A. Further the orderly layout and use of land; to provide for the safety, health and welfare of the citizens of the Haines Borough who are landowners, their neighbors, and citizens who purchase land in the future; to secure safety from fire and other dangers; to provide adequate light and air; to prevent the overcrowding of the land through the regulation of planning, including provisions for road, trails and utility easements, public facilities, dedications, vacations, plat review, survey monumentation, variances, appeals and penalties; to facilitate the further subdivision of larger tracts into smaller parcels of land; and to facilitate the adjustment of property boundaries;

B. Guide the growth of the community in accordance with the service area goals;

C. Establish reasonable procedures for the subdivision of land, and assure the proper legal description and monumentation of subdivided land;

D. Prevent pollution, safeguard the water supply and encourage the wise management and use of natural resources. (Ord. 09-03-201 § 4)

A. Subdivision Defined. “Subdivision” means a division of a tract or parcel of land into two or more lots, sites, or other divisions and includes re-subdivisions and, when appropriate to the context, relates to the process of subdividing or to the land or areas subdivided.

B. Lot Line Adjustment Defined. “Lot line adjustment” is defined as the shifting of a property line that does not result in:

C. Lot Consolidation Defined. “Lot consolidation,” also referred to as “lot line vacation,” is the elimination of a lot line or lines that divide multiple lots and results in the consolidation of multiple lots into fewer lots or one lot.

A. The provisions of this chapter shall not apply to transfers of interest in land pursuant to court order.

B. The manager shall have the authority to waive the surveying requirement for a lot consolidation if it is determined that the surveyor can prepare plat documents from accurate and current data for the properties being consolidated.

C. HBC 18.100.020(B) and (C) do not apply to the following:

All lot line adjustments involving nonconforming lots shall be reviewed and approved by the planning commission. (Ord. 15-09-420 § 4; Ord. 15-04-409 § 4; Ord. 09-03-201 § 4)

A. Subdivisions of a single lot into not more than four lots, which has not been part of a short plat within the previous five years.

B. The requirements of HBC 18.100.070 through 18.100.095 shall apply.

C. Lot line adjustments and lot consolidations meet all of the criteria of HBC 18.100.020.

D. If the plat meets the criteria of subsections (A) through (C) of this section and contains a dedication or vacation of a street right-of-way or other area, the short plat procedure may apply upon approval by the manager with an additional requirement of planning commission approval of the plat. (Ord. 10-11-247 § 4; Ord. 09-03-201 § 4)

A. The applicant and/or surveyor shall submit an application, fee, and short plat in an electronic file format compatible with borough software that meets the requirements of HBC 18.100.105 with the exception of the signatures to the borough prior to submitting the mylar print of the final plat.

B. Upon notification of plat approval, the applicant shall construct or provide the appropriate guarantees for the construction of improvements per HBC 18.100.125 as required by the manager.

C. The applicant shall submit a mylar print of the approved short plat with all of the required signatures except borough officials. The chair, after approval by the manager of the short plat, shall, on behalf of the planning commission, sign the plat upon the determination that the subdivision and plat meet all the requirements of this chapter. The plat shall be filed in the Haines district recorder’s office by the manager. The borough shall keep an electronic file of the plat. (Ord. 10-11-247 § 4; Ord. 09-03-201 § 4)

A. Planning Commission Review. Before submitting a final plat for approval for recording under AS 40.15, as amended from time to time, and HBC 18.100.112, and unless following the procedures of HBC 18.100.030 and 18.100.035, the subdivider shall submit a preliminary plat prepared by a registered land surveyor to the commission at 20 percent to 35 percent completion in order that general agreement may be reached on layout and arrangement of streets and lots and other public utilities before a final plat is prepared. A 100 percent complete preliminary plat must be submitted to the planning commission for review and approval before any construction begins. Any subsequent changes to the approved preliminary plat must be preapproved in writing by the borough manager. Substantial changes, such as changes to the alignment and grade of roads, changes to water and sewer lines, changes to lot size, or any changes that will cause future expense to the borough, must be approved by the planning commission.

