Chapter PUBLIC IMPROVEMENTS* * Cross References: Public ways and property, CBJ Code tit. 62. ARTICLE I. GENERALLY

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5 Chapter PUBLIC IMPROVEMENTS* * Cross References: Public ways and property, CBJ Code tit. 62. Article I. Generally Purpose Extent and nature of improvements Standard specifications Construction plans. Article II. Streets Street system Street names Design criteria Construction standards. Article III. Water System Systems required Fire flow Municipal water system plan Oversizing lines. Article IV. Sanitary Systems Systems required Oversizing lines Private treatment systems. Article V. Drainage Drainage plan Systems required Municipal planned area drainage system Easements. Article VI. Pedestrian Access Walkways Sidewalks Bike paths. Article VII. Utilities Underground utilities. (Reserved) Provision of utilities. (Reserved) Construction plans. ARTICLE I. GENERALLY Purpose. The purpose of this chapter is to: (1) Establish design and development criteria for public

6 improvements; and (2) Outline the procedures and responsibilities of the developer for furnishing plans and completing the improvements. (Serial No , 2, 1987) Extent and nature of required improvements. (a) The developer subdivider must shall install all of the required improvements to the boundaries of the developemnt andsubdivision, and may be required to extend them beyond the subdivision boundary in order for the improvements to function properly. In addition, improvements mustshall be designed and constructed to provide for future extension to adjoining contiguous areas. (b) In all subdivisions, or other developments in which public streets improvements are to be constructed, the developer shall construct all improvements year-round roadway according to this chapter,cbj and at a minimum, meet the requirements of the latest version of the CBJ Standard Sspecifications for Civil Engineering Projects and Subdivision Improvements, and the Standard Details, on file at the Engineering Department Improvements, where applicable, must include streets, retaining walls, street signs and markings, curbs and gutters, street lights and associated power conduits, sidewalks, shared use pathways, sewer mains, pump stations, service laterals, manholes, cleanouts and all associated parts, storm sewer mains, manholes, catch basins, pump stations, service laterals, and all associated parts, water mains, fire hydrants, service laterals, valves, pump stations, reservoirs, and all associated parts. (c) The developer shall install street name signs, traffic control signs and traffic control pavement markings in accordance with the approved plans and the requirements of the current issue of the Manual on Uniform Traffic Control Devices, including the current supplement. (d) The commission may waive construction requirements only as provided in CBJ and CBJ (Serial No , 2, 1987; Serial No , 5, 1995; Serial No , 2, ) Standard specifications. (a) Compliance with specifications. Except as provided in this chapter, all subdivision improvements shall be in accordance with the Comment [TM1]: MOVE This section does not belong in the preamble for improvements. Moved to Article II Streets. Comment [TM2]: This matter is addressed in a new waiver section below.

7 latest revision of the City and Borough subdivision standard specifications and details on file in the engineering department (cb) Unusual or unanticipated conditions. If unusual or unforeseen unanticipated conditions exist in a particular plat, the director of engineering may prescribe different or additional standards to ensure equal or better performance under these special conditions. (dc) The Director or the Commission may require public improvements to be constructed as a condition of approval of permits other than those for approval of subdivisions. The standards for construction of these improvements will be the same as those for a subdivision. (c) Change of standards. Prior to a substantial change in the standards generally applicable to required subdivision improvements, the director of engineering, or the designee, shall hold a public hearing on the proposed change. The hearing shall be preceded by ten days' published notice. The standards may be changed in response to comments received at the hearing or received at any other time prior to the effective date. The standards shall become effective 30 days after the first notice of the hearing is published. The manager may shorten the notice period or waive the requirement for a hearing and may specify an earlier effective date if the manager finds an emergency exists or that other conditions warrant such action. If the hearing is held with less than three days' published notice, a second hearing preceded by ten days' published notice shall be held. (Serial No , 2, 1987; Serial No , 2, 1992; Serial No , 5, ; Serial No , 3, ) Construction plans. (a) Generally. The subdivider shall submit construction plans for all public improvements and private utilities within and outside the proposed subdivision boundary. All of the required improvements shall be installed to the boundaries of the subdivision and shall be designed to provide for future extension to contiguous areas. At least five days prior to construction of required improvements, the developer shall notify the City and Borough engineer assigned to the project of the intended construction schedule.. (b) Construction Pplans Submittal and profiles. (1)With the submittal of the final plat, and prior to the start of any commencement of construction, the subdivider shall furnish to the CBJ Comment [TM3]: MOVE To (b) above. Comment [TM4]: TO DO This wording should be placed in the code section on permitting, as well. Comment [TM5]: MOVE This section does not belong in Title 49. Likely location is Chapter 62. Also, this process to amend improvements standards is very difficult and has not been adhered to. ENGINEERING TO DO This process should be streamlined to have a one year review of standards, a public meeting, and adoption.. The Planning Commission will still be involved with the major improvement standards that are listed in Title 49. Comment [TM6]: LAW What names should be used throughout code? Comment [TM7]: MOVE The sentence has regarding the extent of improvements is included in section , not in construction plans. Comment [TM8]: MOVE This sentence deals with a notification prior to construction - not construction plans. Text has been added elsewhere that requires a construction schedule.

8 Permit Center director three complete sets of construction plans, and profiles, details, and special construction provisions for of all existing and proposed improvements within the subdivision. All such documents shall be prepared by a licensed professional engineer.the director shall refer the plans to the City and Borough engineer for review. The CBJ Engineer will determine the number of plan sets required to be submitted. Plan sets will be forwarded to the appropriate CBJ Departments and agencies. (2)The construction plans shall be stamped by the professional engineer(s) licensed in the State of Alaska who is responsible for the improvement designs. Multiple engineer stamps are required for plans with multiple discipline designs, i.e. civil, electrical, structural engineering. Preliminary Plans... (3) Construction Plan Details (c) Procedure and requirements. (A)(1) Size Plans and profiles and Aall construction plans drawing shall be submitted in triplicate on 22 by 34 inch plan or 24 by 36 inch profile sheets. The CBJ Engineer can approve 24 by 36 sheets. (B2) Information The drawings shall contain the following information: (ia) Name of subdivision; (iib) Type of work; (iiic) Date; (ivd) Name(s) of engineer(s) preparing the drawings and the engineer(s) stamp(s) and (ve) Space for approval by the CBJ City and Borough Eengineering Department.Department. (vi3) North arrow and scale. (CG) Scale Horizontal scale must beis preferred at one inch equals 50 feet or greater. Vertical scale shall be is preferred at one inch equals five feet or less with a; minimum scale ofis one inch equals ten feet. (D4) Benchmarks The llocation and elevations of permanent benchmarks mustshall be shown. Elevation datum shall be Comment [tjm9]: Improvements can be required outside of the subdivision, as well. Comment [TM10]: LAW Wording? Comment [TM11]: ENGINEERING We talked about having the subdivider submit a set of preliminary construction plans to help with review of the preliminary plat: for example, do all lots will have suitable access to the public roadway. After second thought, requiring two sets of construction plans would be confusing and overkill. TO DO It makes more sense and cleaner to just add a submittal requirement for the preliminary plat spelling out what information is needed. There is some wording in the ONTARIO ordinance that looks good specific submittals. Comment [TM12]: ENGINEERING Is this the correct word? Comment [tjm13]: ENGINEERIN G Please check wording.

9 MLLW unless otherwise approved by the CBJ Engineer. (E5) Street Profiles Profiles of streets shall indicate finished and existing grades for the centerline of the street and shall extend a minimum of 200 feet beyond the limits of the proposed project or, if intersecting an existing street, extend to the far side of the existing street. (F6) Plans and profiles, where applicable, shall include location, elevation, size, materials, and all other details of all proposed improvements.curbs and gutters, sidewalks, street cross sections, locations and elevations of manholes, catch basins, storm sewers and their appurtenant works, elevations of fire hydrants, water mains, type of pipes, valves and their appurtenant works and locations, size and elevation of sewer mains with their grades and type of pipes, manholes, cleanouts and any other appurtenances. (G7) Complete survey data must be shown for all horizontal and vertical curves. The minimum length of vertical curves is 200 feet unless otherwise approved. () Monuments shall be installed by the subdivider's land surveyor at points designated on the final plat as approved by the City and Borough. The monuments must be placed prior to release of the improvement or performance bond. The subdivider s surveyor must install monuments before recording of the final plat, or the beginning of construction, whichever comes first. The surveyor must certify that monuments have been placed before recording of the final plat. The Engineering Director may require that certification of the moumentation take place again after final acceptance of all subdivision improvements, if construction took place after recording of the final plat. Construction activity can cause the previously placed monuments to be destroyed (cd) As-built drawings. The subdivider, uupon completion of required improvements, must submit a reproducible Mmylar copy, and a copy in a digital format, of as-built plans shall be submitted by the subdivider in accordance with the requirements set forth in the City and Borough of Juneau Subdivision Standard Specifications for Civil Engineering Projects and Subdivision Improvements, and Standard Details. (Serial No , 2, 1987) Other Permits. Comment [tjm14]: MOVE This is a construction design standard that should be moved to (?) Comment [TM15]: No more bonding for monuments. They are needed during construction, and if altered during construction, they will need to be replaced. Comment [TM16]: MOVE This language dealing with moumentation does not belong with construction plans. Currently all other requirements dealing with monuments are in Title 4, regulations. LAW In terms of code organization, everyone seems to agree that having requirements in code and in a separate set of regulations is confusing and of no advantage. TO DO If it is agreed to move the regulations (Title 4) back into Title 49, this code section would be put with all moumentation requirements. Comment [TM17]: LAW We should be able to have code language that explains the requirement. Comment [TM18]: ENGINEERING Is this wording applicable? Is it needed for as-built drawings?

