Chapter 9.04
GENERAL PROVISIONS
Sections:
9.04.040 Severability/survivability.
9.04.050 Relationship to coastal management plan.
9.04.060 Rules of construction.
9.04.010 Introduction.
This title creates a unique set of land management principles and procedures. The ideas contained in this title were developed by officials and residents of the borough in many public meetings held to develop the borough’s comprehensive plan, coastal management plan and other planning studies. This title was originally enacted upon final approval of the borough’s comprehensive plan. Consistent with applicable law, procedural and administrative provisions are to be interpreted so as to be as efficient and fair as possible to all concerned. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.10.010), 1993)
9.04.020 Purposes.
This title is adopted:
A. To achieve the goals and objectives and implement the policies of the borough comprehensive plan;
B. To promote and protect the public health, safety, morals and general welfare, as well as the historic, economic, social and cultural interests of the borough’s residents, particularly as these are related to the subsistence way of life of the great majority of the borough residents;
C. To ensure future growth and development of the borough is in accord with the values of its residents;
D. To identify and secure, for present and future generations, the beneficial effects of development;
E. To identify and avoid, minimize or mitigate the adverse effects of development;
F. To ensure future development is of the proper type, design and location, and is served by a proper range of public services and facilities;
G. To ensure meaningful public involvement in permitting, planning and zoning decisions; and
H. To implement the requirements of the Borough Charter and AS 29.35.180(b). (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.10.020), 1993)
9.04.030 Geographic scope.
Unless prohibited by state law, this title applies to all private, state, borough and municipally owned lands and waters within the borough’s boundaries. It also applies to federal lands, waters, tidelands or submerged lands within the borough’s boundaries, unless preempted by federal law. This title does not apply to federally restricted townsite lots or allotments, except as may be allowed by federal law. This title does not apply to any lands within the municipal boundaries of the city of Kotzebue. Except on borough lands, a permit granted under this title does not allow activity on other lands without the further permission of the affected landowner. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.10.030), 1993)
9.04.040 Severability/survivability.
Should any provision of this title be held to be in violation of state law, the Alaska Constitution, federal law or the United States Constitution, such holding shall not affect the validity of any other provision. The enactment of this title and the repeal of its predecessor law or regulations does not release or extinguish any penalty, forfeiture or liability incurred, or any right accruing or accrued under such predecessor law or regulations. Hearings and appeals related to such matters shall follow the procedures provided in such predecessor law or regulations. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.10.040), 1993)
9.04.050 Relationship to coastal management plan.
The borough coastal management plan is based on the borough comprehensive plan as provided in AS 46.40.030. The coastal management plan has historically been the source of enforceable policies against which development affecting coastal uses or resources has been measured for consistency. Those enforceable policies are incorporated into this title by reference. Those enforceable policies, along with the statewide standards at 11 AAC 112, are the standards under which coastal consistency recommendations and determinations are made. The enforceable policies of the coastal management plan apply to all activities that undergo a coastal management review, but a consistency determination under those policies does not exempt any person from the application of stricter or more protective requirements of this title. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.10.050), 1993)
9.04.060 Rules of construction.
Within this title, the following rules and definitions apply:
A. Words used in the present tense include the past and future tense.
B. The singular number includes the plural and the plural the singular.
C. The word “person” includes a corporation, partnership, joint venture, unincorporated association, the borough, and any other municipality, tribe, public agency or other entity as well as any natural person.
D. The words “shall” and “must” are mandatory and the word “may” is permissive.
E. The words “used” and “occupied” as applied to tidelands, water areas, land, structures or buildings include “intended,” “arranged” or “designed” to be used or occupied.
F. The words “include” and “including” mean “including but not limited to.”
G. The provisions of this title shall be given a liberal construction favoring the purposes of this title, the purposes of the specific zoning districts, and the implementing standards of Chapter 9.25 NABC. In case of conflicts between standards, the more restrictive standard shall apply. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.20.010), 1993)
9.04.070 Definitions.
The definitions in this section are intended to be specific to this title. Any word or term not defined shall be used with the meaning of common or standard usage as determined by a current edition of Webster’s Unabridged Dictionary. In this title, the following definitions shall apply:
“Accessory,” applied to a use or structure, means customarily subordinate to or incidental to, and located on the same parcel with, a principal use or structure.
“Active floodplain” means any level area with alluvial soils, adjacent to streams, which is flooded by stream water on a periodic basis and is at the same elevation as areas showing evidence of flood channels free of terrestrial vegetation, or debris or fluvial sediments newly deposited on the surface of the ground or suspended on trees or shrubs.
