Chapter 4.32


4.32.010    Definitions.

4.32.020    Commission established.

4.32.030    Membership – Terms of office.

4.32.040    Ex officio members.

4.32.050    Vacancies.

4.32.060    Organization.

4.32.070    Guidelines for development of land.

4.32.080    Riverfront trust established.

4.32.090    Responsibilities.

4.32.100    Meetings.

4.32.110    Agreement – Termination.

4.32.010 Definitions.

Riverfront” means land adjacent to the Chena River.

Riverfront plan” means the comprehensive Chena riverfront development plan as drafted and revised by the commission and adopted by the borough assembly and the council of the city of Fairbanks after review and recommendation by the planning commission and the parks and recreation commission. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.110.)

4.32.020 Commission established.

There is established a Chena riverfront commission which shall be charged with planning and fostering the development of riverfront property along the Chena River with an emphasis on the area from Fort Wainwright to the confluence of the Chena and Tanana Rivers. This commission is established because there is a strong consensus in the borough that the Chena River is a very special attribute of Fairbanks that ought to be developed in a careful and thoughtful manner so as to enhance its natural beauty, provide for a wide range of uses, and maintained for the enjoyment of many generations of residents and visitors. Properly done, this riverfront development will be immediately perceived as the product of a community that has pride in its heritage and culture, and the natural beauty of its setting. (Amended during 1993 republication; Ord. 92-019 § 2, 1992. 2004 Code § 2.37.010.)

4.32.030 Membership – Terms of office.

A. The commission shall consist of 11 persons who must be residents of the borough. The mayor of the borough shall appoint six members, who shall be confirmed by the assembly. The mayor of the city of Fairbanks shall appoint five members, who shall be confirmed by the city council.

B. All members nominated shall have a broad interest in the future of the Chena riverfront and should have experience in some field related to development and land use policies for the riverfront including, but not limited to, planning, recreation, economic development, conservation, trails, business, tourism, historical preservation, riverfront land ownership, parks, and other activities associated with the betterment of Fairbanks and the properties along the Chena River. In nominating, appointing and confirming members to the commission the municipalities shall attempt to maintain a commission that is balanced in reflecting a wide range of views about development of the riverfront.

C. The commission members shall serve without pay.

D. The terms of office shall be three years; provided, that in appointing the original members of the commission, each mayor shall stagger the initial terms so that at least one commission member’s term will expire in each year. Members may be reappointed.

E. The assembly may remove any commission member by a majority vote. The city council may remove any city commission member by a majority vote. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.020.)

4.32.040 Ex officio members.

The following members may sit as ex officio members of the commission:

A. Mayor of the city of Fairbanks or a designee;

B. Mayor of the borough or a designee;

C. Director of planning or a designee;

D. Director of parks and recreation or a designee;

E. Director of public works or a designee;

F. A representative of the Alaska Railroad Corporation;

G. A representative of the State Department of Transportation and Public Facilities. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.030.)

4.32.050 Vacancies.

Each vacancy will be filled by the mayor of the jurisdiction who nominated the vacating member as provided in FNSBC 4.32.030. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.040.)

4.32.060 Organization.

The commission:

A. Shall annually elect a chairperson and vice chairperson;

B. May adopt rules for the conduct of its meetings. Robert’s Rules of Order, Revised, shall apply unless different rules are adopted;

C. May establish committees to assist the commission. Membership on these committees is not restricted to commission members;

D. Shall be supported by the city and borough staff, as necessary to help achieve the goals and objectives of the commission. Requests for support shall be directed through the mayors of each municipality. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.050.)

4.32.070 Guidelines for development of land.

A. Public riverfront trust land shall be zoned, acquired, maintained, preserved and retained for the following purposes:

1. Recreational use such as walking, jogging, photography, picnicking, bicycling, fishing, canoeing, skiing, dog mushing, and other similar activities;

2. Preservation of water or land resources to provide for open space, protection of traditional or natural settings, scenic areas or vistas, wildlife habitats, or unique ecosystems;

3. Public access to the river system for all recreational and approved commercial uses;

4. Tourism and other commercial uses that are consistent with the riverfront plan;

5. Other public recreational, community, and cultural uses that are consistent with the riverfront plan and approved by the commission and the borough.

