and all inspections it deems appropriate for the project; it shall, moreover, reserve the right to enter the project site at any time for purposes of inspection and to require additional tests if in the City's opinion, testing by the developer's testing firm has previously been inadequate. The developer shall pay for such tests if the tests reveal non compliance with construction or material requirements; any test which confirms compliance shall be paid for by the City. the city may also issue a notice of rejection of materials or methods to the developer, which may state that the City will not release the performance bond or other accepted guarantee, or approve the project until conditions cited in such notice are remedied. Furthermore, the City may issue an order to the developer to stop work within twenty-four hours, under conditions including, but not necessarily limited to, the following:

1. If inspection reports, field notes, and test reports are not submitted to the City when required;

2. If the project creates a condition that the City deems hazardous or detrimental to the public or public right-of-way, the City reserves the right to close the work down until such time as the problem is corrected;

3. If unauthorized deviations from the design occur which are, in the City's opinion, substantial and which the developer refuses to remedy in a timely manner after developer's receipt of notices from the City regarding these defects;

4. Construction procedures and responsibilities shall be as specified here and in Chapters 11.04 and 13.08 of the Homer City Code;

11.20.090

5. Copies of applicable permits must be on the construction site. If not, the City reserves the right to close the work down until such time as the permits are present.

c. Surveyor's notes must include horizontal and vertical data for all improvements as installed, and shall include the date of installation.

d. The developer must submit to the City Public Works Engineer, and the City Public Works Engineer must approve in writing, any proposal for "major changes" in the design prior to authorizing such change and prior to such change being executed in construction.

e. The Project engineer shall authorize any "field changes" in the design prior to such change being executed in construction; if requested by the City, the Project Engineer shall be required to give written justification of any such "field change." (Ord. 87-6(S) 1(part), 1987).

11.20.090 Project completion procedure. Prior to issuance of notice of project acceptance, the following are required:

a. The developer's project manager, project engineer, and the City Public Works Engineer must conduct an inspection to determine if the project is complete and if the project has been completed in accordance with the contract documents and if the contractor has fulfilled all of his obligations. A written "punch list" shall be prepared identifying all observed defects, if any. The defects shall be remedied, to the satisfaction of the City Public Works Engineer, and a final inspection conducted to verify that these have been remedied, prior to acceptance of the improvements by the City.

b. The developer must provide the City with a final submittal on the improvements that includes triplicate copies of project as-built drawings. The as-built drawings shall contain a record of all improvements as installed and shall show all field changes and major changes. The final as-built drawings will be on three-mil mylar, twenty-four-inch by thirty-six-inch sheets, and marked "AS-BUILT" in bold letters on all sheets of the plans. The as-built drawings shall use the design plan and profile drawings as a base, unless otherwise approved or specified by the City Public works Engineer.

Included on the first sheet of the as-built drawings will be the following statement, stamped, signed and dated by the Project Engineer:

The following sheets are record drawings prepared by the Project Engineer, (insert name), based in part on information provided to use by others. We have carefully checked this information and believe it to

11.20.100

be a reasonable and accurate representation of the work as constructed.

c. The developer shall, following completion of all public improvements, restore all disturbed or destroyed monuments or lot corners by or under the direction of a registered land surveyor.

d. The developer or contractor shall, following completion of all public improvements, install a permanent metal marker having magnetic properties at all intersections, center of cul-de-sacs and PI's where intervisible. If the PI's are not intervisible PC's and PT's shall be monumented. In paved roads, the monuments shall be a minimum of one-half inch by six inches set flush to the paving. In gravel roads, the monuments shall be a minimum of one-half inch by thirty inches with a two-and-one-half inch minimum diameter metal cap showing the year set, registration number of the surveyor and the monument identification. In accordance with AS 34.65.03, a Record of Survey shall be filed for all monuments established ans shall show the Homer Grid Coordinates for at least two monuments on the survey. (Ord. 87-6(S) 1(part), 1987).

11.20.100 Project acceptance procedure. a. After the City Public Works Engineer is satisfied that the improvements are one hundred percent complete and acceptable, he shall forward to the Homer City Council a recommendation for project approval and acceptance for maintenance.

b. The Homer City Council shall consider, and take action upon, the recommendation of project approval and maintenance prior to any formal acceptance and approval by the City administration. Acceptance for maintenance shall be as prescribed in Section 11.04.055 of the Homer City Code.

c. Within fifteen days of formal project approval and acceptance for maintenance by the Homer City Council, the City Public Works Engineer shall write a letter to the Kenai Peninsula Borough stating that the improvements are complete and accepted by the City.

1. In the case of new subdivisions, in which plat recording of filing is contingent upon improvement completion, this letter shall constitute notice of compliance with installation improvement regulations pursuant to Section 20.16.060 of the Kenai Peninsula Borough Code of Ordinances, and shall further authorize the Kenai Peninsula Borough to approve the final plat and forward the plat for filling and recording.