“Activity” means “use” as defined in this section.
“Administrative approval” means a minor or a major use permit issued by the administrator pursuant to NABC 9.16.010.
“Administrator” means the borough planning director or designee.
“Aircraft” means a plane or helicopter.
“Airport” means a government-maintained public airport.
“Airstrip” means every facility for landing of aircraft other than an airport.
“Applicant” means the person who makes an application for a use under the provisions of this title, and their successors in title or interest. The term also includes the person who engages in such use.
“Approval” means a permit or other authorization required to conduct an activity regulated by this title.
“Approved mitigation plan” means a plan to address potential impacts from an activity that is either approved by the administrator or the commission.
“Archaeological survey” means an organized or systematic search for archaeological resources, or the quest for information from such resources, whether by obtrusive or nonobtrusive methods.
“Area of special flood hazard” means the land in any floodplain within the borough subject to a one percent or greater chance of flooding in any given year.
“Assembly” means the Northwest Arctic Borough assembly.
“Borough” means the Northwest Arctic Borough, Alaska.
“Borough owned or managed lands” means lands for which the borough has title or for which it has management authority.
“Bulk fuel storage” means the cumulative storage of petroleum products above or below ground in temporary containers or permanent structures: 1,500 gallons or more for the village district; 660 gallons or more for the subsistence, general conservation and habitat districts; and 1,500 gallons or more for the resource development and transportation corridor districts.
“Business day” means any calendar day, Monday through Friday, exclusive of borough holidays.
“Caribou migration” means an area where 100 or more caribou are travelling or congregating; however, during the seasonal fall period of mid-August through mid-November, extra precautions are required to avoid deflecting even small numbers of caribou (e.g., groups of five to 10) of the first caribou moving through an area because these groups/bands set trails as “lead caribou” that subsequent caribou later follow during the migration.
“Coastal area” means the area within the coastal zone boundary as defined by the Northwest Arctic Borough coastal management plan, as now or hereafter amended.
“Coastal management plan” means the coastal management plan of the Northwest Arctic Borough, which has received state and federal approval including the enforceable policies, chapters, appendices and supporting documents adopted as part of the Northwest Arctic Borough coastal management plan.
“Commercial” means uses involving the storing, wholesaling, retailing or rental of any article, service or substance for cash, trade or any form of compensation, and supporting activities, but excludes such uses when they are conducted in a dwelling unit or accessory building and are clearly subordinate to the use of the dwelling for residential purposes; provided, that:
A. The primary use and appearance of the lot and accessory building remains residential and generally conforming to the appearance of the surrounding area; and
B. Outside storage of stock or materials shall be limited to a period of 90 days in any one calendar year.
“Commercial recreation” means uses involving the commercial provision of services in support of any of the following: hiking, fishing, hunting, camping, boating, guiding, overland or water travel, or similar activities directly related to recreation. The term includes support facilities such as lodges and the activities of guides, transporters, outfitters and commercial air charters for recreational purposes.
“Commission” means the Northwest Arctic Borough planning commission.
“Communication equipment” means and includes navigational aids, satellite dishes, antennas, cell phone towers, and airport approach lighting.
“Compliance plan” means a plan developed by the administrator to bring uses and development into compliance with this title.
“Conditional use” means a use subject to permit approval by the borough planning commission. Conditional uses are listed by land use district in Chapter 9.12 NABC and by use in Table 9.12 and are approved through the process in Chapter 9.20 NABC.
“Consistency determination” means the formal finding of consistency of a proposed use with the enforceable policies of the Alaska coastal management program including the statewide standards in 11 AAC 112 and the enforceable policies of the borough coastal management plan, and is made by the state of Alaska coordinating agency pursuant to state regulations in 11 AAC 110. The definitions under 11 AAC 110.990(a)(15), and as hereafter amended, are incorporated to define this term.
“Consistency recommendation” means the formal finding of consistency of a proposed development or use with the enforceable policies of the Alaska coastal management program including the statewide standards at 11 AAC 112 and the enforceable policies of the borough coastal management plan, and is submitted by the borough to a state agency designated as the coordinating agency for a particular consistency review.
“Coordinating agency” means the state agency responsible for making a formal finding of consistency of a proposed development or use with the enforceable policies of the Alaska coastal management program including the policies of the borough coastal management plan. Where a proposed development requires a federal or state permit in addition to a borough approval, a state agency will be designated the coordinating agency; where only a borough approval is required, the borough is the coordinating agency.