B. Private riverfront landowners and other public owners shall be encouraged and assisted to develop their land in ways that are consistent with the riverfront plan. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.060.)

4.32.080 Riverfront trust established.

A. There are established segregated accounts to be named “Chena riverfront trust.” These accounts shall hold all money, personal property, interest in real property, easements, and real property donated, deeded, purchased, or otherwise acquired for the purpose of expanding, enhancing, or improving the Chena riverfront. All proceeds from the real and personal property, and interest from this money, shall accrue to the segregated accounts of the Chena riverfront trust. The appropriation of any amount of money from the segregated accounts in the trust shall be approved by the assembly. No administrative fee shall be charged on money donated to the trust.

B. Plans for disposal of property in the trust shall be reviewed by the Chena riverfront commission, the planning commission, and the parks and recreation commission, which shall make their recommendations, if any, to the department of property management. Management of trust land shall be conducted under Chapter 20.16 FNSBC. This chapter of the borough code governs the management of trust land in the case of any conflict.

C. If the Chena riverfront commission terminates as provided in FNSBC 4.32.110, or for any other reason, then management of the trust property transfers to the borough. The borough takes the trust property subject to any restrictions as to use, or subject to any reversions, which were attached to the property when the borough acquired it. (Ord. 2010-18 § 5, 2010; Ord. 92-019 § 2, 1992. 2004 Code § 2.37.070.)

4.32.090 Responsibilities.

The commission shall:

A. As its initial task, review all plans which have been developed in the past, select the elements of the plans which, in the opinion of a majority of the members of the commission, are best suited to the thoughtful and careful development of the Chena riverfront as provided in FNSBC 4.32.020, and use those elements to create a final draft riverfront plan to guide and foster development of the riverfront. This plan must be adopted by the assembly and the city council after review and recommendations by the planning commission and the parks and recreation commission. If one or both governing bodies fail to approve the draft plan, then the mayor of each body shall appoint two persons for the purpose of meeting to negotiate an acceptable plan, which shall be reviewed again by the governing bodies.

B. From time to time, review the riverfront plan and bring proposed revisions to the assembly and the city council for adoption after review and recommendations by the planning commission and the parks and recreation commission.

C. Develop and foster cooperative projects to support the goals and objectives of the riverfront plan and encourage volunteer contributions of funds, in-kind donations, and labor to help carry out these projects.

D. Assist the borough and the city in the application for state and federal funds to support riverfront development projects.

E. In its discretion, consistent with the goals and objectives of the riverfront plan, support, assist, or provide recommendations to other organizations or property owners with riverfront development projects or activities.

F. In its discretion, review proposed development of borough-owned land as well as requests for rezonings, conditional uses, variances and highway projects on parcels located within 150 feet of the ordinary high water mark of the Chena River for conformity with the land development guidelines set forth in this chapter and consistency with the riverfront plan.

1. Within 24 days of the commission’s receipt of an application, the commission may:

a. Make a recommendation to community planning department staff regarding requests for conditional uses and variances;

b. Make a recommendation to community planning department staff, the planning commission or the assembly regarding rezonings and highway projects;

c. Make a recommendation to borough staff regarding development of borough-owned land.

2. The department of community planning shall provide notice to the applicant at least five days prior to the date of a meeting of the commission under this subsection.

G. In its discretion, consistent with the goals and objectives of the riverfront plan, make recommendations to the mayor, assembly, or the city of Fairbanks regarding uses and development or the Chena riverfront commission. (Ord. 2017-46 § 2, 2017; Ord. 92-019 § 2, 1992. 2004 Code § 2.37.080.)

4.32.100 Meetings.

A. The commission shall meet at least once quarterly.

B. A quorum of the commission shall consist of six members.

C. Approval of an action of the commission shall require a majority of affirmative votes of the members present. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.090.)

4.32.110 Agreement – Termination.

This chapter is an agreement between the borough and the city of Fairbanks for the joint administration of a function or power under the Alaska Constitution, Art. X, Sec. 13, and AS 29.35. Either the borough or the city may terminate this agreement by passing an ordinance to that effect and providing 60 days’ notice to the other municipality. (Ord. 92-019 § 2, 1992. 2004 Code § 2.37.100.)