§ 20.10.080. Right-of-Way Vacation plat.

A.

When the sole purpose of a plat is to depict right-of-way approved for vacation under KPB Chapter 20.70 as attaching to adjoining parcels in compliance with KPB 20.70.150 and AS 29.40.150, the following procedure shall apply:

1.

Submission Requirements. All of the submission requirements of Chapter 20.25 shall be met.

2.

Surveyor's Certificate. The surveyor's signature and seal on the plat certifies the surveyor is properly registered and licensed to practice land surveying in the State of Alaska, that the plat represents a survey made by the surveyor or under the surveyor's direct supervision, that the monuments shown thereon actually exist as described, and that all dimensions and other details are correct to the best of the surveyor's knowledge and belief. A written certificate is optional.

3.

Statement of Plat Approval. The following form shall be printed on the final plat to be filled in after approval:

Right-of-Way Vacation Plat Approval

This plat was approved by the Kenai Peninsula Borough in accordance with KPB 20.10.080.

_____ Borough Official       Date

 

B.

Procedure. The planning director shall review the submitted preliminary vacation plat for completeness. If the preliminary plat does not conform to the requirements of KPB 20.10.080(A)(1), the planning director shall return the plat to the petitioner with a letter describing the deficiencies.

C.

Action.

1.

The platting authority for the right-of-way vacation plat procedure is vested in the planning director. The planning director shall take action on the plat within twenty Borough working days of acceptance of the preliminary plat, subject to prior acquisition of all necessary outside reviews.

2.

Preliminary approval of the plat may not extend beyond one year of the vacation consent in KPB 20.70.110. No extensions of time may be granted.

3.

All decisions of the planning director regarding the preliminary plat shall be final.

D.

Final Plat.

1.

The requirements of the final plat shall be in accord with KPB 20.40.020, KPB 20.70.130 and the applicable portions of KPB Chapter 20.60.

2.

The requirements of KPB 20.60.190(A)(7) and (D) do not apply to vacation plats.

3.

The vacated area shall be shown in a clearly discernible pattern, such as hatching, and shall be labeled as 'area vacated this plat'. The former lot area and current lot area shall be labeled or noted on the plat.

4.

The date of the vacation approval by the planning commission, as well as the date of consent to the vacation by the assembly or appropriate city council, shall be noted on the plat.

5.

When the preliminary plat has been approved by the planning director under this section, the final plat may be approved by the planning director if the final plat meets the conditions of the preliminary approval and complies with this title. The planning director's approval shall be on a notarized form. The planning director shall report final plat approvals under this section at the next regular plat committee meeting. If the final plat does not meet the conditions of preliminary approval, the planning director shall provide a written explanation describing the deficiencies to the applicant.

( Ord. No. 2014-02, § 1, 2-11-14 )