10 The applicant must obtain a Public Transmission Utility permit (PTUP) from the Engineering Department and a building permit from the Community Development Department before construction of the subdivision begins. The applicant must provide a detailed schedule for the completion of all improvements as part of the application for a PTUP. ARTICLE II. STREETS* * Cross References: Public ways and property, CBJ Code tit Street Design system. (a) Layout. Subdivision street systems shall be designed for the most advantageous development of the entire neighborhood area. Collector streets in adjoining subdivisions shall be continued and shall be of at least equal width. Street jogs shall be avoided. The street system shall provide for connecting streets into adjoining unsubdivided lands. (b) Discouragement of through traffic. Except for major thoroughfares, residential streets shall be laid out to discourage their use by through traffic. Street designs shall also be laid out to discourage the use of cul-de-sacs. (c) Future streets. Where the plat submitted covers only a part of the subdivider's tract, a sketch of the prospective street and utility system of the unsubdivided part shall be furnished and the street and utility system of the submitted part shall be considered in the light of proposed plans for the entire area. (d) Half streets. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be divided, the other half of the street or alley shall be platted and dedicated, and the entire street or alley shall be constructed. (ae) Right-of-way widths. The minimum right-of-way width of proposed streets isshall be as follows: (1) Arterials: primary, 100 feet; secondary, 80 feet; (2) Collectors: 60 feet; (3) Streets other than arterial and collectors: 60 feet; (A) Exception ; provided that for such streets developed with paving, underground drainage, and Comment [TM19]: The Street system section is primarily subdivision design, and will be moved to the subdivision code section Comment [tjm20]: MOVE Not an improvement but a subdivision design standard Comment [tjm21]: MOVE This is another design standard. TO DO Also needs to be rewritten to follow the direction of the Areawide Transportation Plan which calls for connectivity, not dead end streets. Comment [TM22]: MOVE This is a subdivision design standard Comment [TM23]: MOVE below to fit new organization. Comment [TM24]: Tim, I don t recommend going any narrower than 60 feet anywhere. I would recommend that the sidewalks be pushed back five feet from the back of curb each side so that we have more room to stack snow during winter storms.] Joe Buck Public Works Director

11 curbs, gutters, and sidewalks on both sides of the street:, the minimum right-of-way width shall be 50 feet; (4) Permanent cculs-de-sacs: a radius of 50 feet; (5) Alleys: 20 feet. (Serial No , 2, 1987; Serial No , 6, 1995; Serial No , 4, ) (b) Half streets. Whenever there exists a dedicated or platted half street or alley adjacent to the tract of land to be subdivided, the other half of the street or alley must be platted, and dedicated, and the entire street or alley shall be constructed to current improvement standards Street names. Streets shall be given names unique in the municipality but similar in style to others in the neighborhood. Proposed street names shall appear on the preliminary plat. The names of streets serving four or fewer lots shall be approved by the director through the minor subdivision process. The names of streets serving more than four lots shall be approved by the commission shall approve the names of streets at the time it approves the names of streets serving more than four lots shall of preliminary plat approval. A proposal to change the name of any existing street or right-ofway must be approved by the commission through the conditional use notification and hearing process. (Serial No , 2, 1987; Serial No , 7, 1995) Design criteria. (a) Design speed. (Reserved) (cb) Sight distance.. Passing and stopping ssight distances for intersection, passing and stopping shall mustbe in accordance with the specifications set forth in A Policy on Geometric Design of Highways and Streets, 1984, as published by the American Association of State Highway and Transportation Officials (AASHTO). (dc) Street grades. Grades on arterial streets shall not exceed six percent. Grades on other streets shall not exceed 12 percent. The minimum grade for all streets shall be one halfthree-tenths percent. (1) Exception Grades for streets in hillside areasdevelopments areshall be as specified in chapter 49.70, article II Hillside Development. (ed) Intersections. Comment [TM25]: PLANNING COMMISSION. The 50 foot standard is part of the existing code. Staff believes the roadway standards need to be revised comprehensively at a later date. Comment [tjm26]: MOVE Street naming is more of a subdivision process issue not improvements. Suggest it be moved close to the Street Vacation section of the subdivision code. TO DO Also need to amend the street naming process to include: 50% of the property owners fronting the street must apply. Also, the original name must be found to causes confusion for emergency and service providers to justify change. The existing reference to the Conditional use process is confusing. It should say, use the public notice process for major development permits. Formatted: English (U.S.)

12 (1) Residential streets should not intersect with arterial or other major streets.. (12) Corner sight distance mustshall be in accordance with subsection (cb) of this section; however in no case shall the sight distance be less than 200 feet. (23) Intersections of right-of-way lines shall not be less than 60 degrees. Intersection of construction centerlines shall not be less than 80 degrees. (34) The grade on the approach leg of an intersection shall not exceed six percent for the last 100 feet toward the centerline of the intersection and shall not exceed two percent for the final 15 30feet to the edge of the major street. The distances mustshall be measured along centerlines. The grades shall be computed on a line within the traveled way and no more less than seven feet from the centerlineedge of the roadway. (fe) Curves. Curves shall be designed to fit the use of the street and meet the required sight distance. (1) An arterial street with an alignment deflection angle of more than ten degrees shall have a centerline radius of curvature of not less than 300 feet. (2) Between reversed curves on arterials there shall be a tangent at least 100 feet in length. (gf) Cul-de-sacs. (1) Length Streets designed to have one end permanently closed shall be no more than 600 feet long and not less than 150 feet in length measured from the center of the intersection to the radius point of the turnaroundcul-de-sac. provided that T the Ddirector for minor subdivisions, and the Commission for major subdivisions, may authorize a longer or shorter cul-de-sac streets if they find that the unique characteristics of the site design considerations and site, lot layout, and surrounding street conditions warrant modification to the length. (2) Temporary cul-de-sacs Temporary cul-de-sacs will be allowed where a street can logically be extended in the near future, and if the following are met: Comment [tjm27]: MOVE and REWRITE Move to subdivision design. The text Residential streets cannot intersect with an arterial or other major streets makes no sense. You could read this to say residential streets can not intersect with a major collector street. Rewrite after more research. LAW Can the word should be used in a code Comment [tjm28]: This language (1) is too specific. It is replaced with more general wording below. Comment [tjm29]: Delete this curve criteria as well. It is more applicable to high speed roads. Stopping sight distance requirements will handle this. Comment [TM30]: Note: The Director does have the authority to modify the minimum as well as maximum length. Comment [TM31]: This is a new section of code that spells out how temporary cul de sacs will be handled. Comment [TM32]: TO DO Show a detailed drawing of a temporary cul de sac, just like the drawings for corner setbacks.

13 (A) The temporary portions of the turnaround will be shown as easements on the plat. (B) All of the cul-de-sac will be constructed to permanent roadway standards except as noted below in (C). (C) If a temporary turnaround is constructed off-site, on land outside the subdivision boundary, curb, gutter, and sidewalks are not required (D) The subdivider who extends a temporary cul-de-sac will be required to remove the temporary portions of the turnaround and reconstruct the extended roadway to current CBJ standards. (E) The CBJ will record a release of the easements for the temporary portions of the turnaround at the State recorders office at the time the turnaround is removed and the roadway is extended. (F) Easement lines for the temporary turnaround will be considered front property lines for determining building setbacks. (G) All improvements, including utilities, will be designed to accommodate the eventual extension of the roadway and reversion of the temporary turnaround to adjoining properties. (H) Temporary cul-de-sacs must be extended to as close to the adjoining property boundary as practical. (OPTION) (G) After acceptance of subdivision improvements by the CBJ, the subdivider will provide a financial guarantee to cover the cost of removal of the temporary turnaround and reconstruction of the roadway. The guarantee must be for a period of five years from the date the plat is recorded. If it is necessary to extend the roadway to the adjoining property within that 5-year period, the subdivider can complete the reconstruction, or the guarantee will be used by the CBJ for that purpose. If a right of way has not been dedicated on the adjoining property within this five-year period, which would accomplish the extension of the temporary cul-de-sac, the financial guarantee will be released. Comment [TM33]: TO DO ENGINEERING Need to note this change in construction standards somewhere? Comment [TM34]: The word practical covers the situation where it does not make sense to extend the roadway to the property boundary. Comment [TM35]: If you do not extend the street, it will just mean more cost for the next subdivider, Comment [TM36]: NOTE: This guarantee would be required along with the maintenance bond, and after the main construction bond is released. Comment [tjm37]: PLANNING COMMISSION The intent of this option is to try and deal with the issue of how the cost are shared for extension of roads that are for the purpose of serving future development. Is it equitable to place all the cost of the connection of the stub street, and/or the reconstruction of the temporary turnaround, on the next developer. An option would be to hold a bond from the original developer for 5 years for his share of the stub street and reconstruction of the cul - de sac. The bond would be released after 5 years if there is no subdivision of the adjoining property.

