§ 14.06.240. Road decertification.

A.

Authority. Roads may be decertified for maintenance by the Borough as provided in this section.

B.

Procedure. Any road decertification must comply with the following procedures:

1.

Staff recommendation. The RSA director or designee shall make a written recommendation to the RSA board with findings based on the standards set forth in KPB 14.06.240(C), (D), and (E). In support of the recommendation, the RSA director or designee must submit a report including:

a.

Description of efforts to bring the road to RSA standards under KPB 14.06 and explanation of why it is not feasible or in the best interests of the borough to do so.

b.

Narrative of considerations given to alternatives to decertification including but not limited to:

i.

Description of necessary construction upgrades needed to avoid decertification, and any other feasible alternatives evaluated by the RSA director or designee including estimated costs.

ii.

Feasibility of forming a special assessment district pursuant to KPB Chapter 14.31, if applicable.

iii.

Cooperative efforts between the Borough and property owners to upgrade roads to the extent allowed by law where property owners contribute material, equipment, professional services, and right-of-way for the project.

c.

Information regarding any relevant communication with affected property owners, including but not limited to in-person, telephone, electronic and written contact. Any written comments from residents regarding the proposed decertification submitted before the RSA packet deadline must be included with the report.

d.

Any other relevant information that the RSA director or designee has obtained and which may assist the RSA board's consideration of the proposed decertification.

2.

Notice and hearing. A public hearing shall be held before the RSA board regarding decertification. Notice of the hearing shall be published once a week for four consecutive weeks in a newspaper of general circulation in the borough prior to hearing with the last publication appearing within 14 days before the hearing date. A notice of the decertification hearing shall also be posted for a four-week period prior to the date of the first hearing at the beginning and ending points of the road proposed for decertification.

a.

Both posted and written notices shall invite public comment, state the name and phone number of a contact person regarding decertification information, state the date, place, and time of the public hearing, and a deadline for the submittal of written comments.

b.

The deadline for submission of written objections shall be 4 PM on the Monday of the week immediately preceding the week of the RSA meeting.

3.

Board action.

a.

If the RSA board finds that the proposed road meets the decertification standards set forth in KPB 14.06.240(C), (D) and (E), and there has been no written objection to the decertification, it may by resolution decertify the road.

b.

If timely written objections are received by the RSA board, decertification requires assembly action. If the RSA board finds that there is no viable option presented to bring the road to borough standards or otherwise finds that there is no safe alternative to decertification, the RSA board, by resolution, shall recommend to the assembly decertification of the road.

4.

Decertification withdrawal. If the road has been brought to borough standards or the RSA director identifies a viable plan for bringing the road to borough standards or to an appropriate level of safety prior to the RSA board or assembly hearing regarding decertification, the RSA director may withdraw the proposed decertification recommendation from RSA board or assembly consideration. Notice of a withdrawal under these circumstances must be reported to the RSA board at the subsequent RSA meeting.

5.

Assembly—Hearing required. A public hearing shall be held before the assembly regarding a decertification recommended by the RSA board that is subject to objections as set forth in KPB 14.06.240(B)(3)(b), in conjunction with consideration of a decertification resolution. Notice of the public hearing shall be published in a newspaper of general circulation once a week during each of the two calendar weeks prior to the hearing.

6.

Assembly action. If the assembly finds that the road is eligible for decertification based on consideration of the standards established by KPB 14.06.240(C), (D) and (E), the assembly shall decertify the road. If the decertification resolution is adopted by the assembly between September 15 and May 15, the decertification shall not be effective before May 16, unless the road has not received maintenance within five years prior to assembly decertification.

7.

Signage. Decertification shall not be effective until signage has been placed regarding discontinued maintenance, if the road has received maintenance within five years prior to the assembly resolution.

C.

Safety standards. Safety shall be a primary consideration regarding a proposed decertification. The RSA board will review whether maintenance can provide adequate grade, width for travel, room for snow removal, adequate sight distances and clear zone, and prevent accumulation of water and snow in the traveled right-of-way. The potential for accidents because of inability to maintain the road to a safe standard on a regular basis shall be considered in a decertification determination.

D.

Dwellings standards. No borough road shall be decertified which provides the only vehicular access to dwellings. Dwellings are structures currently habitable by human beings, either for residential or recreational purposes.

E.

Additional standards. The following standards support, but each alone does not require, decertification:

1.

Road condition. Whether the types of road material, soils, terrain, road surface, and width of right-of-way do not meet borough road standards shall be considered in a decertification determination.

2.

Drainage problems. Whether a road has inadequate ditching, culverts, and drainage causing water to accumulate on the road surface or which undermines the road bed shall be considered in a decertification determination.

3.

Access. Whether roads are outside a dedicated right-of-way and whether substandard roads on the maintenance system are accessed by a state- or borough-maintained road shall be considered in a decertification determination.

4.

Snow storage. Whether snow easements or places to store snow are inadequate to maintain sufficient travel width and vision shall be considered in a decertification determination.

5.

Funding. Excessive cost of maintaining a particular substandard road shall be considered in a decertification determination.

6.

Prior maintenance. Whether the borough road has ever received either summer or winter maintenance shall be considered in a decertification determination.

F.

Vacations. Notwithstanding KPB 14.06.240(B), a right of way that is vacated through the process set forth in KPB 20.70 shall be decertified for maintenance by resolution of the RSA board.

G.

Alternate route. Notwithstanding KPB 14.06.240(B), any portion of a road that has been maintained outside of dedicated right-of-way may be decertified for maintenance by resolution of the RSA board where the travel surface has been moved into the right-of-way and the new travel surface is certified for maintenance by the Borough.

H.

Decertification of private land subject to maintenance. Notwithstanding KPB 14.06.240(B), any portion of a private drive or road that has been maintained by the borough may be decertified upon reasonable notice to the property owner.

1.

The RSA board may, by resolution, decertify a private drive or road from further maintenance.

2.

The RSA director or designee shall inform the property owner, in writing, of the intent to cease maintenance of the private drive or road via decertification at least 30 days before the date of the RSA meeting at which the matter of decertification will be considered.

( Ord. No. 2014-15, § 1, 6-3-14; Ord. No. 2014-02, § 3, 2-11-14 ; Ord. No. 2008-05(S), § 1, 5-6-08)