16.10.050 Waivers.
No subdivision shall be approved by the borough except upon the submission of a plat prepared in accordance with Chapters 16.30, 16.40 and 16.50 KIBC, except that:
A. Pursuant to AS 29.40.090(b), the community development department director shall waive the preparation, submission for approval, and recording of a plat upon satisfactory evidence that the subdivision meets the following requirements:
1. The subdivision may divide a single lot into not more than four lots. Each lot created by the subdivision must be five acres or larger in size;
2. The subdivision must provide legal and physical access to a public highway or street for each lot created. For purposes of this section, practical access to a navigable waterway is equivalent to access to a public highway. A waiver applicant must demonstrate to the community development department director that proposed access can be constructed practically and economically from any navigable waterway to a building site that is consistent with the requirements of KIBC Title 17, Zoning;
3. The subdivision may not contain or require the dedication of a street, right-of-way, or other area;
4. The subdivision may not require a vacation of a public dedication of land or a variance from a subdivision regulation; and
5. A waiver application must include a certificate by the clerk that all taxes assessed and due against the property and in favor of the borough have been paid in full.
B. Application for a waiver shall contain a sketch depicting the lots to be created, the general location of the lots to be created (vicinity map), adjoining parcels, and proposed access.
C. Completed applications will be reviewed by the community development department director within five working days. The community development department director shall approve the waiver if it meets the requirements of state law and sign a “certificate of waiver” approving the subdivision
D. The land subdivided on a waiver application shall be considered to be developed for purposes of property taxation on the date that the waiver application is approved by the community development department director, unless the subdivided property is a remainder parcel.
E. The following subdivisions of land are exempt from the borough subdivision regulations and the application and review procedures of this section:
1. Subdivision and conveyance of land which is mandated by federal law (for example, a reconveyance required under Section 14(c) of the Alaska Native Claims Settlement Act); and
2. Cadastral plats, cadastral control plats, open-to-entry plats, or remote parcel plats created by or on behalf of the state of Alaska regardless of whether these plats include easements or other public dedications.
F. An 18-inch by 24-inch or 24-inch by 36-inch paper copy of the instrument in lieu of a plat which creates the subdivision, any survey or other boundary and legal description document meeting the requirements for a certificate of waiver prepared for any property waived or exempted under this section shall be provided to the community development department as satisfactory evidence that the subdivision meets the requirements of this section, and may be used for recording the subdivision. [Ord. FY2020-02 §2, 2019; Ord. 93-64 §§2 – 4, 1993; Ord. 90-15 §2, 1990].