14 (Serial No , 2, 1987; Serial No , 8, 1995) Roadway Construction standards. (a) Urban Service Area Boundary Roadway construction requirements within the Uurban Sservice Area Bboundary as shown on the Comprehensive Plan areshall be as follows: (1) Arterials. The subdivider developeris shall not be responsible for the construction of arterial streets but may be required to dedicate the necessary right of way during the platting process. (2) Collectors. The roadway portion of collector streets mustshall be at least 32 feet wide and mustshall be constructed by the subdividerdeveloper with a paved roadway, curbs, gutters, streetlights, sidewalks on both sides of the street, and a storm drainage system whether surface, subsurface, or both. (3) OtherLocal Sstreets. Streets, other than arterials and collectors must be constructed as follows: (A) Typical. The roadway portion of local streets, other than arterials and collectors mustshall be at least 28 feet wide, and mustshall be constructed by the subdividerdeveloper with a paved roadway, curbs, gutters, streetlights, sidewalks on both sides of the street, and a storm drainage systemwhether surface, subsurface, or b.. (B) Low Density Alternative for Local accesssstreets. In areas zoned D1, D3, or RR within the Urban Service Area Boundary, the subdivider developer may choose to construct an alternative street section according to the following: local access street. (i) Standards. The A local access streetroadway portion of the low-density alternative for local streets must beshall have a roadway at least 26 feet wide, with at least 22 of those feet which shall be paved. The roadway It must include street lights, storm drainage, and at least one paved sidewalk. Comment [TM38]: [Tim: Why would we not require the developer to construct an arterial road if it is required for their development? I am not sure what our standard is for an arterial roadway width.]joe BUCK PUBLIC WORKS Comment [TM39]: Having a developer construct a section of an arterial is not a practicable way to develop an arterial roadway. Arterials are major projects that need to be constructed as a single project, not piecemeal over long time periods. Example: Bonnie Brae Subdivision. If we had made the developer build that section of the bench road app. 25 years ago, it would have fallen apart by now. Arterials are more the result of areawide traffic needs rather than a need created buy a single development. Down south, the need for an arterial could be attributed to a single large scale development thereby justifying the developer footing the bill. We did agree with Public Works to bring up the topic of "impact fees" as a way to help fund these large scale projects. Comment [TM40]: TO DO Need definitions for all types of roadways. Follow up with Mike.

15 (ii) QualificationLimitations. To qualify for thea local access streetlow-density alternative, a local street mustshall not exceed 600 feet in length. It also mustshall not directly serve or have the potential to serve a lot, or group of lots, on which more than 50 dwelling units may lawfully be constructed as estimated by the Pplanning Ccommission, in the case of major development, and the community development Ddirector, in the case of a minor development. Estimates shall be based upon the maximum development allowed in the zoning district for the area of the proposed development together with adjacent areas that could be served by the proposed street or extensions thereof. In a transition zone, estimates shall be based upon the zoning district having the higher density. (b) Outside the Urban Service Area Boundary Roadway construction requirements outside the Uurban Sservice Area Bboundary are as follows:. (1) Arterials. The developer isshall not be responsible for the construction of arterial streets but may be required to dedicate the necessary right of way during the subdivision process (2) Collectors. The roadway portion of collector streets mustshall be at least 32 feet wide with a gravel surface. (3) OtherLocal streets. (A) The roadway portion of streets other than arterials and collectors mustshall be at least 28 feet wide with a gravel surface. (B) Provided, however, the roadway portion of local streets in new subdivisions located outside the urban service boundary may be constructed to a width of not less than 24 feet provided the estimated maximum traffic to be carried by the proposed street is less than 250 ADT. The estimation of maximum traffic to be carried shall be based upon the maximum development allowed in the zoning district for the area of the proposed development and the adjacent areas that could be served by the proposed street or extensions thereof using traffic Comment [TM41]: LAW Is this word needed. Comment [TM42]: We recommend that this last sentence be deleted and rely on common sense. This is unnecessarily complicated.

16 generation rates established by the Institute of Transportation Engineers, or other recognized standard for estimating traffic generation acceptable to the City and Borough engineer. (c) Signs and Markings The developer shall install street name signs, traffic control signs and traffic control pavement markings in accordance with the approved plans and the requirements of the current issue of the Manual on Uniform Traffic Control Devices, including the current Alaska Traffic Manual Supplement, published by the Alaska Department of Transportation and Public Facilities supplement Roadway Construction Waivers (c) Waivers. The Ccommission and the Engineering Director director of the engineering department may waive the following and no other roadway construction requirements: (1) The requirement for curbs and gutters may be waived upon a determination by the director of engineering that curbs and gutters would be impractical with the drainage system specified by the engineering department. A decision by the director of engineering on drainage, curbs or gutters may be appealed to the manager. (2) The commission may waive requirements for paving, curb and gutters for subdivision of four and fewer lots in that area designated on the map identified as paving, curb and gutter waiver which is on file in the engineering department. (3) The Engineering Director commission may waive the requirement for a subdivider to install curbs and gutters in residential subdivisions of no more than four lots, if: (A) The existing street to be connected to the proposed right-of-way has no curbs or gutters; and (B) The proposed street does not exceed 200 feet in length, has no potential for extension, and terminates in a cul-de-sac. (C) Waiver of the requirement for curb and gutter will provide drainage that functions equal to or better than drainage provided by a system with curb and gutter. Comment [TM43]: PLANNING COMMISSION We recommend this exception be deleted. This exception came about for one subdivision proposal. There does not appear to be any justification for this particular reduction. For example, the code does allow for reduced road width if located in a hillside area. Public Works believes a 28 foot width is the minimum needed. TO DO The standard for roadways outside the Urban Service Area can be looked at with the review of all CBJ roadway standards. Comment [TM44]: PLANNING COMMISSION Numerous waivers have been added to the code over the years based on special circumstances. When read together they become confusing and begin to overlap each other. We are proposing to delete a number of waivers. Comment [txm45]: There is no map called paving, curb and gutter waiver. This code section used to refer to Service Area 6, but this service area no longer exists. Roadway construction standards are now based on location within or out of the Urban Service Area Boundary. Comment [TM46]: PLANNING COMMISSION Staff believes there is no particular justification for waiver of curb and gutter (Sections (1), (2), and (3)). Construction of curb and gutter is feasible in almost all cases according to our engineering consultant. In addition, streets now require sidewalks which are more practicable if accompanied by curb and gutter. However, the Public Works Director believes waiver number (3) is an acceptable. (See Comment below) If it is decided to retain this waiver, staff recommends the following revisions: "Commission" should be changed to "Engineering Director" because minor subdivisions do not go to the Planning Commission. And that criteria (C), (D) and (E) be added Comment [TM47]: [Tim: I kind of like No. 3; it seems to make sense From Joe Buck Public Works Director]

17 (D) Open ditches shall be constructed as grassy swales. (E) That a sidewalk be provided on one side of the roadway behind the ditch. (a4) If athe plat is submitted primarily for the purpose of relocating a right-of-way, the Ccommission may waivevary all or some of the construction requirements under the following conditions: (A) The existing right-of-way dedication or reservation was shown on a plat recorded before March 30, 1953, or on a conveyance from the United States of America; and (B) The proposed relocation will provide equal or betterimprove access to abutting or neighboring property not otherwise adequately served; and (C) The relocated right-of-way will conform to the other standards of this chapter; and (D) The improvements required in the new right-of-way will not be less than those in the existing right-ofway. ( b5) The Ccommission may waive the full construction of a roadway within a right-of-way that is required to provide access to a bordering property, but does not provide any required access within the subdivision. The Ccommission can require provision of a roadbed, utility line extensions, or other appropriate improvements. (OPTION) In addition, after acceptance of subdivision improvements, the subdivider must provide a financial guarantee to cover the costs of constructing that part of the roadway improvements waived by the Planning Commission in (2) above. The guarantee must be for a period of five years from the date the plat is recorded. If it is necessary to connect the roadway to the adjoining property within that 5-year period, the subdivider can complete the construction, or the guarantee will be used by the CBJ for that purpose. If a right of way has not been dedicated on the adjoining property within this five-year period, which would accomplish the connection of the stub street, the financial guarantee will be released. Comment [TM48]: TO DO Section (2) needs to be a standard rather than as an optional waiver. The responsibilities for construction of stub streets needs to be spelled out. Who will build the extension when it is needed. Comment [TM49]: NOTE: This guarantee would be required along with the maintenance bond and after the main construction bond is released. Since the 5 years start time is from the date the plat is recorded the subdivider is not penalized for bonding for the bond would be released Comment [tjm50]: PLANNING COMMISSION The intent of this option is to try and deal with the issue of how the cost should be shared for extension of roads for future subdivision development. Is it equitable to put all the cost of the connection of the stub street and/or the reconstruction of the cul-de-sac street on the next developer. 1.One option would be to hold a bond from the original developer for 5 years for his share of the stub street and reconstruction of the cul - de sac. The bond would be released after 5 years if there were no subdivision of the adjoining property.

