Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 15 - Local Boundary Commission › Chapter 110 - Municipal Boundary Changes › Article 13 - Procedures for Petitioning and for Other Commission Matters › 3 AAC 110.425 - Legislative review annexation petitions

Current through May 31, 2024
(a) Except as
				  provided in (i) of this section, before a petition for annexation by the
				  legislative review process may be submitted to the department under
				  3 AAC 110.420, the prospective petitioner shall prepare
				  a complete draft of the prospective annexation petition and a summary of the
				  prospective petition. The prospective petitioner shall also conduct a public
				  hearing on the annexation proposal in accordance with (d) - (e) of this
				  section.
(b) The prospective
				  annexation petition required under (a) of this section must be prepared using
				  forms provided by the department under
				  3 AAC 110.420. The summary required under (a) of this
				  section must include a map of the area proposed for borough annexation or
				  territory proposed for city annexation, a synopsis of the views of the
				  prospective petitioner regarding the application of applicable standards to the
				  proposed annexation, a summary of the reasonably anticipated effects of
				  annexation, and an abstract of the transition plan required under
				  3 AAC 110.900.
(c) The prospective annexation petition and
				  the summary must be made available to the public on or before the first
				  publication or posting of the notice of the hearing required under (e) of this
				  section. The prospective petitioner shall make one copy of the prospective
				  petition available for public review at a convenient location within or near
				  the boundaries proposed for annexation for every 500 individuals reasonably
				  estimated to reside within those boundaries. However, the prospective
				  petitioner need not provide more than five copies of the prospective petition
				  for public review regardless of the population within the boundaries proposed
				  for annexation. The prospective petitioner shall make the summary of the
				  annexation proposal available for distribution to the public without charge at
				  a convenient location within or near the boundaries proposed for
				  annexation.
(d) The public hearing
				  required under (a) of this section must address appropriate annexation
				  standards and their application to the annexation proposal, legislative review
				  annexation procedures, the reasonably anticipated effects of the proposed
				  annexation, and the proposed transition plan required under
				  3 AAC 110.900. The hearing must be held at a convenient
				  location selected by the prospective petitioner within or near the boundaries
				  proposed for annexation. The hearing must allow a period for comment on the
				  proposal from members of the public. If the prospective petitioner is a
				  municipality, the governing body shall conduct the hearing.
(e) In the manner provided for a hearing of
				  the commission under
				  3 AAC 110.550, a prospective petitioner shall give
				  public notice and a public service announcement of the public hearing required
				  under (a) of this section.
(f) The
				  department shall specify the text of the public notice required under (e) of
				  this section, to ensure that the notice contains the following information:
(1) the title of the notice of the
				  hearing;
(2) the name of the
				  prospective petitioner;
(3) a brief
				  description of the nature of the prospective legislative review annexation
				  proposal, including the size and general location of the boundaries under
				  consideration;
(4) information
				  about where and when the prospective petition is available for public
				  review;
(5) information about where
				  the public may receive, without charge, a summary of the prospective
				  petition;
(6) a statement
				  concerning who will conduct the hearing;
(7) a statement of the scope of the
				  hearing;
(8) notification that
				  public comments will be accepted during the hearing, and a statement of any
				  time limits to be placed on individuals who offer comments;
(9) the date, time, and place of the
				  hearing;
(10) a statement of
				  compliance with 42 U.S.C.
				  12101 -
				  12213 (Americans with Disabilities
				  Act);
(11) the name and telephone
				  number of a representative of the prospective petitioner to contact for
				  additional information.