A. 
The planning commission shall be responsible for preliminary and final review of minor subdivision plats, platting variances, vacation of streets, and waivers of subdivision regulations subject to review by the assembly. The planning commission shall be responsible for review and recommend approval of major subdivisions and planned unit developments for action by the assembly.
B. 
The planning commission shall either deny, approve, or approve with conditions (recommended or required) the preliminary or final plat within 90 days of the submission of a completed application by the applicant. The applicant may request, in writing, a delay in commission action that would stop this process.
C. 
The planning commission may waive any or all improvements and requirements except for the preparation, submission for approval and recording of a plat upon proof that:
1. 
Legal access to each tract or lot within the subdivision exists over a street or access easement of at least 20 feet;
2. 
The subdivision will create no more than four parcels;
3. 
No dedication of a public right-of-way, public easement, or other public area is required;
4. 
Proof has been submitted demonstrating that adequate utility easements are provided;
5. 
The outside corners of each lot are marked and at least two outside corners of the whole subdivision tract are monumented and referenced to publicly recorded survey markers.
(S.G.C. 21.52.010; Ord. 03-1729 § 4, 2003)
The borough assembly shall have final approval responsibilities for major subdivisions and planned unit developments and shall be responsible for appeals of planning commission approval actions.
(S.G.C. 21.52.015; Ord. 03-1729 § 4, 2003)
A. 
The municipal administration shall be responsible for preapplication and application management; technical reviews; coordination of planning commission and assembly hearings including appeals.
B. 
Within 15 working days after obtaining all certificates of approval of the plat and after the 10-day appeal period, the administration shall file the final plat in the Sitka recording district.
C. 
The municipal administrator may grant no more than two six-month extensions to the deadline for recording final plats if the applicant proves that a good-faith effort to complete required conditions of the approval is being made.
D. 
The municipal administrator may waive any plat submission requirements as long as all the requirements of the final plat are met prior to the recording of the plat. In the event one or more plat submission requirements are waived, all the information necessary for full public, planning commission, and assembly review shall still be provided.
(S.G.C. 21.52.020; Ord. 03-1729 § 4, 2003)
The planning commission shall take formal action by voting on a motion to approve or recommend approval of an application. The decision and/or recommendation shall be recorded in the minutes prepared by the secretary to the board. The action shall include findings of fact supporting the decision, based upon the application, technical review, public comments, and the record of the public hearing.
(S.G.C. 21.52.030; Ord. 03-1729 § 4, 2003)
A. 
All subdivision approvals under this title shall be subject to public notice.
B. 
The administration, after determining that the submitted application is complete, shall be responsible for issuing public notices.
C. 
Forms of notice.
1. 
Publication in a newspaper of general circulation in the borough at least five calendar days before the public hearing.
2. 
Mailing at least five working days before the public hearing to all record owners of property within a distance of 300 feet of the exterior boundary of the property that is the subject of a major subdivision and planned unit development application; and within 150 feet of the exterior boundary of the property that is the subject of a minor subdivision, replat, and zero lot line application. The notice shall be mailed by first class mail to the owner of record of the property at the address as stated in the current property tax records of the municipal assessor.
D. 
Every notice required by this section shall state the date, time, and location of the public hearing, a description of the action requested, a description of the property that is the subject of the application, and the names of the applicants and owners of the subject property.
E. 
From the time of filing an application or an appeal all plans, data, and other supporting material shall be available for public inspection at the planning department.
F. 
The failure of any person to receive any notice required by this section shall not affect the validity of any proceeding under this chapter.
(S.G.C. 21.52.040; Ord. 03-1729 § 4, 2003)
The planning commission shall hold public hearings on all subdivision application requests. Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision or recommendation. The chair shall open the public hearing and, in general, observe the following sequence of events:
A. 
Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
B. 
Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant.
C. 
Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion.
D. 
Rebuttal, response or clarifying statements by the staff and the applicant.
E. 
The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it.
(S.G.C. 21.52.050; Ord. 03-1729 § 4, 2003)
A. 
The planning commission may reconsider decisions upon petition of any aggrieved person, filed within 10 calendar days after the date of the decision, or, on its own motion. If the plat approval is denied or the applicant is not satisfied with the conditions placed on the plats the matter shall be reconsidered by the planning commission unless the applicant files an appeal directly to the assembly.
B. 
The assembly may reconsider decisions only if it finds any of the following:
1. 