18 (c6) If a proposed subdivision includes dedication of a right-ofway thatto extends an existing street, then in lieu of instead of meeting the full improvement standards otherwise applicable to the proposed street, the Ccommission may allow a subdivider to improve all or a portion of the existing street, as well as the proposed street, to a standard of improvement that would result in of a cost equivalent to that of meeting the full improvement standards otherwise applicable to the construction of to the proposed street; provided, curb, gutter and sidewalk improvements shall not be waived in commercial areas where pedestrian traffic is likely to occur, in commercial areas which provide parking in excess of ten spaces, adjacent to schools, or where an existing development plan requires such improvements.. The Commission shall base its decision on whether the modification of construction requirements would result in an overall benefit to the public. (7) Where a right-of-way, not necessary to provide minimum frontage and access to the proposed subdivision, is required to be dedicated for access to adjacent property, the commission may waive street construction requirements other than those applicable to roadbed design and slope erosion control. (8) For major subdivisions designated as remote subdivisions pursuant to section , the commission may: (A) Waive right-of-way improvements upon a finding that construction of the required right-of-way is unnecessary for sufficient and practical access to lots created by the subdivision and would be an unnecessary public maintenance burden. (B) Reduce required right-of-way improvements upon a finding that a lesser improvement than that which is otherwise required would provide for sufficient and practical access to lots created by the subdivision and that the developer has established a system for common maintenance of the improvements by property owners within the subdivision. (C) To the extent consistent with topography, existing easements, and the need to promote access between neighbors, require that coastal lots in remote subdivisions include a pedestrian easement parallel to the line of extreme high tide. Comment [txm51]: Delete this sentence. It is overly complicated. Let the Commission decide when to allow this waiver based on common sense. Comment [TM52]: Delete this section. This situation is addressed in section (2) above. Comment [txm53]: Why does this say only for major subdivisions? Minor subdivisions are exempt as well. Comment [txm54]: MOVE For clarification, this whole section (8) could be moved to a new location under Chapter 70, Specified Area Provisions. All the code dealing with remote subdivisions would be in one place. Put in a cross reference here (d).

19 (d) The Commission may waive roadway improvements and other construction requirements for remote subdivisions according to Section (d) Access driveways allowed in rights-of-way. The director of engineering may issue an excavating permit under chapter to the owner of a lot of record which adjoins a public right-of-way to construct an access driveway to provide vehicular access to the owner's lot. In order to issue the permit, the director must find that all of the following requirements and conditions have been met, in addition to all other applicable requirements of the City and Borough Code: (1) All lots to be served by the access driveway must be properly existing lots of record. (2) Only public rights-of-way not improved for and in use as a public road may be used for the access driveway. (3) The applicant must provide a notarized statement agreeing to and acknowledging the following: (A) That the City and Borough shall not be obligated to provide any maintenance, grading or snow plowing for the access driveway that would not be provided as a matter of course for any other driveway located on private land; (B) That the applicant and the applicant's heirs, successors, and assigns, will defend, indemnify and hold harmless the City and Borough from any claim or action for any injury, loss or damage suffered by any person arising from the design, maintenance, or use of the access driveway; (C) That the access driveway will not be blocked from vehicular or pedestrian access by the public; (D) That the City and Borough will have unimpeded access to the driveway to carry out other responsibilities not associated with subsection (e)(3)(a) of this section; (E) That the applicant will maintain the access driveway. according to the requirements and conditions established by the director of engineering in the excavation permit; and Comment [TM55]: MOVE AND REWRITE This section (Access driveways allowed in rights-of-way) is all shown in strikeout because it has been rewritten. However, comments are made discussing the problems with the existing code language. LAW Does this code section belong elsewhere? It is not part of subdivision approval or a subdivision improvements. This could be put in the Special Use section Chapter 65, and treated as a stand alone permit. Comment [tjm56]: Criteria (1) goes without saying. This is a requirement in the subdivision code section. Comment [TM57]: This notarized statement does little to notify adjoining property owners. We are suggesting in the rewrite, that the applicant place, or have placed, a permanent sign in the right of way that states that the new driveway is not a public roadway maintained by the CBJ, rather than this recorded statement. A sign is straight forward way of telling what is the status of the roadway Comment [TM58]: Items A through D are good conditions. These can be retained as conditions of approval on the permit to construct the road so they are not lost with deletion of the recorded statement. Comment [TM59]: LAW This section is problematic. It appears to indirectly put the burden for maintenance of these driveways back on CBJ? If the CBJ does not insure this condition is met then the CBJ will be responsible when problem occurs. There is no practical way for the CBJ to enforce this condition.

20 (F) That the City and Borough will record a copy of the agreement with the state recorder's office for each lot or parcel of land adjoining the segment of right-of-way in which the access driveway is to be located. (4) A permit fee, inspection fee and performance bond must be provided according to the requirements of the engineering department. In addition, the applicant must pay a one-time sign placement fee in an amount to be established by the manager. (5) No new lots may be created from the division of any parcel of land that is served by the access driveway unless the driveway is converted to a full standard public road or street or other full standard access is provided. (6) A permit for an access driveway that could serve one to four lots may be issued only after approval of the concept for the access driveway by the planning commission under the allowable use permit procedure. (7) A permit for an access driveway that could serve five or more lots may be issued only after approval of the concept for the access driveway by the planning commission under the conditional use permit procedure. (Serial No , 2, 1987; Serial No , 2, 1988; Serial No , 5, ) Access Driveways allowed in rights-of-way. A permit for the construction of an access driveway, a driveway built to less than full public roadway construction standards, may be allowed in an existing undeveloped public right-of-way according to the following: (a) Submittals The applicant must submit the appropriate application form and the following: (1)A preliminary plan and profile of the proposed roadway and any public or private utilities. The plan does not need to be of the detail necessary for construction; and (2)A letter describing the purpose of the roadway and why a substandard roadway is requested rather than a roadway built to Comment [TM60]: This item (F) does not belong in the list of things to include in a recorded document Comment [txm61]: This section talks about the applicant paying to have a street name sign put up. I don t recall if this fee has ever been collected and a sign put up as part of this permit. This requirement needs to be reconciled with a new requirement to have a sign placed that states no public maintenance of this street. Comment [TM62]: TO DO The text says serves one to four lots here and says adjoins more than 5 lots in the TPU. There needs to be one standard. Comment [TM63]: An allowable use permit is a cumbersome process for this type of proposal. We are recommending that these smaller driveway proposals be approved with an in-house permit. Comment [TM64]: The conditional use permit is also a bad fit for approving a driveway in the right of way. Criteria such as compatibility with the neighborhood, or reduction in property values, are not relevant in deciding whether a roadway should be built to full standards or at some lesser standard. LAW Can we drop the conditional use permit process and create a stand alone permit for approval? Comment [TM65]: Numbering will be revised if moved from Chapter 35. Comment [TM66]: TO DO Need to create new form

21 public standards and accepted for public maintenance. (3) The Director can require additional information or waive certain submittals according to section Application Format and Submittals. (b) Department Action The Director will forward the complete application to the Engineering and Fire Departments, at a minimum, for their comments. (c) Access Driveways Abutting 5 Lots Or Less If a proposal to construct access in a public right of way will abut 5 or fewer lots, the Director may approve a permit for an access driveway in the right of way according to the following: (1) Public Notice (OPTION 1) The Director shall notice property owners according to code section Permits, specifically Public Notice. (OPTION 2)The department shall provide the owners of property adjacent to the proposed access driveway with written notice of the application at least ten days before deciding it, and shall keep a record of all comments received within the ten-day period. If any comment gives reasonable cause to believe that the proposed access driveway would result in significant harmful impacts, the application shall be heard through the conditional use process. (OPTION 3) No public notice required (2) Findings In order to issue the permit, the Director must find that all of the following requirements and conditions are met in addition to all other applicable requirements of the CBJ Code: (A) The proposed access driveway is for a public right-of-way not improved for use as a public road. (B) The proposal does not endanger the public health safety. (or welfare). (C) Access will be improved to meet the needs for emergency response. (D) (OPTIONAL) That the proposal, taking into account any Comment [TM67]: LAW Is this language needed when it is already stated in the general permitting section? Comment [TM68]: PLANNING COMMISSION This cutoff for in house permitting can be set at any number. Comment [TM69]: PLANNING COMMISSION & LAW The question of how all in-house permits are processed needs to be decided. Public notice? Appeal of decisions, Cut offs (no. of lots etc). Comment [TM70]: This option (1) requires full Public Notice - Red signs and notice to property owners within 500 feet. Comment [TM71]: This option (2) is the type of notice we do for accessory apartments. It is somewhat confusing and causes problems for staff. We have to decide whether a neighbors complaint has merit, and then set the item for hearing. When heard the question then is what is the criteria for deciding whether the accessory apartment should be approved? If there are problems such as drainage or parking, these should be handled through the building permit. Comment [TM72]: In the case option (3), the ability to construct an access driveway, abutting less than 5 lots, would be considered a use by right. The reasoning is that a property owner must be able to obtain access to his property. The choice is between construction to the full roadway standard or a lesser standard. The Director would make the call based on the proposed findings. Staff recommends this option. Comment [TM73]: LAW Isn t the word safety good enough here?

