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HomeMy WebLinkAboutOrd1977-443 1.0/6/77 RHJ 10/14/77 ijes e In_oduced By: Introduction Date: Public Hearing and Enactment: J. Gillespie 10-19-77 Rev. 11-28-77 CITY OF SEWARD, ALASKA ORDINANCE NO. 443 AN ORDINANCE ESTABLISHING REQUIRED IMPROVEMENTS WITHIN SUBDIVISIONS LOCATED WITHIN THE CITY LIMITS OF SEWARD, ALASKA THE CITY OF SEWARD, ALASKA, ORDAINS: 1. There is hereby enacted a new Chapter 23 of the Code of Ordinances of the City of Seward, Alaska, to read as follows: Sec. 23-1. Conditions to Plat Approval. No preliminary or final Plat for the subdivision or re- subdivision of land located within the City limits of the City of Seward, Alaska, shall be approved by the City unless all of the required improvements set forth in Sec. 23-5 are provided for by the subdivider, owner, proprietor or developer in the manner described in Sec. 24-6. . Sec. 23-2. Conveyances Restricted in Present Sub- di visions. Except as provided in Sec. 23-4, no owner of record as of October 1, 1977, of undeveloped lots located within an area covered by a valid Plat recorded prior to the effective date of this Ordinance shall convey any such lots to any other person unless he first provides for such lots the public improvements required by Sec. 23-5 in the manner described in Sec. 23-6. Sec. 23-3. Building Permits Restricted. No build- ing 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 the effective date of this Ordinance until the owner thereof has provided for such lots the public improvements required by Sec. 23-5 in the manner described in Sec. 23 -6. Sec. 23-4. Exceptions. The restrictions set forth in Sec. 23-2 and 23 -3 are modified as follows: . (a) Where the subdivider, owner, pro- prietor or developer owns not more than six un- developed lots located within an area covered by a valid Plat recorded prior to the effective date of this Ordinance, the restrictions of Sec. 23-2 and 23-3 shall not apply. . . . Ordinance No. 443 Page Two e e (b) 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 res- trictions of Sec. 23-2 and 23-3 shall not apply to such conveyances; however, all such restrictions shall apply to the transferee of such lots. (c) 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 Manager certifies that the City cannot provide access to a particular public im- provement required by Sec. 23 -5 within six months after receipt of notice of such intent, the subdivider, owner, proprietor or developer shall not be required to pro- vide 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. Sec. 23-5. Required Public Improvements. The term "Required Public Improvements" shall mean the following: (a) Streets. All streets located within a subdivision subject to the requirements of Chapter 2 of the Code of Ordinance of the City of Seward, Alaska, shall be not less than fifty (50) feet in width and shall be gravel surfaced according to City specifications. (b) Telephone and Electric Lines. All new telephone and electric lines shall be installed under- ground, unless found to be impractical by the City Planning and Zoning Commission and affirmed by the City Council, and in accordance with specifications of the appropriate utility companies and the City. (c) Water System. Where the City water system will service the area covered by the Plat or proposed Plat, the subdivider shall provide said water system in accordance with the specifications established by the City Planning and Zoning Commission and affirmed by the City Council. Fire hydrants shall be provided to standards established by the American Waterworks Association and of a brand specified by the City. The subdivider shall not be required to drill individual wells. (d) Sewer System. Where the City sewer system will service the area covered by the Plat or proposed Plat, the subdivider shall provide said sewer system in compliance with all applicable State and Federal health and environmental laws and regulations. . . . e e Ordinance No. 443 Page Three (e) Street Lighting. Street lighting shall be installed in accordance with the requirements of the City. Sec. 23 -6. Compliance Procedure. (a) The subdivider, owner, proprieter, or developer is deemed to have satisfied the requirements of this chapter when he has entered into a 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 com- plete 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 Sub- division Agreement shall delineate: (a) The construction and inspection requirements of the appropriate governmental agency or City department concerning the re- quired improvements (b) The time schedule for completion of required improvements (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 (3) years of the date of execution of the Agreement, except if a Special Assessment District has been formed, improvements will be installed when a sufficient demand is made of the City. . . . e e Ordinance No. 443 Page Four (c) The Subdivision Agreement shall provide for the apportionment of the costs of required public improve- ments 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 paragraph (d) below. (2) Inspection, Surveillance and Testing. The subdivider shall pay 100 percent of all costs relating to any inspection, surveillance and test- ing by the City necessary for final acceptance of any required public improvement. Costs of inspec- tion, 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 bound- aries 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 in- stalled within the subdivision. (6) Electric Utility. 