MEMORANDUM

TO: Ron Drathman, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Mike Navarre, Mayor

DATE: August 17, 1999

SUBJECT: Ordinance 99-48 amendments

Many rights-of-way which are not on the road maintenance system provide access to residences and properties. The owners of these properties may wish to perform maintenance to facilitate access and safety. Ordinance 99-48 specifically recognizes the road service area maintenance permit policy but does not contain a similar permitting process for roads not certified for borough maintenance. The following proposed amendments to Ordinance 99-48 would allow the planning department to issue maintenance permits, rather than construction permits, for activities constituting maintenance. Not only will issuing a maintenance permit be more expedient for the applicant and the borough, it will give the borough notice of maintenance occurring in its rights-of-way, and help ensure that such roads are not damaged in a way which may prevent their eventual certification for maintenance.

The road service area board adopted a motion approving Ordinance 99-48 at its August 10, 1999 board meeting. The road service area board also approved board resolution 99-10 providing support for a citizen maintenance program for roads not certified for maintenance by the borough. The administration recommends that the following amendments be made to ordinance 99-48 as one motion:

1. Revisions to existing language in Ordinance 99-48 are shown in bold.

14.40.040. Right of way use permits.

B. Maintenance permits. Maintenance permits are issued for citizen maintenance for borough rights-of-way roads certified for maintenance in the road service area. All maintenance and improvements of borough-maintained roads shall be performed in accordance with the road service area policies as adopted by the mayor.

2. New section amending Ordinance 99-48:

14.40.065. Maintenance permits.

A. A maintenance permit is required for rights-of-way which are subject to citizen maintenance. Permits for citizen maintenance on borough rights-of-way that have not been certified for maintenance by the borough shall be issued by the planning director. Permits for citizen maintenance on roads that have been certified for maintenance by the borough shall be issued by the roads director.

B. Maintenance includes, but is not limited to, snow removal; grading; replacing lost gravel (not to exceed a depth of six inches); reshaping shoulders, slopes, and ditches; unplugging culverts and clearing ditches; filling potholes; dust control; and other similar activities consistent with the goals set forth in subsection A. Maintenance does not include such activities as relocating a road; survey and design of road; widening a road; adding lost material in excess of six inches in depth; and other such activities that would constitute road construction as opposed to road maintenance. Construction within a borough right-of-way must comply with the right-of-way construction permit provisions of KPB 14.40.

C. Citizens applying to perform maintenance on a borough right-of-way must file an application which shall include: the applicant's name, mailing address, physical address, and phone number; the name of the person or contractor performing the work; the name of the road and the location where the maintenance will be performed; the time frame within which the maintenance will be performed; the quantity and quality of material to be used in performing the maintenance; and the equipment to be used in performing the maintenance. A single application may be filed for several rights-of-way or for ongoing seasonal maintenance. Applicants for seasonal maintenance shall reapply each year.

D. Citizen maintenance shall limit interference with the traveling public, and shall not create a hazard to the road, the traveling public, or adjacent properties. The director may require security in the form of a bond, certificate of deposit, or certified check or other practical means to ensure compliance with the terms of these application procedures. The citizen shall hold the borough harmless for the maintenance that is the subject of the application.

E. The director shall issue approvals or denials of applications for citizen road maintenance. If the basis for denial is that the project constitutes construction, and not maintenance, the applicant shall be advised of the right-of-way construction permit process.

F. There shall be no fee for citizen maintenance applications.

3. New language amending KPB 14.40.260:

14.40.260. Civil Penalties--Schedule.

4. New language amending KPB 14.40.280:

14.40.280. Definitions.

*. "Maintenance" is defined as work performed on a routine basis to maintain a road in its originally constructed condition, (or subsequently improved condition), or to prevent deterioration of the road. Maintenance does not include road construction or improvement.