22 previous substandard roadway permits and the future build-out of the area, does not cause the need for the road to be constructed to public roadway standards. (3) Directors Action The Director may approve the permit, approve the permit with conditions, or deny the permit. The Director must incorporate the recommended conditions of the Engineering and Fire Departments, and can require any additional conditions reasonably related to the driveway proposal. (4) Notice of decision The Director will prepare and file a notice of decision according to that includes the Directors findings and any conditions of approval. After the notice has been filed with the Clerk, a copy will immediately be forwarded to the Engineering Department. (d) Access Driveways Abutting Greater Than 5 Lots If a proposal to construct access in a public right of way will abut any portion of six lots or greater, the Commission may issue a permit for an access driveway according to the following: (1) Public Notice Public notice shall be provided according to section Permits, specifically Public Notice (2) Director Action The Director will prepare a staff report to the Planning Commission. The Director s report will, at a minimum incorporate any conditions recommended by the Engineering and Fire Departments. (3) Planning Commission Action The Planning Commission will review the proposal, staff report, and any public testimony, and can either approve the permit, approve the permit with conditions, or deny the permit. The Commission can place any additional conditions on the permit reasonably related to the access driveway proposal. (4) Findings Comment [TM74]: This criteria (D) can be added. However, it would also be resonable to assume that this is not an issue with a access driveway abutting only four lots. Comment [TM75]: LAW Should we do a NOD for in-house development permits? Comment [TM76]: Approve or issue? Comment [TM77]: LAW Can will be a substitute for shall or must in the code? Comment [TM78]: This permit is really more of a Engineering/Fire Department permit than CDD. So we are suggesting their recommended conditions automatically be incorporated in the staff report.

23 The Planning Commission, in order to approve the access driveway permit, must find all of the following: (A) That the proposal meets all the criteria listed above in section (a) (2) Findings above; and (B) That the proposal, taking into account previously approved driveway permits, the total of adjoining lots, and the potential for future development of adjacent properties, does not create the need for a publicly maintained roadway built to public roadway standards. (e) Mandatory Conditions of the Permit The following are mandatory conditions of any access driveway permit: (1) That the applicant provides the Department with a notarized statement, which states the following: (A) The applicant's heirs, successors, and assigns acknowledge that the City and Borough shall not be obligated to provide any maintenance, grading or snow plowing for the access driveway that would not be provided as a matter of course for any other driveway located on private land; (B) The applicant and the applicant's heirs, successors, and assigns, will defend, indemnify and hold harmless the City and Borough from any claim or action for any injury, loss or damage suffered by any person arising from the design, maintenance, or use of the access driveway; (C) The applicant will insure the access driveway will not be blocked from use by the public for vehicular or pedestrian access; (2) That the City and Borough will have unimpeded access in the driveway; (3) That the applicant must purchase a sign from the CBJ for placement by the Public Works Department in the right of way. This sign will convey the message that the right of way is not maintained by the CBJ. (f) Notice of Decision The Director will prepare and file a notice of decision according to section Decisions that includes the Planning Commission findings and Comment [TM79]: LAW Do we need this last phrase, the city does not work on private driveways? Comment [TM80]: This is the alternative to recording a statement at the recorders office. PUBLIC WORKS agrees with the concept of putting up a public notice sign. They suggest a 50 dollar fee. We would collect the fee and put a request into Public Works for the signs, a street name and a no public maintenance sign. PW would create a work order and place the signs where they want rather than having the applicant do the work.

24 any conditions of approval. (g) Other Requirements No new lots may be created from the division of any parcel of land that is served by an access driveway unless it is converted to a full standard public road or street or other full standard access is provided. If the access driveway permit is approved, the applicant must apply to the Engineering Department for a permit to construct the access driveway under section This application must be accompanied by final construction plans. Additional fees and bonding may be required for final plan review and inspection of the driveway and any utilities. (OPTIONAL) (h) Access Driveway Limitation A proposal to construct a driveway in a public right of way that by itself, or combined with an existing access driveway, results in any portion of 11 lots or greater abutting an access driveway, must be constructed to the applicable public roadway standards Definitions Access Driveway An access driveway is roadway that may be permitted to be constructed in a public right of way at less than full public roadway standards. The access driveway can be used by the public, although it is not publicly maintained, and can provide access to more than one parcel. An access driveway is distinguished from an ordinary driveway in that the ordinary driveway is for connecting a parcel of land to the public roadway and not for public access. (See Attachment ). ARTICLE III. WATER SYSTEM* * Cross References: Utilities, CBJ Code tit. 75. ARTICLE III. WATER SYSTEM* * Cross References: Utilities, CBJ Code tit Public Water Systems required. Comment [TM81]: LAW Is this section necessary? It is taken from the old code, but this is already stated in the subdivision code. Comment [TM82]: It would be nice to somehow combine our permit approval with that of Engineering so we don t have to have the applicant apply for two permits. LAW Can we combine these approvals into one permit? Comment [TM83]: This code section could be added to establish an upper limit for the number of lots that can abut an access driveway before the road must be built to full public road standards. It also tries to deal with the problem of piecemeal additions to an access driveway over time. Comment [TM84]: TO DO Do a drawing. Comment [tjm85]: A good portion of this section (Water System) is shown in strikeout because it has been rewritten. However, we have made comments concerning problems with the existing code.

25 For new subdivisions, the subdivider must construct a public water system that provides for daily water supply and fire protection needs, according to the following: (a) If a major development is constructed within 500 feet or a minor development other than a single-family dwelling within 200 feet of an existing and adequate public water system, the developer shall construct a distribution system and the connection thereof to the public system. The developer shall construct and pay for any increase in the size of existing public water lines and production facilities required to serve the proposed development. A public system is adequate if, in the judgment of the manager, it is feasible for the developer to make improvements to the public system which will provide the increased capacity necessary to serve the existing users and the new development at the same level provided to the existing users. (a) Applicability The subdivider must construct a public water distribution system within the subdivision, and the connection to the existing public system, according City and Borough of Juneau Subdivision Standard Specifications and Standard Details according to the following: (1) If a major subdivision is proposed within 500 feet of the existing public water system; or (2) If a minor subdivision is proposed withinproposed within 200 feet of the existing public water system. ( b ) Nonresidential Subdivisions To determine quantity and distribution requirements for nonresidential subdivisions, the subdivider will provide an evaluation by an Alaska licensed engineer and summit the written evaluation to the Engineering Director for review and approval. (c) Distance Distance is measured as the radial distance from the end of the utility main to the nearest point of the subdivision boundary. (b) If an adequate public water system is not available, the developer shall construct a community water system unless the developer has clearly demonstrated that individual wells will provide an adequate source of safe drinking water. Proposed community water systems must meet the quantity standards established in subsection (c) of this section and must be approved by the state department of environmental conservation and other agencies having jurisdiction Private Water Systems If a proposed subdivision is located at greater distances from the existing public water system as specified in section (a) above, and the subdivider chooses not to connect to the public system, the requirements for supplying water to the subdivision are as follows: Formatted: Not Highlight Formatted: Not Highlight Comment [TM86]: Confusing language. A water system is adequate if it does not degrade the level of service for existing users. But what is the standard for the new development? Is it the existing substandard level of service or must it meet current standards? The code has been rewritten to say that new development should meet current standards and not degrade the service for the existing development. Comment [tjm87]: Is there a need to repeat this language? It was put in at the beginning of the improvement section. Comment [TM88]: TO DO Put this condition in the major permit section so it can be applied to development other than subdivisions Comment [tjm89]: TO DO Will need to define public to distinguish it from a community system. Comment [tjm90]: How to measure distance has been a point of contention many times. LAW Is the term radial distance clear? Comment [TM91]: LAW MOVE? Do we need a code section on conventions, where we spell out how such things as distance are measured rather than in each code section? There is a "rules of construction section" in the definition chapter. Comment [TM92]: What does not available mean?