“Cumulative effect” means a social, cultural, health, or environmental effect that results from incremental effect of the action when added to other past, present and reasonably foreseeable future actions. Cumulative effects can result from individually minor but collectively significant actions taking place over a period of time.
“Day” means any calendar day, including weekends and holidays. If a review deadline falls on a weekend or borough holiday, the deadline will automatically extend to the end of the next business day.
“Developed area” means a city, village or other area where receptacles for refuse and fixtures for disposing of human waste are reasonably accessible.
“Developer” means the person that owns or controls the property used for development. The term “developer” includes permittees, operators, contractors, and/or persons who are obligated to obtain a permit or approval under this title.
“Development” means “use” as defined in this section.
“Discharge” to water means the addition of any dredged spoil, solid waste, incinerator dredged spoil or solid waste, incinerator residue, sewage, garbage, sewage sludge, gray water, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.
“Elevated structure” means, for insurance purposes, a nonbasement structure that has its lowest elevated floor raised above ground level by structures including foundation walls, shear walls, posts, piers, pilings or columns.
“Emergency action” means operations necessary to avert imminent danger to human health, safety or welfare, as well as imminent damage to property, wildlife or wildlife habitat.
“Energy facilities” means a development that supports energy exploration or development activities, is used to produce, convert, process or store energy resources or marketable products, is used to transfer, transport, import, or export energy resources or marketable products, or is used for the manufacture, production, or assembly of equipment, machinery, products, or devices that are involved in an activity described in this definition. Major energy facilities include marine service bases and storage depots, pipelines and rights-of-way, drilling rigs and platforms, geophysical survey equipment, petroleum or coal separation, treatment, or storage facilities, coal bed methane facilities, shale gas facilities, liquid natural gas plants and terminals, oil terminals and other port development for the transfer of energy products, petrochemical plants, refineries and associated facilities, commercial wind generation facilities, hydroelectric projects, other electric generating plants, transmission lines, uranium enrichment or nuclear fuel processing facilities, geothermal facilities, natural gas pipelines and rights-of-way, natural gas treatment and processing facilities, and infrastructure related to gas treatment and processing facilities.
“Ex parte communication” means private communication between an interested party in a quasi-judicial proceeding (e.g., variance, conditional use permit, subdivision approval, or appeal) and a member of the body that is hearing the matter.
“Excavation” means a program of controlled, subsurface fieldwork with defined research objectives which examines, records and interprets historic, prehistoric and archaeological deposits, features and structures and, as appropriate, retrieves artifacts and other remains within a specified area of land, tidelands or submerged lands.
“Existing use” means the use or uses made of a site on the original effective date of any ordinance codified in this title.
“Facility” means a building, including a gravel pad or any other structure or improvement, that is used in association with a project.
“Feasible and prudent,” when used to modify a standard, means consistent with sound engineering practice and cost and not causing environmental, social or health problems that would outweigh the public benefit to be derived from compliance with the standard, as determined by the borough.
“Federal Insurance Administration (FIA)” means the federal division responsible for administration of the National Flood Insurance Program.
“Field” means any area within the borough boundaries that is not a state-maintained public airport or is not within the village district.
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.
“Gravel extraction” means the removal from the earth of sand or gravel including other common varieties of stone, pumice or clay not considered minerals and includes removal of materials from pits, beaches, banks and land adjacent to or beneath waterbodies. Gravel extraction is included in the terms “major resource extraction” and “minor resource extraction.”
“Great weight” means, as related to the opinions of village residents and village organizations, including traditional and contemporary local knowledge, that such opinions shall be accorded greater credibility than the opinions and findings of others on matters affecting village life, unless they are either substantially inconsistent with each other or with substantial contrary evidence.
“Hazardous materials” means and includes any pollutant, waste, element, compound, mixture, solution or other substance designated, listed or identified pursuant to the following federal statutes or regulations, including subsequent amendments to the same:
A. Section 311(b)(2)(A) of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. 1321(b)(2)(A));
B. Section 102 (42 U.S.C.A. 9602) of the Comprehensive Environmental Response, Compensation and Liability Act;
C. Section 3001 (42 U.S.C.A. 6921) of the Solid Waste Disposal Act, but excluding any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of Congress;
D. Section 307(a) (33 U.S.C.A. 1317(a)) of the FWPCA;
E. Section 112(b) (42 U.S.C.A. 7412(b)) of the Clean Air Act; and
F. Any imminently hazardous chemical substance or mixture with respect to which the administrator of the Federal Environmental Protection Agency has taken action pursuant to Section 7 (15 U.S.C.A. 2606) of the Toxic Substances Control Act. This term also includes petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas, except petroleum used for personal consumption, which amounts to 660 gallons or more stored on any premises or location.
