§ 20.10.050. Plats—Required when—Waivers.

A.

Waiver standards. A plat, prepared and submitted in accordance with the applicable provisions of this title, is required for all subdivisions of land, except for subdivisions which qualify under the provision of AS 29.40.090(b), provided an application is submitted with satisfactory evidence to support a finding that:

1.

A single existing division of property is not subdivided into more than four lots.

2.

Legal and physical access is provided to a public highway or street for each lot created by the subdivision.

3.

The subdivision does not contain or require a dedication of a street, public right-of-way, or other area.

4.

The subdivision does not require a vacation of a public dedication of land.

5.

The subdivision does not require a variance from KPB Title 20 Subdivision regulations.

6.

Each lot created by the subdivision is five acres or larger.

B.

Notice. In addition to the requirements for notice by publication in this title, all beneficial interest holders in the land subject to the plat waiver application who have not provided written non-objection to the plat waiver shall be given notice of the waiver application and the planning commission hearing at least 30 days prior to the planning commission meeting where the waiver will be considered. Applications for plat waivers within a city shall be submitted to the city by the subdivider for comment at least 30 days prior to submittal to the borough for planning commission consideration.

C.

All plat waivers must meet the following requirements:

1.

A certificate of ownership for plat waiver, which meets the requirements of KPB 20.60.190(A)(2) for a certificate to plat, shall be submitted with the application. The certificate of ownership shall be updated and be current to no earlier than three business days prior to the planning commission meeting where the waiver is scheduled for consideration.

2.

A certificate from the borough finance department must be obtained indicating that all taxes due and payable on the land subject to the waiver application have been paid.

D.

Upon satisfactory showing by the subdivider that all provisions of KPB 20.10.050 (A), (B), and (C) have been met a waiver of the preparation, submission for approval, and recording of a plat shall be granted by resolution of the commission which shall be recorded in the appropriate district recording office within 30 days after adoption or the waiver shall lapse. The applicant shall pay a plat waiver fee in the amount listed in the current Kenai Peninsula Borough Schedule of Rates, Charges and Fees, and recording fees.

( Ord. No. 2014-02, § 1, 2-11-14 )