(a) Except as
otherwise provided in this section, if a petition is filed with the department
under a local action method provided for in
AS
29.06.040(c)(3) or (4) for
annexation of adjacent municipally owned property or adjacent property by
unanimous consent of voters and property owners, only the following procedures
specified in
3
AAC 110.400 -
3
AAC 110.700 are required:
(1) filing a petition under
3
AAC 110.420;
(2) technical review of the petition under
3
AAC 110.440;
(3) notice and service of the petition under
3
AAC 110.450 -
3
AAC 110.470, unless the petitioning municipality, at
least 30 days before passage of its authorizing ordinance under
AS
29.06.040(c)(3) or (4) by
the council or assembly, publishes notice of the annexation proposal in a
newspaper of general circulation in the area or territory proposed for
annexation and provides the notice to each owner of property abutting the
boundaries proposed for annexation; the pre-ordinance notice
(A) must be published at least once in the
format prescribed by
3
AAC 110.450(a) (1);
(B) must be served on each municipality
within 20 miles of the boundaries of the area or territory proposed for
change;
(C) must be posted in
accordance with
3
AAC 110.450(a) (2) except that the
posting must occur on or before the date that the notice is published under (A)
of this paragraph;
(D) must remain
posted in accordance with
3
AAC 110.450(a) (3) except that the
posting deadline is determined under (4)(B) of this subsection; and
(E) may be broadcast as a public service
announcement under
3
AAC 110.450(a) (5);
(4) responsive briefs and comments
under 3 AAC 110.480, except that the time
allowed under
3
AAC 110.640 for the filing of responsive briefs and
comments is limited to 14 days from
(A) the
date of first publication of the notice of filing of the petition; or
(B) passage of the ordinance required by
AS
29.06.040(c)(3) or (4) by
the council or assembly, if the petitioning municipality published notice at
least 30 days before passage of the ordinance;
(5) a reply brief under
3
AAC 110.490, except that the time allowed under
3
AAC 110.640 for the filing of a reply brief is limited
to seven days from the date that the petitioner received the responsive
brief;
(6) a departmental report
under 3 AAC 110.530, except that the
department shall issue only one report concerning the local action annexation
proposal at least 10 days before the public hearing under
3
AAC 110.550; interested persons may submit written
comments to the department on its report no later than three days before the
public hearing;
(7) the
commission's public hearing under
3
AAC 110.550, except that the commission may conduct
the hearing by teleconference;
(8)
the decisional meeting under
3
AAC 110.570, except that the commission will convene a
decisional meeting to examine the written briefs, exhibits, comments, and
testimony and to reach a decision regarding the proposed change within 10 days
after the last commission hearing on the petition;
(9) reconsideration under
3
AAC 110.580, except that a request for reconsideration
must be filed within 10 days after a written statement of decision is mailed
under 3 AAC
110.570(f);
(10) the amendment and withdrawal provisions
of 3 AAC 110.540 and
3
AAC 110.545.
(b) The commission may expand local action
procedures for annexations under (a) of this section, so that those procedures
include other requirements of
3
AAC 110.400 -
3
AAC 110.700, such as informational sessions, and
public meetings and hearings, if the commission determines that the best
interests of the state will be enhanced.
(c) The commission may further relax or
suspend local action procedures for annexation under (a) of this section as
provided under
3
AAC 110.660.
(e) If the commission determines that the
balanced best interests of the locality and the state are enhanced by statewide
participation, the commission may convert a local action petition for an
annexation described in (a) of this section to a legislative review
petition.
(f) If the petitioning
municipality publishes a pre-ordinance notice as provided under (a)(3) of this
section, the municipality shall file with the department a copy of
(1) the publisher's affidavit of publication
of the notice;
(2) written comments
submitted to the municipality regarding the annexation proposal; and
(3) the minutes of all council or assembly
meetings at which the proposal was addressed by the petitioning
municipality.
Ak Const.
Art. X, sec. 3,
Ak Const.
Art. X, sec. 7,
Ak Const.
Art. X, sec. 12,
Ak Const.
Art. X, sec. 14,
Ak Const.
