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A. Temporary use” means a use of Borough land that is exclusive, but the use is not pursuant to an authorized lease, use agreement, easement, extraction license, or commercial sale of Borough sand, gravel or greenwood timber resources.

B. A person who wishes to use Borough land for a temporary use shall apply to the Mayor for a temporary use license. The Mayor may grant a temporary use license. A temporary use license is exclusive and nontransferable and is valid for a period no greater than five years from the date of issue. If the Mayor determines that the proposed use 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 before granting a temporary use license.

C. The applicant shall pay to the Borough the temporary use license fee as required by the fee schedule established by the Mayor. The Mayor may waive the fee for a public agency.

D. If the Mayor determines a temporary use 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 user has complied with all conditions of the license.

E. The Mayor may inspect the Borough land at any time to ensure compliance with conditions of the license. The Mayor may, for cause and without notice to the licensee, immediately revoke a temporary use license. The user of Borough land whose temporary use license has been revoked shall, within the time specified in the license and if no time is specified, within seven days of the revocation of the license, remove from the Borough land all improvements placed on the Borough land pursuant to the temporary use.

F. The Mayor shall not renew a temporary use license, but the Mayor may reissue another license if the applicant has complied with the provisions of this section and the terms of the prior license. (Ord. 2019-03 § 3, 2019; Ord. 88-047 § 2, 1988; Ord. 86-056 § 2, 1986. 2004 Code § 25.10.060.)