Section
13.05.010. Interpretation
13.05.020. Jurisdiction
13.05.030. Preliminary plat procedure and approval process
13.05.040. Final plat application procedure and approval process
13.05.050. Improvements required
13.05.060. Monumentation
13.05.070. Resubdivision and vacation of plats
13.05.080. Variances
13.05.090. Appeals
13.05.100. Enforcement, violations and penalties
13.05.110. Conflict and separability
13.05.120. Minor land partition
13.05.130. Definitions
13.05.140. Definitions
13.05.150. Encroachment permits
13.05.160. Unauthorized encroachments
13.05.170. Approval of existing encroachments
13.05.180. Right to reconsideration
13.05.190. Completion of work
13.05.200. Repairs
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This chapter is designed to guide the future growth and development of the city in accordance with the 1981 City of Sand Point Comprehensive Plan; to further the orderly development and use of land; to secure safety from fire, flood, and other dangers; to provide adequate light and air; to prevent pollution of air, land and water; to facilitate the further subdivision of larger tracts into smaller parcels of land, and to insure proper legal descriptions and monumenting of subdivided land; and to comply with appropriate provisions of Alaska Statutes.
(Ord. 81-11, passed 6-3-81)
(a) These subdivision regulations shall apply to all subdivisions of land as defined herein, located within the corporate limits of the city.
(b) No land shall be subdivided within the corporate limits of the city until the subdivider or his agent:
(1) has submitted and obtained approval and required signatures on both a preliminary and final plat;
(2) the final plat is recorded with the district recorder.
(c) The requirements of division (b)(2) shall not apply to certain land transactions or in certain cases, subject to the following:
(1) The platting board shall waive the submission for approval and recording of a plat when an owner of land submits a waiver request, which shall include a preliminary plat, drawn to a scale of 1 inch = 500 feet, but in all other respects complying with the requirements of division (c)(3) of this section, to the platting board presenting satisfactory evidence:
a. That each tract or parcel of land will have adequate access to a public highway or road; and
b. That each parcel created is five acres in size or larger and that the land is divided into four or fewer parcels; and
c. That the conveyance is not made for the purpose of, or in connection with, a present or projected subdivision development; and
d. That no dedication of a road or other public area is involved or required; or
e. That the sale or exchange of parcels of land between owners of adjoining property will not result in additional lots being created and that the lots resulting will not be reduced below the minimum required by this section or other applicable laws.
(2) The platting board may waive the preparation, submission for approval, and recording of a plat when an owner of land submits a waiver request to the platting board presenting evidence that the transaction involved does not fall within the general intent of A.S. 29.40.070 through 29.40.160 and A.S. 40.15, and that it is not made for the purpose of or in connection with a present or projected subdivision development and no dedication of a street, alley, thoroughfare, park or other public area is involved or required.
(3) When the platting board is satisfied that conditions stated in (c)(1) a-d or (c)(1) e exist or makes a determination concurring with the petitioner relative to (c)(2), the platting board chairman shall sign and file with the district recorder a resolution of the platting board so stating the same and waiving the preparation, submission for approval and recording of a final plat.
(4) Preparation, submission for approval, and recording of a plat shall not be required in the case of transfers of interest in land pursuant to court order and such order and transaction when satisfied and completed are filed with the district recorder.
(5) These subdivision regulations shall not apply to any lot or lots forming a part of a subdivision legally created and recorded with the district recorder prior to the effective date of this chapter, except in the case of further subdivision or resubdivision of existing lots or tracts.
(Ord. 81-11, passed 6-3-81)
(a) Overview. The application for a subdivision or major partition has two main steps: the preliminary plat and the final plat. The preliminary plat must be approved before the final plat application can be considered. Approval of the preliminary plat shall not constitute final acceptance of the plat or the map of the proposed major partition for recording. (Once the preliminary plat is approved, the city may require changes on the plat that are necessary to show compliance with the conditions of approval.)
(b) Preliminary consultation. The subdivider may and is encouraged to at any time prior to submitting a preliminary plat, request a meeting with the platting board for the purposes of a preliminary consultation.
(c) Application procedures.
(1) Prior to submitting a final plat of a subdivision a subdivider shall submit a preliminary plat in order that general agreement may be reached on layout arrangement of roads, public or private utilities and lots before a final plat is prepared.