26 (a) Major Subdivisions For major subdivisions, the subdivider must construct a water system that supplies water for daily use, and, if located in Service Area 10, either a combined or separate water supply system for fire protection, according to the following: (1) Daily Water Use There are two acceptable options for meeting the daily water supply needs of a subdivision: (A). Community Water System A subdivider can choose to construct a community type water system, if the following requirements are met: (i). The community system must meet the quantity standards established in section (2) below. (ii) Any proposed water system must be approved by the Alaska Department of Environmental Conservation and any other agency having jurisdiction, and the subdivider must submit proof of these approvals to the Department. (iii) All improvements must meet the CBJ standards for construction of public water systems. The community system must provide a separate service to the boundary of each proposed lot. (iv) The subdivider must submit the appropriate documents to insure continued maintenance of the water system. The CBJ may review and comment on the documents, but will not be responsible for their content or enforcement. (B) Individual Wells A subdivider can also choose the option of individual wells, if the following requirements are met: (i) The subdivider must clearly demonstrate to the satisfaction of the Engineering Director through test wells, draw down tests, and other suitable methods, that the standards established in section (2) below can be met for all proposed lots. (ii) The proposed source and supply system must be approved by the Alaska Department of Environmental Conservation and other agencies having jurisdiction. Proof of the approval(s) must be submitted to the Department. (2) (c) Quanity Quantity requirements are as follows: Comment [tjm93]: This section was added to have some standard for how a community water system is to be built. Comment [tjm94]: This section was added to prevent the Thane Landing Subdivision situation where only easements were provided to the lots from a single well site. No actual water service was provided to any lots.

27 (A) Residential Use The proposed source and system for residential use must meet all applicable state requirements and must be capable of producing and delivering not less than 75 gallons per person per day and a peak hour factor of 150%. Population and development densities used for the purpose of determining system capacity shall be based on those existing in similar areas. (B) Nonresidential Use For a nonresidential subdivision, the subdivider must provide an evaluation by an Alaska licensed engineer for determining quantity and distribution requirement, and must summit the written evaluation to the Engineering Director for review and approval (3)(d) Exception for Remote Subdivisions Neither a community water system nor individual wells willshall be required in major subdivisions designated as remote subdivisions accordingpursuant to section See this section for all other requirements related to remote subdivisions (4) Water Rights The subdivider must show proof from the State of Alaska that water rights have been obtained for the source of water being proposed for use in the subdivision. (b) Minor Subdivisions Neither a community or public water system, nor individual wells will be required for a minor subdivision. Cross Reference to section (e) (1) Fire Protection Fire flow. Subdivisions located in Service Area 10, the Fire Protection Service Area, shall provide fire protection according to the following: (a) Public Water System All public water distribution systems constructed according to (a) above, and located within a development in Service Area 10 and the connection between such distribution systems and the source mustshall be sized and constructed to meet fire flow and hydrant requirements, and provide the necessary fire flows, for fire protection, without regard to the capacity of the proposed source. All improvements must be constructed according to the International Fire Code (IFC). The Engineering Director and the CBJ Fire Marshall must approve all plans. (b) No Public Water System If a proposed subdivision is located at greater distances from the existing public water system as specified in section (a) above, and the subdivider chooses not to connect to the Comment [TM95]: See from Roger Healy dated May 8, Comment [TM96]: LAW This exception could go under both major and minor subdivisions as a subset of both. There must be 50 ways to outline this section. Comment [TM97]: TO DO Need to spell out timing in the subdivision section of code. Comment [TM98]: This exception to providing water service for minor subdivisions is in the subdivision section but should be noted in this section of code, as well. Formatted: Font: Italic Comment [TM99]: This section is rewritten to say more clearly that water systems for fire protection need to be constructed and have the necessary water flow. Comment [TM100]: Existing language is confusing as to what is required. Do you have to provide the fire flows, or just size the improvements to be able to meet the fire flow without regard to the capacity of the proposed source?

28 public system, then the requirements for fire protection are as follows: (1) Major Subdivisions For a major subdivision proposed within Service Area 10, and not connecting to the public water system, the subdivider nevertheless, must construct a water supply system that will provide adequate fire protection. This distribution system must all the requirements shown in Section (a) above. (2) Minor Subdivisions For a minor subdivision, no improvements for fire protection are required as part of the subdivision approval. Fire protection requirements will be determined at the time of development of the individual lots. (e) If a subdivision creates two lots, the first of which is within 200 feet of an existing and adequate public water system and the second of which is more than 1,000 feet from the system after it is extended to the first, this section shall not apply to the second lot, provided that the property is zoned RR, D-1, or D-3 and has not previously been exempted under this subsection. (Serial No , 2, 1987; Serial No , 6, ; Serial No , 2, ) Fire flow. All water distribution systems within a development in Service Area 10 and the connection between such distribution systems and the source shall be sized and constructed to meet fire flow and hydrant requirements for fire protection, without regard to the capacity of the proposed source. (Serial No , 2, 1987) Municipal water system plan. When any part of the development lies within the boundaries of the Municipal Water System Five-Year Expansion Plan Map, dated September 9, 1987, as the same may be amended from time to time by the assembly by ordinance, the developer shall install a water distribution system within the development without regard to the proximity to the existing system or the date by which it is expected the municipal system will be available to serve the development. (Serial No , 2, 1987) Oversizing lines. When the developer is required to install connecting lines, to increase the size of existing public lines, or to install a distribution system within the development, the Director for minor subdivisions, and the Commission for major subdivisions, after reviewing a recommendation Comment [TM101]: FIRE What is the cut offs for the size of subdivision where fire protection is not required. This draft uses the cutoff between minor and major subdivision which is less than 5 lots and greater than 5 lots. Also, who maintains these system when they are not publicly owned? Comment [tjm102]: DELETE We are recommended that this section be deleted. It was used for one particular subdivision request and is very limited in applicability. Comment [tjm103]: DELETE This section of code is out of date and will be deleted. The Map being referenced has already been deleted. Comment [TM104]:. MOVE This section has been rewritten. It requires oversizing but does not prevent the subdivider from negotiating with the CBJ at the time of subdivision as to who will pay. Also, this section can be put in the beginning of this chapter so it does not have to be repeated here and in the sewer section.

29 from the Engineering Director,manager or the manager's designee may require any or all parts of such installation to be oversized if it can be reasonably believed that within the expected life of the new construction an increase in capacity will be required to serve other areas. The installation, compensation and other relevant matters shall be accomplished in the same manner as provided for oversized sewers under article IV of this chapter. Notwithstanding the requirement that the contractor construct improvements to existing systems, the manager or the manager's designee may elect to accomplish the design or construction, or both, of improvements to be made to existing public systems. In such case, the manager may require advance payment to the City and Borough of the estimated cost of work to be accomplished by the City and Borough. The City and Borough shall be reimbursed for all expenses of such design or construction not paid in advance. (Serial No , 2, 1987; Serial No , 6, ; Serial No , 2, ) ARTICLE IV. SEWERSANITARY SYSTEMS* * Cross References: Utilities, CBJ Code tit Public Sewer Systems required. (a) If public sewer facilities are available within 500 feet of the boundary of a major development, or within 200 feet of a minor development, the owner or developer shall install all necessary collectors and laterals. For new subdivisions, the subdivider must provide a public sewer system according to the following: (a) Applicability The subdivider must construct a public sewer system within the subdivision, and any necessary connections to the existing public system, according to the City and Borough of Juneau Subdivision Standard Specifications and Standard Details according to the following: 1. If a major subdivision is proposed within 500 feet of the existing public sewer system; or 2 If a minor subdivision is proposed within 200 feet of the existing Comment [TM105]: This reference to the sewer section of code is not needed. That section will be deleted because it is incomprehensible. See below. Comment [tjm106]: Is there a need to repeat this language? Comment [TM107]: TO DO Put this condition in the major permit section so it can be applied to development other than subdivisions