“High water mark of record (HWM)” means a 1.5-inch-diameter metal washer attached with a lag bolt to a building or a utility pole, placed at the water level of the highest recorded flood. The washer is stamped COE-HWM and painted fluorescent red at the time of installation. An HWM may or may not be at the level of the 100-year flood.
“Ice road” or “ice pad” means a roadway or pad used for wheeled or lugged vehicles or as a winter staging area and constructed with or on frozen water, but excludes such uses as trail staking, snowmobile trails and borough-constructed ice roads.
“Land” includes water, ice, submerged land and interests therein, unless specifically excluded.
“Local government” means any borough, city or tribal government.
“Local knowledge” means information based on observation of borough residents or users of an area about physical or biological processes in the area.
“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, if such enclosure is built in accordance with Chapter 9.25 NABC.
“Major alteration” means any change that is not a minor alteration.
“Major development” means a project that involves more than 20 acres of affected surface disturbance; or having 75 or more personnel employed at the operation, whether direct employees or employees of independent contractors, in any consecutive three-month period; or a project for which a federal agency has determined would involve a major federal action that requires preparation of an environmental impact statement in accordance with the National Environmental Policy Act.
“Major resource extraction” means removal for commercial purposes of the following materials involving five acres or: saleable minerals, native vegetation (including timber), topsoil, fill, gravel and other operations having similar characteristics. The term “major resource extraction” also includes, but is not limited to, activities related to the extraction of petroleum, natural gas, coal, coal bed methane and mineral development activities.
“Major use permit” means an authorization issued by the administrator for activities with the potential for more than minor social, health, cultural, or environmental effects. Major permit uses are listed by land use district in Chapter 9.12 NABC, and are approved through the process in Chapter 9.16 NABC.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.
“Master plan” is the plan of development required with the application for rezoning to the resource development and transportation corridor districts or in any district where major resource extraction is proposed. A master plan may be prepared for an existing resource development or transportation corridor district. The approved master plan indicates the location and type of development which shall be allowed. Unless specifically allowed otherwise by the planning commission, each master plan shall be updated with an annual work plan or equivalent document, which shall be submitted for approval under NABC 9.20.030.
“Mayor” means the mayor of the Northwest Arctic Borough.
“Mineral” means a naturally occurring and commercially valuable substance, including but not limited to metals, ore, coal, salt, sulfur, rock, stone, gravel, sand, petroleum and natural gas, which is extracted from the ground.
“Mineral development” means development of facilities and facility access to extract or process minerals, which typically includes but is not limited to design, engineering and construction of facilities. The term “mineral development” includes activities that are directly associated with a mineral development project and occur in the same area permitted for the development.
“Mineral exploration” means activities to determine and define the minerals that exist in an area for future economic and/or commercial mining. The term “mineral exploration” includes but is not limited to surface trenching, geologic mapping, bulk sampling, ground and airborne surveys (other than seismic surveys), drilling, feasibility analysis, and sampling by hand, portable sluice boxes or other lightweight equipment.
“Mining” means the extraction of minerals including solids, such as coal and ores. The term “mining” also includes quarrying; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine site or as part of a mining operation.
“Mining operation” means the development, construction or reclamation of a mine, including associated infrastructure, or the exploitation or extraction of a mineral commodity from its occurrence on or in the earth, or the operation of a mine. The term “mining operation” includes open pit mining, placer mining, underground mining, and the disposal of refuse, tailings or waste rock from any such operation. The term “mining operation” also includes transporting, concentrating, milling, evaporating and other on-site processing. The term “mining operation” does not include off-site smelting, refining, cleaning, preparing, transportation or other surface operations not conducted on the affected surface.
“Minor alteration” is a change to an approved or existing use which will not significantly affect the environment, or have only minimal effects over and above those originally approved or requested.
“Minor resource extraction” means removal for commercial purposes of the following materials involving less than five acres of surface disturbance, saleable minerals, native vegetation (including timber), topsoil, fill, sand, gravel, rock, or other operations having similar characteristics. The term “minor resource extraction” does not include activities related to a major development project and it does not include placer mining.
