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It is not the intent of this chapter to repeal, alter, or annul or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants or easements running with the land to which the city is a party. Where this chapter imposes a greater restriction upon the land than is imposed or required by such existing provisions of law, ordinances, contract, or deed, the provisions of the chapter shall control.
(Ord. 81-11, passed 6-3-81)
(a) Minor land partitioning shall be in accordance with the following:
(1) When to process a minor land partition. The proposal must be submitted in accordance with major partition and subdivision provisions if:
a. less than four lots will be created from a tract of land which existed as a contiguous unit of land and has not been partitioned prior to one calendar year; and
b. neither the proposal nor the Planning Commission requires that an easement for roads or streets be created.
(2) Submission. The applicant shall submit ten copies of the sketch map to the administrative officer and pay the fees. If any changes or conditions are necessary to process the minor land partition the applicant shall incorporate the required modifications in a new sketch map and resubmit it to the administrative officer.
(3) Contents of the sketch map. The sketch map shall be eight and one-half by eleven inches, or 18 by 24 inches in size, and it shall contain the following information:
a. the date, north point, scale, and sufficient description to define the location and boundaries of the parcel to be partitioned and its location;
b. the names and addresses of the record owner or owners and of the person who prepared the sketch map;
c. the approximate acreage of the parcel under a single ownership or, if more than one ownership is involved, the total contiguous acreage of all landowners directly involved in the minor partitioning;
d. for land adjacent to and within the parcel to be partitioned, the locations, names and existing widths of all streets and easements of way; location, width, and purpose of all other existing easements; and location and size of sewer and water lines, drainage ways, and utility poles;
e. the location of existing structures to remain in place;
f. the lot layout, showing size and relationship to existing or proposed streets and utility easements;
g. approximate topography at the same scale as the sketch map;
h. all easements of record;
i. location of existing wooded areas and trees eight inches or more in diameter, measured four feet above the ground level.
(4) Notification of affected agencies and departments. The City Clerk shall send review sheets and copies of the minor land partition to the adjacent property owners.
(5) Planning Commission review. The administrative officer shall schedule the review of the minor land partition for public hearing before the Planning Commission with recommendation for approval, approval with conditions, or denial.
(Ord. 81-11, passed 6-3-81)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFICER. The City Administrator or individual designated by the city administrator to administer this chapter.
BLOCK. A unit of lots, or a tract or group of lots surrounded by roads or other physical boundary.
BOARDWALK. A pedestrian walkway with permanent surfacing.
BUILDING LINE. A line on a plat indicating the limit beyond which buildings or structures may not be erected.
CITY COUNCIL. The City Council of Sand Point, Alaska.
CAPITAL IMPROVEMENT PROGRAM. A schedule of all future projects requiring public funds listed in order of construction priority together with cost estimates and anticipated means of financing each project.
COMMUNITY SERVICES AND TRANSPORTATION PLAN. A component of the Comprehensive Plan dealing with policies for transportation and community facilities.
COMPREHENSIVE PLAN. The official public document adopted by the city as a policy guide to decisions about the physical development of the community.
CUL-DE-SAC or DEAD-END ROAD. A road having one end open to traffic and being terminated at the other end by a vehicular turnaround.
DEDICATED. Conveyed for public use.
EASEMENT. A right that a party may acquire to use another's land for a specific purpose. All easements should include unrestricted rights of ingress and egress for construction and maintenance purposes by utility companies.
FINAL PLAT. The final map, drawing, or chart on which the subdivider's plan of subdivision is presented to the platting board for approval and which, when approved, will be submitted to the district recorder for recording.
FLOOD HAZARD AREA. All the area within the city subject to the 100-year flood as delineated on the Flood Hazard Boundary Map or the Flood Insurance Rate Map for the city published by the Federal Insurance Administration, including the Coastal High Hazard Area where applicable.
LOT. A recorded tract, plot or portion of contiguous land in the same ownership.
CORNER LOT. A lot that abuts the intersection of two or more streets.
DOUBLE FRONTAGE LOT. A lot that has frontage on two parallel or approximately parallel streets other than the alleys.
LOT IMPROVEMENT. Any building, structure, water or sewer facility, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
MAP. A final diagram, drawing or other writing concerning a major partition.
ONE HUNDRED YEAR FLOOD. A flood of a magnitude which can be expected to occur on the average of once every 100 years.
ORDINANCE. Any legislative action of the city which has the force of law, including any amendment or repeal of any ordinance.
OUTLOT. A lot shown on a plat that is not located within a numbered or lettered block.
OWNER. Any person, firm, corporation, any other legal entity who is the owner of record or which has proprietary interest in the land sought to be subdivided under this chapter.