B. Planning Commission Action. The commission shall process preliminary plats pursuant to the standards set forth for special conditions permits and the standards set forth in this chapter.

C. Engineering Standards. The preliminary plat shall be drawn with waterproof nonfading black ink or legibly drawn with pencil on tracing cloth, or tracing paper of good quality, measuring 24 inches by 36 inches, at a scale of either 40, 50, 60 or 100 feet to an inch, scaled appropriately for the size of the property being platted, and shall show accurately on its face:

D. Approval of Preliminary Plat. The completed application for approval of the preliminary plat shall be submitted to the manager and placed on the agenda for the next planning commission meeting. Approval of properly prepared preliminary plats shall occur no later than 30 days after submission to the commission. If the commission does not approve of the plat within 30 days of filing, they shall return the plat to the applicant for modification or correction. Once properly resubmitted with all required information, the commission shall again have 30 days for review and decision. An applicant for plat approval may consent to an extension of the period for action by the commission. Any reason for disapproval shall be so stated upon the records of the commission and provided to the applicant.

E. Forwarding of Approved Preliminary Plat. Upon commission approval of a properly submitted preliminary plat, the applicant shall follow the final plat procedures below.

F. Action Following Approval of Preliminary Plat. Upon approval of the preliminary plat, the applicant may undertake certain activities prior to approval of the final plat. These activities are:

G. Nullification of Preliminary Plat Approval. Preliminary plat approval shall become nullified if the applicant has not begun surveying and monumenting the lot lines for subdividing the parcel within 24 months of the approval of the preliminary plat. (Ord. 12-04-284 § 4; Ord. 08-06-184)

A. The provisions of AS 40.15, and AS 29.40, as amended from time to time and all other relevant laws and regulations.

B. All applicable ordinances of the borough.

C. The comprehensive plan of the borough.

D. The regulations of the State Department of Transportation and Public Facilities relating to safety of access and the preservation of the public interest and investment in streets and highways if the subdivision of any lot contained therein abuts on a state highway.

E. The requirement that approvable building sites exist on each proposed lot, as defined within this title, except for lots specifically set aside and dedicated (1) as hazardous slope setbacks, (2) as special drainage easements, and/or (3) as open space and greenbelts. Where regulated, proposed new land development activities in new subdivisions which lie within the borough must conform to special hazardous area management requirements (See HBC 18.60.010(T)), and must ensure that the water quality of streams and major drainages is maintained and that they are not obstructed without adequate mitigation.

F. Block and Lot Designation. Within any new multi-phased subdivision, block designations shall not be repeated from phase to phase, but shall continue sequentially from one phase to the next (i.e., if Block C is the last block in Phase I, the first block in Phase II would be Block D). Preferably, blocks shall be designated by a letter of the alphabet beginning with A and lots by numbers, beginning with one.

G. Subdivision Name. A new subdivision name shall not be so similar to the name of any existing subdivision so as to cause confusion.

H. Access and Buffers. All lots must be guaranteed a public access easement of at least but not limited to five feet in width. It is recommended that subdividers establish public access easements along property lines that follow natural corridors. All streams and watercourses used to provide DEC-approved domestic water shall be protected by a 25-foot buffer on each side, measured from the stream bank. (Ord. 18-04-494 § 8)

A. Right Angle. Streets shall intersect as nearly as possible at right angles and not more than two streets shall intersect at one point unless approval is granted by the commission.

B. Rounded. Property lines at street intersections shall be rounded with a radius of at least 15 feet.

C. Jogs. Street jogs with center line offsets of less than 125 feet shall be avoided. Where streets intersect major streets, their alignment shall be continuous.

A. In General. The size, shape and orientation of lots shall be appropriate for the location and physical attributes of the subdivision and for the type of development contemplated.

B. Lot Dimensions/Size.

C. Corner Lots. Corner lots should be designed to permit a setback on all lot lines abutting streets as required by the zoning ordinance.