30 public sewer system, Distance is measured as the radial distance from the end of the closest utility main to the nearest point of the subdivision boundary. (b) If a subdivision creates two lots, the first of which is within 200 feet of public sewer facilities and the second of which is more than 1,000 feet from the facilities after they are extended to the first, this section shall not apply to the second lot, provided that the property is zoned RR, D-1, or D-3 and has not previously been exempted under this subsection. (Serial No , 2, 1987; Serial No , 3, ) Oversizing lines. When installation of oversized sewer pipelines is required by the City and Borough engineer, the shall install such sewer pipeline at the 's own expense except that in a residential development where the Planning Ccommission determines that the public interest is served by development prior to installation of public sewer service: (a) The developer may enter into an agreement with the City and Borough whereby the City and Borough, upon completion and municipal acceptance of the development sewer system, will reimburse the developer, the amount determined by the City and Borough engineer to be the difference in cost between the installed cost of the oversized sewer pipeline and the installed cost of sewer lines adequate to serve both the development concerned and all other land to be served by the sewer which is owned or under control of the developer; provided that no such agreement shall be entered into unless funds have been appropriated for this purpose by the City and Borough and the City and Borough finance department certifies there is a sufficient unencumbered balance in such appropriation. No such payment shall be made unless the developer has conveyed to the City and Borough sufficient land to ensure control by the City and Borough of connection by adjacent landowners and such conveyance has been recorded. Such conveyance shall contain the description of land to be served by the sewer, which land has been determined to be owned or under the control of the developer, and shall further contain a description of all other land which the oversized sewer pipeline is desthe City and Borough sufficient land to ensure control by the City and Borough of connection by adjacent landowners, in return for a promise by the City and Borough that it will not allow connection by such adjacent landowners unless payment is made to the Comment [tjm108]: TO DO Will need to define public to distinguish it from a community system. Comment [TM109]: LAW Do we need a code section on conventions. Same comments as the corresponding water section above. Comment [TM110]: DELETE Same comments as above for water systems. Delete ordinance exceptions that deal with one time situations, when possible. Comment [TM111]: DELETE This section dealing with oversizing utility lines is very confusing and too much process for a minor issue. See Joe Bucks comments throughout. It is being deleted and the revised text dealing with this issue is in the water section above. Comment [TM112]: [Tim: I recommend clarifying the intent of this article and rewrite the entire thing. I have great difficulty in trying to figure out what is being said here] Comment [TM113]: LAW Is promise a legal term.?

31 City and Borough of the amount to be set out in each contract, which the City and Borough engineer has determined to be the difference in cost between the installed cost of the oversized pipeline and the installed cost of sewer lines, adequate to serve both the development concerned and all other land to be served by the sewer, which land is owned or under the control of the developer. (c) No development of any land described in any conveyance pursuant to subsections (a) and (b) of this section shall be approved by the platting board or commission nor shall connection of the described lands to such sewer system be allowed by the municipal engineer until the City and Borough finance department has determined and certified to the commission, in writing, that any amounts paid to the developer under this section have been repaid to the City and Borough with interest.. (d) When connections to such oversized pipeline are made by any land subject to the requirement of repayment under subsections (a) and (b) of this section, the entire amount shall be paid; however, should such lands comprise less than the total land benefited by the oversized pipeline, the prorate share allowable to the other benefited lands may be included in an agreement as in subsection (c) of this section. (Serial No , 2, 1987) Private wastewater treatment systems. (a) If a public sewer is not available, septic tanks, leaching fields or other private sewerage facilities may be permitted, provided the state department of environmental conservation must approve all private sewerage systems and treatment plants, If a proposed subdivision is located at greater distances from the existing public sewer system as specified in section (a) above, and the subdivider chooses not to connect to the public system, then the requirements for waste treatment in new subdivisions are as follows: (a) Major Subdivisions The following methods for waste treatment in major subdivisions are acceptable: (1). Cluster Type Wastewater Treatment Systems A subdivider Comment [TM114]: [Tim: This is very confusing. It should be clarified somehow. I have a very hard time picturing how the actually works Joe Buck] Comment [TM115]: [Tim: Article (c) doesn t make any sense to me? Joe Buck Public Works Director Comment [TM116]: What does not available mean? Comment [TM117]: DEC does not approve subdivision sewage treatment systems anymore. By default this service must now be done by the CBJ.

32 can choose to construct a cluster type wastewater treatment system if the following requirements are met: (A). The subdivider must provide a report and certification by a registered, qualified engineer licensed by the state which clearly shows that the proposed cluster type system will operate satisfactorily, and how it will meet all other State and Federal standards, to the satisfaction of the Engineering Director. (B) Any proposed system must be approved by the Alaska Department of Environmental Conservation and any other agencies having jurisdiction. Proof of the approval(s) must be submitted to the Department. (C) All improvements must meet the CBJ standards of construction for public sewer systems. The cluster system must provide separate service to the boundary of each proposed lot. (D) The Director of Engineering shall review the report and make a recommendation to the Planning Commission. The Director of Engineering will not make independent findings, but will make a recommendation as to the adequacy of the methodology and the data provided in, the report. (2) On site treatment A subdivider can choose the option of onsite wastewater treatment, if all the following requirements are met: (A) The subdivider must provide a report and certification by a registered, qualified engineer or geologist licensed by the state, which clearly indicates that the proposed lots are large enough and have soil of sufficient permeability to permit the construction of approved systems for on-lot waste disposal (B) The Director of Engineering shall review the report and make a recommendation to the Planning Commission for major subdivisions. The Director of Engineering will not make independent findings but will make a recommendation as to the adequacy of the data provided in the report and of the methodology proposed for wastewater treatment. (3) If it is clearly shown that adequate soils are not available on site, the applicant can propose alternative methods for waste disposal. Alternative methods would be mound type systems or outfalls. Review and approval of a proposal must meet the Comment [TM118]: TO DO Address timing for this in the Subdivision section Comment [TM119]: TO DO Address timing for this in the Subdivision section. Comment [tjm120]: This section was added to clarify how a community cluster wastewater treatment systems need to be built. Comment [TM121]: NOTE. This is existing code language/requirement. It is being incorporated in this new code section.

33 appropriate requirements for approval as shown in Section (2) above, depending on the method proposed. (4) and provided All that the owners of a lots using one of the above-listed private sewerage facilities must obtains from the City and Borough Engineering Department, a CBJ on-site wastewater treatment and disposal system permit prior to a certificate of occupancy being issued. The requirements for obtaining a wastewater treatment and disposal system permit, and the permit fees, shall be established by regulations issued by the Manager pursuant to CBJ The property owner will also be Such regulations may required the landowner to enter into a contract with the CBJ Public Works Department or its designee for operation, monitoring, or maintenance of the private sewerage facility (b) Violation of a regulation adopted pursuant to subsection (a) of this section is an infraction. (b) Minor Subdivisions A subdivider can propose on-lot wastewater treatment for minor subdivisions if the requirements for approval of on-lot waste disposal systems for major subdivision in sections (a)(1)(a (B) above are met. FORMAT OPTION List all the standards again for minor subdivisions? (b) Minor Subdivisions A subdivider can propose on-lot wastewater treatment for minor subdivisions, according to the following: (1) The subdivider must provide a report and certification by a registered, qualified engineer or geologist licensed by the state, which clearly indicates that the proposed lots are large enough and have soil of sufficient permeability to permit the construction of approved systems for on-lot waste disposal (2) The Director of Engineering shall review the report and make a recommendation to the department for minor subdivisions. The Director of Engineering will not make independent findings, but will make a recommendation as to the adequacy of the methodology and the data provided in the report. (3) If it is clearly shown that adequate soils are not available on site, the applicant can propose alternative methods for waste disposal. Alternative methods can include mound type systems or outfalls. Review and approval of a proposal must follow the same process as shown in Section (2)(A and B) above. Comment [TM122]: STAFF Should this option (3) allowing other types of alternative waste disposal methods be available for major subdivisions? If they cant do a community system or have soils suitable for on lot disposal then I don t think other options should be made available. For example, a large subdivision with all having individual outfalls going into coastal waters Comment [tjm123]: LAW This recent code section does not take into account community waste treatment systems, which is an option available. This type of system must be in place or bonded for place, prior to lots being sold and anyone begins building. Comment [TM124]: Not all private wastewater treatment systems are on-site. If the CBJ is going to continue to allow community wastewater systems (like that in South Lena Pt. Subdivision), we recommend that CBJ oversight include them. Comment [tjm125]: LAW This section requires that the lot owner get a sewer permit before occupancy. This is not part of the subdivision process or improvements required. Does this section belong somewhere else in the code, such as the sewer code (Title 75) instead? Comment [TM126]: LAW Why does this say may? This is a requirement for major subdivisions in the regulations. Comment [TM127]: LAW Does this section apply only to major subdivisions? The regulations say only major subdivisions, but this code section does not have that limitation Comment [tjm128]: LAW Why a separate violation section here? Comment [TM129]:? STAFF Should we allow the option to have community sewer systems in minor subdivisions? It seems likely that small community type systems are sure to fail along with their homeowners association, and become a CBJ liability. I recommend NO

34 (CBJ Code , ; Serial No , 2, 1987; Serial No (b), 2, ) (Serial No , 2, 1987) ARTICLE V. DRAINAGE* * Cross References: Utilities, CBJ Code tit Drainage plan. (a) The developer shall provide a total surface drainage plan for approval by the Ddirector of Eengineering. The plan shall be prepared by a civil engineer licensed to practice in Alaska, shall show all drainage facilities, and shall include the calculated increase in stormwater runoff resulting from the proposed development as well as the runoff from the associated included drainage area. Runoff calculations shall be based on a fully developed subdivision and a 25-year storm event. The plan shall include an evaluation of existing drainage ways and structures located between the subdivision and the receiving water body and shall verify that the existing drainage ways can accommodate the increased runoff. Any improvements required due to increased flows shall be included as part of the subdivision improvements. The plan shall show all public and any required private drainage facilities in the subdivision. The developer s drainage plan must show how drainage from the proposed subdivision will outlet into established drainage channels, unless alternative drainage ways are approved by the Ddirector of Eengineering.Changes in the locations of the existing drainage outfalls from the site of the proposed subdivision will not be permitted unless approved by the director of engineering. (b) All major developments subdivisions shall be provided with private drainage easements and drainage facilities adequate to prevent increased surface or subsurface runoff to abutting properties. Any drainage improvements required by this section shall be constructed and approved prior to or at the same time as the completion of street constructioncontemporaneous with the final approval of any required streets. (Serial No , 2, 1987; Serial No , 9, 1995; Serial No , 6, ) Systems required. Comment [TM130]: ENGINEERIN G Should this requirement apply to minor subdivisions? Or is the increased runoff from a minor subdivision negligible?

