CHAPTER 23.05: GENERAL PROVISIONS

Section

23.05.005    Definitions [Repealed]

23.05.010    Policy

23.05.020    Applicability

23.05.025    Public notice

23.05.030    Ownership and methods of disposal

23.05.040    Inventory

23.05.050    Use of borough-owned real property

23.05.055    Violations, enforcement, and penalties

23.05.060    Fees

23.05.070    Land management fund

23.05.075    Wetland mitigation bank

23.05.080    Cancellation and termination

23.05.090    Reconsideration

23.05.100    Land classifications

23.05.150    Definitions

23.05.005 Definitions. [Repealed by Ord. 07-066, § 2, 2007]

23.05.010 POLICY.

(A)    Real property in which the borough has an interest shall be managed to:

(1)    exemplify good land and water stewardship practices;

(2)    minimize adverse environmental impact wherever possible;

(3)    maximize revenue to the extent consistent with the borough’s financial goals, in balance with the borough’s nonfinancial goals;

(4)    develop and implement the borough-owned land and resource management plan;

(5)    make vacant borough-owned real property available for development where and when it is feasible to do so;

(6)    implement specific goals as the assembly may adopt by resolution; and

(7)    maximize to the extent feasible or practical the food production capability of class II and class III soils.

(B)    In carrying out the borough-owned real property management functions, the manager shall use prudent business practices and adhere to sound real property management principles.

(Ord. 94-069AM1, § 3 (part), 1994)

23.05.020 APPLICABILITY.

(A)    This title shall govern all acquisitions, disposals and management of borough-owned real property or any interest in real property by the borough.

(B)    Borough-owned real property dispositions and acquisitions are unenforceable unless approved in accordance with this title. Where any conflicting chapters of borough code may occur, provisions of this title shall take precedence with the exception of real property and natural resources acquired as part of an active construction project or right-of-way reserved for future road expansion, which were funded with state or federal monies to the extent that the Code of Federal Regulations or the Alaska State Department of Transportation and Public Facilities Right-of-Way Acquisition Manual control.

(C)    In accordance with this title, a Land and Resource Management Division Policy and Procedures Manual is adopted providing policies and procedures for borough-owned real property and resources. Amendments to this manual shall be adopted by assembly resolution.

(Ord. 16-100, § 2, 2016; Ord. 94-069AM1, § 3 (part), 1994)

23.05.025 PUBLIC NOTICE.

(A)    For any sale, lease, exchange, or other disposal of borough-owned real property or resources or any interests therein for a period in excess of one year, public notice shall be given.

(B)    All public notices, except subsections (C) and (D) of this section, shall be provided at least 30 days prior to the public hearing by the assembly or decision by the manager.

(C)    Notice shall be published in at least one newspaper of general circulation in the borough on at least two occasions during the public notice period.

(D)    Notice shall be posted on the Matanuska-Susitna Borough’s website or by other electronic means for the full 30 days prior to hearing or administrative decision.

(E)    Public notices shall be mailed to assembly members whose districts are affected by the proposed action.

(F)    A copy of the public notice shall be mailed to all landowners within at least 600 feet of the exterior boundary of the area for land or agricultural sales, leases, exchanges, or other land disposal. If any portion of a recorded subdivision lies within at least 600 feet of the area being noticed, all property owners within the subdivision shall be provided a notice.

(1)    A copy of the public notice shall be mailed to all land owners within one quarter mile of the boundaries of the area subject to resource sales, leases, exchanges, or other resource disposal. If any portion of a recorded subdivision lies within one quarter mile of the area being noticed, all property owners within the subdivision shall be provided a notice.

(G)    All public notices shall be mailed to members of the borough parks, recreation, and trails advisory board and other borough appointed boards as appropriate.

(H)    A copy of the public notice will be mailed to the following entities when the location of the proposed sale, lease, exchange, or other disposal affects those entities:

(1)    city, community council, or community organization;

(2)    road service area;

(3)    fire service area;

(4)    the closest chamber of commerce; and

(5)    the nearest local post office.

(I)    The public notice area, time, or persons and organizations receiving notice may be expanded at the sole discretion of the director.

