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HomeMy WebLinkAbout03172026 Planning & Zoning Work Session PacketPlanning & Zoning Commission Work Session Packet Work Session Tuesday, March 17, 2026 Council Chambers, City Hall 6: OO p.m. The City of Seward, Alaska SEWARD PLANNING AND ZONING COMMISSION WORK SESSION AGENDA March 17, 2026 Clare Sullivan Chair Term February, 2026 Brenan Hornseth Vice Chair Term February, 2028 Nathaniel Charbonneau Commissioner Term February, 2027 Vanessa Verhey Commissioner Term February, 2026 Rhonda Hubbard Commissioner Term February, 2028 Andrew Wilder Commissioner Term February, 2028 Vacant Commissioner Term February, 2028 Daniel Meuninck Community Development Director Courtney Bringhurst City Planner Jamie Crocker Executive Planning Assistant Jodi Kurtz Deputy City Clerk 6:00 p.m. 1) CALL TO ORDER 2) STAFF COMMENTS 3) DISCUSSION ITEMS a) Subdivision Code 4 Council Chambers 4) ADJOURNMENT 2 OUTCOME GOALS FOR WORK SESSION 1) Review the draft of Subdivision Code amendments and provide additional input Background: One of the Planning Commission's priorities, carried over from the previous year, is a comprehensive review and update of Title 16 — Subdivision Code. Title 16 governs how land is subdivided and developed within the City, including procedures and standards for subdivisions and infrastructure requirements. Because subdivision regulations directly shape how growth occurs, keeping the code current is essential to ensuring orderly development, legal compliance, and alignment with the City's Comprehensive Plan. The Commission has already conducted one work session to discuss and review the subdivision code on February 17, 2026. Subdivision codes often require periodic updates to: • Address inconsistencies or outdated language • Reflect changes in state statutes or case law • Improve clarity and administrative efficiency • Incorporate modern planning best practices • Align with updated infrastructure standards and development policies The Commission has already begun this effort and held its first work session to review the subdivision code on February 17, 2026. Staff has worked collaboratively with the City Attorney to prepare a draft ordinance that outlines recommended amendments to Title 16. Legal review ensures that proposed changes are enforceable, internally consistent, and compliant with state law. The Planning Commission will play a key role in reviewing the draft amendments. This review process allows commissioners to evaluate whether the proposed changes meet community goals, improve functionality, and maintain appropriate development standards. The public will also have the opportunity to review the draft and provide input before any formal action is taken. Public engagement is an important component of code updates, as subdivision regulations affect property owners, developers, and the broader community. Following Commission review and public input, the draft ordinance may be revised before moving forward in the formal adoption process. 3 Subdivision Code CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX AN ORDINANCE OF THE SEWARD CITY COUNCIL, AMENDING SEWARD CITY CODE §16.01 and 16.05 TO CLARIFY PUBLIC IMPROVEMENT REQUIREMENTS WHEN SUBDIVIDING, DEVELOPING, OR SELLING LAND. WHEREAS, for half a century, the City of Seward has required developers to install public improvements when subdividing property; and WHEREAS, since at least 1977, unless an exception applies, a developer that subdivides property within the City limits has been required to provide public streets, telephone, electrical lines, water system, sewer system, and street lighting. Compare SCC 16.01.015 with Ordinance 443, Section 23-1 (1977); and WHEREAS, subdivision public improvements are a win -win because they substantially increase the value of subdivided land while also benefiting subsequent buyers and the public by having reasonable and necessary utilities and road access, which are essential for modern life; and WHEREAS, the most financially beneficial time to install the public improvements is at the time of subdivision because that allows subsequent buyers to wrap the subdivision improvement costs into the purchase costs with a 30-year mortgage; and WHEREAS, if subdivision public improvements are delayed until after the subdivided lots are sold, then the buyers are financially disadvantaged because they cannot wrap the subdivision improvement construction costs into the purchase loan and they typically cannot afford the subdivision improvement construction costs, which prevents the properties from being developed, suppresses the property values, harms the economy, and harms the other taxpayers who have to initially pay for the improvements with a local improvement district; and WHEREAS, the City presents this ordinance to clarify the code without altering the underlying requirements that developers that subdivide property are required to install public improvements. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 16.01 General Provisions is amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.01.005. Purpose. The purpose of this chapter is to: 1. Establish design and development criteria for public and private improvements; 5 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. Define what are required public improvements; 3. Regulate when required public improvements must be installed to maximize opportunities for property owners to wrap public improvement construction costs into a long-term mortgage, which makes housing more affordable; and 4. Outline the procedures and responsibilities of the developer for furnishing plans and completing the improvements. Section 2. Seward City Code Section 16.01.015 Conditions to Plat Approval is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.015. Conditions to plat approval. A. The applicant must install all the required public improvements within the boundaries of the development and may be required to make improvements beyond the development boundary for all the improvements to function properly. In addition, improvements must be designed and constructed to provide for future extension to adjoining lands. No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in section 16.05.015. B. No preliminary or final plat for the subdivision or resubdivision of land located within the city limits may be approved by the city unless all the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor, or developer in the manner described in section 16.05.015. No preliminary plat of city owned property may be submitted to the Kenai Peninsula Borough planning commission for approval without the prior consent of the city council. C. Public posting. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days after the hearing is completed. Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. D. Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted as required by this section. E. Notification of neighboring property owners. A notice of preliminary plat review shall be mailed not less than ten days prior to the meeting review date to the owners of record on the Kenai Peninsula Borough assessor records of real property within 300 feet of the periphery of the parcel affected by the proposed plat. 6 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX F. A plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt from subsection (c), public posting, (d), proof of posting and (e), notification of neighboring property owners. G. Construction plans. Upon approval of the preliminary plat and before the start of any construction, the developer must submit construction plans for all proposed required public improvements and associated private improvements and utilities within and outside the proposed development's boundary. (Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06) Section 3. Seward City Code Section 16.01.020 Conveyances Restricted In Present Subdivisions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.020. Conveyances restricted in present subdivisions. The owner of land located in a subdivision may not transfer, sell, offer to sell, or enter a contract to sell land in a subdivision before a plat of the subdivision has been reviewed by the City, approved by the Borough plattink authority, and recorded in accordance with state law. A person may not file or record a plat or other document depicting subdivided land in a public recorder's office unless the plat or document has been reviewed by the City and approved by the Borough platting authority. Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of 1977, shall convey any such lots to any other person unless he first provides for such lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015. (Ord. 443, 1977; Ord. 610, 1988) Section 4. Seward City Code Section 16.01.025 Building Permits Restricted is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.025. Building permits restricted. A. No building permit shall be issued for construction of a dwelling unit on an undeveloped lot located within an area covered by a valid plat recorded prior to November 28, 1977, until the owner thereof has provided for such required public improvements to the lot as if the owner were subdividing to create the lot. lots the public improvements required by section 16.05.010 in the manner described in section 16.05.015. CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX Section 5. Seward City Code Section 16.01.030 Exceptions is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.01.030. Reserved. Exceptions. The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows: 1. Where the subdivider, owner, proprietor or developer owns not more than six undeveloped lots located within an area covered by a valid plat recorded prior to the effective date of this title, the restrictions of sections 16.01.020 and 16.01.025 shall not apply. 2. Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys all of his lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and 16.01.025 shall not apply to such conveyances; however, all such restrictions shall apply to the transferee of such lots. 3. Where the subdivider, owner, proprietor or developer of such undeveloped lots serves upon the city manager written notice of his intent to convey or construct, and the city ^^ftif^s that the city ca„„ot »,,vide access to a particular public improvement required by section 16.05.010 within six months after receipt of notice of such intent, the subdivider, owner, proprietor or developer shall not be required to provide that particular improvement prior to the lawful conveyance of such lot or prior to the issuance of a building permit for the construction of a dwelling unit on such lot. (Ord. 443, 1977; Ord. 610, 1988) Section 6. Seward City Code Chapter 16.01 General Provisions is amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.01.045 Review and approval. A. Any proposed vacation, subdivision, or replat showing a subdivision of land lying within the corporate boundary of the City of Seward must first be submitted to the city for review prior to submitting the plat to the Kenai Peninsula Borough planning department. B. Prior to fling a platting or subdivision application with the city, the applicant may request a pre -application conference with city staff to discuss the proposal and relevant city regulations. C. _ Applications for preliminary plats must comply with the requirements of this chapter and Sections 20.25.070 and 20.25.080 of the Kenai Peninsula Borough Code of Ordinances, and must be submitted with a completed Kenai Peninsula Borough Plat Submittal Form. D. A plat review fee as established by the current City of Seward fee schedule must be submitted to the city at the time of application. E. Upon acceptance of the application, the subdivision request must be scheduled for review and recommendation before the city planning and zoning commission. F. The city planning and zoning commission must review the proposed action, take public testimony, and