D. Access to Public Streets. Every lot shall front or abut on a dedicated public right-of-way with the exception of subdivisions or lots that are in roadless areas of the borough and accessed solely from a navigable water body, in which case all lots shall be accessible from the navigable water body or via a dedicated access easement from the water body. Lots with an access only to private drives shall not be permitted unless a permanent easement has been granted and properly recorded. No lots shall access an alley as the means of access to public streets.

E. Lots at Right Angles. Lots at right angles to each other should be avoided wherever possible, especially in residential areas.

F. Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.

G. Large Lots. Where lots are created of a size larger than normal for the area, the commission shall require that the plat be so designated as to allow for the possible future re-subdivision of such lots into sizes normal for the area.

H. Small Lots. Where lots are created that are less than 20,000 square feet in area, the commission shall require that the plat be so designated as to not allow for re-subdivision of such lots.

I. Municipal Boundaries. Lots shall follow municipal boundary lines wherever practicable, rather than cross them.

J. Multiple Frontages. Lots abutting a street on more than one side shall be avoided except where necessary to provide separation of residential development from traffic or to overcome specific disadvantages of topography and orientation. (Ord. 10-11-247 § 4)

A. Existing Structures. Where structures exist on a property that is to be subdivided, any structure within 20 feet of any lot line must be shown on the plat and an accurate indication of the distance of each structure to all lot lines shall be shown.

B. Existing Utilities. Where utilities exist on a property that is to be subdivided, they must be accurately shown on the plat. Utilities include water wells, on-site wastewater systems, domestic water and sewer lines, electric power lines, telephone and TV cables.

A. Utilities.

B. Streets. The subdivider shall, prior to final plat approval, at the subdivider’s own expense and in accordance with the approved preliminary plat and borough specifications, along all dedicated streets, including existing half-streets, construct all required roads to meet or exceed the road standards in HBC 12.08.030 through 12.08.190.

C. Monuments. All exterior corners and street intersections of the subdivision shall be marked by permanent monuments set in the ground. All individual lots shall have their perimeter corners staked. If the plat corner or a lot corner is identical with a plat corner or lot corner of a U.S. Survey, a U.S. Mineral Survey, or an Alaska Tidelands Survey, the primary monument of such survey shall be shown on the plat, or reestablished and shown if not found. (Ord. 15-10-423 § 5; Ord. 13-12-359 § 4; Ord. 09-01-197)

A. Design Consideration. In the design of the plat, consideration shall be given to the adequate provision of and correlation with such public sites or open spaces.

B. Reservation May Be Required. Where it is determined by the commission that a portion of the plat is required for such public sites or open spaces, the subdivider shall be required to reserve such area for a period not to exceed five years, after which the borough shall either acquire the property or release the reservation.

A. The following information must be included on any final subdivision or final short plat mylar submitted to the borough for approval and forwarding to the Haines district recorder’s office for filing. One mylar must be submitted measuring 24 inches by 36 inches at a scale of either 40, 50, 60 or 100 feet to an inch, or scaled appropriately for the size of the property being platted. The plat shall show accurately on its face the following:

A. When the plat of the subdivision is approved and recorded, all streets, alleys, thoroughfares, easements, parks and other public areas shown on the plat are deemed to have been dedicated to public use.

B. The planning commission may accept property for dedication to public use and advancement of the public welfare, outside the process of approving a subdivision.

C. The commission shall hold a public hearing on the proposed dedication. Property owners adjacent to the proposed dedication shall be notified of the public hearing at least 30 days in advance of the hearing. Notice of the hearing shall also be posted in a conspicuous place in the borough 30 days in advance of the hearing.

D. A plat of dedication shall contain a short narrative explaining the purpose of the dedication, a full legal description, a map to scale showing the linear dimensions of the property to be dedicated, and shall contain the donor’s certificate of dedication to public use and the commission’s acceptance, and shall be submitted for recording at the district recorder’s office. No public right-of-way accepted by the planning commission shall be maintained by the borough unless approved by the borough assembly.

A. Performance and Payment Bond. The developer may furnish and file with the borough a corporate surety bond or cash bond to provide performance and payment bonding equal to the 120 percent of the estimated cost of the improvements to assure the actual construction of such improvements. In cases where the developer chooses to furnish a cash bond, such funds shall be deposited in an interest-bearing account by the borough, with any interest accrued to be refunded to the developer upon refund of the bond.