35 The developer shall install all on and off-site improvements shown on the plan except as otherwise noted. (Serial No , 2, 1987) Municipal planned area drainage system (Reserved). The developer shall install that part of a municipal planned area drainage system within 500 feet of a major development, or 200 feet of a minor development, if the rights-of-way, easements or other permits necessary to construct such system part have been or will be acquired by the City and Borough prior to a date to be established by the commission. If the commission does not set a date, the date shall be six months from preliminary plat approval. If adequate easements or permits have not been acquired by the time of preliminary plat approval, the City and Borough shall immediately attempt to acquire the necessary easements or permits without cost to the City and Borough or at a cost not to exceed either fair market value or the amount appropriated for the purpose of acquiring such easements or permits, whichever is less. If the manager determines that the easement or permit will be acquired by the City and Borough before the development is developed, the developer shall deposit with the City and Borough the amount determined by the engineering department to be the applicant's fair share of the easement cost. The developer may acquire for the City and Borough the necessary easements or permits or may contribute to the City and Borough part or all of the cost of acquiring any easements or permits which the City and Borough is willing to acquire but for which adequate funds are unavailable. The commission may require the developer to make improvements to the downstream parts of the municipal planned area drainage system necessary to accommodate the drainage from the development. If the developer does not install such improvements or that part of the municipal planned area drainage system that is within the development, the developer shall make a payment in lieu thereof to the City and Borough and shall install an interim drainage system, both as prescribed by the engineering department. Payments made in lieu thereof made by a developer under this section shall be used to offset special assessments made against the property for municipal planned area drainage system improvements within the development or applied to the cost of such improvements within the development. (Serial No , 2, 1987) Easements. (a) Easements General Where easements are required, and approved, for public water systems, sanitary sewers, storm drainage facilities, or other similar public uses, the following requirements shall apply: (1) All easements must be accessible by maintenance vehicles and shall have space within the easement to accomplish maintenance, excavation, and stockpiling of material. The minimum width for a public easement that does not abut a Comment [TM131]: This section can be deleted because it is dealt with above. Comment [TM132]: This section can be removed or shown as reserved. There is no planned area drainage system. Comment [TM133]: This is a new section that provides standards for easements. ENGINEERING What about private easements (Example - Common drainage area between lots)? Do we need to add another category?

36 public right of way is 20 feet. (2) Easement surfaces shall be graded and compacted to provide a drivable surface for maintenance vehicles. (3) Where easements adjoin a public street, the Director of Engineering may require a locked gate be installed to prevent access by the public. (4) A note shall be added to the plat stating the purpose of the easement, the grantee of the easement, restrictions of use, and whether the easement is permanent or temporary. The developer shall provide and dedicate easements along any natural stream or body of water in such width as the City and Borough engineering department Planning Commission determines is necessary for widening, improving or protecting the stream or body of water. (Serial No , 2, 1987) ARTICLE VI. PEDESTRIAN ACCESS Shared Use PathwayWalkways. (a) Purpose and Need Pedestrian Shared use pathways for pedestrian and bicycle use walkways not less than eightfive feet wide may be required through blocks longer than 600 feet, or where deemed essential to provide reasonable circulation between residential areas, or to provide access to schools, playgrounds, shopping centers, transportation or other community facilities. (b) Construction Standard Shared use pathways, where required, must be constructed according to the AASHTO Bike Guide: The American Association of State Highway and Transportation Officials 1999 Guide for the Development of Bicycle Facilities Alaska Department of Transportation and Public Facilities preconstruction manual on "Bicycle Ways." (c) ROW Width A shared use pathway must be located in dedicated right of way with a minimum width of 10 feet. A wider right of way may be required if necessary to accommodate the built pathway. (Serial No , 2, 1987; Serial No , 7, ) Sidewalks. (a) The subdivider shall construct sidewalks not less than five feet wide on both sides of all streets furnished with curbs and gutters in any residential or commercial subdivision within the Uurban Sservice Aarea map as shown in the latest adopted version of Comprehensive Plan of the City and Borough of Juneau, provided that the low density alternative for Comment [TM134]: This deals with the fact that sometimes utility easements resemble driveways and are used that way. Comment [TM135]: This is the standard by AASHTO for a separated two-way pathway. Comment [TM136]: This code section was unclear if you could request a pathway for connection of residential areas. This is a basic use for a pathway. Comment [TM137]: The term commercial subdivision is not defined and causes confusion. Many industrially zoned lands have commercial development, and commercial development can be permitted in all Industrial zones. This proposed wording change makes it clear that sidewalks are required in subdivisions in the industrial zones.

37 a local access street, may be constructed with one sidewalk not less than five feet wide. (b) Waivers. (1) If the topography and lot arrangement in a residentially zoned subdivision is such that lots or property on a side of the street will not use that street for primary street access, and the commission determines that development of abutting and other nearby property will not create a need for sidewalks on both sides of the street, the commission may require a sidewalk on only one side of the street. If it grants such a waiver, it may require the remaining sidewalk to be constructed to a greater width than would otherwise be required. (2) The Ccommission may waive the requirement for sidewalks a sidewalk requirement and allow alternative pedestrian improvements to be constructed outside the right of way upon a finding that the alternative will: (A) Take advantage of natural features of the site or implement the Juneau Non-motorized Transportation Plan; and (B) Provide safety, quality, and function equivalent to the requirement being waived. NEW (Serial No , 2, 1987; Serial No , 8, ) Bike paths. Bike paths, where required, shall be constructed pursuant to the Alaska Department of Transportation and Public Facilities state department of transportation and public facilities highway preconstruction manual on "Bicycle Ways.". (Serial No , 2, 1987) ARTICLE VII. UTILITIES* Comment [TM138]: DELETE Waiver (1) was adopted to deal with a specific development proposal, and therefore, is limited in the number of situations where it applies. Waiver (2) is more general and will address situation (1) and many more, if it is modified by deleting the words outside the right of way. Comment [TM139]: This code section could be read as only allowing the waiver of one of two required sidewalks. The revised language allows the Commission the flexibility to consider other alternatives. Comment [TM140]: Waiver (2) is more general and will address many more situations if modified by deleting the words outside the right of way. Comment [TM141]: [Tim: I don t know if this is a place to bring it up, but when a development is being designed, if the sidewalks were set back from the back of curb our Street Maintenance crews would have some room to store a berm of snow during a storm. I am not advocating planting trees in this space but grass would be ok. Right now we have to store the snow on the sidewalk during a storm, but our regulations also say that the property owner has to keep the snow off the sidewalk. This does not strike me as a fair practice and makes our citizens mad each time the plow truck goes by their house. If we had 5 feet behind the curb to store snow it would be easier for the property owner to keep their portion of the sidewalk clean. Just a thought. JOE BUCK PUBLIC WORKS DIRECTOR Comment [TM142]: This section is now covered above under Shared Use Pathways. We could add some language about providing bicycle lanes in subdivision streets.

38 * Cross References: Utilities, CBJ Code tit Underground utilities. (Reserved) Cross References: Public utility transmission facilities, CBJ Code ch Provision of utilities. (Reserved) All subdivisions provide public utilities including power and telecommunications. (Serial No , 2, 1987) Definitions Director of Engineering: The Director of the Engineering Department or a designee Department: Community Development Department Director: The Director of Community Development or a designee Subdivider: The owner of the property being subdivided or a designee Urban Service Area: The area shown in the Comprehensive Plan of the City and Borough of Juneau as the Urban Service Area or Urban Service Area Boundary. Cluster Type Wastewater Treatment System; A wastewater collection and treatment system under some form of common ownership that collects wastewater from two or more dwellings and conveys it to a treatment and disposal system located on a suitable site near the dwellings. Comment [txm143]: LAW Can we regulate quasi public utilities? Comment [TM144]: ENGINEERIN G We have revised the construction plan section to require utilities to be shown on the plans. Do we need anything else? We do not have requirements to construct any private or quasi-public utilities as part of subdivision improvements. There is a separate code section that deals with undergrounding in title 62.

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