adopt a written recommendation for the borough platting authority. G. _ Final plats submitted to the borough for approval will be submitted by the borough to the city for review when the design deviates from the preliminary plat by a substantial 8 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX change in alignment or dedication of a right-of-way, addition of lots, or major change in lot design which has not been recommended by the city. In such instances, the city planning and zoning commission must review the revised action, take public testimony, and adopt a written recommendation for the borough platting authority. H. The Kenai Peninsula Borough Planning Director or the Planning Commission, as described in borough code, are the platting authorities for subdivision applications within the City of Seward. I. Notwithstanding the other provisions in this section, no preliminary plat of city - owned property may be submitted to the Kenai Peninsula Borough platting authority for approval without the prior consent of the city council. Section 7. Seward City Code Chapter 16.01 General Provisions is amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.01.050 Conflict with other laws. If a section in this title conflicts with another ordinance, unless the right to do so is preempted or prohibited by the state or federal law, the following rules apply. In case of conflict between the provisions of this title and another ordinance, the more specific provision governs. If no specific provision exists, the more restrictive provision governs. If two provisions are equally specific, the more restrictive provision zoverns. Section 8. Seward City Code Section 16.05.010 Required Public Improvements is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.05.010. Required public improvements. A. The subdivider, owner, proprietor, or developer must install all the required public improvements within the boundaries of the development and may be required to make improvements beyond the development boundary for all the improvements to function properly. B. The term "required public improvements" shall mean the following: 1. Streets. All streets located within a subdivision subject to the requirements of this title shall be not less than 50 feet in width and shall be gravel surfaced according to city specifications. For specific requirements see section 16.05.050. 9 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX 2. Communication and electric lines. All new communication and electric lines shall be installed underground, unless found to be impractical by the commission and affirmed by the city council, and in accordance with specifications of the appropriate utility companies and the city. For specific requirements see section 16.05.040. 3. Water system. Where the city water system will service the area covered by the plat or proposed plat, the subdivider shall provide the water system in accordancc with the specifications established by the commission and affirmed by the city council. Fire hydrants shall be provided to standards established by the American Waterworks Association and shall be a brand specified by the city. The subdivider shall not be required to drill individual wells. For specific requirements see section 16.05.030. 4. Sewer system. Where the city sewer system will service the area covered by the plat or proposed plat, the subdivider shall provide the sewer system in compliance with all applicable state and federal health and environmental laws and regulations. For specific requirements see section 16.05.035. 5. Street lighting. Street lighting shall be installed in accordance with the requirements of the city. For specific requirements see section 16.05.050. 6. Drainaee. For specific requirements see section 16.05.045. Section 9. Seward City Code Section 16.05.015 Compliance Procedure is hereby amended to read as follows (new language is in bolded italics and underlined, and deleted language is stricken): 16.05.015. Compliance procedure. A. The subdivider, owner, proprietor or developer must install the required public improvements and is deemed to have satisfied the requirements of this title by completing installation before final plat or by enterink when he has entered into the subdivision agreement with the city. The subdivision agreement shall be written to cover one or a combination of the following alternatives available to the subdivider: 1. The subdivider may elect to complete all required public improvements prior to approval and recording of the final plat or prior to sale or issuance of a building permit, as the case may be. If this is done, the subdivision agreement, delineating the construction and inspection requirements for each improvement, shall be entered into prior to commencement of construction. 2. The subdivider may elect to complete required improvements after approval and recording of the final plat, the conveyance or the issuance of the building permit. In this event, the subdivision agreement shall delineate: a. The construction and inspection requirements of the appropriate governmental agency or city department concerning the required improvements; b. The time schedule for completion of required improvements; 10 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX c. A method of insuring that such improvements shall be completed to the specifications required and in the time schedule agreed upon. 3. The subdivider may elect to form a special assessment district prior to any sales, obligating all property owners in the subdivision to assume the costs of all required public improvements not previously installed. B. The improvements required under the terms of the subdivision agreement shall be fully completed within three years of the date of execution of the agreement, except if a special assessment district has been formed, in which case improvements will be installed when a sufficient demand is made of the city. C. The subdivision agreement shall provide for the apportionment