MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Gary Davis, Roads Director

DATE: April 24, 2003

SUBJECT: Ordinance 2003-16 amending KPB 14.40.060 regarding mandatory conditions on all right-of-way permits

The attached ordinance updates the Road Service Area ("RSA") right-of-way permit requirements. These requested changes have been identified as appropriate after administering the ordinance for the past few years.

Key changes included in Section 1 are as follows:

1. Paragraph 2: To assist the public, the phone number of the utility line locator will be included on the application form.

2. Paragraph 4: This change clarifies the extent of right-of-way clearing allowed, and adds the prohibition of mining gravel from the right-of-way without approval.

3. Paragraph 6: The current paragraph 6 is eliminated as a mandatory condition and is moved to the discretionary condition section of KPB 14.40. (See proposed KPB 14.40.060(C)(4).) This change eliminates the mandate and expense of an as-built drawing on all construction permits. It gives the road director authority to require one if necessary. The construction permits are often small projects where the expense of an as-built survey is not necessary. RSA staff can often adequately identify the location as appropriate. This clarifies that most driveway construction permits do not need as-builts.

4. Proposed Paragraph 6: A permit expiration date is being required. This requirement is standard practice for the RSA, but this provision will alert the permittee that the permit is for a specific amount of time.

5. Paragraph 8: This change brings our indemnification clause into compliance with changes made by our legal department.

Your approval of these recommended changes is appreciated.