PARTITION.
PARTITION. Either an act of partitioning land, or an area or tract of land partitioned as defined in this title.
MAJOR PARTITION. A partition which includes the creation of a road or street.
MINOR PARTITION. A partition that is subject to approval by a city or borough under a regulation or ordinance adopted pursuant to A.S. 29.40.070 through 29.40.160 and that does not include creation of a road or street.
PARTITION LAND. To divide an area or tract of land into two or three lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. PARTITION LAND does not include divisions of land resulting from
lien foreclosures, divisions of land resulting from the creation of cemetery lots and divisions of land made pursuant to a court order, including but not limited to court orders in proceedings involving testate or intestate succession, and
PARTITION LAND does not include any adjustment of a lot line by the relocation of a common boundary where an additional lot is not created and where the existing lot reduced in size by the adjustment is not reduced below the minimum lot size established by an applicable zoning ordinance.
PEDESTRIAN WAY. A right-of-way for pedestrian traffic.
PLAT. A map, or representation on paper, of a piece of land subdivided into lots, with roads, physical characteristics, and the like, drawn to scale. Includes a final map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
PLATTING. The procedures provided for in this chapter for processing the plat from the time it is submitted for filing with the platting board until it has been approved by the platting board.
PLATTING BOARD. The City Council of the City of Sand Point or any other board so designated by the City Council of the City of Sand Point.
PRELIMINARY CONSULTATION. A voluntary meeting between the subdivider and the platting board, at which time the subdivider shall be informed of subdivision procedures and standards as prescribed by this chapter.
PRELIMINARY PLAT. The preliminary map, drawing, or chart indicating the proposed layout of the subdivision to be submitted to the platting board.
PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, pedestrian way, off-road parking area, lot improvement, or other facility for which the city may ultimately assume the responsibility of maintenance and operation, or which may affect an improvement for which city responsibility is established.
PUBLIC IMPROVEMENTS GUARANTEE. A performance bond, deposit in escrow, or letter of credit in an amount equal to the estimated cost of the required public improvements. All such forms of security shall be approved by the City Council prior to acceptance by the platting board. If the applicant can show financial hardship or inability to obtain a bond or letter of credit the platting board may, at its discretion, require the recordation of restrictions for lots listed in the subdivision which lists for each lot the estimated dollar amount of the required improvements allocable to that lot, together with interest at 8% from the date of recordation, which restrictions or note is a lien upon the lots and a liability which is due and payable no later than six months after the date the city, by ordinance, adopts a program for constructing the subdivision improvements. As an alternative, the platting board may accept a note from the applicant secured by a deed of trust upon one or more of the lots in the final plat sufficient to cover the estimated costs of the city constructing the required subdivision improvements, if the applicant should not construct them within the time prescribed.
RESERVE STRIP. Land reserved adjacent to a proposed road for the purpose of denying access from adjacent property to such road.
RESUBDIVISION. A change in the map of an approved or recorded subdivision plat if such change affects any legal boundary or road layout on such map or area reserved thereon for public use.
RIGHT-OF-WAY. Land dedicated to the city for use of supporting municipal services.
ROAD. A way for vehicular traffic, dedicated to public use.
COLLECTOR ROAD. A road carrying traffic from minor roads to major roads, including the principal entrance roads of a residential development and roads for circulation within such a development.
MAJOR ROAD. A road used to carry high volumes of traffic to and from major traffic generators and/or into or out of the community.
MINOR ROAD. A road used primarily for access to the abutting properties.
ROAD RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the road.
STREET PLUG. Physical barrier blocking access.
SUBDIVIDE LAND. To divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous unit of land under a single ownership at the beginning of such year.
SUBDIVIDER. Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION. The division including resubdivision of any land, vacant or improved which is divided into lots, parcels, sites, units, plats, or interests for the purpose, whether immediate or future, of sale, lease, or transfer of title, where the act of division creates two or more parcels. The process of subdividing. The land or areas subdivided.
(Ord. 81-11, passed 6-3-81)
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ENCROACHMENT.
(1) Any structure, object, material or physical disturbance of materials, including but not limited to, driveways, culverts, road repairs, wells, septic systems, drainage, and all types of structural improvements within, extending over or under:
(a) The city's public right of way;
(b) A public easement;
(c) Property dedicated to a public use which is operated or maintained by the city; or
(d) Land owned by the city.
(2) Any snow storage, soil removal, debris or any other obstruction, any road, ditch drain, gutter, or culvert which hinders or restricts:
(a) Public traffic;
(b) Maintenance or the flow of water in or along any:
1. Public right of way;
2. Public easement;
3. Public education; or
4. City land.
(Ord. 96-5, passed 5-14-96)
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