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A. A negotiated permit, easement, or right-of-way is required for the following uses and/or occupancy of borough real property:

1. Roads;

2. Trails;

3. Ditches;

4. Communication and electrical lines;

5. Landfill and disposal sites;

6. Pipelines of all types (sewer, water, petroleum, etc.);

7. Temporary use (not exceeding 45 days); and

8. Exploration work involving vehicle use of any type on the borough land.

B. Uses listed in subsections (A)(5), (A)(7) and (A)(8) of this section, not increasing the value or utility of borough land, shall be charged no less than $250.00 per site or application area. The assembly may periodically adjust this fee by resolution, which shall be adopted after a public hearing under the public hearing section of the agenda.

C. Uses listed in subsections (A)(1) through (4) and (A)(6) of this section, not directly increasing the value or utility of borough land, shall be charged a fixed fee of not less than the greater of $1,200 per year or the fair rental value of the land. The assembly may periodically adjust the $1,200 fee benchmark set in this section by resolution, which shall be adopted after a public hearing under the public hearing section of the agenda. The fee under this section is in addition to any tax due on the taxable personal property on the borough property and the taxable possessory interest in the real property.

D. Uses listed in subsection A of this section directly increasing the value or utility of borough land may be negotiated at a reduced rate. [Ord. FY2022-13 §2, 2022; Ord. 78-7-O §2, 1978].