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 telephone company serving the subdivision. (7) Street Lighting. The subdivider shall pay 100 percent of the cost of street lighting apparatus. (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 improve- ments 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 acceptance of the required public improvements. The engineer's cost estimate shall . . . , e e Ordinance No, 443 Page Five 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 over-run allowance shall be added to the total estimated cost of public improvements as follows: Total Estimated Cost of Improvements Percentage of Over-Run Allowance $0 to $500,000 $500,001 to $1,000,000 $1,000,001 and over 20% 15% 10% (e) The Subdivision Agreement shall include one or more of the following methods to guarantee the con- struction 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 of Alaska. The bond shall be in an amount equal to the esti- mated cost of all required public improvements plus an over-run 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 the 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 es- timated cost of all required public improvements plus over-run allowances as provided above, either with the City or in escrow with a responsible financial institution authorized to do business in the State of Alaska. In case of an escrow account, the subdivider shall file with the City an escrow agreement which includes the following terms: (a) Funds of said 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 said funds as is estimated as is being necessary to com- plete the construction and installation of such improvements, plus an over-run allowance as provided above. . . . - e Ordinance No. 443 Page Six (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 said 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 improve- ments plus over-run allowances as provided above for the completion of all such improve- ments. (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 sub- divider may elect to pay all required assessments levied against the property for the installation of public improvements. The City shall make every reason- able effort to obtain all grant monies available for financing of the public improvements. Sec. 23-7. Definitions. (a) "Lot" shall mean a measured portion of a parcel or tract of land which is described and fixed on a Plat for record. (b) "Parcel" shall mean an unsubdivided plot of land. (c) "Plat" shall mean a map or chart of a surveyed subdivision of land. (d) "Person" shall mean a natural person, firm, association, partnership, corporation, governmental unit or combination of any of these entities. . . . Ordinance No. 443 Page Seven e e (e) "Resubdivision" shall mean the redelineation of an existing lot, block or tract of a previously recorded subdivision involving the change of property lines and/or, after vacation, the altering of dedicated streets, easements or public areas. (f) "Street" shall mean a right-of-way which pro- vides for vehicular and pedestrian access to abutting properties. (g) "Subdivider, owner, proprietor or developer" shall mean a person, firm, association, partnership, corpora- tion, governmental unit or combination of any of these which may hold any legal or equitable ownership interest in land being subdivided or which has been subdivided. The term shall also include all heirs, assigns, successors in interest, representatives or personal representatives of the subdivider, owner, proprietor or developer. (h) "Subdivision" shall mean the division of a tract or parcel of land into two or more lots, sites, or other divisions for the purpose, whether immediate or future, of sale, lease or building development, including any re- subdivision and, when appropriate to the context, the process of subdividing of the land subdivided. (i) "Undeveloped lot" shall mean a lot on which no permanent dwelling unit or commercial structure is presently located and for which no building permit for the construction of a permanent dwelling unit or commercial structure has been requested as of October 1, 1977. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28th day of November, 1977. CITY OF SEWARD, ALASKA (i ----./ L. Hugli AYES: NOES: ABSENT: GILLESPIE, HUGLI, LEER AND MOTT NONE CAMPBELL, POTTS AND VINCENT APPROVED AS TO FORM: ATTEST: e~ City Clerk-Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska ~,,( J){) ~N\ -4 ,{ , Ranald H. Jarrel ' , (City Seal)