2. This letter shall further constitute final authorization for the City to allow operation and maintenance of water, sewer, and street improvements.

d. A one-year construction warranty on the work shall be established starting from the date the City takes over

11.20.110

maintenance and operations of the improvements; the developer shall correct any observed defects stemming from the design or construction methods within the one-year period, as directed by the City. To secure the developer's performance of warranty, the Developer shall provide a warranty guaranty via warranty bond, deposit in escrow, letter of credit, or deed of trust, or other security the City may deem appropriate. The minimum amount of the warranty guaranty shall be the percentage of the estimated cost of all improvement determined by the following table:

Estimated Cost of All Percent to secure

Improvements Warranty

0--$500,000.00 10

$500,000.01--$1,000,000.00 7.5

$1,000,000.01 and over 5

If the developer has provided a performance guaranty in accordance with Section 11.20.070(f), the developer may elect to allow the City to retain the performance of guaranty until the end of the warranty period, in lieu of a separate warranty bond. (Ord. 87-6(S) 1(part), 1987).

11.20.110 Violation--Penalty. the violation of any provision contained in this chapter shall be punished under Section 1.16.010. (Ord. 87-6(S) 1(part), 1987).

11.30.010--11.30.020

Sections:

11.30.010 Purpose

11.30.020 Definitions

11.30.030 Reimbursement agreement request

11.30.040 Term of agreement

11.30.050 Collection of pro rata cost

11.30.060 Payment plan

11.30.070 Determination of pro rata cost

11.30.080 Developer reimbursement

11.30.090 Disposition of revenue

11.30.010 Purpose. It is the intent of this chapter to provide a method to reimburse a developer for the cost of extending a street to his property past other benefiting properties. (Ord. 85-38 (part), 1985).

11.30.020 Definitions. In this chapter, unless otherwise provided, or the context otherwise requires, the following words and phrases shall have the meaning set forth below:

a. "Benefiting property" means area which will directly benefit by a specific street extension.

b. "Cost of extension" means the developer's actual direct cost of construction a street extension, including a total of fifteen percent of the actual direct cost for the developer's overhead and profit.

c. "Developer" means a property owner who is developing his property.

d. "Front lot line" means, in the case of an interior lot, a line separating the lot from the street, or place; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. In the case of a square, or nearly square-shaped corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are complied with.

e. "Lot width" means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lines, provided that such measurement shall not extend beyond the lot lines of the lot being measured.

f. "Rear lot line" means a lot line which is opposite and most distant from the front lot lien and, in case of an irregular or triangular lot, a line ten feet in length

11.30.030--11.30.070

within the lot, parallel to and at the maximum distance from the front lot line.

g. "Road frontage" means the width of a lot along the front lot line. (Ord. 85-38 (part), 1985).

11.30.030 Reimbursement agreement request. a. The developer may request in writing a reimbursement agreement if the street extension benefits property other than his own, and the developer cannot include other property owners in the request which would be sufficient to create a local improvement district.

b. The developer's request for a reimbursement agreement shall include the following:

1. An affidavit or other written evidence that the other benefiting property owners do not wish to be included in the development; and

2. An itemized report, with supporting documentation, of the actual direct cost of the extension, including a total of fifteen percent of the actual direct cost of the extension for the developer's overhead and profit.

c. The developer shall make his request for a reimbursement agreement prior to acceptance of the street extension by the city. (Ord. 85-38 (part), 1985).

11.30.040 Term of agreement. The reimbursement agreement shall be valid from the date of acceptance of the street extension by the City. (Ord. 85-38 (part), 1985).

11.30.050 collection of pro rate cost. The City shall collect from the other benefiting property owners their pro rata share of the street extension cost plus interest of five percent per year, but not to exceed the current tax assessed value of property, and a fifteen percent administrative fee at the time the property owner commences development of his property. (Ord. 85-38 (part), 1985).

11.30.060 Payment plan. A payment plan with annual installments may be utilized to pay the a costs by other benefiting property owners. The term of payment plan shall be determined prior to the issuance of City construction permits and subject to City Council approval. (Ord. 85-38 (part), 1985).

11.30.070 Determination of pro rata cost. The reimbursement agreement shall stipulate the pro rata unit cost of the street extension. The pro rata distribution of cost shall be determined in accordance with Homer City Code Chapter 17.12, Capital Improvement Assessment Computation, and/or using the formula described in Section 14.12.030, Zone connection fee. (Ord. 85-38 (part), 1985).

11.30.080--11.30.090

11.30.080 Developer reimbursement. The City shall reimburse to the developer the funds collected as a lump sum or as an annual payment, less the fifteen percent administrative fee, from the other benefiting property owners within ninety days of the actual collection date. (Ord. 85-38 (part), 1985).

11.30.090 Disposition of revenue. Revenues collected (i.e., the fifteen percent administrative fee and interest) shall be deposited in the City Treasury and utilized to finance future street extensions. (Ord. 85-38 (part), 1985).

1. For statutory provisions authorizing municipalities to provide for streets, see AS 29.35.150.

2. Editor's Note: The provisions of this chapter were originally enacted by Ordinance 85-14, which was repealed by Ordinance 87-6(S).

3. For statutory provisions authorizing cities to regular public rights-of-way, see AS 29.35.210. Prior ordinance history: Ordinances 74-5 and 74-11.

4. Editor's Note: The provisions of this chapter were originally enacted by Ordinance 85-13, which was repealed by Ordinance 87-6(S).