Planning Commission

How to Provide Testimony

In-Person or Telephonic Testimony

Once an agenda is published, citizens may sign up to testify in person or telephonically by doing one of the following:

1. Calling the Clerk's office at 907-459-1401 no later than 4:30 p.m. on the day of the meeting;
2. Completing the online sign-up form no later than 4:30 p.m. on the day of the meeting; or
3. Signing up in person before the meeting.

During the meeting, the Chair will invite citizens to the table or ask the Clerk to call citizens when it is their turn to speak. Please note the following:

• If a phone call is not answered, the Chair will move to the next citizen who has signed up.
• Testimony will be heard in the order in which citizens have signed up.
• Each citizen will have three minutes to provide testimony.
• Other citizens attending in person may provide comments after those who have signed up.

Written Testimony

Citizens may submit comments using the online contact form or at Planning_Commission@fnsb.gov.

Agenda items include, but are not limited to:

• Conditional uses

• Variances

Who can provide testimony on quasi-judicial hearing agenda items?

• Applicants or their representatives
• Staff
• Interested persons

Interested persons are individuals who:

1. Are required to be mailed specific notice of a quasi-judicial hearing;
2. Provide an affidavit or other adequate proof that they reside within that hearing notification area; or
3. Timely apply to participate and prove that they possess a specific property interest that may be significantly affected by the proposed action in a way different than that of the general public.

When an applicant is a public entity, interested persons include the citizens of that entity for purposes of verbal testimony only.

Were you mailed a "Dear Property Owner" letter?

Citizens who receive a "Dear Property Owner" letter are considered interested persons and may testify using one of the methods outlined below.

Others who wish to participate may do one of the following:

1. Request an interested person determination during the hearing if attending in person; or
2. Submit a completed Interested Person Application (PDF) to the Clerk's office at clerks@fnsb.gov no later than 5:00 p.m. on the Monday one week before the hearing for a pre-hearing determination.

How to Provide Testimony

In-Person Testimony

Once an agenda is published, interested persons may sign up to testify in person by doing one of the following:

1. Calling the Clerk's office at 907-459-1401 no later than 4:30 p.m. on the day of the hearing; or
2. Signing up in person before the meeting.

During the hearing, the Chair will invite interested persons to the table when it is their turn to speak. Please note the following:

• All testimony must be taken under oath or affirmation.
• Testimony will be heard in the order in which interested persons have signed up.
• Time limits for interested persons are determined by the Chair.
• Other interested persons attending in person may provide testimony after those who have signed up.

Telephonic Testimony

Once an agenda is published, applicants or their representatives, staff and interested persons may submit a completed Telephonic Testimony Application (PDF) to the Clerk's office at clerks@fnsb.gov no later than 4:30 p.m. on the Monday one week before the hearing for a pre-hearing determination.

During the hearing, the Clerk will call interested persons who have been approved to provide telephonic testimony when it is their turn to speak. Please note the following:

• If a phone call is not answered, the Chair will move to the next interested person who has signed up.
• All testimony must be taken under oath or affirmation.
• Testimony will be heard in the order in which interested persons have signed up.
• Time limits for interested persons are determined by the Chair.

Written Testimony

Once an agenda is published, applicants or their representatives, staff and interested persons may submit a completed Testimony by Affidavit Application (PDF) to the Clerk's office at clerks@fnsb.gov no later than 4:30 p.m. on the Monday one week before the hearing for a pre-hearing determination.

What is ex parte communication?

Ex parte communication is any communication regarding a quasi-judicial hearing agenda item without the knowledge of the applicant, the applicant's representative, staff or interested persons. Ex parte communication includes, but is not limited to, contact in person, by phone, by email or by text message.

Borough Code requires commissioners to disclose any ex parte communication regarding a quasi-judicial hearing agenda item at the beginning of the hearing.

Agenda items include, but are not limited to:

• Rezones

• Highway projects

• Ordinances

How to Provide Testimony

In-Person or Telephonic Testimony

Once an agenda is published, members of the public may sign up to testify in person or telephonically by doing one of the following:

1. Calling the Clerk's office at 907-459-1401 no later than 4:30 p.m. on the day of the hearing;
2. Completing the online sign-up form no later than 4:30 p.m. on the day of the hearing; or
3. Signing up in person before the meeting.

