§ 20.10.070. Right-of-way acquisition plat.

A.

A plat for a subdivision created by a government agency's acquisition of a street right-of-way, airport parcel, or land for other public purposes is subject to approval under this section only and is not subject to any other approval procedure for plats under this chapter, except where hereinafter stated.

1.

Certain provisions of this section may also apply to other parties who volunteer a formal dedication of right-of-way to the public.

B.

Submission requirements. A right-of-way acquisition plat shall contain the following information:

1.

The location and name of the acquisition project.

2.

The approximate timetable for the acquisition and construction.

3.

The dimensions and area of the proposed tract, parcel or parcels to be acquired and the remainder parcel(s).

4.

The name of the record owner(s) of the subject parcels shall be required on the preliminary plat only.

C.

Review and approval procedures. The planning director shall review the preliminary right-of-way acquisition plat for completeness prior to consideration by the planning commission. If the plat does not meet the requirements of this section, it shall be returned to the submitting agency with a written explanation of the deficiencies.

1.

The plat shall be considered by the planning commission at any regular meeting that is agreed upon by the planning department and the submitting agency. Preliminary approval of the plat shall be for a period of 24 months. Additional time extensions may be granted by the planning director for specified time periods upon finding that it is in the public interest to do so. Submittal of documentation from an affected agency, or if located within city limits, the city advisory planning commission, indicating concurrence with a time extension request must be submitted with the request.

2.

The planning director may grant approval of minor revisions to the preliminary plat. Substantive revisions shall be subject to planning commission consideration. Substantive revisions are those which impact surrounding properties or utilities.

3.

Right-of-way plats are subject to agency review. When the plat is within the boundaries of a city, documentation must be submitted with the preliminary plat showing the recommendation of the advisory planning commission of the appropriate city.

4.

The land status shown on the final plat must be current as of the date of Borough signature. The planning director may authorize the use of an errata sheet to document current status on a case by case basis.

5.

Statement of plat approval. The following form shall be shown on the final plat to be completed after final approval:

Right-of-Way Acquisition Plat Approval

This plat was approved by the Kenai Peninsula Borough Planning Commission in accordance with KPB 20.10.070 at the meeting of ________.

_____ Borough Official

 

6.

Where the plat provides dedication of rights-of-way, an ownership and dedication certificate shall be provided in accord with KPB 20.60.190. Where the dedication is located within the city limits an acceptance statement shall also be provided in accord with KPB 20.60.190(A)(7).

7.

When signed by the authorized official of the borough, the original final plat shall be recorded with the appropriate district recorder within 30 days by the submitting agency.

D.

Survey and monumentation requirements for right-of-way acquisition plats:

1.

The minimum monumentation required will be a 5/8 " × 24" reinforcement bar with appropriate identification cap set on the margin of the right-of-way at all points marking the beginning and end of each curve and on tangents so that no distance between monumented points exceeds 1,320 feet. An alternate method may be proposed which shall consist of placing primary type monuments at centerline points marking the beginning and end of each curve and on tangents so that no distance between monumented points exceeds 1,320 feet. The survey and monumentation shall be completed by a land surveyor.

2.

If construction of improvements is scheduled to follow the right-of-way acquisition, the placement of the centerline monuments may be delayed until such improvements have been completed, in which case a statement designating the schedule for placing the monuments must be included on the plat.

3.

The plat shall be surveyed and monumented in conformance with any applicable provisions of KPB 20.60.190.

E.

Remainder parcels. No remainder parcel resulting from the right-of-way plat shall be allowed which does not conform to applicable city and borough codes unless:

1.

A note is placed on the plat indicating that damages have been paid to the owner of the remainder and that the nonconforming remainder cannot be developed without first being replatted so as to conform to applicable city and borough codes; or

2.

The remainder meets the requirement for an exception under KPB 20.30.200(C), or KPB 20.50.010.

( Ord. No. 2014-02, § 1, 2-11-14 )