Title 29 — Municipal Government
38 chapters · 509 sections in this title.
AS 29.40.010 Planning, platting, and land use regulation.
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(a) A first or second class borough shall provide for planning, platting, and land use regulation on an areawide basis. (b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its powers and duties under this chapter to the city. The assemb…
AS 29.40.020 Planning commission.
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(a) Each first and second class borough shall establish a planning commission consisting of five residents unless a greater number is required by ordinance. A member shall be appointed by the borough mayor for a term of three years subject to confirmation by the assembly, except …
AS 29.40.030 Comprehensive plan.
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(a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the first or second class borough, and may include, but is not limited to, the following: (1) state…
AS 29.40.040 Land use regulation.
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(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to, (1) zoning regulations restrictin…
AS 29.40.050 Appeals from administrative decisions.
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(a) By ordinance the assembly shall provide for an appeal from an administrative decision of a municipal employee, board, or commission made in the enforcement, administration, or application of a land use regulation adopted under this chapter. The assembly may provide for an app…
AS 29.40.060 Judicial review.
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(a) The assembly shall provide by ordinance for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer, board of adjustment, or other body to the superior court. (b) An appeal to the superior court under this section is an administrative appeal …
AS 29.40.070 Platting regulation.
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By ordinance the assembly shall adopt platting requirements that may include, but are not limited to, the control of (1) form, size, and other aspects of subdivision, dedications, and vacations of land; (2) dimensions and design of lots; (3) street width, arrangement, and rights-…
AS 29.40.080 Platting authority.
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(a) The assembly by ordinance shall establish a platting authority to administer subdivision regulations and to perform other duties as required by the assembly. The platting authority may consist of members of the planning commission or of other municipal residents. (b) The asse…
AS 29.40.090 Abbreviated plats and waivers.
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(a) Notwithstanding other provisions of this chapter, the assembly shall by ordinance establish an abbreviated plat procedure for a plat that will (1) subdivide a single lot into not more than four lots; (2) provide legal and physical access to a public highway or street for each…
AS 29.40.100 Information required.
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A plat must show (1) initial point of survey; (2) original or reestablished corners and their descriptions; (3) actual traverse showing area of closure and all distances, angles, and calculations required to determine initial point, corners, and distances of the plat; and (4) oth…
AS 29.40.110 Plat procedure.
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(a) The platting authority shall approve or disapprove a plat within 60 days after it is filed, or shall return it to the applicant for modification or correction. Unless the applicant for plat approval consents to an extension of time, the plat is considered approved and a certi…
AS 29.40.120 Alteration or replat petition.
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A recorded plat may not be altered or replatted except by the platting authority on petition of the state, the borough, a public utility, or the owners of a majority of the land affected by the alteration or replat. A platted street may not be vacated, except on petition of the s…
AS 29.40.130 Notice of hearing.
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The platting authority shall fix a time for a hearing on an alteration or replat petition that may not be more than 60 days after the petition is filed. Notice shall be published by the platting authority stating when and by whom the petition was filed, its purpose, and the time …
AS 29.40.140 Hearing and determination.
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(a) The platting authority shall consider the alteration or replat petition at a hearing and make its decision on the merits of the proposal. (b) Vacation of a city street may not be made without the consent of the council. Vacation of a street in the borough area outside all cit…
AS 29.40.150 Recording.
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If the alteration or replat is approved, the revised plat shall be acknowledged, filed, and recorded in accordance with AS 40.15.010 — 40.15.020.
AS 29.40.160 Title to vacated area.
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(a) The title to the street or other public area vacated on a plat attaches to the lot or land bordering the area in equal proportions, except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area that …
AS 29.40.170 Delegations.
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The planning commission and the platting authority may, as authorized by ordinance, delegate powers to hear and decide cases under this chapter, including delegations to (1) one or more members of the planning commission or platting authority; (2) other boards or commissions; (3)…
AS 29.40.180 Prohibited acts; criminal penalties.
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(a) The owner of land located in a subdivision may not transfer, sell, offer to sell, or enter into a contract to sell land in a subdivision before a plat of the subdivision has been prepared, approved, filed, and recorded in accordance with this chapter. A person may not file or…
AS 29.40.190 Civil remedies and penalties.
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(a) The municipality or an aggrieved person may institute a civil action against a person who violates a provision of this chapter, a subdivision regulation adopted under this chapter, or a term, condition, or limitation imposed by a platting authority. In addition to other relie…
AS 29.40.200 Subdivisions of state land.
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(a) The subdivision requirements adopted under this chapter apply to a subdivision plat of undeveloped state land for disposal under AS 38.05 or AS 38.08 filed with the platting authority. Subdivision ordinances and regulations adopted after the platting authority is notified by …