“Minor use permit” means an authorization issued by the administrator for activities with expected minor social, health, cultural, or environmental effects. Minor permit uses are listed by land use district in Chapter 9.12 NABC, and are approved through the process in Chapter 9.16 NABC.
“Natural hazards” means natural processes or adverse conditions that pose a threat to life, property or the environment or pose such a threat after disturbance. The term “natural hazards” includes flooding, earthquakes, active faults, tsunamis, landslides, volcanoes, storm surges, ice formations, snow avalanches, erosion, wildfire, and melting permafrost.
“Natural person” means a real human being.
“New construction” means structures for which the “start of construction” commenced on or after March 29, 2005.
“Nonconformity” means a parcel, structure, use or portion thereof, which was lawfully altered, erected or maintained, but no longer conforms to the provisions for the zoning district in which it is located and as further described in NABC 9.08.075.
“Off-road travel” means the off-road operation of vehicle(s) related to a project subject to this title.
“Ordinary high water mark” means the nontidal portion of a river, lake or stream up to which the presence and action of the nontidal water is so common and usual so as to leave a natural line or mark impressed on the bank or shore as indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics.
“Parcel” means the tract of land or water on which use occurs or is intended to occur. “Parcel” also includes the words lot, plot, site or tract.
“Person” means a human being, corporation or municipality.
“Placer mining” means all operations recovering gold from alluvial deposits other than recreational placer mining.
“Planning commission” means the Northwest Arctic Borough planning commission.
“Project” means any use that requires a permit under this title.
“Prospecting” means the process of seeking minerals or other valuable natural resources, and occasionally removing sample minerals as part of the discovery and claim staking process. This may include but is not limited to water, sediment or gas sampling and ground surveys. The term “prospecting” includes only those activities which cause no or very little surface disturbance and which use limited mechanized earth-moving or drilling equipment which will not penetrate the tundra or submerged lands to a depth of more than 50 feet.
“Public facility” is a park, building, road or structure owned or used by a federal, state, municipal, tribal or other local government agency, school board or utility company.
“Public notice” means a notice that is published according to the procedures in NABC 2.08.030(C).
“Public review” means a review of a permit application that involves a public notice and an opportunity for public comment.
“Recreational” means any temporary activity undertaken primarily for pleasure as distinguished from commercial or commercial recreation activities. It does not include permanent construction but may include temporary construction, such as tent platforms and lean-tos.
“Recreational mining” means the recreational activities by individuals (not corporations, limited liability corporations or licensed businesses) using hand tools and panning with no mechanized earth-moving equipment except use of small-scale, mechanized, in-stream equipment, such as suction dredges with an intake line of six inches or less in diameter, powered by an engine of 18 or fewer horsepower. Recreational mining may include the use of sluice boxes and portable jigs.
“Residential” means a use involving the occupation of a building or structure for living, cooking, sleeping and accessory uses other than on a temporary basis.
“Significant adverse effect” means a material, negative alteration, impact, or disturbance of a natural resource or use.
“Structure” other than for NABC 9.25.020(O) means anything which is placed, constructed, erected or located on or under the ground, or attached to something fixed to the ground, such as a floating structure anchored to submerged ground, regardless of size, purpose or whether it is temporary or permanent, including, but not limited to:
A. A building;
B. A tower, antenna, pole or similar structure;
C. Drilling or excavating apparatus, pipeline, pump stations, conveyor belt or similar structure;
D. A foundation, or gravel pad;
E. A street, road, ice road, ice pad, parking area or storage area; or
F. Staging areas for landing barges.
“Structure” for the purposes of NABC 9.25.020(O) means a walled and roofed building including a gas or liquid storage tank that is principally above ground.
“Subsistence,” in addition to its meanings under state or federal law, means an activity performed in support of the cultural beliefs or nutritional needs of the residents of the borough and includes hunting, whaling, fishing, trapping, camping, food gathering and other traditional or cultural activities. The term “subsistence” includes preparation for and transportation to and from the activities listed in this definition. The term “subsistence” also includes construction and use of drying racks, traditional shelters and other small-scale, traditional structures. It does not include construction for residential, equipment storage, equipment maintenance, warehousing or similar purposes.
“Substantial improvement” means for the purposes of Chapter 9.25 NABC any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds 50 percent of the market value of the structure.
“Temporary use” means use of less than 30 consecutive days.
“Title” means NABC Title 9, the comprehensive plan, and their implementing regulations, standards or procedures.
