§ 14.40.060. Construction permit application and conditions.

The following application procedures and conditions must be met for right-of-way construction permits:

A.

Application form. A right-of-way construction permit may be obtained by filing a complete application on a form provided by the borough, which contains the information required by KPB 14.40.050(C). The construction activity shall be conducted only in accordance with the issued permit conditions.

B.

Mandatory conditions. All construction permits shall be subject to the following conditions:

1.

The permittee has responsibility to properly locate the proposed facility within the named right-of-way and to coordinate its construction activity with utilities in the same right-of-way.

2.

Driveways or roads crossing utility installations shall cross as nearly perpendicular as possible to the utility line. The line locator phone number shall be included on the permit form by the borough.

3.

The Kenai Peninsula Borough disclaims any warranty or liability regarding location or coordination with utility companies.

4.

Materials or trees shall not be used or removed except to the extent necessary to construct the road or driveway and provide adequate snow storage areas. Gravel may not be mined from any borough right-of-way unless the permittee has specific prior written approval by the RSA director.

5.

The permittee must agree to comply with the terms, conditions and requirements of KPB Chapter 14.40, and any regulations adopted pursuant to this chapter.

6.

All permits shall contain an expiration date determined by the RSA director.

7.

Upon completion, permittee shall agree not to restrict the flow of traffic, place traffic signs, or prevent use by the public unless prior approval has been received from the borough.

8.

The permittee shall indemnify, defend, and hold and save the borough, its elected and appointed officers, agents and employees harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees. The permittee shall be responsible under this clause for any and all legal actions or claims of any character arising from applicant or applicant's agents' performance or failure to perform this permit in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions of the borough or its agents, which are said to have contributed to the losses, failure, violations, or damages, except for acts or omissions solely attributable to the borough.

9.

Permittee is responsible for determining the need for any other local, state, or federal permits and acquiring the same. Permittee must abide by all applicable local, state, and federal laws.

10.

Per KPB 14.40.300, violation of the permit's terms may result in its revocation or other administrative or court action against the permittee. The borough reserves the right to revoke the permit at any time for its convenience.

11.

Construction shall not damage the right-of-way, adjacent properties, or adjacent water bodies.

C.

Discretionary conditions. The RSA director may impose the following discretionary conditions:

1.

The permit may be subject to additional conditions to protect and manage borough rights-of-way by preventing damage to the rights-of-way and adjacent public and private property or water bodies.

2.

The posting of a security in favor of the borough may be required for permits involving right-of-way construction, except driveway construction permits. The amount of the security shall be based on the length of right-of-way subject to construction. The security warrants the permittee will faithfully observe the terms and conditions of the permit and may be used to defray any costs for restoration and rehabilitation of the property, including without limitation environmental damage and cleanup. The security may be in the form of a certificate of deposit ("CD"), bond or certified check.

a.

After a period of one year from the date of termination of the permit, the security shall be released and any balance remaining, including any remaining accrued interest, will be returned to the permittee, as long as the borough determines the construction was performed in compliance with the permit conditions, within the boundaries of the right-of-way, does not pose a threat to the right-of-way or adjacent land and water bodies, remains in reasonably good condition, and continues to meet all applicable road standards and/or approved plans or agreements.

b.

The security shall not be the borough's exclusive monetary remedy if the costs of restoration and cleanup exceed the amount of the security.

3.

A right-of-way construction permit may be denied if conditions cannot be placed on it to prevent damage to the rights-of-way, adjacent public or private property, or water bodies. Dedication of right-of-way alone does not mean a construction permit will be issued if issuance may damage the right-of-way, adjacent private or public property, or watercourses and water bodies.

4.

Upon completion of construction, the permittee shall provide an as-built drawing prepared by a professional land surveyor registered to practice in Alaska under AS 8.48, if deemed necessary by the RSA director.

D.

[ Reserved. ]

(Ord. No. 2015-22 , § 1, 8-18-15; Ord. No. 2012-05, § 2, 4-3-12; Ord. No. 2008-03, § 1, 4-1-08; Ord. No. 2003-16, § 1, 6-3-03; Ord. No. 2000-57, §§ 4, 9, 12-12-00; Ord. No. 99-48, § 4, 8-17-99; Ord. No. 98-09, §§ 2—4, 6-16-98; Ord. No. 96-24, § 1(part), 1996)