Chapter 8.14
HISTORIC PRESERVATION COMMISSION
Sections:
8.14.010 Statement of purpose.
8.14.020 Areawide designation and preservation powers.
8.14.030 Duties and responsibilities.
8.14.010 Statement of purpose.
The purposes of this chapter are:
A. To promote the general welfare by providing for the identification, protection, preservation, perpetuation and use of historic resources, districts and sites within the borough that reflect special elements of the borough’s historic, prehistoric, archaeological, cultural, architectural, or aesthetic heritage;
B. To encourage public knowledge, understanding, appreciation and use of the borough’s past; and
C. To identify as early as possible and resolve conflicts between the historic resources, districts, sites, and alternative land uses. (Ord. 05-07 § 3, 2005)
8.14.020 Areawide designation and preservation powers.
The borough shall provide for designation, preservation, protection and perpetuation of historic resources, districts and sites consistent with Alaska Statutes and Alaska Administrative Regulations on an areawide basis, excluding the city of Kotzebue. The planning commission is designated to serve as the local historical district commission and will be called the “historic preservation commission” when acting in that capacity. (Ord. 05-07 § 3, 2005)
8.14.030 Duties and responsibilities.
The historic preservation commission shall:
A. Conduct meetings in accordance with NABC 8.08.050 through 8.08.070, and provide for adequate public participation in historic preservation programs;
B. Advise the assembly in all matters pertaining to historic, prehistoric, archaeological and architectural resources, districts and sites;
C. Establish standards and procedures for the identification, designation, protection and preservation of historic, prehistoric, archaeological and architectural resources, districts and sites. The standards shall be compatible with the Alaska Historic Preservation Plan;
D. To the extent practicable, conduct and compile, or cause to be conducted and compiled, a survey and inventory of the historic, prehistoric, archaeological and architectural resources, districts and sites in the borough. The survey and inventory shall be compatible with the Alaska Heritage Resources Survey and be capable of being readily integrated into statewide comprehensive preservation planning and other planning processes. Survey and inventory documents and data shall be maintained by the borough and will be released on a need-to-know basis to planners, land managers, qualified researchers and other appropriate users; otherwise, the site location information shall be held confidential to protect the site location from possible vandalism;
E. Develop and maintain a public register of designated historic, prehistoric, archaeological and architectural resources, districts and sites within the borough;
F. Recommend to the assembly resources, districts and sites to be included in the public register;
G. Recommend to the assembly for designation as an archeological/historical district areas of unusually concentrated or culturally important historic, prehistoric, archeological, or architectural resources under Article IV of Chapter 9.28 NABC;
H. Recommend to the assembly amendments to the code addressing issues of historical preservation;
I. Recommend to the assembly historical preservation programs and site improvements to be implemented by or supported by the borough;
J. Coordinate, assist and aid in the planning of historical preservation projects in the borough;
K. Recommend to the assembly the nomination of resources, districts and sites of historical, archaeological, cultural or geographic significance in the borough eligible for listing on the National Register of Historic Places by the United States or state government, and to seek approval from city councils on recommendations regarding historic places within cities;
L. Serve as the borough’s local historical district commission for the purpose of qualifying the borough as a certified local government to review nominations to the National Register of Historic Places and for the purpose of consulting with federal and state authorities in the Section 106 review under the National Historic Preservation Act. The commission shall review all proposed National Register nominations for properties within the boundaries of the borough and may submit comments to the assembly for transmittal to the State Historic Preservation Officer. When the commission considers a National Register nomination or participates in a Section 106 consultation requiring expertise or knowledge of an area in which the commission members do not possess, the commission may consult with traditional knowledge bearers and other experts in that field before making a recommendation;
M. Review and comment on the decisions and documents (including environmental assessments, environmental impact reports, and environmental impact statements) of other public agencies when such decisions or documents may affect historic resources, districts or sites or potential historic resources, districts or sites;
N. Support the enforcement of the Alaska Historic Preservation Act, AS Chapter 41.35;
O. Cooperate with local, tribal, state and federal governments in the pursuit of the objectives of historic preservation;
P. Participate in and promote public information, educational, and interpretive programs pertaining to historic resources, districts and sites;
Q. Investigate and report to the assembly on the use of various federal, state, local or private funding sources and mechanisms available to promote historic preservation in the borough;
R. Perform any other functions that may be designed by resolution or motion of the assembly. (Ord. 05-07 § 3, 2005)
8.14.040 Designation process.
Historic resources, districts and sites shall be designated by the assembly upon the recommendation of the historic preservation commission in the following manner:
A. Initiation of Designation. Designation of a historic resource, district or site may be initiated by the commission, by any resident of the borough or by the owner of the property that is proposed for designation. Applications for designation originating from outside the commission must be accompanied by such historical and architectural information as is required by the commission to make an informed recommendation concerning the application.
B. Consultation. Before proceeding further to designate an historic district, resource or site, the commission shall consult with knowledgeable representatives of the United States Fish and Wildlife Service, the United States National Park Service or other knowledgeable professionals.
C. List. Following consultation, the commission shall publish and transmit to all interested parties a list of proposed designations and shall disseminate any relevant public information concerning the list or any historic resource, district or site contained therein.
D. Notice and Public Hearing. The commission shall schedule a public hearing on all proposed designations, whether originating with the commission or with another party. Reasonable notice of the hearing shall be given as set forth in NABC 2.32.030.
E. Commission Recommendations. After the public hearing, but in no event more than 30 days from the date set for the public hearing, the commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the assembly, setting forth the reasons for the decision.
F. Amendment or Rescission. The commission and the assembly may amend or rescind any designation of an historic resource, district or site in the same manner and procedure as are followed for designation. (Ord. 05-07 § 3, 2005)
8.14.050 Confidentiality.
Surveys and inventories are not public documents and the information they contain is exempt from requests under the federal and state freedom of information laws. The legal authority for withholding public access to this information is specified in AS 9.25.210, the Archeological Resources Protection Act (16 USC 470 hh) and the National Historic Preservation Act (16 USC 470 w-3). (Ord. 05-07 § 3, 2005)
8.14.060 Definitions.
As used in this chapter:
A. “Historic district” means a geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects, or areas, that are united by past events or use or aesthetically by plan or physical development. A district also may be comprised of individual resources that are separated geographically but are thematically linked by association or history.
B. “Historic resources” means and includes historic, prehistoric, archaeological or architectural deposits, structures, ruins, sites, buildings, graves, artifacts, fossils or other objects of antiquity that provide information pertaining to the historic or prehistoric culture of people in the borough as well as to the natural history of the borough.
C. “Historic site” means the location of a significant event, activity, building, structure or archaeological resource where the significance of the location or any archaeological remains outweighs the significance of any existing structures.
D. “National Register of Historic Places” means the listing of culturally significant buildings, structures, objects, sites, and districts in the United States. The listing is maintained by the U.S. Department of Interior pursuant to the National Historic Preservation Act of 1966, as now or hereafter amended.
E. “Preservation” means the identification, evaluation, recordation, documentation, analysis, recovery, interpretation, duration, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, or reconstruction of historic resources.
F. “Register” means a list of the borough’s designated historic resources, districts and sites. (Ord. 05-07 § 3, 2005)