B. Re-Conveyance Agreement. The developer may convey to the borough a lot or lots, the value of which is equal to, or greater than, 120 percent of the estimated costs of improvements. The property to be conveyed must be marketable property adjacent to both an improved public street and installed public utilities or DEC-approved utilities. The conveyance shall be accompanied by a policy of title insurance showing title in the borough, free and clear of liens and encumbrances, naming the borough as the insured and a re-conveyance agreement containing the terms of re-conveyance of the lots to the developer after completion of the improvements. The borough assessor shall determine the value of the property. All submittals must be approved as to form by the borough attorney. The developer shall pay all legal review and document preparation costs, as well as title report, recording fees and any other fees associated with a re-conveyance agreement; provided, that work performed by borough staff is paid by the administrative fee established in this section. Re-conveyance will occur after the borough certifies that all improvements have been satisfactorily completed within the required time period, or any extensions thereto.

C. Maintenance Bond.

D. Default. In the event the subdivider defaults or fails or neglects to satisfactorily install the required improvements within the agreed-upon time or to repair and maintain the required improvements during the warranty period, the borough assembly may declare the bond or other guarantee forfeited, and the borough may install or contract to have installed the required improvements or perform or contract to have performed the required maintenance, using the proceeds from the collection of the bond, deposit or other guarantee to defray the expense thereof.

E. Acceptance and Release of Surety. The release of financial guarantees shall utilize the following procedures:

A. An application for the vacation of section line easements and state recognized RS-2477 easements, also referred to as rights-of-way, acquired under former 43 U.S.C. 932, along with a $100.00 nonrefundable filing fee, shall contain the following:

B. Public notice will follow provisions set forth under HBC 18.30.020.

C. The planning commission shall hold a public hearing on the requested vacation. The planning commission shall make its recommendation to the Alaska Department of Natural Resources in the form of approved meeting minutes. (Ord. 19-02-523 § 6)

A. Further the orderly layout and use of land; to provide for the safety, health and welfare of the citizens of the Haines Borough who are landowners, their neighbors, and citizens who purchase land in the future; to secure safety from fire and other dangers; to provide adequate light and air; to prevent the overcrowding of the land through the regulation of planning, including provisions for road, trails and utility easements, public facilities, dedications, vacations, plat review, survey monumentation, variances, appeals and penalties; to facilitate the further subdivision of larger tracts into smaller parcels of land; and to facilitate the adjustment of property boundaries;

B. Guide the growth of the community in accordance with the service area goals;

C. Establish reasonable procedures for the subdivision of land, and assure the proper legal description and monumentation of subdivided land;

D. Prevent pollution, safeguard the water supply and encourage the wise management and use of natural resources. (Ord. 09-03-201 § 4)

A. Subdivision Defined. “Subdivision” means a division of a tract or parcel of land into two or more lots, sites, or other divisions and includes re-subdivisions and, when appropriate to the context, relates to the process of subdividing or to the land or areas subdivided.

B. Lot Line Adjustment Defined. “Lot line adjustment” is defined as the shifting of a property line that does not result in:

C. Lot Consolidation Defined. “Lot consolidation,” also referred to as “lot line vacation,” is the elimination of a lot line or lines that divide multiple lots and results in the consolidation of multiple lots into fewer lots or one lot.

A. The provisions of this chapter shall not apply to transfers of interest in land pursuant to court order.

B. The manager shall have the authority to waive the surveying requirement for a lot consolidation if it is determined that the surveyor can prepare plat documents from accurate and current data for the properties being consolidated.

C. HBC 18.100.020(B) and (C) do not apply to the following:

All lot line adjustments involving nonconforming lots shall be reviewed and approved by the planning commission. (Ord. 15-09-420 § 4; Ord. 15-04-409 § 4; Ord. 09-03-201 § 4)

A. Subdivisions of a single lot into not more than four lots, which has not been part of a short plat within the previous five years.

