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A land use permit, or conditional use permit, or a platting action permit for a subdivision, may be granted if all the following general approval criteria and applicable specific approval criteria of HBC 18.60.020 are complied with. The burden of proof is on the developer to show that the proposed use meets these criteria and applicable specific criteria for approval. Notwithstanding any of the following criteria, no use will be approved that will materially endanger the public health or safety or substantially decrease the value of property in the neighboring area. The burial of uncremated human remains outside a cemetery is prohibited.

A. Plans. The proposal is substantially consistent with the borough comprehensive plan and other applicable borough-adopted plans.

B. Reviewing Parties. Due deference has been given to the comments and recommendations of reviewing parties.

C. Fire Safety and Emergency Access. The proposal shall not pose a fire danger as determined by the State Fire Marshal or the borough fire chief. Adequate access for emergency and police vehicles must be provided.

D. Access. All lots on which development is planned are required to have legal road access before an application for a development may be considered and physical road access must be completed to borough standards before any work on the development is started.

E. Traffic. The proposed use shall not overload the existing street system with traffic or result in unsafe streets or dangers to pedestrians.

F. Public Maintenance. The proposed use shall not significantly increase the impact on the surrounding area from glaciation or drifting snow and shall not create significantly increased difficulty for snow removal or street maintenance.

G. Foundation. All buildings intended for residential or commercial use shall be placed on a permanent foundation. This section does not apply to accessory buildings such as tool sheds, wood sheds, etc., of 120 square feet or less in area, or temporary uses.

H. Parking. Parking, loading areas and snow storage sites for the proposed development shall be adequate, safe and properly designed. The developer may be required to install acceptable lighting at pedestrian or vehicular access points.

I. Utilities. The proposed use shall be adequately served by public water, sewer, on-site water or sewer systems, electricity, and other utilities prior to being occupied. The borough may require a letter of commitment from a utility company or public agency legally committing it to serve the development if such service is required. If property on which a use is proposed is within 200 feet of an existing, adequate public water and/or sewer system, the developer shall be required to connect to the public systems. The borough may require any or all parts of such installation to be oversized, however the additional cost beyond the size needed for the development will be borne by the borough.

When, in the opinion of borough staff, no public sanitary sewer and/or water service is available within 200 feet of the property, the developer may request an exemption from the requirements to connect to these public utilities. All regulations of the State Department of Environmental Conservation pertaining to water extraction and wastewater disposal, as well as the requirements of HBC 13.04.080(G) pertaining to on-site wastewater disposal, shall apply. If exempted from the requirement to connect to public utilities, a developer must provide plans drawn by an engineer licensed in the state of Alaska or a state certified septic system installer prior to permit approval. Upon installation and before closure, the wastewater disposal system must be inspected and approved by an engineer licensed in the state of Alaska or a state certified septic system installer.

When public sanitary sewer and/or water service becomes available, the developer will be required to connect to the public utility within six months.

J. Drainage. The applicant for a proposed use shall provide for the control of runoff during and after construction. All roads and parking areas shall be designed to alleviate or avoid runoff into public streets or adjoining lots and to protect rivers, lakes and streams from pollution. Developers may be required to provide for the conservation of natural features such as drainage basins and watersheds, and provide for land stability.

K. Walkways, Sidewalks and Bike Paths. Easements for pedestrian access or bicycle paths may be required where shown by the borough to be necessary to provide reasonable circulation or access to streams, lakes, tidewater, schools, playgrounds, transportation facilities or other public facilities.

L. Construction Guarantees. The borough may require the posting of a bond or other surety approved by the assembly to ensure that all required and necessary improvements are constructed as approved. The surety may provide for partial releases upon acceptance of the improvement by the borough.

M. Peak Use. The proposed use shall not result in significantly different peak use characteristics than surrounding uses or other uses allowed in the zone.

N. Off-Site Impacts. The proposed use shall not have significant negative impacts on the surrounding properties, including excessive noise, fumes or odors, glare, smoke, light, vibration, dust, litter, or interference in any radio or television receivers off the premises, or cause significant line voltage fluctuation off the premises or be unsightly or become a nuisance as defined in HBC 8.12.020(I). Buffering may be required to alleviate impacts between residential and nonresidential uses. The owner of the property upon which the buffering is constructed is responsible for the maintenance of the buffering in a condition that will meet the intent of this criteria.

