Ordinance 10-57 Utility Easements for Subdivisions and Planned Unit Development

CITY OF HOMER
HOMER, ALASKA
Planning
ORDINANCE 10-57

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 11.04.030, DEFINITIONS; AMENDING HOMER CITY CODE 11.04.040, STREET CONSTRUCTION, DESIGN AND DEDICATION REQUIREMENTS—GENERAL; AMENDING HOMER CITY CODE 11.04.120, SIDEWALKS; AMENDING HOMER CITY CODE 21.52.030, DEVELOPMENT PLAN; AMENDING HOMER CITY CODE 22.10.030, DEFINITIONS; AMENDING HOMER CITY CODE 22.10.050, IMPROVEMENT REQUIREMENTS—GENERAL; AND HOMER CITY CODE 22.10.051, UTILITY EASEMENTS; REGARDING SUBDIVISIONS AND SUBDIVISION AND PLANNED UNIT DEVELOPMENT IMPROVEMENT REQUIREMENTS.
 

WHEREAS, The City of Homer City Council Adopted the Homer Non-Motorized Transportation and Trails Plan on August 10, 2004; and

WHEREAS, The Homer Non-Motorized Transportation and Trails Plan will guide the development of the non-motorized transportation and trails system for the City of Homer; and

WHEREAS, The Homer Non-Motorized Transportation and Trails Plan contains suggested code amendments to implement its goals and objectives;

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Subsection (y) of Homer City Code 11.04.030, Definitions, is amended to read as follows:

y. "Subdivision" means 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 resubdivision. Any addition, deletion or relocation of the boundary of a tract or parcel of land shown on a recorded plat is a subdivision. any subdivision, and Wwhen appropriate to the context, the term shall refer to the process of subdividing or to the land or areas subdivided. A "new subdivision" is an subdivision in which a plat has received preliminary approval prior to the effective date of this chapter. There will be no time extension allowed for said preliminary plat to be considered at a later date.

Section 2. Homer City Code 11.04.030, Definitions, is amended to add the following definitions, with subsections renumbered accordingly:

“Non-Motorized Transportation and Trail Plan” means the Homer Non-Motorized Transportation and Trail Plan (2004), adopted as an element of the Homer Comprehensive Plan by HCC 21.02.010(b).
“Non-motorized transportation corridor” means an easement or right-of-way designated for public use for pedestrian, bicycle, equestrian or other non-motorized means of transportation.
“Public access corridor” means an easement or right-of-way providing public access through a lot, subdivision or development.

Section 3. Subsection (a) of Homer City Code 11.04.040, Street construction, design and dedication requirements—General, is amended to read as follows:

a. All streets, or roads or non-motorized transportation facilities constructed or reconstructed within the City of Homer after the effective date of the ordinance codified in this chapter shall adhere to the dedication, design and construction standards set forth in this chapter and shall also be designed and constructed according to the procedures and standards set forth in Chapter 11.20, unless waived as provided in Chapter 11.20.

Section 4. Homer City Code 11.04.120, Sidewalks, is amended to read as follows:
11.04.120 Sidewalks and non-motorized transportation corridors. a. New streets to be accepted by the City and identified as public access corridors in the adopted Homer Non-Motorized Transportation and Trail Plan shall have easements for sidewalks, bicycle paths or other non-motorized transportation facilities to ensure convenient mobility and convenient access to parks, recreation areas, trails, playgrounds, schools and places of public assembly.
ab. New streets to be accepted by the City and not identified as public access corridors in the Non-Motorized Transportation and Trail Plan may, at the developer's option, have sidewalks, and/or bicycle paths or other non-motorized transportation facilities.
bc. Sidewalks, and bicycle paths and other non-motorized transportation facilities shall be designed in accordance with the design criteria of the City of Homer Design Criteria Manual.

