A. The Assembly may by ordinance authorize the Mayor to sell Borough land directly to those holding a land interest in or a recorded access easement on Borough land or those holding a land interest in land adjoining Borough land if there is no public use for the land; provided, that a mineral or lease interest has been held for four years, and, for a lease interest in Borough land, there has been actual use pursuant to the terms of the lease for at least four years. Sale parcels shall be no greater than 40 acres in size, and sale price shall be no less than 10 percent above fair market value. Where multiple land interest holders declare their interest in purchasing the same parcel of Borough land, the sale shall be conducted by sealed bid auction between them.

B. As a condition of sale, where the sale parcel is to an adjoining owner(s) and is of such size and shape as to be illegal or unfeasible to develop as an independent parcel under the applicable land use ordinances, the deed conveying the Borough land shall contain a provision prohibiting the property from being sold unless and until it is incorporated into the adjoining property through all applicable Borough ordinances. (Ord. 2017-71 § 3, 2018; Ord. 2006-14 § 2, 2006; Ord. 86-056 § 2, 1986. 2004 Code § 25.15.090.)