(2) An original and ten copies of the preliminary plat and all required accompanying data, as specified in division (c) of this section, including a certificate of ownership indicating the date(s) the land(s) proposed to be subdivided was (were) acquired, together with the book and page of each conveyance to the present owner as recorded in the district recorders office, a statement that all taxes and special assessments pertaining to the property have been paid or that payment schedule, satisfactory to the city, has been arranged, proof of plan approval by the Alaska Department of Environmental Conservation pursuant to 18 A.C.C 72.065, a copy of soils tests, logs, or borings submitted to D.E.C. and a subdivision fee in the amount of $5 per lot, shall be submitted to the City Clerk, at least 30 calendar days prior to the platting board meeting at which consideration of the preliminary plat is desired.
(3) The administrative officer shall review the plat to determine that all necessary information is provided. Deficient documents shall be returned to the subdivider with a request to correct the deficiency. No preliminary plat shall be considered to be filed and accepted by the city if it does not meet the submittal requirements of this section, as determined by the administrative officer. The applicant may appeal any decision of the administrative officer to the platting board.
(4) The City Clerk shall, within three days after the submittal of the preliminary plat, transmit a copy of the plat and all accompanying materials to: (1) the Public Works Director, (2) the City Fire Department, and (3) the utility providing electric service, for their review and comment. Comments, if any, shall be filed with the City Clerk within 14 days.
(5) The administrative officer shall provide for a public hearing in accordance with city law, and shall notify all owners of property contiguous to and across a public right-of-way from the proposed subdivision. The notice shall state the time and place of hearing, a brief description of the subdivision and the location of a copy of the preliminary plat for public inspection.
(6) The platting board shall approve, conditionally approve, or disapprove the preliminary plat within 60 days from the date the preliminary plat was accepted by the administrative officer.
a. If approved, the platting board chairman shall affix his signature to the plat and attach thereto a notation that it has received preliminary approval and return it to the subdivider for compliance with final approval requirements.
b. If approved with modifications, or disapproved, the platting board chairman shall attach to the plat a statement of the reasons for such action and return it to the subdivider. In any case, a notation of the action taken, and requisite reasons therefor, shall be entered in the records of the platting board.
(7) Approval of the preliminary plat by the platting board shall not constitute final acceptance of the subdivision by the platting board.
(8) A preliminary plat shall be considered to have been abandoned by the subdivider if he has not submitted a final plat for such subdivision within 18 months from the date he submitted the preliminary plat. The subdivider may be granted an extension of this time by the platting board for reasons deemed adequate by the platting board. Any plat not submitted for final approval within the period of time set forth herein shall be null and void, and the subdivider shall be required to submit a new preliminary plat.
(9) A subdivider may, upon written approval of the platting board, submit a final plat for a portion of the subdivision. Such partial plat and all subsequent plats for the remainder of the subdivision shall conform to the approved preliminary plat. The phasing and scheduling of such partial platting shall be specified in the platting board's written approval.
(d) Contents of the preliminary plat. Preliminary plats showing the land to be subdivided and the entire tract, plat, parcel, or survey in which the land proposed to be subdivided is located, including all subdivided lands within that tract, plat, parcel or survey, shall be prepared in pen or pencil and drawn to a scale of 1 inch = 100 feet if more than ten lots are created by the proposed subdivision and to a scale of 1 inch = 50 feet if ten lots or less are created by the proposed subdivision. The following information shall be placed on the plat:
(1) Notation that the plat is preliminary;
(2) Date, scale, and north point;
(3) Name of proposed subdivision;
(4) Location of the property by U.S. Survey, section, township and range;
(5) The names and addresses of subdivider(s) and the surveyor or engineer preparing the plat;
(6) Citation of existing covenants, reservations, deed restrictions, and easements on the property, if any;
(7) Zoning on and adjacent to the proposed subdivision and the land use designation of this area shown on the Land Use Plan, Map of the 1981 City of Sand Point Comprehensive Plan;
(8) The approximate acreage, dimensions, and size of each lot of the proposed subdivision, including rights-of-way and easements, and the number of lots contained therein;
(9) Location and size of existing or proposed utility systems or other improvements including but not limited to water, sewer, and electrical in and within 200 feet of the proposed subdivision;
(10) The general location of streams, lakes, other bodies of water, swamps, muskeg or marshy areas, drainage and erosion patterns including culverts and other drainage facilities in and within 200 feet of the proposed subdivision;
(11) A statement concerning responsibility for construction, operation, and maintenance of water supply and sewage treatment and disposal facilities in the proposed subdivision;
(12) Recommended or proposed type and location of water sources and sewage treatment or disposal systems on a typical lot diagram in relation to water sources and sewage treatment and disposal systems on adjacent lots or in relation to a community system(s) if present;
(13) To the extent ascertainable, a statement concerning the possibility of future community water or sewage systems and an appropriate timetable for their development and the proposed layout of service lines;
(14) Contour lines related to some established bench mark or other datum as approved by the administrative officer with intervals at a minimum of two feet for slopes up to 12% and five feet for slopes over 12%;
(15) The location of at least one temporary bench mark within the plat boundaries;
(16) The names of proposed and existing roads in and adjacent to the proposed subdivision;
(17) A vicinity map showing streets and other general development of the surrounding area at a scale of no less than 1 inch = 1500 feet;
(18) The administrative officer shall review and approve by signature all Homeowners Agreements of Contracts, Covenants, Restrictions for each plat. Contracts, Covenants, Restrictions that run with the land should be clearly shown on the face of the preliminary plat.