That there was a clerical error in the decision;
2. 
The decision resulted from fraud or mistake;
3. 
New evidence or a change in circumstances is discovered;
4. 
The application was rejected by a tie vote.
C. 
The planning commission shall review the petition, and decide whether to reconsider the matter. Additional evidence shall be necessary to support reconsideration. If the petition is granted, the planning commission then shall decide the matter or set the matter on its agenda for rehearing. The decision of the planning commission on reconsideration shall be final, subject to appeals to the assembly.
(S.G.C. 21.52.060; Ord. 03-1729 § 4, 2003)
Planning commission decisions authorized under this title may be appealed by the applicant, any person adversely affected by the decision, any governmental agency that has previously submitted comments on the issue, or any member of the assembly or planning commission.
(S.G.C. 21.52.070; Ord. 03-1729 § 4, 2003)
A. 
A decision of the planning commission is final unless an appeal is filed within 10 calendar days after the planning commission’s final action, including reconsideration.
B. 
Any appeal shall be filed with the municipal clerk in writing, specifically stating the reason for the appeal and the relief sought.
C. 
Upon commencement of an appeal, the subject decision is stayed until the decision on appeal becomes final.
(S.G.C. 21.52.080; Ord. 03-1729 § 4, 2003)
A. 
The municipal clerk shall schedule the appeal hearing, mail notice of the appeal, and prepare the appeal record.
B. 
All persons listed in the record shall receive notice of the appeal hearing. The notice shall include the appellant’s notice of appeal, state the date of the appeal hearing and that written argument supporting or opposing the appeal may be submitted by persons who are not able to be present at the hearing.
(S.G.C. 21.52.090; Ord. 03-1729 § 4, 2003)
A. 
The public hearing on the appeal shall occur at the first available regular assembly meeting and that occurs at least 10 days after the filing of the appeal unless the planning commission, the applicant, or the assembly requests it be heard at the next following regular meeting.
B. 
A full rehearing shall occur, with all parties presenting whatever evidence is relevant with opportunity to make argument, unless the assembly elects to make its decision only on the record as to evidence, considering only the arguments of those opposing or supporting the appeal.
C. 
Every decision of the assembly shall be based upon adopted findings and conclusions which should be reasonably specific so as to provide the applicant, community and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. The assembly may refer the matter back to the planning commission to develop additional findings and conclusions.
(S.G.C. 21.52.100; Ord. 03-1729 § 4, 2003)
The assembly may exercise its independent judgment on legal issues raised by the appellant. Legal issues are those matters that relate to the interpretation or construction of ordinances or other provisions of law.
(S.G.C. 21.52.110; Ord. 03-1729 § 4, 2003)
Any person aggrieved by a final decision of the assembly under this chapter may appeal that decision to the superior court. An appeal to the superior court shall be heard solely on the record created before the assembly and the planning commission.
(S.G.C. 21.52.120; Ord. 03-1729 § 4, 2003)
A. 
The owner or agent of the owner of land located within a subdivision who offers to sell, transfers, sells or enters into a contract to sell land in a subdivision before a plat of the subdivision has been prepared, approved and recorded in accordance with this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500.00 for each lot or parcel offered for sale, transferred, sold or included in a contract to be sold. This subsection does not apply to any government or governmental agency, federal, state or municipality, that is exempt by AS 34.55.042 from such penalties and subdivision requirements.
B. 
No person may record a plat or seek to have a plat recorded unless it has been formally approved by the city and borough. A person who violates this subsection is punishable upon conviction by a fine of not more than $500.00.
C. 
The city and borough of Sitka or any aggrieved person may bring a civil action to enjoin any violation of this title, any transfer or sale of an unlawfully subdivided parcel, the violation of the planning commission or the assembly pursuant to this title issued, and the violation of any term or condition of any plat or other entitlement approved under this title, and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation.
(S.G.C. 21.52.130; Ord. 03-1729 § 4, 2003; Ord. 10-05 § 4, 2010)
The assembly shall adopt a schedule of fees for plat, variance, and vacation applications, and for appeals under this title. Specifically, fees shall be set for:
A. 
All subdivision plat applications;
B. 
Platting variance;
C. 
Street or other dedication;
D. 
Vacation and appeals;
E. 
Planned unit development;
F. 
Boundary survey application;
G. 
Subdivision replat.
(S.G.C. 21.52.140; Ord. 03-1729 § 4, 2003)