Chapter 8.12 PLANNING POWERS

Chapter 8.12
PLANNING POWERS

Sections:

8.12.030 Delegation of planning, platting and land use regulation authority.

8.12.010 Areawide planning powers.

Borough shall provide for planning, platting and land use regulation consistent with Alaska Statutes. (Ord. 86-02 § 2, 1986; Code 1986 § 8.01.010)

8.12.020 NANA CRSA plan.

A. The mayor shall provide formal notification to the NANA coastal resource service area board indicating that the borough as of October 1, 1986, will conduct the coastal management program.

B. Northwest Arctic Borough Coastal Management Program. There is adopted the Northwest Arctic Borough Coastal Management Program which is dated December 7, 1989, amended October 27, 1997, and approved by both the State of Alaska Coastal Policy Council and the Federal Office of Coastal Resource Management.

C. Significant amendments of the Northwest Arctic Borough Coastal Management Program shall be approved by resolution of the borough assembly prior to submission and approval of the Alaska Coastal Policy Council. Following approval of such amendment by the council, the assembly shall by ordinance approve such amendment. (Ord. 97-07 § 2, 1997; Ord. 89-22am1 § 1, 1989; Ord. 86-02 § 2, 1986; Code 1986 § 8.01.020)

8.12.030 Delegation of planning, platting and land use regulation authority.

A. Subject to the provisions of this section, municipalities within the borough may exercise planning, platting and land use regulation authority within their jurisdiction.

B. The borough is responsible for management of the Coastal Zone Management Program.

C. The borough is responsible to include the comprehensive plans of municipalities within the borough assuming these powers with the borough comprehensive plan. However, such municipal comprehensive plan shall be consistent with the Northwest Arctic Borough Coastal Zone Management Program.

D. Municipalities within the borough assuming these powers shall provide the borough quarterly reports on the municipalities’ exercise of these powers which at the minimum shall include:

1. All minutes of planning commission meetings and minutes of city council meetings where actions regarding these powers have occurred;

2. Any plans, approvals, resolutions and ordinances which have been adopted by the planning commission or the city council regarding the implementation of these powers;

3. Any other information related to the exercise of these powers by the municipality.

E. Subject to the above provisions and an ordinance from the affected municipality accepting these provisions, the borough authorizes the following municipalities to exercise these powers:

1. The city of Kotzebue. (Ord. 89-21 am1 § 1, 1989; Ord. 86-02 § 2, 1986; Code 1986 § 8.01.030)

8.12.040 Village planning committees.

A. Municipalities and unincorporated communities within the borough that have not been delegated planning, platting and land use regulatory authority under NABC 8.12.030 may form a village planning committee (VPC) under the provisions of this section.

B. Each VPC shall consist of seven members, two of whom shall be city council members and two of whom shall be tribal council members and three of whom shall be at large members not concurrently seated on any village council. The respective councils choosing to participate shall appoint the tribal and or city council members of each VPC. The Northwest Arctic Borough mayor shall appoint the at-large members after soliciting letters of interest from each community. In the event that a village has only one participating council, the VPC shall consist of three members from that council and four members at large. Alternate members may be appointed as determined necessary by the appointing authority to serve in the absence of any member. Alternate members shall have the same qualifications, rights and responsibilities as a member.

C. VPC members and alternates serve on the VPC at the pleasure of the appointing authority and shall be appointed or reappointed every three years as nearly as practicable for staggered terms during the normal reorganization process of each appointing authority. In no case shall a VPC member or alternate appointed from a city or tribal council serve on the VPC longer than their term on the council that appointed them. In case of any conflict over the term of service of any VPC member or alternate, the mayor of the Northwest Arctic Borough shall have the authority, upon the request of the appointing authority, to terminate or otherwise determine their term of service.

In the event a VPC member or alternate resigns or their term otherwise ends early, the appointing authority shall appoint a replacement for the remainder of their term. VPC members and alternates shall have no contract, employment or other rights to VPC membership.

D. Each VPC may develop its own bylaws or other internal rules of procedure, but a quorum of each VPC shall consist of not less than a majority of the members actually seated on the VPC.

E. Village planning committees are advisory committees to the borough for platting, planning and zoning purposes. They shall also serve as advisory committees to local village councils regarding community planning issues, including but not limited to, village comprehensive plans.

F. Village planning committees may not sue, approve permits or take any other official action unless specifically authorized by the Northwest Arctic Borough Code.

G. Each VPC shall keep minutes and may otherwise report on their activities. Copies of all VPC minutes and reports shall be forwarded monthly to the Northwest Arctic Borough planning director.

H. Village planning committees shall, subject to borough appropriations, be eligible for annual borough planning grants to defray the cost of VPC participation in borough planning activities. To be eligible for an annual planning grant a VPC must meet the following minimum criteria:

1. Demonstrate proper appointment of VPC members;

2. Submit an annual budget for expenditure of grant funds; and

3. Demonstrate existence of a system for proper accounting of grant funds. (Ord. 09-05 § 1, 2009; Ord. 04-05 § 1, 2005)