MEMORANDUM

TO: Ron Drathman, Assembly President

Kenai Peninsula Borough Assembly Members

FROM: Mike Navarre, Borough Mayor

DATE: August 3, 1999

SUBJECT: Ordinance amending KPB 14.40

The borough has received requests from citizens and contractors for a more flexible mechanism to improve borough rights-of-way. The current code, by requiring that all construction must meet borough standards set forth in KPB 14.06, tends to stifle improvement of borough roads. It is not always economically feasible for citizens to meet the standards, and the condition of many borough roads is so poor that significant improvement can be accomplished, even if the improvement does not bring the road up to borough standards.

The attached amendments to KPB 14.40 allow for the improvement of borough roads by citizens, without damaging borough rights-of-way. Under the ordinance, guidelines will be established to ensure that construction projects are within the right-of-way and conform with sound construction practice. Guidelines will address such issues as using suitable materials, prohibiting stump burial within the road prism, and providing adequate drainage. The guidelines will establish a minimum threshold for construction improvements within borough rights-of-way.

The planning director will issue and enforce permits for rights-of-way that have not been certified for borough maintenance. The roads director will issue and enforce permits for the roads that have been certified for borough maintenance.

The permitting process is simplified by allowing contractors to obtain a seasonal permit on an annual basis. Construction activity under the seasonal permit will meet the requirements of the "typical section" of borough standards as set forth in KPB 14.06, Appendix A. If construction activity will not meet the requirements of the "typical section" of borough standards as set forth in KPB 14.06, Appendix A, application must be made for a project-specific permit.

The attached amendments to KPB 14.40 also codify a reference to the current policy of allowing citizen maintenance of borough rights-of-way which are certified for road maintenance.

The current condition of borough rights-of-way stems from long-term inadequate funding for road maintenance and improvements, not requiring subdivision developers to construct internal subdivision roads, and a long-standing policy prior to 1996 of not monitoring the construction within borough rights-of-way. The administration is currently considering revisions to the subdivision ordinance, title 20, which would require subdividers to construct internal subdivision roads to borough standards before the borough accepts dedication of the right-of-way.

The approach to citizen construction and maintenance of borough rights-of-way set forth in this ordinance should be given an opportunity for practical application before it is determined whether current KPB 14.40.160(B)(11) should be permanently repealed. Therefore, the repeal of KPB 14.40.160(B)(11) has a sunset clause with a termination date of December 31, 2000, to give the administration an opportunity to work on code revisions addressing right-of-way issues, with a plan to bring forth amendments to the assembly within the next year.

It is necessary to hear this ordinance on shortened time, as the current construction season is drawing to a close.