Chapter 9.16
ADMINISTRATIVE APPROVALS
Sections:
9.16.006 Applications and preapplication meetings.
9.16.010 Use permit approval process.
9.16.020 Permit approval criteria.
9.16.005 Permits required.
Applicants for any “use” defined in NABC 9.04.070 within the borough must receive a permit from the borough prior to commencement of activities associated with the use. (Ord. 10-14, 2011)
9.16.006 Applications and preapplication meetings.
A. Preapplication Meetings. Applicants for major projects are encouraged to schedule a preapplication meeting with the planning department to discuss the project and its impacts. The administrator may require a preapplication meeting for major projects or for projects requiring a federal environmental impact statement.
B. Application Submittal. All applications for permits must be complete, signed and accompanied by the applicable fee before the borough can accept the application. Electronic signatures are acceptable.
C. Complete Application. An application is complete when it contains all of the information necessary to determine if the development will comply with this title including information required in subsections (D) and (E) of this section.
D. Information Required. Subject to provisions in subsection (E) of this section, an applicant shall furnish the administrator with the following data and information:
1. A detailed description of the proposed activity, including associated facilities, and location of project activities;
2. Maps, diagrams, technical data and other relevant material if the written description alone will not adequately describe the proposal;
3. A reclamation plan, if required by the administrator, meeting the requirements of NABC 9.25.020(H)(6);
4. For major or minor mineral extraction, gravel extraction, mineral development, mineral exploration or mining, contour maps or illustrations, and a mining plan as required by the administrator, depicting the extent of the proposed use; and
5. Copies of applications submitted to and/or permits granted by federal or state agencies and/or landowners.
E. Exceptions. The administrator shall decide the form and type of information required for each type of application, and may, when a particular application warrants, authorize less or require more information than normally specified. (Ord. 10-14, 2011)
9.16.010 Use permit approval process.
A. Determination of Completeness. Except for a major use permit, the administrator shall determine if the application is complete and the submission requirements are met and shall notify the applicant about the status of the application within 20 business days of receipt of the application. If the requirements are not met, the administrator shall notify the applicant that the application is incomplete and what information or modifications are needed to make it complete. If the administrator fails to act on the application within 20 business days, the application shall be considered complete. If the proposal requires a coastal management consistency determination by a state agency, or if additional information is necessary to find the application complete, the administrator may extend the period for processing the application upon notice to the applicant, even if the deadlines otherwise required by this section have expired.
B. Minor Use Permits.
1. If the application is considered complete for a use that qualifies as a minor use permit as described in NABC 9.12.020 through 9.12.070, the administrator may issue a permit without public review of the permit application. The administrator may place reasonable conditions on the permit to ensure the use will occur harmoniously with other activities occurring or allowed in the district and with adopted borough policies. Except for complete applications for a major development project, or for a project subject to a coastal management consistency determination, if the administrator fails to act on an application for a use or uses that may be approved by a minor use permit within 10 business days after received, the application shall be deemed complete and considered administratively approved and a minor use permit shall be issued on demand. Prior to the expiration of 10 business days, the administrator may elevate the review to a major use permit or conditional use permit using the procedures outlined in NABC 9.16.030 or the administrator and the applicant may mutually agree to extend the review for a time certain.
C. Draft Major Use Permits. If the application is deemed complete for a major use permit, the administrator shall within 15 business days of acceptance issue a draft major use permit for review and comment.
1. Public Notice. The administrator shall mail or electronically transmit the draft major use permit to the applicant, reviewing parties, commission members from an area affected by the project, village councils and the owners of land in excess of 200 acres of land within the village area of influence affected by the permit application. The draft major use permit shall be posted in a public place in Kotzebue and all affected villages. The administrator may publish a notice in a newspaper of general circulation in the borough or cause a public service announcement to be aired on radio or television.
2. Comment Period. Comments on the draft major use permit must be received by the borough within 20 business days following the date of public notice unless the administrator extends the comment period. The administrator may extend the comment period if requested by a citizen of the district or for other good cause.