(e) Supplemental material. Any of the following information may be required by the Planning Director and if it cannot be shown practicably on the preliminary plat, it shall be submitted on separate sheets accompanying the preliminary plat:
(1) A vicinity map showing all existing subdivisions, streets and unsubdivided land ownerships adjacent to the proposed subdivisions, and showing how proposed streets may be extended to connect to existing streets. The vicinity map shall be at a scale of one inch equals 400 feet and shall show all lands within a radius of one-half mile from the proposed subdivision. The vicinity map shall show the proposed streets within the proposed subdivision and their connection with adjacent streets plus zoning on/and adjacent to the tract;
(2) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated, and plan of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants. Also the location in the adjacent streets and property of existing sewers, water drains, culverts, and drain pipes, electric conduits of lines proposed to be used on the property to be subdivided and insert elevations of sewers at point of proposed connection;
(3) Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Director shall require a plan of a tentative layout for streets in the unsubdivided portion;
(4) If special building setback lines are to be established in the subdivision, they shall be shown on the subdivision plat or included in the deed restrictions.
(Ord. 81-11, passed 6-3-81)
(a) Application procedures.
(1) Following the approval of the preliminary plat, the subdivider shall file with the City Clerk, 30 days prior to the platting board meeting at which consideration of the final plat is desired, an original and ten copies of the final plat and all accompanying data as required in division (b) of this section.
(2) The administrative officer shall review the plat to determine that all necessary information is provided. Deficient documents shall be returned to the subdivider with a request to correct the deficiency. No final plat shall be considered to be filed and accepted by the city if it does not meet the submittal requirements of this section, as determined by the administrative officer. The applicant may appeal any decision of the administrative officer to the platting board.
(3) The City Clerk shall, within three days after the submittal of the final plat, transmit a copy of the plat and all accompanying materials to: (1) the public works director, (2) the city fire department, and (3) the utility providing electric service for their review and comment.
(4) When substantial modifications to the proposed subdivision occur subsequent to preliminary plat approval, the administrative officer may direct the subdivider to submit a new preliminary plat reflecting the modifications that occurred subsequent to initial preliminary plat approval.
(5) a. The platting board shall within 60 days from the date the final plat was accepted by the administrative officer, approve, conditionally approve, or disapprove the final plat.
b. One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval noted thereon, and the reasons therefor accompanying the plat.
c. If approved, the platting board chairman shall sign the original and three copies of the subdivision plat. Signed copies shall be distributed to the subdivider, the district recorder's office, and the local utility providing electric service.
d. If conditionally approved, the platting board chairman shall sign the original and three copies of the subdivision plat after it has been revised in accordance with the conditions specified by the platting board as a condition of approval.
e. It shall be the responsibility of the administrative officer to file the plat with the district recorder's office within 20 days of the date of signature.
f. No vested rights shall accrue to any plat by reason of final approval until the plat is officially recorded.