of the costs of required public improvements between the city and the subdivider as provided in the special assessment district or as follows: 1. Administrative and recording costs relating to public improvements guarantees. The subdivider shall pay 100 percent of all costs incurred in supplying and administering any method of public improvement guarantees provided for in subsection (d) of this section; 2. Inspection, surveillance and testing. The subdivider shall pay 100 percent of all costs relating to any inspection, surveillance and testing by the city necessary for final acceptance of any required public improvement. Costs of inspection, surveillance and testing shall be established in advance between the developer and the city upon the developer's request; 3. Streets. The subdivider shall pay 100 percent of the cost of streets within the boundaries of the subdivision; 4. Water improvements. The subdivider shall pay 100 percent of the cost of all water facilities constructed within the subdivision; 5. Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system installed within the subdivision; 6. Electric and communication. The subdivider shall pay 100 percent of the cost of installing electric lines with cost participation as provided in the current approved tariffs of the communication company serving the subdivision; 7. Street lighting. The subdivider shall pay 100 percent of the cost of street lighting apparatus. 8. Drainaee. The subdivider shall pay 100 percent of the cost of drainage implementation within the subdivision. D. To assure the installation of required public improvements which are not accepted at the time the final plat is filed, the subdivision agreement shall require the subdivider to guarantee the completion of all such improvements by one or more of the methods specified below. The means of a guarantee may be changed during the guarantee period through a written modification of the agreement. The amount of guarantee shall be determined on the basis of the subdivider's cost estimate. The guarantee shall remain in effect until final 11 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX acceptance of the required public improvements. The engineer's cost estimate shall state the estimated cost of completion for each required public improvement. Cost estimates for each required public improvement must be approved by the city manager. For purposes of establishing the amount necessary for the guarantee of completion of public improvements, a percentage for overrun allowance shall be added to the total estimated cost of public improvements as follows: Total Estimated Cost of Improvements Percentage of Overrun Allowance $0.00 to $500,000.00 20% $500,001.00 to $1,000,000.00 15% $1,000,001.00 and over 10% E. The subdivision agreement shall include one or more of the following methods to guarantee the construction of required public improvements: 1. Performance bond. The subdivider may elect to provide a surety bond from a company authorized to do business in the state. The bond shall be in an amount equal to the estimated cost of all required public improvements plus an overrun allowance as provided above. The bond shall be payable to the city in the event that any required public improvements are not finally accepted in accordance with the provisions of this subdivision agreement and shall be posted by no person other than the subdivider. 2. Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the estimated cost of all required public improvements, plus overrun allowances as provided above, either with the city or in escrow with a responsible financial institution authorized to do business in the state. In case of an escrow account, the subdivider shall file with the city an escrow agreement which includes the following terms: a. Funds of the escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any matter during that time other than payment for the improvements. The funds may be used for payment of improvements as made, except that the escrow holder shall withhold from disbursement so much of the funds as is estimated to be necessary to complete the construction and installation of such improvements, plus an overrun allowance as provided above. b. In the case of a failure on the part of the subdivider to complete any improvement within the required time period, the institution shall immediately make all funds in the account available to the city for use in the completion of those improvements. 3. Letter of credit. The subdivider may elect to provide from a bank or other responsible financial institution authorized to do such business in Alaska, an irrevocable letter of credit. Such letter shall be filed with the city and shall certify the following: a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost of all required public improvements plus overrun allowances as provided above for the completion of all such improvements; 12 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX b. That in case of failure on the part of the subdivider to complete any specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. (4) Special assessment district. The subdivider may elect to pay all required assessments levied against the property for the installation of public improvements. The city shall make every reasonable effort to obtain all grant moneys available for financing of the public improvements. (Ord. 443, 1977; Ord. 610, 1988; Ord. No. 2024-008, § 1, 5-13-2024) Section 10. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.020 Construction plans. A. Generally. The developer must submit construction plans for all proposed public improvements and associated private improvements and utilities within and outside the proposed development's boundary. B. Construction plan submittal. 1. Plan sets. Prior to submittal of the final plat, and before the start of any construction, the developer must furnish to the city complete sets of construction plans, profiles, details, and special construction provisions for all existing and proposed improvements. The administrative official must determine the number of plan sets to be submitted. Plan sets should be forwarded to the appropriate departments and other officials for review. 