20.16.030 Easement on Borough land.
A. “Easement” means a nonpossessory interest in Borough land that entitles the holder to a specified limited use.
B. An Assembly resolution authorizing the easement shall be required before the Mayor may grant an easement except that a resolution shall not be required if the easement:
1. Is necessary for the development of a service area improvement or Borough facility previously approved by the Assembly; or
2. Is in accordance with the state cooperative easement agreement. If an easement is necessary to provide public access to public or private land adjacent to Borough land that is subject to the agreement, then the Mayor shall designate and dedicate an easement across the Borough land and submit the easement to the State Division of Lands, Department of Natural Resources, for review and approval. The Borough shall not develop or sell Borough land that is subject to the agreement unless the State Division of Lands, Department of Natural Resources, approves the easement.
C. A person seeking an easement shall pay to the Borough the easement fee as required by the fee schedule established by the Mayor. The Mayor may waive the easement fee for a public agency or a public utility.
D. The Borough may grant an access easement for a public purpose or a private purpose. If a private access easement is granted, the Borough shall reserve the right to unilaterally amend the private access easement to create a public access easement.
1. A public access easement shall comply with the survey, monumentation, platting and construction requirements contained in the Borough subdivision ordinances, except that the Mayor may exempt from the construction requirement a public access easement designated pursuant to the state cooperative easement agreement.
2. The grantee shall, at the grantee’s own expense, cause the private access easement to be surveyed and mapped and it may be platted. The grantee shall, at the grantee’s own expense, cause a public access easement to be surveyed, mapped and platted.
E. A public utility easement shall not be exclusive. The Borough shall retain the right to allow other uses of the easement and the right to require other utility users to enter into maintenance agreements with the original easement holder.
1. The grantee shall, at the grantee’s own expense, cause a public utility easement to be surveyed and mapped.
2. A utility easement shall be granted for a length of time that is reasonably related to the useful life of the particular improvement. The easement shall be conditioned on continued need and use and the Mayor shall revoke the easement if the easement holder abandons or ceases to use the easement. The revoked easement shall revert to the Borough.
3. The Borough may grant a utility easement only if there is no existing easement suitable for the purposes for which the easement is requested. If the easement would be located over an area of conflicting planned use, then the applicant shall demonstrate that there is no practicable alternate route or location. (Ord. 86-056 § 2, 1986. 2004 Code § 25.10.040.)