(6) a. When a public improvements guarantee, in the form of a bond or other type of security, is required, the chairman of the platting board shall not endorse the final plat until after the bond, deposit, letter of credit, restrictions (see definitions), and the like have been approved by the platting board, filed with the City Clerk, and/or recorded with the district recorder.
b. A performance bond or other form of security, if required, shall include but not be limited to the performance of all required subdivision and off-site improvements, and shall provide that all improvements and land included in the offer of dedication shall be formally dedicated to the city, free and clear of all liens and encumbrances of the premises. In no event shall the period of time stipulated by the platting board for completion of required improvements exceed two years from the date of plat approval.
(b) Contents of the final plat.
(1) The final plat will have incorporated all changes or modifications required by the platting board in the preliminary review of the plat. If none, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the sub-divider proposes to record and develop at the time, provided that such portion conforms with all the requirements of this section.
(2) The final plat shall be prepared by a registered engineer or surveyor and shall be clearly and legibly drawn in india ink on tracing cloth or reproducible mylar. The plat of a subdivision containing more than ten lots shall be drawn to a scale of 1 inch = 100 feet. A subdivision plat containing ten lots or less shall be drawn at a scale of 1 inch = 50 feet.
(3) The following information shall be placed on the plat:
a. Notation that the plat is "final;"
b. A title block which shall be placed on the lower right hand corner of each drawing of the set comprising the plat. It shall show at least:
i. Name of subdivision
ii. Sheet number
iii. Date
iv. Scale
v. North point
vi. Total acreage of the subdivision
vii. Total number of lots in the subdivision;
c. Location of subdivision by U.S. Survey, township, section and range;
d. A land surveyor's certificate indicating that the individual certifies that a land survey has been completed under his direct supervision and that corners and monuments have been located and established and the dimensions shown on the plat are true and correct;
e. A certificate of ownership and dedication, dedicating to the public all easements necessary for public utilities, roads, alleys, thoroughfares, parks, local government uses and other public areas shown on the plan, such certificate to be signed before the City Clerk or a Notary Public;
f. A statement of the city accepting for public use and purpose all dedicated lands and areas shown on the plat, such statement to be signed by the Mayor and City Clerk;
g. Official seals of the attesting officers and of the land surveyor who surveyed the plat;
h. Locations of all monuments and stakes and a graphic presentation of the designation appearing on the caps of the monuments;
i. Initial point of survey by tie-in of existing survey if applicable using a basis of bearing, original or reestablished corners and their descriptions, lot, block and subdivision boundaries with actual traverse showing area of closure and all distances, angles and calculations required to determine initial point, corners and distances of the plat. The bearing shall be shown to 30 seconds of an arc or greater and distances shall be to nearest 1/100 of a foot;
j. Within the subdivision, the centerlines of all rights-of-way, lengths, and radii of all curves, and the total width of each right-of-way with street name;
k. The exact boundaries of all areas to be dedicated or reserved for public use or for the common use of property owners. The purpose of the dedication or reservation shall also be set forth;
l. The names of adjacent subdivisions and the lot numbers of adjacent lots. If the adjacent land is not subdivided, it should be so indicated. The existing adjacent land boundaries must be indicated by broken lines of lighter weight;
m. The group elevations after site preparation;
n. All blocks shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions;
o. All lots in each block shall be consecutively numbered. Out-lots shall be lettered in alphabetical order.
(4) All final plats requiring public improvements shall be accompanied by a public improvements guarantee. (See definitions.)
(Ord. 81-11, passed 6-3-81; Am. Ord. 97-02, passed 5-27-97)
(a) Respectively:
(1) Land which the platting board finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, adverse topography, rock formation, utility easements, or other features which are considered harmful to the health, safety, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas or which may prove unreasonably burdensome to the city in the provision of services shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the platting board to solve problems created by the unsuitable land conditions;
(2) Existing features which would add value to residential development or to the city as a whole, such as watercourses, beaches, recreation areas, historic and cultural sites, and similar irreplaceable assets, shall be preserved in the design of the subdivision;
(3) No subdivision shall be approved which is not designed to accommodate the type of land use designated for the area of the proposed subdivision by the 1981 City of Sand Point Comprehensive Plan, Land Use Plan, Map.
(b) Roads.
