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Chapter 13.04 General Provisions

Chapter 13.04

 

GENERAL PROVISIONS

Sections:

 

13.04.010  Purpose.

13.04.020  Authority.

13.04.030  Jurisdiction.

13.04.040  Compliance.

13.04.050  General principles of acceptability.

13.04.060  Plat alteration.

 

13.04.010 Purpose. A. Land subdivision is the first step in the process of community development. Once land has been divided into streets, lots and blocks, and publicly recorded, the correction of defects is costly and difficult. Subdivision of land sooner or later becomes a public respon­sibility in that roads and streets must be maintained and various public services customary to urban areas must be provided. The welfare of the entire community is thereby affected in many important aspects. It is therefore in the interest of the public, the developer and the future owners that the subdivision be conceived, designed and developed in accordance with sound rules and proper minimum standards.

B. The purposes of these regulations are to promote an adequate and efficient street and road system, to prevent congestion on streets and promote traffic safety, to secure desirable public spaces, to ensure the proper distribution of population, to provide for adequate utilities and public improvements, and to ensure the accurate survey of land and proper preparation of plats, and to protect and improve the health, safety and general welfare of the people. (Ord. 108 §1 (part), 1985)

 

13.04.020 Authority. These subdivision and platting regulations have been promulgated and adopted under the au­thority granted by Alaska Statutes 29.43.040, 29.33.070 through 29.33.245, and Chapter 40.15, and the ordinances of the City of Anderson. The city council shall serve as the board of adjustments. In this title, the planning commis­sion is referred to as the "commission" or the "platting board." (Ord. 108 §1 (part), 1985)

 

13.04.030 Jurisdiction. A. The subdividing of land into lots or tracts comprising two or more lots or tracts, or containing a dedication of any part thereof as a public street or highway, is required to proceed under and in com­pliance with the provisions of this title.

B. No plan, plat or replat of lands is entitled to be recorded in the office of the recorder unless approved by the planning commission. It is unlawful to file or record a plan, plat or replat of lands unless it bears on it by en­dorsement or otherwise, the approval of the commission. A person who violates this section, upon conviction, is pun­ishable by a fine of not more than five hundred dollars or imprisonment for not more than thirty days or by both such fine and imprisonment.

C. The approval provisions of these regulations shall be administered by the commission in accordance with Section 29.33.150 of the Alaska Statutes and the ordinances of the City of Anderson. (Ord. 108 §l(part), 1985)

 

13.04.040 Compliance. Every subdivision must comply with the requirements of this title and any of the applica­ble laws of the city and the state. No person, firm, corpo­ration or entity may divide land except in accordance with these laws. (Ord. 108 §1 (part), 1985)

 

13.04.050 General principles of acceptability. A. The commission shall take into consideration the general requirements of the community, the particular requirements of the neighborhood and the best use of the land to be sub­divided. Particular attention may be given to specific re­quirements for parks, playgrounds, school sites, major streets, the adequacy of street connections and the suita­bility of land for development.

B. The commission shall consider the extent to which the proposed subdivision conforms to the city's comprehen­sive development plan. Particular consideration shall be give to lot size in relationship to the Alaska Department of Environmental Conservation regulations. (Ord. 108 §l(part), 1985)

 

13.04.060 Plat alteration. A. No plat may be altered, amended or changed except upon petition of homeowners of a majority of the land affected by the alteration, amendment or change. The petition shall show the changes contemplated.

B. The petition shall be filed with the commission requesting that the plat, addition or subdivision be amended or replatted. The petition shall be accompanied by a plat, draft or a copy of the existing plat showing the proposed amendment or replat.

C. If a tract is subdivided into larger parcels than ordinary building lots, the parcels shall be arranged to allow for the opening of future streets and logical further subdivision.

D. There may be no reserve easements controlling ac­cess to land dedicated or intended to be dedicated to the public use, except when the control and disposition of land comprising the easements are placed under the jurisdiction of the public under conditions specified by the commission and attached to the final plat. (Ord. 108 §l (part), 1985)

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