A data center operating as a commercial use must obtain a Borough development permit before beginning operations. The same requirement applies to industrial uses. Commercial and industrial uses require a permit before commencement.

Excavation, fill, grading, or topsoil disturbance affecting more than 10,000 square feet or one-quarter acre within 100 feet of an anadromous stream, tidelands, or submerged lands requires a development permit before the work begins. No excavation, placement of fill, grading, removal or disturbance.

Development-permit applications must be complete, including obtaining all required federal and state permits, before Borough review. The Manager has five working days to determine completeness, and incomplete applications are returned with written deficiencies. An application shall not be considered complete until all permits required by federal and state agencies.

A development-permit applicant must comply with state and federal permit conditions, conduct activities harmoniously with surrounding uses, and fence hazardous site work unless the Commission approves another protective measure. All activities shall be conducted in conformance with all state and/or federal permit stipulations.

Work authorized by a development permit must begin within 18 months after approval unless the Borough Manager grants a written extension. Work approved under a permit issued by authority of this chapter must begin within eighteen (18) months.

A project that requires a Chapter 9.07 development permit and has potential for material socioeconomic impact may also require a large-project permit. Covered indicators include more than 100 acres of unreclaimed surface disturbance, employment of at least 100 personnel in the Borough during any consecutive three-month period, or a federally required NEPA environmental impact statement; the Manager may also require a permit based on written findings of material socioeconomic impact. No Project may begin without a permit.

A large-project permit cannot be approved until the Borough approves a socioeconomic and fiscal impact report covering, as applicable, population, employment, income, education, housing, energy, health care, subsistence competition, transportation, waste, fire protection, culture, and fiscal costs and revenues. An application for a Permit may not be approved.

Large-project applicants must pay the Borough’s actual and reasonable application-review costs, including staff time, outside professional assistance, travel, publication, duplication, and other necessary costs. the Applicant enter into an agreement to pay the Borough’s actual and reasonable cost.

Large-project review includes public notice, a public hearing, and an opportunity for written comments. The hearing date must be publicized at least 14 days in advance, and the Assembly generally must decide within 60 days after public comments close or after a corrected report is resubmitted. the date of the hearing shall be publicized not less than fourteen (14) days.

For a large project, the Assembly may impose conditions to mitigate socioeconomic impacts, require payments when expected revenues do not cover project-related fiscal costs, require monitoring, and require performance guarantees for mitigation activities. The Borough may impose an obligation on the Project to make payments.

A large-project permit may require payments into a post-closure socioeconomic impact fund when project closure is expected to create significant fiscal or socioeconomic impacts. Post-closure Socioeconomic Impact Fund.

Appeals of development-permit decisions must be filed within 10 days, and an approved use may not proceed while the appeal is pending. Approved uses may not proceed during the appeal process.

In an Area of Special Flood Hazard, construction or development—including buildings, fill, grading, excavation, and storage—requires a floodplain development permit. A development permit shall be obtained before construction or Development begins.

Flood-hazard-area development must meet additional construction requirements, including anchoring against flotation and lateral movement, flood-resistant materials, flood-resistant construction methods, and protected or elevated electrical, heating, plumbing, and other utilities. All new construction and substantial improvements shall be anchored.

In mapped AE flood zones, new or substantially improved nonresidential structures must either elevate the lowest floor, including the basement, at least one foot above the Base Flood elevation or meet specified flood-proofing and professional-certification requirements. any commercial, industrial or other nonresidential Structure.

All structures in Areas of Special Flood Hazard must be set back at least 100 feet from the ordinary high-water line along any water body. All Structures shall be a minimum of 100 feet setback.

A proposed data-center site created through subdivision must comply with platting requirements; land in a subdivision may not be sold or transferred until the plat has been prepared, approved, and recorded. No owner or agent of the owner of land.

Major subdivisions require Planning Commission review and a public hearing, while minor-subdivision procedures are limited to subdivisions with no public-right-of-way dedication and no more than four lots, among other qualifying cases. The Commission shall hold a public hearing.

A complete development-permit application must be accepted for review or returned with written deficiencies within five working days, and the application is deemed approved if the Planning Commission does not act within 45 working days, unless the applicant agrees to an extension. five working days and 45 working days

A project that already exists or already has a development permit when the large-project ordinance takes effect is exempt from the large-project permit requirement. A material change or expansion is covered only if it independently meets the large-project criteria. an operation that is in existence or has a Development Permit

For projects requiring both development and large-project permits, the applicant and Manager may coordinate Borough review with state or federal permit processes to minimize duplicative studies and use a different review schedule. The process may incorporate federal environmental documents, but approval cannot occur before the required federal Record of Decision. minimize duplicative studies and coordinated review process

For a large-project permit, the Assembly must complete its review and decide on the socioeconomic and fiscal report within 60 days after public comments close, or within 60 days after a corrected report is resubmitted, unless the applicant agrees to an extension. within sixty (60) days

The Manager may exempt a subdivision after a public hearing when each parcel has adequate public access, each parcel is at least five acres, no more than four parcels are created, the division is not for a present or projected subdivision development, and no public-area dedication is involved. may exempt a subdivision

Minor subdivisions that create no more than four lots, alter lot lines without creating a lot, divide a communication or utility site, or survey an existing deeded parcel may use a Manager-approved process instead of Commission approval. minor subdivision plat procedures

For subdivisions, the Manager must accept or reject a qualifying preliminary plat within five working days, decide a minor-subdivision preliminary plat within 30 days, and the Commission must decide a major-subdivision preliminary plat within 60 days after acceptance. accept or reject the preliminary plat for review within five working days and within sixty (60) days

The Manager must approve or reject a submitted final subdivision plat within 30 days unless the applicant agrees to an extension, and must give written reasons for rejection. within thirty days of its submittal

The Planning Commission may waive or vary subdivision requirements when physical constraints make literal compliance inappropriate, after notice and a public hearing; the plat or survey recording requirement cannot be waived. waive or vary such provisions