B. The requirements of HBC 18.100.070 through 18.100.095 shall apply.

C. Lot line adjustments and lot consolidations meet all of the criteria of HBC 18.100.020.

D. If the plat meets the criteria of subsections (A) through (C) of this section and contains a dedication or vacation of a street right-of-way or other area, the short plat procedure may apply upon approval by the manager with an additional requirement of planning commission approval of the plat. (Ord. 10-11-247 § 4; Ord. 09-03-201 § 4)

A. The applicant and/or surveyor shall submit an application, fee, and short plat in an electronic file format compatible with borough software that meets the requirements of HBC 18.100.105 with the exception of the signatures to the borough prior to submitting the mylar print of the final plat.

B. Upon notification of plat approval, the applicant shall construct or provide the appropriate guarantees for the construction of improvements per HBC 18.100.125 as required by the manager.

C. The applicant shall submit a mylar print of the approved short plat with all of the required signatures except borough officials. The chair, after approval by the manager of the short plat, shall, on behalf of the planning commission, sign the plat upon the determination that the subdivision and plat meet all the requirements of this chapter. The plat shall be filed in the Haines district recorder’s office by the manager. The borough shall keep an electronic file of the plat. (Ord. 10-11-247 § 4; Ord. 09-03-201 § 4)

A. Planning Commission Review. Before submitting a final plat for approval for recording under AS 40.15, as amended from time to time, and HBC 18.100.112, and unless following the procedures of HBC 18.100.030 and 18.100.035, the subdivider shall submit a preliminary plat prepared by a registered land surveyor to the commission at 20 percent to 35 percent completion in order that general agreement may be reached on layout and arrangement of streets and lots and other public utilities before a final plat is prepared. A 100 percent complete preliminary plat must be submitted to the planning commission for review and approval before any construction begins. Any subsequent changes to the approved preliminary plat must be preapproved in writing by the borough manager. Substantial changes, such as changes to the alignment and grade of roads, changes to water and sewer lines, changes to lot size, or any changes that will cause future expense to the borough, must be approved by the planning commission.

B. Planning Commission Action. The commission shall process preliminary plats pursuant to the standards set forth for special conditions permits and the standards set forth in this chapter.

C. Engineering Standards. The preliminary plat shall be drawn with waterproof nonfading black ink or legibly drawn with pencil on tracing cloth, or tracing paper of good quality, measuring 24 inches by 36 inches, at a scale of either 40, 50, 60 or 100 feet to an inch, scaled appropriately for the size of the property being platted, and shall show accurately on its face:

D. Approval of Preliminary Plat. The completed application for approval of the preliminary plat shall be submitted to the manager and placed on the agenda for the next planning commission meeting. Approval of properly prepared preliminary plats shall occur no later than 30 days after submission to the commission. If the commission does not approve of the plat within 30 days of filing, they shall return the plat to the applicant for modification or correction. Once properly resubmitted with all required information, the commission shall again have 30 days for review and decision. An applicant for plat approval may consent to an extension of the period for action by the commission. Any reason for disapproval shall be so stated upon the records of the commission and provided to the applicant.

E. Forwarding of Approved Preliminary Plat. Upon commission approval of a properly submitted preliminary plat, the applicant shall follow the final plat procedures below.

F. Action Following Approval of Preliminary Plat. Upon approval of the preliminary plat, the applicant may undertake certain activities prior to approval of the final plat. These activities are:

G. Nullification of Preliminary Plat Approval. Preliminary plat approval shall become nullified if the applicant has not begun surveying and monumenting the lot lines for subdividing the parcel within 24 months of the approval of the preliminary plat. (Ord. 12-04-284 § 4; Ord. 08-06-184)

A. The provisions of AS 40.15, and AS 29.40, as amended from time to time and all other relevant laws and regulations.

B. All applicable ordinances of the borough.

C. The comprehensive plan of the borough.

D. The regulations of the State Department of Transportation and Public Facilities relating to safety of access and the preservation of the public interest and investment in streets and highways if the subdivision of any lot contained therein abuts on a state highway.

