(A) Purpose. The purpose of this chapter is to promote and improve the health, safety, and general welfare of the citizens of the city. This chapter is designed to encourage the orderly development and use of land; to prevent overcrowding; to prevent congestion on streets and highways; to provide adequate light and air; and to protect the public from fire, disease, and other dangers. This chapter is designed to achieve the greatest economy to the city and its citizens while protecting the public interests involved in the subdivision of land within the city.
(B) Authority. This chapter has been adopted pursuant to AS 29.40.
(C) Scope. This chapter shall not apply to any lot or lots forming a part of a subdivision legally created and filed for approval or record prior to the effective date of this chapter. Notwithstanding other provisions of this chapter, the development or creation of plats or subdivisions is subject to § 8.08.070, “Platting Procedures”; § 8.08.090, “Subdivision Design Standards”; and § 8.08.100, “Subdivision Improvements.” Where this chapter imposes a greater restriction upon land than is imposed or required by existing provision of other laws or regulations, or with private restrictions placed upon the property by deed, restrictive covenants, or other private agreements running with the land, the provisions of this chapter shall prevail.
(D) Jurisdiction. This chapter governs all subdivision of land, tide and submerged lands, and platting within the City of Unalaska city limits.
(E) Requirement to plat. All subdivision of land within the jurisdiction of the city shall be by plat in compliance with this chapter. Subdivision by development of a lease lot or lease parcel may occur following the approval of a preliminary plat provided that the land owner shall proceed to the final plat within one year.
(F) Administration. The approval provision of this chapter shall be administered by the Director of Planning and the Platting Board (“Board”) in accordance with AS 29.40.080.
(G) Public notice requirements. The Platting Authority shall hold at least one public hearing on an alteration or replat petition which shall not be more than sixty days after the application is filed. The Department of Planning will mail a copy of the public notice to each affected property owner (as shown on the most recent copy of the City of Unalaska Real Property Tax Roll) within the area being altered or replatted. The notice shall generally describe the alteration or replat requested. The Department of Planning will post at least two copies of the notice, printed or written, in a conspicuous place not less than 10 days prior to the date of the hearing.
(H) Computation of prescribed time periods. In computing any period of time prescribed by this chapter, the day of the act or default from which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday, or legal holiday. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
When by these rules or by notice given thereunder an act is required to be done at or within a specified time, the responsible authority, for cause shown, may at any time in its discretion (1) with or without motion, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by previous order; or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of notice or other paper upon him/her and the notice or paper is served upon him/her by mail, three days shall be added to the prescribed time.
(I) Platting Authority public hearings. At the scheduled public hearing, the Platting Authority shall consider the platting action and make a decision to approve, approve with conditions, or disapprove the preliminary plat within sixty days of its submittal by the applicant, unless the action is continued. The Platting Authority shall state its decision by resolution and return a written copy of its decision and one copy of the preliminary plat to both the applicant and the professional land surveyor.
(J) Vacation of public right-of-ways. A platted street may not be vacated except on petition of the city or of the owners of a majority of the land fronting the part of the street sought to be vacated. Said vacation shall be submitted to the Board for recommendation to the City Council. The vacation of a city or public right-of-way may not be made without the consent of the City Council. The City Council shall have 60 days from the decision of the Board in which to veto a vacation of a street. If no veto is received by the Board within the 60-day period, the consent of the City Council shall be considered to have been given to the vacation.
(K) Monuments of Record. Any person whose activities have disturbed or destroyed a monument or its accessories shall have a professional land surveyor:
(1) Restore or replace the monument and its accessories after the activities have ceased; and
(2) File a new Monument of Record form after restoring or replacing the monument or its accessories with the Department of Planning.
(3) Monument of Record forms shall include only one monument per record form and shall:
(a) Identify the purpose for the Monument of Record as a restoration, an establishment, or a re-establishment.
(b) List all pertinent evidence found (both physical and record) which was used to substantiate the position of the corner or a concise statement of the method used to re-establish the corner.
(c) Provide a description of the monument and accessories established to perpetuate the location of the monument.
(d) Make a neat sketch showing the relative positions of the monument and reference points. Give dimensions with appropriate degree of precision; include north arrow and state basis of bearings if used.
(e) Contain the surveyor’s name, registration number, date, seal, and signature.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05; Am. Ord. 2014-21, passed 10-28-14)