A. The Mayor may grant to a person an extraction license that allows a person to extract a maximum of 2,000 cubic yards of Borough sand or gravel per year, or a maximum of 10,000 board feet of Borough greenwood timber per year, or a maximum of 20 cords of dead and down firewood per year. An extraction license does not convey an interest in land.
B. If the Mayor determines an extraction license may substantially affect the surrounding area then the Mayor shall publish notice of the proposed use. The notice shall include a description of the proposed use and notice of a two-week period during which public comment on the proposed use will be accepted by the Mayor. If the Mayor receives substantial public comment adverse to the proposed use then before issuing the license the Mayor shall hold a public hearing on the proposed use.
C. The applicant shall pay to the Borough both the extraction license fee as required by the fee schedule established by the Mayor and the fair market value of the extracted materials as determined by the Mayor. The Mayor may waive the license fee for a public agency.
D. If the Mayor determines an extraction license may cause damage to the Borough land then the Mayor shall require the applicant to post a bond with the Borough to ensure that the applicant restores the land to reasonably the same condition it was in at the time the license was executed. The Mayor shall not release the bond until the licensee has complied with all conditions of the license.
E. The Mayor may inspect the Borough land at any time to ensure compliance with license conditions. The Mayor may, for cause and without notice to the licensee, immediately revoke an extraction license. A user of Borough resources whose extraction license has been revoked shall within a reasonable time restore the land to reasonably the same condition it was in at the time the license was executed.
F. The Assembly may by resolution authorize the commercial sale of Borough sand, gravel, or greenwood timber resources. A commercial sale means a sale that would not qualify for an extraction license.
G. The Assembly shall by resolution fix the terms of a commercial sale of Borough sand, gravel or greenwood timber resources. The resolution shall include the date of sale, whether the sale is by outcry or sealed bid auction, the manner in which payment is to be made, the restoration conditions, and any other term the Assembly deems appropriate.
H. The Mayor shall cause notice of the sale of Borough sand, gravel or greenwood timber resources to be published four times in the 30-day period preceding the date of the sale. The notice shall contain a brief description of the Borough land from which the resource is to be removed and the terms of the sale as fixed by the Assembly by resolution. The Mayor shall sell the Borough resources offered for sale to the highest bidder who performs all the terms of the sale. The Mayor may promulgate rules and regulations for conducting a commercial sale.
I. After review and comment by the State Department of Transportation/Public Facilities, the Mayor may issue an extraction license or the Assembly may authorize a commercial sale that allows a person to extract gravel from joint use material extraction sites on Borough land as established by the cooperative agreement between the state and the Borough.
J. The Assembly may by resolution authorize the Mayor to sell Borough commercial saw-timber, firewood, sand and gravel resources by the use of over-the-counter sales if these resources were first offered for sale at an auction and did not sell at the auction. Resources offered for sale over the counter may be purchased on a first-come, first-served basis at the Division of Natural Resources Development. The Mayor may promulgate rules and regulations for conducting an over-the-counter sale. (Ord. 2021-20 § 3, 2021; Ord. 2013-85 § 8, 2013; Ord. 2012-31 § 2, 2012; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.050.)