MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Milli Martin, Assembly Member

DATE: May 6, 2004

SUBJECT: Ordinance 2004-16, Right-of-Way Construction Permitting Policy

The road service area has been working toward improving the right-of-way permitting process. In a policy recently adopted by the board, an option was included for the RSA board to provide initial permit review at the roads director's request. Under the current code a right-of-way construction permittee has the right to appeal the road director's permit decision to superior court. Board policies may not contravene the borough code.  Currently, the road service area board is not an interim appeal board, nor is it involved in the permit process at all.  KPB 14.40.120-.130. In order for the revised policy to be consistent with the borough code, a revision to KPB 14.40.120-.130 is necessary. Therefore, it is proposed the permit review/appeal process be revised as follows: If the director makes the initial permit decision (rather than the board), then an appeal would be taken to the board prior to superior court.  However, if the board makes the initial determination the appeal would be directly to superior court.  If this change is adopted, any permittee wishing to appeal to court would have had the benefit of a full board review of the permit prior to going to that effort and expense.  If the code remains unchanged, the policy as proposed will be inconsistent with the code. 

Your consideration of this ordinance on shortened time is appreciated so the road service area may proceed with implementing the policy, as construction season is under way.