“Traditional knowledge” means knowledge based on oral tradition or personal knowledge of elders, hunters, gatherers, whaling captains and others amongst and including the Inupiat people and other borough residents, about the culture and history of the people of the Northwest Arctic Borough and the natural environment, including, but not limited to, knowledge of subsistence habits, uses, and traditions, wildlife, flora, fauna, land, sea, water, air, and ecosystem conservation.
“Transport” means the carriage of persons to, from, or in the field.
“Transporter” means a person or business that provides transportation services and/or accommodation services to sport, recreational and/or big game hunters in the field or at a lodge, house, cabin, or a boat with permanent living quarters on salt water.
“Tribe” or “tribal” means of or related to a village government organized traditionally or under the Federal Indian Reorganization Act (“IRA”) and which is recognized by the federal government as eligible for services provided to Native Americans because of their status as Native Americans.
“Trip” means the drop-off and pickup of the same person or persons; if only one-way transportation is provided, the transport is one-half of a trip.
“Undeveloped area” means an area where receptacles for refuse and fixtures for disposing of human waste are not reasonably accessible.
Use.
A. “Use,” except where excluded, means and includes any significant activity on a parcel of land, including but not limited to the following:
1. Construction, reconstruction, relocation, placement or alteration of a structure;
2. Change in the use or material increase in use of a site, including any structure thereon;
3. Disturbance of the surface of the land. Disturbance includes dredge or fill activities; creation of an equipment or material storage site, or tailing pile; creation of a refuse pile, dump or landfill; creation of a reservoir, settling or evaporation pond, reserve pit or leach field; hard rock or placer mining; or seismic exploration;
4. Activities directly related to minor or major resource extraction;
5. Off-road travel for new development; or
6. Transporter activities.
B. The following are specifically excluded from the term “use”:
1. Subsistence, including access, travel and the construction or placement of small-scale, traditional structures such as ice cellars, drying racks, shelters and hunting blinds, if in furtherance of subsistence activities, so long as such activities do not jeopardize archaeological resources. Subsistence does not include construction for residential, equipment storage, equipment maintenance, warehousing or similar purposes;
2. Uses approved by the borough prior to the effective date of this title; provided, that such uses are not expanded in scope or otherwise materially changed from the use previously approved;
3. Transfer of title, sales, leases or exchanges of land;
4. Emergency actions under NABC 9.16.040;
5. Off-road travel for the maintenance of existing or approved development;
6. Noncommercial recreational use involving 10 people or less. Such use does not include permanent construction;
7. Residential use in the village district other than multifamily housing and construction of housing in flood-prone areas subject to NABC 9.25.020(O);
8. Uses allowed pursuant to a master plan for the resource development and transportation corridor districts;
9. General land management functions including trespass abatement and enforcement, surveying, property inspection, maintaining and securing property, and seasonal camps used only for land management;
10. Airport uses, other than planning, siting and construction activities, conducted on state-maintained airports;
11. Nonconformities as described under NABC 9.08.075;
12. Commercial fishing, except for construction of other than temporary structures;
13. Movement of bulk fuel in the village district for village needs;
14. Snow disposals except in the village district;
15. Recreational mining; and
16. Activities hereafter excluded by resolution of the planning commission.
“Use permit” means a permit for a minor or major use issued by the administrator under the provisions of NABC 9.16.010.
“Utility substation” means a subsidiary station of an electricity generation, transmission and distribution system or a subsidiary station for the distribution of gas, water, and sewage.
“Village” means the communities of Ambler, Buckland, Deering, Kiana, Kivalina, Kobuk, Noatak, Noorvik, Selawik and Shungnak.
“Village area of influence” or “area of influence” means the area outside a village which is used in common by some or all of the residents thereof for subsistence, transportation, public facilities or other purposes, as determined by the administrator based on the best available evidence. In no case shall the village district of one village be considered to be within the area of influence of another village.
“Village council” means the city council of incorporated cities and the IRA or traditional council of both incorporated and unincorporated villages.
“Water or sewer utility” means a system for transmission and/or treatment of sewer or water for 20 or more residential, commercial or government buildings.
“Wetlands” are areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term “wetlands” includes, but is not limited to, swamps, marshes, bogs, and similar areas. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.20.020), 1993)
9.04.080 Effective date.
The ordinance codified in this title shall become effective on March 26, 2011. It shall be applied to all planning, zoning, coastal management consistency and similar decisions made from that day forward, but excluding decisions made on pending applications or matters. Pending applications or matters shall be administered and adjudicated according to borough ordinances, policies and standards in effect at the time the application was submitted or the matter arose. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.10.060), 1993)