O. Habitat. A reclamation or landscaping plan may be required as a condition of approval of any use within 100 feet of a state-identified anadromous stream. The purpose of the reclamation or landscaping plan includes the control of dust, soil erosion, water runoff and siltation which otherwise would be generated on the lot and affect the surrounding area. The commission may adopt borough landscaping standards that establish the type of vegetation and acceptable methods to be used for compliance. The owner of the property shall be responsible for maintenance of the landscaping for a minimum of one year to allow the establishment of the planted materials and stability of other physical improvements such as earthen berms. The borough shall not impose requirements inconsistent with the permit requirements of any other governmental entity permitting the development, but may impose more stringent requirements and may work with the developer to reach a satisfactory compromise with any other governmental entity. If a suitable plan is already in existence, it may fulfill the requirements of this section. The plan shall contain elements as may be required by the landscaping standards adopted by the commission and may in any event include any or all of the following:

1. A grading and site plan, indicating the areas excavated or filled, the proposed finished grades and contours, drainage directions and any control structures to be installed;

2. The methods to be employed for reclamation of the site during and after the activity along with a time table for completion;

3. A description of all roads, parking areas and buildings and a site map showing the locations of all improvements which will be built;

4. A description of any known permit requirements of any other governmental entity and a copy of any permit stipulations under consideration or in existence for the development;

5. All maps shall be submitted at an accurate scale and extend a suitable distance beyond the site area.

P. Anadromous Fish Stream Setbacks. Unless approved by variance, no development shall occur within 25 feet of the banks of anadromous fish streams, designated as such by the Alaska Department of Fish and Game. Variances from this requirement may be granted by the commission based upon the unique conditions of individual properties, the proposed development, and the recommendations of a qualified fisheries biologist.

Q. Open Space and Facilities. The developer may be required to dedicate land for open space, drainage, utilities, access, parks or playgrounds. Any dedication required by the commission must be based on a written finding that the area is necessary for public use or safety and the dedication is in compliance with adopted municipal plans and policies. The commission’s finding shall conclude that a direct connection exists between the development and the need for the provision of the dedication. Land may be accepted by the borough only under the following conditions:

1. The location, shape, size, and character of the area must be suitable for the planned use.

2. Development in landslide and avalanche areas designated on the borough hazardous areas map must minimize the risk to life and property.

3. The area must be suitably improved for its intended use, but common open space containing natural features worthy of preservation or landslide and avalanche hazard must be left unimproved.

4. If the use provides for buildings, landscaping or other improvements in the dedicated area, the developer must provide a bond or other adequate assurance that such improvements will be completed. The borough shall release the bond or other assurance when the buildings, structures, or improvements have been completed to the satisfaction of the commission.

5. All land must be conveyed to a public agency or private association that will agree to maintain in perpetuity the area and any buildings, structures, or improvements which have been placed on it. When no maintenance of the area is required, it may be conveyed to all new owners in undivided joint ownership. When the land is not dedicated to a public agency and maintenance of the common space is required, a private association for maintenance of the area must be established. Covenants establishing the association must be approved as to form by the borough attorney, and by the commission as to whether the covenants provide for maintenance of the area in a manner that assures its continuing use for its intended purpose. Conveyance of an area to a private association must be consistent with AS 34.07, the Horizontal Property Regime Act.

R. Historic Resources. The proposed use shall not adversely impact identified historic resources prior to the assessment of that resource by the borough or state. Uses located within the significant structures area must comply with the specific approval standards of this chapter.

Due to its historical nature, Block 16, Haines Townsite Subdivision shall have special setback requirements. All structures built within Block 16 must set back a minimum of 10 feet from property lines not abutting Union Street.

S. National Flood Plain Regulations. All applications for land use or conditional use permits shall be reviewed for compliance with the National Flood Insurance Program prior to approval. If the development is governed by the regulations, all requirements shall be satisfied prior to approval or placed as a condition upon approval of the appropriate permit. The manager, upon receiving an application for a land use or conditional use permit, shall review the proposal for compliance with the National Flood Insurance Program in accordance with Chapter 18.120 HBC, Flood Plain Regulations.

The manager shall, upon the application itself, indicate compliance, noncompliance or conditions upon approval as appropriate. Variances to the flood plain regulations shall be allowed as provided for in the flood plain regulations.

T. Hazard Areas. Development which is not designed and engineered to mitigate the risk of loss of life or property is prohibited in the following hazard areas:

1. The one percent floodway of all rivers and streams.

2. Avalanche outfall areas.

3. Within 500 feet of a major fault.

4. Slopes greater than 30 percent.

5. Within 300 feet of a wildfire chute.

6. Rock and mudslide areas.

(For information regarding the location of the hazard areas, see the most recent version of the borough map entitled “Flood Plain and Flood Hazards Map.”)

U. Waterfront. The following requirements apply in all waterfront zones:

1. Dredge and Fill Activities. Any person, persons or firm planning a development in wetlands is required to apply for and obtain a dredge and fill permit from the United States Army Corps of Engineers prior to commencement of development.

2. For residential use, setbacks shall be the same as those required in the residential zone. All other uses shall be required to set back 10 feet from lot lines adjacent to every street and alley and five feet from all other lot lines.

3. Public access to the waters of Portage Cove is required to be included in all permits for development on land adjacent to Portage Cove. (Ord. 18-04-494 § 6; Ord. 15-10-423 § 4; Ord. 13-08-342 § 4; Ord. 12-05-291 § 9; Ord. 07-04-153; Ord. 06-07-148; Ord. 04-08-075)