A. There shall be constructed road access originating from a state-maintained roadway or a roadway previously approved for access under criteria established by this or prior titles to the boundary of the subdivision. The constructed road shall be within legal access as defined in this chapter. For the purposes of this title, if an established road exists and is proposed for access to the subdivision, it will be deemed constructed if it is a state-maintained roadway; if the roadway has been previously approved by the borough engineer in accordance with this or former titles; or if it meets the requirements of this subsection.
2. If an established road exists and has not been previously approved by the borough engineer, it will be deemed constructed if it meets all of the following;
a. In the professional opinion of the borough engineer, it is adequately drained;
b. In the professional opinion of the borough engineer, the road bed is of stable material;
3. If no constructed road exists to the subdivision or if the road to the subdivision does not meet the requirements of this section, all new construction must comply with the standards required in this chapter for minor collectors.
B. All lots within the subdivision shall have road access constructed to the standards required by this title and shall be constructed within a public right-of-way or public easement, unless exempted in this chapter.
C. The platting board may require higher minimum standards within Fairbanks North Star Borough road service areas provided the higher standard is commensurate with that of the majority of roads constructed within the service area in which the subdivision is being developed.
D. Road construction must be built taking into account the conclusions/recommendations based on the typical roadway cross-sections.
E. If the standards as contained herein are impractical because of terrain, soil characteristics, or drainage, the borough engineer may recommend to the platting board alternate designs when substantiated by a design analysis prepared, signed and sealed by the applicant’s registered professional. Any alternate geometric design shall be in accordance with sound engineering principles and meet AASHTO/ITE guidelines or applicable federal, state or local standards.
G. The owner shall warrant and guarantee that the required improvements will remain within the specifications of this title for a period of two years after final plat approval or approval by the borough engineer, whichever is later, and agrees to make all repairs necessary to meet those requirements during that two-year period. This guarantee shall be enforceable by municipal action or by private action by any lot owner within the subdivision.
2. The duration of the warranty period may be extended for up to one year after completion of repairs or modifications made during the warranty period.
3. A surety in the amount of five percent of the borough engineer’s cost estimate of the required improvements shall be provided at the time of final plat and shall be in effect through the warranty period, and, if necessary, for additional time for repairs necessary to meet the specifications of this title.
4. If defects or damage are discovered during the two-year period beginning from the date of final plat approval, or engineer approval as applicable, the borough shall notify the subdivider of the deficiencies to be corrected. In the event the subdivider fails to correct such deficiencies within 60 days or if the deficiencies constitute a public health and safety hazard, the borough may take the following remedial actions:
a. Seek an equitable order requiring the subdivider to correct the deficiencies;
b. Draw on the surety to correct the deficiencies, reserving the right to proceed against the subdivider for any insufficiency in the amount of the surety;
c. Make any repairs or corrections deemed by the borough to be essential to public health and safety and to proceed separately against the subdivider and/or the surety for the cost of the repairs or corrections;
d. The remedies set forth in this subsection are cumulative; provided, that it shall not be construed to allow the borough to recover more than the cost of curing the deficiencies, together with such costs, attorneys’ fees and penalties as may be imposed through the court system.
5. If, at the end of the two-year warranty period, the borough has found no deficiencies in the improvements, the borough shall release the surety. If at the expiration of such period there are one or more outstanding notices to the subdivider, the borough may retain the surety until the deficiencies identified in the notice(s) have been corrected. (Ord. 2019-01 § 6, 2019.)