During the hearing, the Chair will invite members of the public to the table or ask the Clerk to call them when it is their turn to speak. Please note the following:

• If a phone call is not answered, the Chair will move to the next member of the public who has signed up.
• Testimony will be heard in the order in which members of the public have signed up.
• Time limits for members of the public are determined by the Chair.
• Other members of the public attending in person may provide testimony after those who have signed up.

Written Testimony

Members of the public may submit comments using the online contact form or at Planning_Commission@fnsb.gov.

What can be appealed to the Planning Commission?

• Title 15 Floodplain Management Regulations

• Legal Non-Conforming (Grandfather Rights)

• Title 18 Administrative Yard Setback Variance

• Amnesty Relief

Who can appeal to the Planning Commission?

• Applicants (current property owners or their representatives)
• Persons aggrieved as defined in FNSBC 18.104.090(A)(4)

To be considered a "person aggrieved," the person:

1. Must qualify as an interested person; and
2. If a quasi-judicial hearing was held must have participated in the hearing as a party or interested person.

Appeals Process

Filing an Appeal

Once a notice of decision regarding an administrative decision or determination is issued, potential appellants may submit a completed Appeal Application (PDF) to the Clerk's office at clerks@fnsb.gov and pay a fee of $400 no later than the deadline specified in the notice of decision.

What happens next?

Once the appeal is accepted by the Borough Clerk or their designee, the Clerk's office works with the Chair to schedule a hearing and sends the applicant, appellant (if different from the applicant) and Department of Community Planning staff a notice containing the following:

• Date, time and location of the hearing
• Document exchange deadline
• Procedural rules
• Information regarding telephonic testimony and testimony by affidavit

Who can participate in the hearing?

All parties may participate, including:

• Applicant
• Appellant (if different from the applicant)
• Department of Community Planning staff
• “Interested persons” or “persons aggrieved” to the extent their participation is expressly permitted by Borough Code in a quasi-judicial matter

Appeal Hearing

All de novo quasi-judicial hearings by the Planning Commission involving an appeal from an administrative determination are conducted according to the procedures outlined in FNSBC 4.04.150(B), which are summarized below:

1. All testimony must be taken under oath or affirmation. The Clerk may administer a group oath or affirmation to all parties before any testimony is taken.
2. Commissioners are required to disclose any potential conflicts of interest and ex parte communications, and all parties must express any objections to a commissioner participating in the hearing at that time. The Chair will make a ruling on each potential conflict of interest, ex parte communication and objection.
3. If a party seeks to introduce a document not previously copied and exchanged with the other parties and another party objects, the document shall be admitted only if the Commission finds a good faith reason for its failure to be included in the documentary exchange.
4. Any time limits imposed by the Chair are evenly applied to all parties.
5. The appellant bears the burden of proof and has the right to first provide testimony and present all relevant witnesses and evidence, which may then be cross-examined by the other parties.
6. After the appellant presents and is cross-examined, the other parties have the right to present all relevant witnesses and evidence, which may then be cross-examined by the appellant and any other parties.
7. The appellant has the right to rebuttal.

How to Provide Testimony

In-Person Testimony

All parties may provide in-person testimony. During the hearing, the Chair will invite parties to the table when it is their turn to speak. Please note that all testimony must be taken under oath or affirmation.

Telephonic Testimony

Parties may submit a completed Telephonic Testimony Application (PDF) to the Clerk's office at clerks@fnsb.gov no later than 4:30 p.m. on the Monday one week before the hearing for a pre-hearing determination.

During the hearing, the Clerk will call parties who have been approved to provide telephonic testimony when it is their turn to speak. Please note the following:

• If a phone call is not answered, the Chair will move to the next party.
• All testimony must be taken under oath or affirmation.

Written Testimony

Parties may submit a completed Testimony by Affidavit Application (PDF) to the Clerk's office at clerks@fnsb.gov no later than 4:30 p.m. on the Monday one week before the hearing for a pre-hearing determination.

What is ex parte communication?

Ex parte communication is any communication regarding an appeal hearing agenda item without the knowledge of the other parties. Ex parte communication includes, but is not limited to, contact in person, by phone, by email or by text message.

Borough Code requires commissioners to disclose any ex parte communication regarding an appeal hearing agenda item at the beginning of the hearing.

I received a "Dear Property Owner" letter from the Fairbanks North Star Borough. What does it mean?

Borough Code requires that individuals who own property close to certain land use actions receive a letter. This is to inform you of an upcoming hearing regarding an action near your property. You are not required to do anything, but you can participate if you would like. The tabs above contain information on how to provide testimony.