3. Decision. For a major use, the administrator shall issue the decision within 20 business days after the close of the comment period. The administrator’s decision shall be to approve a final major use permit, including revisions, deny approval or elevate. The decision shall be sent to all who submitted comments, the planning commission, appropriate village council(s) and the applicant. For good cause, the administrator may extend the time for issuance of the decision, not to exceed an additional five business days.
D. Appeal. The action or inaction of the administrator may be appealed pursuant to Chapter 9.08 NABC. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.50.010), 1993)
9.16.020 Permit approval criteria.
Permit approval (or disapproval) shall include a finding by the administrator that the proposal is (or is not) consistent with the borough comprehensive plan or with a village or community comprehensive plan, can (or cannot) occur harmoniously with other activities allowed in the district, and will not (or will) disrupt the character of the surrounding area. Such findings shall be in writing and shall become part of the record and the case file. The administrator shall inform the commission about all nonconformities, minor use permits and major use permits at its first regular meeting following issuance. Nonconformity and permit approval will be granted by the administrator if all the requirements set forth below are met.
A. Policies and Standards. For permit approval, the administrator must make a determination that the proposal is consistent with the applicable standards of Chapter 9.25 NABC and other promulgated policies and standards implementing this title;
B. Reviewing Parties. For nonconformities and permit approvals, consideration has been given to the comments and recommendations of reviewing parties, including village councils whose village area of influence the administrator determines will be affected by the proposed use;
C. Villages. For permit approvals within the villages or their areas of influence, great weight has been given to the opinions of the village councils and residents of the villages and the proposal is in conformance with adopted village plan policies;
D. Conservation Districts. For permit approvals within the subsistence, habitat or general conservation districts, great weight has been given to the opinions of the village councils and subsistence users within the affected village areas of influence, and the proposal is in conformance with the purposes of the district. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.50.030), 1993)
9.16.030 Elevation.
A. The administrator may elevate any nonconformity or permit decision to a major use permit or to the planning commission based on a written finding that the decision satisfies one or more of the following criteria:
1. The proposed use or nonconformity has potential significant negative effects on or conflicts with subsistence or other borough interests, resources or activities in a manner or to a degree that warrants public review or consideration by the commission;
2. The proposed use or nonconformity would conflict with adopted borough policies in a manner or to a degree that warrants public review or consideration by the commission; or
3. The proposed use or nonconformity raises a particular issue or set of issues that warrants public review or consideration by the commission.
B. In addition, the administrator shall elevate any nonconformity or permit decision as a result of a request from three members of the commission. The administrator may elevate the decision at any time between the acceptance of the application and the close of the decision period in NABC 9.16.010(B) or (C). When the decision to elevate is made, the administrator shall commence the use permit procedure of this chapter or the conditional use procedure of Chapter 9.20 NABC as appropriate. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.50.020), 1993)
9.16.040 Emergency actions.
Notwithstanding any regulation to the contrary, emergency actions may be conducted without any approval or permit, subject to the following criteria:
A. The emergency action is necessary to avert imminent danger to human health, safety or welfare, or imminent danger to property, wildlife or wildlife habitat.
B. The developer shall make reasonable efforts to conduct emergency operations in a manner that avoids or minimizes significant harm to the environment, consistent with the need to protect property, human life, wildlife or wildlife habitat.
C. In the event of an uncontrolled release or discharge of oil, petroleum products, or any toxic or hazardous materials, any person may undertake emergency construction and other activities reasonably necessary to control and contain the flow of oil, gas, petroleum products, or other toxic or hazardous materials consistent with an approved oil spill or other contingency plan. The administrator shall have access, upon reasonable notice, to the developer’s oil spill response and contingency plans.
D. A developer shall inform the administrator of any action taken within the scope of this section as soon as possible but within 24 hours of the taking of the emergency action.
E. For an emergency action that will likely require an ongoing response for more than seven days, the provisions of this section apply, but the applicant shall apply for appropriate permits as soon as possible. The administrator shall have access, upon reasonable notice, to the developer’s oil spill response and contingency plans. The administrator may issue permits related to an emergency without public review. (Ord. 10-14, 2011; Ord. 93-02 § 1 (9.50.040), 1993)