(1) Access by dedicated right-of-way shall be provided to all subdivisions and lots within the subdivisions. Access shall be developed to city standards as specified in the 1981 City of Sand Point Comprehensive Plan at the sub-divider's expense. In addition, boardwalks to provide for pedestrian circulation shall be constructed in locations and in a manner specified by the 1981 City of Sand Point Comprehensive Plan and in such additional locations as the platting board shall specify. Blocks shall not be unreasonably long so as to impede movement of pedestrian traffic.
(2) The creation of reserve strips shall not be permitted. (See definitions.)
(c) Design criteria - general.
(1) The circulation system shall be designed to:
a. discourage through traffic in residential subdivisions;
b. require the minimum number of roads necessary to provide convenient and safe access to property;
c. be arranged so as to maximize the number of building sites at, or above, the grades of the roads;
d. avoid a combination of steep grades and curves;
e. conform as much as possible to existing topography;
f. use land in the most efficient way;
g. be properly related to all existing and proposed special traffic generators such as industries, business and shopping districts, schools and churches; to population densities; and to the pattern of existing and proposed land uses;
h. complement drainage patterns;
i. preserve natural features such as watercourses, geology, and the like;
j. allow for the provision and/or extension of public utilities and services.
(2) Roads from adjacent existing subdivisions shall be continued wherever possible and cul-de-sacs shall be minimized where possible.
(d) Design criteria - specific
(1) All roads shall be constructed in accordance with city standards as set forth in the 1981 City of Sand Point Comprehensive Plan, as recommended by Road Standard in the Comprehensive Plan.
(2) Alignment and grading:
a. Road alignment shall conform to the topography with a maximum allowable grade of 12% for major and collector roads and 10% for minor roads;
b. Embankments shall not exceed a two to one (2:1) slope.
(3) Right-of-way minimum width:
a. Minor roads - 40 foot right-of-way
b. Collector roads - 50 foot right-of-way
c. Major roads - 60 foot right-of-way
(4) Traffic ways shall be centered within rights-of-way except where the Alaska Department of Transportation and Public Facilities has offset the trafficway, or when unusual physical circumstances dictate otherwise.
(5) Cul-de-sac or dead-end roads:
a. A permanent turn-around of fifty feet radius shall be provided at the end of each cul-de-sac and dead-end road.
(6) Intersections:
a. Number of intersections, especially between roads of different classification, shall be kept to a minimum;
b. Not more than two roads shall intersect at one point;
c. Roads shall be laid out so as to intersect as nearly as possible at right angles;
d. No intersection shall be located near the brow of a hill or where an embankment blocks vision;
e. Proposed new intersections along one side of an existing road shall, wherever practicable, coincide with any existing intersections on the opposite side of such road;
f. All intersections shall have a grade not more than 3% per 100 feet from point of intersection.
(7) Easements:
a. Utility easements of 10 feet in width shall be provided for all utilities (electrical, telephone, sewer and water) on each side of a lot road frontage and side lot lines shown on plat with broken lines.
(8) Provided for drainage:
a. The platting board shall not approve any plat or subdivision which does not make adequate provision for storm or flood water runoff channels or basins. The storm water drainage system shall be separate and independent of any sanitary sewer system;
b. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm easement or drainage right-of-way conforming substantially to the lines of such watercourse. Whenever possible it is desirable that the drainage be maintained by an open channel with adequate width for maximum potential volume of flow; such area shall not be filled or built upon and a note to this effect shall be placed on the plat;
c. The subdivider may be required by the platting board to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in a right-of-way where feasible, or in perpetual unobstructed easements;
d. Where a watercourse separates the building area of a lot from the road by which it has access, provisions shall be made for installation of a culvert or other structure to provide access across the watercourse;
e. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision;
f. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the platting board may withhold approval of the subdivision until provision has been made for the improvement of the potential condition;
g. Whenever a plat is submitted for an area which has been designated as a flood-hazard area, the platting board may approve such subdivision only when it has determined that all provisions of the city regulation requiring compliance with the sensitive lands portion of this code, § 13.06.150, have been met;
h. When a proposed drainage system will divert water across private land outside the subdivision, appropriate drainage easements shall be secured and submitted with the preliminary plat;
i. Drainage and utility easements shall be independent unless shared easement is agreed to by utilities.