E. The requirement that approvable building sites exist on each proposed lot, as defined within this title, except for lots specifically set aside and dedicated (1) as hazardous slope setbacks, (2) as special drainage easements, and/or (3) as open space and greenbelts. Where regulated, proposed new land development activities in new subdivisions which lie within the borough must conform to special hazardous area management requirements (See HBC 18.60.010(T)), and must ensure that the water quality of streams and major drainages is maintained and that they are not obstructed without adequate mitigation.

F. Block and Lot Designation. Within any new multi-phased subdivision, block designations shall not be repeated from phase to phase, but shall continue sequentially from one phase to the next (i.e., if Block C is the last block in Phase I, the first block in Phase II would be Block D). Preferably, blocks shall be designated by a letter of the alphabet beginning with A and lots by numbers, beginning with one.

G. Subdivision Name. A new subdivision name shall not be so similar to the name of any existing subdivision so as to cause confusion.

H. Access and Buffers. All lots must be guaranteed a public access easement of at least but not limited to five feet in width. It is recommended that subdividers establish public access easements along property lines that follow natural corridors. All streams and watercourses used to provide DEC-approved domestic water shall be protected by a 25-foot buffer on each side, measured from the stream bank. (Ord. 18-04-494 § 8)

A. Right Angle. Streets shall intersect as nearly as possible at right angles and not more than two streets shall intersect at one point unless approval is granted by the commission.

B. Rounded. Property lines at street intersections shall be rounded with a radius of at least 15 feet.

C. Jogs. Street jogs with center line offsets of less than 125 feet shall be avoided. Where streets intersect major streets, their alignment shall be continuous.

A. In General. The size, shape and orientation of lots shall be appropriate for the location and physical attributes of the subdivision and for the type of development contemplated.

B. Lot Dimensions/Size.

C. Corner Lots. Corner lots should be designed to permit a setback on all lot lines abutting streets as required by the zoning ordinance.

D. Access to Public Streets. Every lot shall front or abut on a dedicated public right-of-way with the exception of subdivisions or lots that are in roadless areas of the borough and accessed solely from a navigable water body, in which case all lots shall be accessible from the navigable water body or via a dedicated access easement from the water body. Lots with an access only to private drives shall not be permitted unless a permanent easement has been granted and properly recorded. No lots shall access an alley as the means of access to public streets.

E. Lots at Right Angles. Lots at right angles to each other should be avoided wherever possible, especially in residential areas.

F. Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.

G. Large Lots. Where lots are created of a size larger than normal for the area, the commission shall require that the plat be so designated as to allow for the possible future re-subdivision of such lots into sizes normal for the area.

H. Small Lots. Where lots are created that are less than 20,000 square feet in area, the commission shall require that the plat be so designated as to not allow for re-subdivision of such lots.

I. Municipal Boundaries. Lots shall follow municipal boundary lines wherever practicable, rather than cross them.

J. Multiple Frontages. Lots abutting a street on more than one side shall be avoided except where necessary to provide separation of residential development from traffic or to overcome specific disadvantages of topography and orientation. (Ord. 10-11-247 § 4)

A. Existing Structures. Where structures exist on a property that is to be subdivided, any structure within 20 feet of any lot line must be shown on the plat and an accurate indication of the distance of each structure to all lot lines shall be shown.

B. Existing Utilities. Where utilities exist on a property that is to be subdivided, they must be accurately shown on the plat. Utilities include water wells, on-site wastewater systems, domestic water and sewer lines, electric power lines, telephone and TV cables.

A. Utilities.

B. Streets. The subdivider shall, prior to final plat approval, at the subdivider’s own expense and in accordance with the approved preliminary plat and borough specifications, along all dedicated streets, including existing half-streets, construct all required roads to meet or exceed the road standards in HBC 12.08.030 through 12.08.190.

C. Monuments. All exterior corners and street intersections of the subdivision shall be marked by permanent monuments set in the ground. All individual lots shall have their perimeter corners staked. If the plat corner or a lot corner is identical with a plat corner or lot corner of a U.S. Survey, a U.S. Mineral Survey, or an Alaska Tidelands Survey, the primary monument of such survey shall be shown on the plat, or reestablished and shown if not found. (Ord. 15-10-423 § 5; Ord. 13-12-359 § 4; Ord. 09-01-197)

A. Design Consideration. In the design of the plat, consideration shall be given to the adequate provision of and correlation with such public sites or open spaces.