2. Engineer's stamp. Construction plans must be stamped by the professional engineer licensed in the State of Alaska who is responsible for the improvement designs. Multiple engineer stamps are required for plans with multiple discipline designs, e.g., civil, electrical, structural engineering C. Construction plan Details. 1. Size. All construction plans must be submitted on a minimum 11- by 17-inch sheets. The administrative official may approve alternative sheet sizes. 2. Information. The drawings must contain the following information: a. Name of subdivision. b. Type of work. c. Date. d. Name of engineer preparing the drawings and the engineer's stamp. e. Space for approval signature by the administrative official. 13 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX f. A north arrow and scale. 3. Scale. Horizontal scale must be one -inch equals 50 feet or greater. Vertical scale must be one -inch equals five feet or less with a minimum scale of one -inch equals ten feet. The administrative official may approve alternative scales. 4. Benchmarks. The locations, elevations, and description oLdatum of permanent benchmarks must be shown. 5. Street profiles. Profiles of streets must indicate finished and existing grades for centerline of the street and must extend a minimum of 150 feet beyond the limits of the proposed prokct orjfntersectinj an existing street, extend to the far side of the existing street. 6. Details to be included. Plans and profiles, where applicable, must include location, elevation, size, materials, and all other details of the proposed improvements. 7. Complete data. Complete survey data must be shown for all horizontal and vertical curves. 8. Location of utilities. Construction plans must include the location of all existing and proposed utilities. D. As -built drawings. The developer, upon completion of required improvements, must submit a reproducible and digital format copy of as -built plans. Section 11. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.025 Utility access. A. Public rights -of -ways or easements, together with the right of ingress and egress, must be provided where necessary for required public utilities. Where public rights -of -ways or easements are required, and approved for public water systems, sanitary sewers, electric facilities, or other similar public improvements, the following requirements apply: 1. Width. All utility access corridors must be accessible for maintenance and must have adequate space within the corridor to accomplish maintenance, excavation, and stockpiling of material. The minimum width for a public easement that does not abut a public right-of-way is ten feet, unless otherwise recommended by the commission or required by the platting authority. 2. Surface. Utility access corridors must be graded and compacted to provide a suitable surface for access and maintenance. 3. Restricted access. Where a utility access corridor adjoins a public street, the administrative official may require improvements to prevent access by the public. 14 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX B. The administrative official may require other utility and access easements to be shown on a plat. Those private easements are not dedicated to or maintained by the public and must be noted as such on the plat. C. A note must be added to the plat stating either (1) the purpose of the easement, the grantee of the easement, restrictions on the easement use, and whether the easement is permanent or temporary, or private or public; or (2) reference to a recorded instrument with the same information. Section 12. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.030. Water system. A. The connection to and provision of potable water is governed by this chapter and chapter 14.10. B. A developer of any subdivision or any new residential or commercial construction must install and connect the development to the public water system in accordance with the specifications established by the commission and affirmed by the city council. Each lot and each dwelling unit must be connected to the public water system. 1. Unless prohibited under this title, the commission may authorize an exception to a requirement of this section when either of the following is satisfied: a. The proposed subdivision or development is located more than 400 feet from an existing public water system; or b. Connection to the public water system would require the installation of a private service line exceeding 80 feet in length. 2. For the purposes of this section, distance is measured along the right-of-way or private drive -way in which the public water system or private service line would need to be installed, from the existing public water system to the nearest corner of the subject property, subdivision, or development. 3. The following alternative water supply systems may be approved, subject to all applicable state and federal requirements: a. Private well i. The lot area is no less than 40,000 square feet; ii. The applicant demonstrates legal and physical availability of adequate water supply 15 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX iii. The system complies with Alaska Department of Environmental Conservation requirements. b. Community well system c. Catchment or cistern system d. Surface water source approved by Alaska Department of Environmental Conservation. 