(9) Water supply:
a. Where a community water supply system is available within 200 feet of the perimeter boundaries of the proposed subdivision, such subdivision shall be connected to and serviced by that community water supply system. Such system shall be provided in the subdivision by the subdivider to standards of the Alaska Department of Environmental Conservation and the city;
b. Where a community water supply system is not available within 200 feet of the perimeter boundaries of the proposed subdivision, the platting board may require the subdivider to install a water supply system for the common use of the lots within the subdivision, such system to be provided to the standards established by the Alaska Department of Environmental Conservation and the city;
c. Where a community water supply is not available within 200 feet of the perimeter boundaries of the proposed subdivision, individual wells may be permitted if the subdivider can demonstrate that every lot within the proposed subdivision can be provided an adequate supply of potable water. The subdivider shall not be required to install individual wells.
(10) Waste disposal:
a. Where a community sewage disposal system is available within 200 feet of the perimeter boundaries of the proposed subdivision, such subdivision shall be connected to and serviced by that community sewage disposal system. Such system shall be provided in the subdivision by the subdivider to standards of the Alaska Department of Environmental Conservation and the city;
b. Where a community sewage disposal system is not available within 200 feet of the perimeter boundaries of the proposed subdivision, certification from the Alaska Department of Environmental Conservation that the areas of all lots within the proposed subdivision are adequate to accommodate individual waste disposal devices shall be required, or the subdivider shall be required to install a package treatment system approved by the Alaska Department of Environmental Conservation, prior to final plat approval. The subdivider shall not be required to install individual waste disposal devices.
c. All facilities for the supply of water and the disposal of waste, whether individual on-lot or serving more than one lot, including hook-ups to existing community systems, are subject to city ordinances and state standards. All such facilities must receive approval of the city prior to construction, installation, and/or operation. Additionally, plans for a system serving more than one connection must be submitted to, reviewed and approved by the Alaska Department of Environmental Conservation prior to construction and note to that effect shall be placed on the final plat.
(11) Street lights:
a. Street lights shall be installed on all streets (roads) fronting lots at a maximum distance of 200 feet to a standard and light identified in the 1981 Comprehensive Plan or required by the platting board.
(12) Blocks and lots:
a. The lengths, widths and shapes of blocks shall be such as are appropriate to the locality, the type of development contemplated and the topography and physical characteristics of the land;
b. Every lot shall front on a dedicated public road;
c. Double front shall not be permitted except when topography and/or ownership patterns dictate otherwise;
d. Lots should be designed with a suitable proportion between width and depth. Neither narrow nor wide shallow lots are desirable. Lots shall be as near to rectangular shape as possible;
e. Lots at right angles to each other should be avoided;
f. Side lot lines shall be substantially at right angles or radial to street lines;
g. Lots shall follow municipal boundary lines rather than cross them;
h. Lots shall be laid out so as to provide drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area;
i. No cut trees, timber, debris, junk, rubbish, or other waste materials of any kind shall be buried in any land or left deposited on any lot or street and removal of the same shall be required prior to the time of expiration of the public improvements guarantee (see definitions) or dedication of public improvements, whichever is sooner;
j. Final grading must be completed in accordance with the approved final subdivision plat;
k. No more than 25% of the minimum required area of a lot may be under water;
l. Lot area shall not be less than the minimum size required by the appropriate zone;
m. Minimum lot area shall be 5,000 square feet for mobile home subdivisions, 8,000 square feet for single family dwelling unit subdivisions, and 6,000 square feet for multifamily dwelling unit subdivisions to a maximum of six units per acre, where complete and adequate community sewerage and water systems are provided and maintained by a government agency, local service district, home association, corporation, or similar entity;
n. Lots of a minimum area of 20,000 square feet shall be required where either an approved community water system or approved community sewage system is provided;
o. Minimum lot area shall be 40,000 square feet when only on-site water and sewage systems are utilized and all required state and federal regulations have been met;
p. Larger lot areas may be required by the platting board upon determination of the Alaska Department of Environmental Conservation;
q. For the purposes of this section, "width" shall be defined as the distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lines;
r. The front is considered as the part of the lot facing the road;
s. The minimum frontage of a public right-of-way shall be 60 feet;
t. Depth and width of properties reserved or laid out for commercial or industrial purposes shall be adequate to provide for the off-road service and parking facilities required by the type of use and development contemplated.
(e) To guarantee the installation of all public improvements required by this section which are not accepted at the time the final plat is filed, the subdivider shall be required to submit a public improvements guarantee at the time the final plat is submitted. (See definitions.)
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