(A) Provision of improvements.
(1) Purpose. The purpose of this section is to establish and define the improvements which will be required under a subdivision agreement developed by the subdivider and public officials and agencies concerned with the administering, planning, designing, constructing, and financing of public facilities and to establish procedures for assuring compliance with these requirements.
(2) Responsibility. It shall be the responsibility of the subdivider to have prepared by a registered engineer a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for the required public street, utilities, and other facilities. Such construction plans shall be based on data contained in the approved preliminary plat.
(3) Relief to required improvements. If the subdivider/developer or its agent seek to avoid any requirements of this section, relief to the specific requirements shall be sought from the Platting Authority. Such requests will be in writing and shall state the reasons for the request. The request will be reviewed by the applicable city departments. Consultation with appropriate departments is advised. Granting of such relief shall be by resolution of the Platting Board. Relief from utility service line connections shall only be approved if all of the following are true:
(a) The plat subdivides a single lot into no more than four lots; and
(b) The plat provides direct, physical, realistic access to the right-of-way for each lot in the subdivision. Such access shall not rely on an easement, but rather shall rely on the lots being physically adjacent to the right-of-way; and
(c) The plat does not contain any dedication of right-of-way, street, or other public area, except utility easements; and
(B) Required improvements. Prior to being granted approval for the final plat, the subdivider shall have installed, or shall have furnished an adequate guarantee for the ultimate installation of the following improvements:
(1) Streets. All streets shall be constructed and provided in accordance with applicable standard specifications of the city (See City of Unalaska Standard Specifications for Construction of Streets.) The Platting Authority may waive this requirement.
(2) Water supply.
(a) Where the community water system is available within 300 feet of the proposed subdivision, each lot within the subdivision shall be provided with a connection thereto.
(b) Where a community water system is not available, the subdivider shall provide wells or a water-supply system for each lot in accordance with the requirements of the Alaska Department of Environmental Conservation.
(c) Fire hydrants shall be installed and approved by the Department of Public Utilities in all subdivisions with a community water system.
(3) Sanitary sewage system.
(a) Where community sewerage facilities are available within 300 feet of the proposed subdivision, the subdivider shall supply both collectors and laterals and provide for each lot the connection to the community system.
(b) Where a community sewerage system does not exist, the subdivider shall provide either individual or collective sewerage facilities for each lot in accordance with the requirements of the Alaska Department of Environmental Conservation. On large lot subdivisions of an acre or more, this requirement may be waived by the Alaska Department of Environmental Conservation.
(4) Electric service. Where community electric facilities are available within 300 feet of the proposed subdivision, the subdivider shall provide for each lot a connection to the community system.
(5) Oversize utility systems. The Board, in consultation with the Department of Public Utilities, may require the subdivider to install oversize utility systems in order to accommodate probable and desirable growth in the immediate area. When such oversize systems are required, the subdivider shall be reimbursed by the city for the excess costs of providing standard utility lines.
(6) Easements. The subdivider will be required to consult with the Department of Public Utilities for location of easements as they relate to existing or proposed public utilities. In instances where the city determines that providing electric, water or wastewater utility service requires the location of electric, water or wastewater equipment and/or main lines on the lots located within the subdivision, the subdivider/developer shall be required to grant a utility easement at no charge to the city, appropriate in size, nature and location to accommodate the installation and on-going maintenance of the equipment and/or main lines needed to serve the subdivision. The equipment and/or main lines may be used to serve the properties of other utility customers if the service does not change the size, nature or location of the equipment and/or main lines, or otherwise create an additional burden upon the property within the subdivision.
(a) Utility easements along rear or side lines of all lots may be required, although utilities will be placed in public right-of-ways whenever possible.
(7) Drainage. The subdivider shall consult with the Department of Public Works for location of easements as they relate to existing or proposed drainage. In instances where the city determines that an area requires the location of drainage equipment on the lots located within the subdivision, the subdivider/developer shall be required to grant a drainage easement at no charge to the city, appropriate in size, nature and location to accommodate the installation and on-going maintenance of the equipment needed to provide adequate drainage for the subdivision. The subdivider may be responsible for a total surface drainage plan showing all drainage facilities and slopes. Drainage easements will be provided whenever the subdivision is traversed by a water course, drainage way, channel, or stream conforming to the course of that feature and wide enough to provide access for maintenance and improvement. Consultation with the Department of Public Works is advised.
(C) Extent of improvements. All the required improvements shall be installed to the boundaries of the subdivision and shall be designed to provide for future extension to and service of contiguous areas.
(D) Dedication. All streets, facilities, and improvements shall be expressly dedicated to public use and maintenance at the time of the approval of the final plat. Those dedicated shall be constructed at acceptable city standards prior to acceptance by the city.
(E) Guarantee of required improvements. Before considering the final plat where improvements are required by the Platting Authority, a “Planning Determination” must be made that all improvements required by the Platting Authority have been constructed. If the required improvements have not been completed, the subdivider shall be required to include with the final plat a surety bond or certified check in an amount equal to the cost of construction of those improvements as estimated by the city. The guarantee will be subject to the conditions that the improvements will be completed within 24 months after approval of the final plat. If completed, the city will return the full amount of the guarantee to the subdivider. If not completed, the city shall complete construction of the improvements with the guarantee. Any amount of the guarantee in excess of the costs of completing the requirement improvements will be returned to the subdivider. However, the subdivider cannot be charged for any amount in excess of the original guarantee.
(F) Maintenance agreement. The subdivider shall guarantee that the required improvements provided will remain in good condition for a period of one year after the date of conditional acceptance by the city and shall agree to make all repairs to and maintain said improvements in good condition during the one-year period at no cost to the city. The subdivider may be required by the Board to include with the final plat a surety bond or certified check in an amount equal to five percent of the cost of improvements, for payment of costs for any correction, reconstruction, repair, or maintenance of the improvements during the one-year warranty period. Any amount of the maintenance guarantee in excess of the costs of correction, reconstruction, repair, or maintenance will be returned to the subdivider.
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05; Am. Ord. 2016-01, passed 1-26-16)