MEMORANDUM

TO: Tim Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Colette G. Thompson, Borough Attorney

FROM: Holly B. Montague, Assistant Borough Attorney

DATE: November 1, 2000

SUBJECT: Ordinance 2000-57, Sectional analysis of KPB 14.40

Following is a sectional analysis of the recommended revisions to KPB 14.40.

KPB 12.06.010, Authority--Administration is amended to provide that the roads director administer the vehicle abatement provisions for both borough maintenance and non-maintenance rights-of-way.

KPB 14.14, PROTECTION OF PUBLIC ROADS AND ROAD RIGHTS-OF-WAY. This chapter was the initial enabling legislation for the right-of-way regulations. It is repealed in its entirety as it is reiterated in KPB 14.40 and KPB 12.04. KPB 14.14 anticipated that rights-of-way would be administered by the road service area (RSA) through uncodified regulations. However, the borough does not maintain a regulation book, and regulations which have associated penalties must be adopted by ordinance pursuant to AS 29.25.010. Therefore, the right-of-way regulations were codified in KPB 14.40 which substantially reiterated or superseded the provisions of KPB 14.14.

KPB 14.40.010, Purpose. This section is amended to delete references to ensuring responsible use of rights-of-way since the borough cannot be a guarantor of responsible use. Language "promoting" responsible use of rights-of-way is substituted. References to KPB 14.14 are deleted as it is recommended 14.14 be repealed in its entirety.

KPB 14.40.030, Administration. This provision is revised to require the roads director administer KPB 14.40 which will have the effect of the RSA issuing the permits for both borough maintenance and non-maintenance rights-of-way. Enforcement of permit violations will be done with the assistance of code compliance in the planning department.

KPB 14.40.040(A)(2) and (3), Right-of-way use permits. Housekeeping amendments are made deleting the reference to the road construction standards as KPB 14.06, Appendix A (Appendix A was repealed by ordinance 2000-04 in favor of codifying the standards in KPB 14.06 to make them easier for the public to locate).

KPB 14.40.060(B)(11). This section is amended to change the reference from "guidelines" to "policies" to make it consistent with the terminology used throughout the remainder of the chapter.

KPB 14.40.060(B)(11) as adopted by Ordinance 98-09. It is recommended that this section requiring all rights-of-way be constructed to borough standards not be reinstated. These provisions were not in effect this construction season in favor of the more flexible guidelines approach which promotes the incremental improvement of rights-of-way. It was unduly burdensome to require a single citizen to improve a borough right-of-way to borough standards which potentially benefited a much larger segment of the population, and it also discouraged incremental improvement of rights-of-way and compliance with the permitting process.

KPB 14.40.065, Maintenance permits. This section is revised to delete references to the planning director's administration of the regulations and also to remove the requirement that a maintenance permit be obtained for snow removal on roads not certified for maintenance since citizens need to expediently engage in snow removal where borough services are not provided.

KPB 14.40.130, Permit appeal--Director's decision final--Appeal. The references to individual types of permits are deleted since the same appeal process is applicable to all permits.

KPB 14.40.280(F), Definitions. The reference to the planning director is deleted since the regulations will be administered by the RSA director.

KPB 14.40.280(L), Definitions. A definition of "trail" is added since construction criteria for trails and roads for street legal vehicles will necessarily differ.