All uses requiring conditional use permits and master plans must receive planning commission approval prior to commencement.

Emergency Actions. Notwithstanding regulations to the contrary, emergency actions may be conducted without commission approval subject to the same criteria as under NABC § 9.16.040.

Preapplication Meeting. Applicants shall schedule a preapplication meeting with the planning department for a rezone of a part of any land use district, for a master plan, if the project is a major project or requires a federal environmental impact statement, or if the administrator requests a preapplication meeting. The administrator may request a preapplication meeting if it is determined the project will have significant adverse effects or if a village council requests a meeting. The meeting may be held by teleconference if the administrator determines it is not necessary to meet in person.

Application. An application shall be submitted to the administrator in conformity with NABC § 9.16.006 and accepted as complete under the requirements in NABC § 9.16.010(A).

Public Notice. If the application is deemed complete, the administrator shall:

Comment Period. Written comments on the proposal and draft recommendation must be received by the borough 10 business days before the date of the public hearing to be included in the commission meeting packet. Other written or oral comments may be submitted at the time of the public hearing.

Public Hearing. The commission shall conduct a public hearing to review and receive comments. By resolution, the commission may adopt rules of order to conduct public hearings. The public hearing shall be held no sooner than 15 business days and no later than 30 business days from the date the draft recommendation is distributed by the administrator. The hearing may be conducted by teleconference if adequate facilities are available.

Extensions. The commission may extend any deadlines in this section for good cause, for requests for additional information, if the project is a major project, or if a federal environmental impact statement is required for the project.

Request for Additional Information. The commission or administrator may request additional information from the applicant.

Decision. Unless extended by the commission, the commission's decision will be made within five business days following the public hearing.

Policies and Standards. The proposal is consistent with the standards of Chapter 9.25 NABC and other promulgated policies and standards implementing this title;

Reviewing Parties. Consideration has been given to the comments and recommendations of reviewing parties, including village councils whose village area of influence the commission or administrator determines will be affected by the proposed use;

Villages. For permits involving uses within the villages or their areas of influence, great weight has been given to the opinions of the village council and residents of the village and the proposal is in conformance with adopted village plan policies;

Conservation Districts. For permit approvals for uses within the subsistence, habitat or general conservation districts, great weight has been given to the comments of the village councils and subsistence users within the affected village area of influence, and the proposal is in conformance with the purposes of the district.

Initiation. A rezoning may be initiated by the applicant, landowner, the administrator, any member of the commission, a village council member, or an assembly member.

Restrictions. Rezoning of an area less than one acre shall not be considered unless the rezoning involves the expansion of an existing zone. Streets or other rights-of-way shall not be included in calculating the minimum area for a rezoning. The area to be rezoned shall be a logical, integrated area.

Procedure. The application, acceptance and notice procedures for a rezoning shall follow the procedures set forth for conditional use in this chapter. The planning commission's recommendations shall be forwarded to the assembly.

Review and Decision. The commission shall hold a public hearing on the rezoning application. The commission shall approve or disapprove the application or return it to the applicant for modification or corrections, based on the requirements of this title, within 10 business days of the public hearing, unless the administrator and the applicant mutually agree to extend the period. If the commission fails to act within 10 business days or an extension of that period, the recommendation shall be considered to be for approval and the application shall be forwarded to the assembly.

Criteria. The commission shall make a recommendation that includes written findings that each of the following criteria has been addressed:

Assembly. The assembly shall review and act on a rezoning by ordinance. The assembly shall consider the application and commission recommendation by introduction of the rezoning ordinance at its next regular meeting after receipt of the commission's recommendation. The assembly, in its discretion, may call a special meeting to introduce or consider the ordinance. Upon enactment of the ordinance, the administrator shall cause the official zoning map to be changed accordingly. The assembly's decision shall be final.

A master plan may be prepared for an existing TC or RD district, and an application for a rezoning to the resource development or transportation corridor districts involving major resource extraction or a major development shall be accompanied by a master plan containing the following:

The environmental impact statement, if one is required, a map defining the footprint of the mine and related facilities, operating plans, emergency response plans and related documents produced during the course of construction and development, port and port access road and related facilities constitute the master plans for both the resource development and the transportation corridor districts associated with the development. Upon request of the administrator, the operator will provide copies of the documents constituting the master plans and related documents, together with a map defining the footprint of the development.

If written objections opposing a master plan are received from at least 30 percent of the registered voters from any village within the affected village areas of influence, it shall take a two-thirds or greater favorable vote of the commission to approve the application. The written objection must be received at least two business days prior to the hearing considering the application.

Annual Reports. Operators shall provide an annual report to the administrator for distribution to the planning commission for each calendar year by April 1st of the following calendar year. The annual report must provide a summary of major activities conducted to implement the master plan and any difficulties implementing the plan. The commission may require updates to the master plan under provisions in this section and it may require other studies produced for the development.

Changes. Operators must notify the administrator before beginning activities outside the scope of the master plan. The administrator shall notify the planning commission about the proposed activities with a recommendation of whether the commission should require an update to the master plan.

Updates. The applicant may submit or the commission may require periodic updates to a master plan to indicate changes in uses, new uses or uses not included in the approved plan. At any time, the operator may submit updates to the master plan or a new master plan for consideration by the commission. Master plan updates are reviewed pursuant to the procedures of NABC § 9.20.030.