B. Reservation May Be Required. Where it is determined by the commission that a portion of the plat is required for such public sites or open spaces, the subdivider shall be required to reserve such area for a period not to exceed five years, after which the borough shall either acquire the property or release the reservation.

A. The following information must be included on any final subdivision or final short plat mylar submitted to the borough for approval and forwarding to the Haines district recorder’s office for filing. One mylar must be submitted measuring 24 inches by 36 inches at a scale of either 40, 50, 60 or 100 feet to an inch, or scaled appropriately for the size of the property being platted. The plat shall show accurately on its face the following:

A. When the plat of the subdivision is approved and recorded, all streets, alleys, thoroughfares, easements, parks and other public areas shown on the plat are deemed to have been dedicated to public use.

B. The planning commission may accept property for dedication to public use and advancement of the public welfare, outside the process of approving a subdivision.

C. The commission shall hold a public hearing on the proposed dedication. Property owners adjacent to the proposed dedication shall be notified of the public hearing at least 30 days in advance of the hearing. Notice of the hearing shall also be posted in a conspicuous place in the borough 30 days in advance of the hearing.

D. A plat of dedication shall contain a short narrative explaining the purpose of the dedication, a full legal description, a map to scale showing the linear dimensions of the property to be dedicated, and shall contain the donor’s certificate of dedication to public use and the commission’s acceptance, and shall be submitted for recording at the district recorder’s office. No public right-of-way accepted by the planning commission shall be maintained by the borough unless approved by the borough assembly.

A. Performance and Payment Bond. The developer may furnish and file with the borough a corporate surety bond or cash bond to provide performance and payment bonding equal to the 120 percent of the estimated cost of the improvements to assure the actual construction of such improvements. In cases where the developer chooses to furnish a cash bond, such funds shall be deposited in an interest-bearing account by the borough, with any interest accrued to be refunded to the developer upon refund of the bond.

B. Re-Conveyance Agreement. The developer may convey to the borough a lot or lots, the value of which is equal to, or greater than, 120 percent of the estimated costs of improvements. The property to be conveyed must be marketable property adjacent to both an improved public street and installed public utilities or DEC-approved utilities. The conveyance shall be accompanied by a policy of title insurance showing title in the borough, free and clear of liens and encumbrances, naming the borough as the insured and a re-conveyance agreement containing the terms of re-conveyance of the lots to the developer after completion of the improvements. The borough assessor shall determine the value of the property. All submittals must be approved as to form by the borough attorney. The developer shall pay all legal review and document preparation costs, as well as title report, recording fees and any other fees associated with a re-conveyance agreement; provided, that work performed by borough staff is paid by the administrative fee established in this section. Re-conveyance will occur after the borough certifies that all improvements have been satisfactorily completed within the required time period, or any extensions thereto.

C. Maintenance Bond.

D. Default. In the event the subdivider defaults or fails or neglects to satisfactorily install the required improvements within the agreed-upon time or to repair and maintain the required improvements during the warranty period, the borough assembly may declare the bond or other guarantee forfeited, and the borough may install or contract to have installed the required improvements or perform or contract to have performed the required maintenance, using the proceeds from the collection of the bond, deposit or other guarantee to defray the expense thereof.

E. Acceptance and Release of Surety. The release of financial guarantees shall utilize the following procedures:

A. An application for the vacation of section line easements and state recognized RS-2477 easements, also referred to as rights-of-way, acquired under former 43 U.S.C. 932, along with a $100.00 nonrefundable filing fee, shall contain the following:

B. Public notice will follow provisions set forth under HBC 18.30.020.

C. The planning commission shall hold a public hearing on the requested vacation. The planning commission shall make its recommendation to the Alaska Department of Natural Resources in the form of approved meeting minutes. (Ord. 19-02-523 § 6)