§ 20.30.050. Legal access.

A.

The applicant shall provide an access plan to the planning department verifying the existence of legal access to the subdivision boundary. The plan shall consist of the documents depicting the access, a map depicting the location of the access, and topographic information indicating that construction which meets the design requirements set forth in KPB Chapter 20.30 is practical and economical. In this title, legal access exists where an unrestricted, public right-of-way connects the subdivision to the state highway system, the state marine highway system or a regularly served public airport, and one of the following is met:

1.

Ingress and egress will be provided over section line easements located within a surveyed section;

2.

The applicant provides copies of borough-accepted recorded conveyances creating the public easement or right-of-way where the access is located;

3.

That access is a State of Alaska maintained road or municipal maintained road;

4.

The applicant provides documentation satisfactory to the borough demonstrating that public legal access is guaranteed through judicial decree; or

5.

The right-of-way is an easement or fee interest at least 60 feet in width dedicated or irrevocably conveyed to the public and acceptable to the planning commission.

B.

The following situations may qualify for a waiver of the legal access requirement:

1.

Upon finding that no practical means of providing road access to a proposed subdivision exists and upon presentation of credible and convincing evidence by the applicant that permanent public access by air, water, or railroad is both practical and feasible, the planning commission may waive the legal access requirements of KPB 20.30.050(A). If access other than by road is approved, the mode of access shall be noted on the plat.

2.

Where only a 30-foot dedication exists over all or a portion of the legal access to a subdivision, the provisions of KPB 20.30.050(A) may be considered met if it is reasonable to expect that the other 30 feet will be dedicated in the future.

3.

Where a road is in use for physical access but there is no right-of-way document for all or part of the access road, the provisions of KPB 20.30.050(A) may be considered met if it is reasonable to expect that the right-of-way will be dedicated in the future.

( Ord. No. 2014-02, § 1, 2-11-14 )