Section 5. Paragraph (a)(11) of Homer City Code 21.52.030, Development plan, is amended to read as follows:

11. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures, including proposed easements for public utilities and public access;

Section 6. Paragraph (a)(18) of Homer City Code 21.52.030, Development plan, is adopted to read as follows:

18. Where practical and safe, and where other means of access have not been provided, public access easements or dedications may be required to provide access to contiguous public lands or connections with existing or proposed non-motorized transportation corridors.

Section 7. Homer City Code 22.10.030, Definitions, is amended to read as follows:

22.10.030 Definitions. The following words and phrases shall have the meanings set forth in this section, unless otherwise provided or the context otherwise requires:
a. “Non-Motorized Transportation and Trail Plan” means the Homer Non-Motorized Transportation and Trail Plan (2004), adopted as an element of the Homer Comprehensive Plan by HCC 21.02.010(b).
b. “Non-motorized transportation corridor” means an easement or right-of-way designated for public use for pedestrian, bicycle, equestrian or other non-motorized means of transportation.
c. “Public Access Corridor” means an easement or right of way allowing public access through a lot, subdivision or development.
da. "Subdivider" means a person, firm, association, partnership, corporation, governmental unit or combination of any of these which may hold any recorded or equitable ownership interest in land, and dividing or proposing to divide such land so as to constitute a subdivision as defined in this section. This term shall also include all heirs, assigns or successors in interest, or representatives of, the subdivider, owner, proprietor or developer.
eb. "Subdivision" means 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 subdivision or resubdivision. Any addition, deletion or relocation of the boundary of a tract or parcel of land shown on a recorded plat is a subdivision. When appropriate to the context, the term shall refer to the process of subdividing or to the land or areas subdivided.

Section 8. Subsection (a) of Homer City Code 22.10.050, Improvement requirements—General, is repealed and reenacted to read as follows:

a. The Kenai Peninsula Borough shall not release any final plat for a subdivision in the city for filing at the State Recorder's Office until the subdivider or developer of the subdivision either enters a subdivision agreement for, or constructs and obtains written city approval of, the following improvements, according to the standards and procedures required under Title 11 of this Code:
1. Streets in all rights-of-way dedicated by the plat; and,
2. All other utilities and public improvements to be constructed in the rights-of-way and easements dedicated by the plat, including water, sewer, electric, communications, and gas lines, as applicable.
3. Abandonment or relocation of existing water or sewer service lines required due to conflict with new or relocated property lines, as required by the Public Works Department.

Section 9. Subsection (b) of Homer City Code 22.10.050, Improvement requirements—General, is repealed and reenacted to read as follows:

b. The commission may exempt a plat from the provisions of subsection (a) of this section as provided in Section 22.10.040.

Section 10. Homer City Code 22.10.051, Utility easements, is amended to read as follows:

22.10.051 Utility eEasements and rights-of-way. Each lot of a new subdivision must have access from a fifteen foot utility easement. a. The subdivider shall dedicate in each lot of a new subdivision a fifteen (15) foot wide utility easement immediately adjacent to the entire length of the boundary between the lot and each existing or proposed street right-of-way.
b. The subdivider shall dedicate in each lot of a new subdivision any water and/or sewer easements that are needed for future water and sewer mains shown on the official Water/Sewer Master Plan approved by the council.
c. The subdivider shall dedicate easements or rights-of-way for sidewalks, bicycle paths or other non-motorized transportation facilities in areas identified as public access corridors in the Homer Non-Motorized Transportation and Trail Plan, other plans adopted by the city council, or as required by the Kenai Peninsula Borough Code.
d. The city council may accept the dedication of easements or rights-of-way for non-motorized transportation facilities that are not required by HCC 21.10.051(c), if the city council determines that accepting the dedication would be consistent with the adopted plans of the city.

Section 11. This ordinance shall be effective upon adoption, and shall apply to all subdivisions for which the Kenai Peninsula Borough grants preliminary plat approval after the effective date of this ordinance.

Section 12. This Ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date:

Reviewed and approved as to form:

________________________ ____________________________
Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: _______________________