4. A request for an exception must be submitted in writingand must include substantial evidence demonstrating that the criteria for the exception are met. The application must, fully describe the grounds for the request and the facts relied upon. Prior to submission to the commission, the waiver request will be reviewed and approved by Community Development staff and the Public Works Director for completeness and consistency with the intent of this section. The following must also be submitted with the application: a. The applicant must provide a report by a registered engineer or geologist that clearly supports the legal and physical availability of adequate water, and a copy of the state application for a permit to appropriate water in the quantity required to meet the subdivision and development demands. b. Water system must meet Alaska Department of Environmental Conservation requirements. c. Applicant must include a maintenance and monitoring plan. 5. Review Criteria. In determining whether to grant an exception, the commission shall find that: a. Special circumstances or conditions affecting the property have been shown; b. The exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; and c. Granting the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. 6. All exceptions associated with a subdivision must be granted at the time of preliminary plat approval. Exceptions may not be requested with a final plat submittal. 16 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX C. Fire protection requirements are based on whether the development is located within or outside the fire protection service area. All public water distribution systems must be sized and constructed to meet fire flow and hydrant requirements and provide the necessary fire flows for fire protection. All improvements must be constructed in accordance with the International Fire Code (IFC). Section 13. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.035 Sanitary system. A. The connection to and provision of sewajie disposal is zoverned by this chapter and chapter 14.20. B. Sanitary system required. A developer must provide an approved sanitary system for every subdivided lot. Each sanitary system must comply with all applicable local, state, and federal health and environmental laws. C. Public sewer connection. A developer of any subdivision or any new residential or commercial construction must install and connect to the public sewer system if the development is within 200 feet of the existinj public sewer system. If the development is more than 200 feet from the existinji public sewer system, then the developer must install and connect to a private wastewater system. If the development is more than 200 feet from the existinj' public sewer system and cannot satisfy the requirements of a private wastewater system, then the developer must connect to the public sewer system. For the purpose of this section, distance is measured as the radial distance from the closest sewer main to the nearest point of the boundary of the proposed subdivision or development. 1. All sewer systems shall be designed and constructed in substantial conformance with the current Municipality of Anchora2e code standards applicable to utility construction, as adopted and in effect at the time of application. a. The Public Works Director may approve deviations from such standards when strict compliance is impracticable due to documented site constraints, includin' topoj'raphy, environmental conditions, or existinj' development patterns D. Private wastewater system. If a proposed development is located at jreater distances from the existing public sewer system than specified above, unless the developer chooses to connect to the public system, then a private system is required. Either of the following acceptable private systems may be installed: 1. Community wastewater systems. Community wastewater systems, which have shared collection, treatment, and disposal; or cluster wastewater systems, which have individual on -site treatment with a shared collection and disposal system are acceptable if the following requirements are met: 17 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX a. The developer must provide a report and certification by a registered, qualified engineer licensed by the State of Alaska, which clearly shows that the proposed community or cluster wastewater system will operate satisfactorily, and how it will meet all other state and federal standards, to the satisfaction of the administrative official. b. The proposed wastewater system(s) must be approved by the Alaska Department of Environmental Conservation and any other agencies having jurisdiction. Proof of approval must be submitted to the department. 2. On -site wastewater systems. Wastewater systems, which have individual on -site treatment and individual on -site disposal, are acceptable if all the following requirements are met: a. The developer must provide a report and certification by a registered, qualified engineer or geologist licensed by the State of Alaska, which clearly shows one of the following: i. that thej,roposed lots are large enough and have existing soils of sufficient permeability to permit the construction of on -site wastewater treatment and disposal systems. ii. if adequate soil is not available onsite, the applicant can propose alternative methods for individual on -site wastewater systems. Alternative methods may include mound systems, marine outfalls, or other suitable wastewater systems. b. The proposed wastewater system must be approved by the Alaska Department of Environmental Conservation and any other agencies having jurisdiction. Proof of approval must be submitted to the department Section 14. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.040. Communication and Electricity system. A. The connection to and provision of electricity is koverned by this chapter and chapter 14.15, and by the standards and specifications of the Electric Utility. B. A developer of any subdivision or any new residential or commercial construction must install and connect the development to the public electricity system in accordance with Electric Utility design standards. C. All new communication and electric lines must be installed underground, unless found to be impractical by the commission and affirmed by the city council, and in accordance with the design, construction, and material standards of the Electric Utility. D. All new electric distribution lines and communication lines, including fiber, cable, and similar facilities, shall be located within the outer edge of the public right-of-way. 18 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX E. Conduit sizing, vault and transformer placement, service pedestals, secondary enclosures, and access clearances shall be subject to review and approval by the Electric Utility. Section 15. