§ 14.40.390. Definitions.

The following definitions are applicable to KPB chapter 14.40.

"Applicant" means the person requesting a right-of-way use permit from the borough.

"Anadromous waterbody" means any waterbody catalogued pursuant to AS 16.05.871 as important to the spawning, rearing or migration of anadromous fish.

"Borough" means the Kenai Peninsula Borough.

"Construction," "right-of-way construction," or "construction of right-of-way" means the improving, building, erection, assembly, alteration, demolition, or repair (including, but not limited to, dredging, culvert placement or replacement) of roads, streets, trails, paths, and other improvements in rights-of-way, or near rights-of-way which physically impact the rights-of-way.

"Contractor" is defined as set forth in AS 08.18.171(4).

"Dedicated road right-of-way" or "right-of-way" means a right-of-way dedicated on a plat for road, street, or utility purposes in accordance with the platting requirements of the Kenai Peninsula Borough, or such rights-of-way as have been specifically granted by easement or dedicated by statute, excluding rights-of-way within the boundaries of an incorporated city.

"Development" means any human-caused change to improved or unimproved right-of-way, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of materials or use of the right-of-way.

"Director" means the road service area ("RSA") director of the Kenai Peninsula Borough or the RSA director's designee, unless otherwise specified.

"Encroachments" means a structure, object, operation or material placed in, on, under or over a right-of-way.

"Maintenance" is defined as work performed on a routine basis to maintain a road in its originally constructed condition (or subsequently improved condition), or to prevent deterioration of the road. Maintenance does not include road construction or improvement.

"Operator" means the person operating or driving vehicles or equipment, who may or may not be the owner of the vehicle or equipment.

"Ordinary high water mark" means the line on the shore or bank established by the fluctuation of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

"Permittee" means the person granted a right-of-way use permit by the borough.

"Respondent" means a person issued an enforcement notice from the Kenai Peninsula Borough.

"Road" means a right-of-way that is used for travel by motor vehicles which may lawfully travel on state highways.

"Trail" means clearing or construction of a right-of-way for access by pedestrians, bikes, horses, all-terrain vehicles, snow machines, or other motorized vehicles which are designed primarily for off-road use.

"Waterbody" means any permanent body of water, including any creek, canal, river, lake or bay, or any other body of water, natural or artificial.

"Watercourse" means a running stream of water fed from natural or permanent sources such as rivers, creeks, glaciers, and rivulets which flows in a particular direction, though it need not flow continuously, and may be periodically dry. It must flow in a definite channel, having a bed or banks, and usually discharge itself into another stream or water body. It must be more than mere surface drainage.

(Ord. No. 2015-22 , § 1, 8-18-15; Ord. No. 2008-03, § 3, 4-1-08; Ord. No. 2000-57, § 13, 12-12-00; Ord. No. 99-48, § 10, 8-17-99; Ord. No. 98-09, § 12, 6-16-98; Ord. No. 96-24, § 1(part), 1996)

Editor's note

Former § 14.40.280. Renumbered by Ord. No. 2015-22 , adopted August 18, 2015.