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.045 Drainage Plan A. Drainage systems required. The drainage plan and associated drainage facilities must be designed and constructed to prevent additional waterflow damage to neighboring properties. The developer must install all on and off -site improvements depicted in the drainage plan. B. Drainage Plan required. The developer must provide a total surface drainage plan, prepared by a civil engineer licensed to practice in the State of Alaska with the preliminary plat application. The plan must show all drainage facilities, and must include: 1. The calculated increase in stormwater runoff resulting from the proposed development as well as the runoff from the total drainage area(s) associated with the site. Runoff calculation must be based on a fully developed subdivision and a 25- year storm event. 2. An evaluation of existing drainage ways and structures located between the development and the receiving water body must verify that the existing drainage ways can accommodate the increased runoff. 3. All public and any required private drainage facilities. 4. A demonstration of how drainage from the proposed subdivision will outlet into an established drainage channel, unless the administrative official approves an alternative drainage way. 5. The drainage plan must demonstrate that the drainage from the new subdivision will not be detrimental to the public welfare or injurious to other property in the area in which the subdivision is situated. C. Construction timing. Any drainage improvements required by this section must be constructed prior to or at the same time as the completion of any street construction. A certificate of occupancy may not be issued until the drainage improvements are completely constructed and functional. Section 16. Seward City Code Chapter 16.05 Improvements is hereby amended by enacting a new section to read as follows (new language is in bolded italics and underlined): 16.05.050. Streets and Street lighting. 19 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX A. Street standards. The developer must construct streets to the following standards. All streets located within a subdivision subject to the requirements of this title must be not less than 60 feet in width and must be a paved -surfaced according to city specifications. 1. Blocks shall be designed to provide reasonable connectivity and shall generally not exceed 800 feet in length. Longer blocks may be approved where necessary due to topography, environmental constraints, or existing- development patterns. Where blocks exceed 800 feet, pedestrian access connections may be required to maintain walkability. 2. Permanent cul-de-sac streets are prohibited. Dead-end streets may be approved only when designed as stub streets intended for future extension to adjoining properties, unless future extension is not feasible based on documented physical or legal constraints. Approved dead-end streets shall include a turnaround meeting city standards. 3. Public streets shall include pedestrian facilities located outside the vehicular travel lane. All pedestrian facilities must by a minimum of five feet wide. 4. The paved roadway section shall be symmetrically located about the centerline of the dedicated right-of-way, unless an alternative alignment is approved by the Public Works Director due to site constraints, existing improvements, or adopted street design standards. 5. All public streets shall be designed and constructed in substantial conformance with the current Kenai Peninsula Borough municipal code standards applicable to street construction, as adopted and in effect at the time of application. a. The Public Works Director may approve deviations from such standards when strict compliance is impracticable due to documented site constraints, including topography, environmental conditions, or existing development patterns B. Street lighting. Public streets shall be illuminated to provide safe and adequate visibility for vehicular and pedestrian travel while balancing community expectations, dark -sky preservation, energy efficiency, and long-term operational costs. Street lighting must be installed in accordance with the requirements of the city. 1. Street lighting systems shall be designed in conformance with the most current roadway lighting guidelines published by the Illuminating Engineering Society (IES), or equivalent nationally recognized standard approved by the City. 2. Intersections and required pedestrian facilities, including sidewalks, crosswalks, and shared -use paths, shall be illuminated. 3. Lighting intensity, spacing., and configuration shall be determined based on roadway classification, traffic volumes, and pedestrian activity. 4. All street lighting- fixtures shall be directional LED units or equivalent energy - efficient technology approved by the City. 20 CITY OF SEWARD, ALASKA ORDINANCE 2026-XXX S. Fixtures shall provide downward illumination with controlled distribution patterns to minimize glare, light trespass, and skyglow. 6. Final approval of street lighting layout, fixture type, pole height, and spacing shall be granted by the Electric Utility prior to construction. Section 17. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the day of 2026. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: NOES: AB SENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 21 Block length examples in Seward, Alaska Block length examples in Seward, Alaska 0 0- a 00' ,omnanna,� 0 0 00000« »ennao 0 0 o0 0 0. CI000\ 23