(J)    Public notice contents. All of the following items shall appear in the public notice:

(1)    legal or aliquot part description of the property or parent parcel affected by the application;

(2)    description of the proposed action;

(3)    applicant’s name;

(4)    vicinity map and location map showing the parcel(s) affected;

(5)    Matanuska-Susitna Borough case file number assigned to identify the application; and

(6)    date and location for written public comments to be received.

(K)    Supporting information shall be made available for review at the borough building during normal business hours.

(Ord. 16-100, § 3, 2016; Ord. 13-064, § 2, 2013; Ord. 06-034, § 3, 2006)

23.05.030 OWNERSHIP AND METHOD OF DISPOSAL.

(A)    The borough may acquire, manage, control, use, and dispose of any real property or interest in real property in accordance with this title.

(B)    The borough may acquire real property by:

(1)    purchase or lease of real property for compensation to the owner;

(2)    donation or partial donation if the donation will benefit the borough and is accepted by the assembly or manager;

(3)    dedication, if the dedication will benefit the borough and the public and meets the borough subdivision regulations;

(4)    exchange of real property for equivalent fair market value consideration;

(5)    eminent domain, pursuant to A.S. 9.55.240 through 9.55.460; and

(6)    any other means permitted by law.

(C)    The borough may select vacant, unappropriated, unreserved lands of the state of Alaska from time to time as such lands become available to the borough for selection, in accordance with the rules and regulations established under laws of the state of Alaska, and as promulgated by its agencies in accordance with such laws.

(D)    The manager may, in accordance with this title and adopted procedures and with the consent of the assembly, if required, convey real property to or negotiate an exchange of real property with the United States of America, the state of Alaska, or other entity where it is in the best interests of the borough to do so. The best interests of the borough may include, but are not limited to, obtaining real property in a location better suited for a public facility than real property owned by the borough, or making borough real property available for a purpose of specific benefit to the public.

(E)    Borough-owned real property, or any interest in real property, may be conveyed by deed or leased by the manager in accordance with any of the following methods of disposal:

(1)    by public auction, whether sealed bid or outcry, to the highest qualified bidder;

(2)    by exchange for other real property owned by a person, municipalities, the state of Alaska, the United States of America, corporations, trusts, or other legal entity;

(3)    by over-the-counter programs;

(4)    by lotteries, whether gaming or non-gaming;

(5)    by competitive bid via auction or request for proposal;

(6)    by agreements by application;

(7)    by remote parcel disposal programs;

(8)    by homestead program;

(9)    through the use of real estate brokers; and

(10)    by any other means permitted by law.

(F)    Borough-owned real property, or an interest in real property, may be:

(1)    dedicated for public purposes;

(2)    granted or reserved for easements and rights-of-way; and

(3)    permitted for utilities or encroachments.

(G)    A best interest finding, approved by the assembly, shall be completed when disposing of, exchanging, or otherwise conveying an interest in real property at less than fair market value or waiving of permit fees unless the waiving of permit fees is permitted by this title.

(1)    Applications for use of borough-owned property that will not generate a profit, and are in the public’s interest, may qualify for the land and resources management application fee to be waived. The borough manager may delegate authority to waive the application fees required under this title to the community development director.

(Ord. 19-040, § 2, 2019; Ord. 16-100, § 4, 2016; Ord. 04-160, §§ 2, 3, 2004; 94-069AM1, § 3 (part), 1994)

23.05.040 INVENTORY.

(A)    The manager shall develop and maintain an inventory of all real property in which the borough

has, or has had, an interest. The inventory should contain the following information regarding each parcel:

(1)    source of the borough’s title to the real property and the date of its acquisition or creation by subdivision, and any title restrictions;

(2)    legal description and approximate size;

(3)    brief description of any improvements;

(4)    approximate fair market value;

(5)    zoning, classification, or land and resource management plan designation;

(6)    all borough actions regarding the parcel;

(7)    current use while in ownership;

(8)    past uses, where practical;

(9)    names and addresses of prior users or parties while in borough ownership, including current leaseholders, and permit/use agreement holders;

(10)    date of last inspection;

(11)    physical condition of the property at last inspection;

(12)    date the real property was transferred out of borough ownership and the consideration received by the borough for the real property; and

(13)    such other information as the assembly may require by ordinance.

(B)    The manager shall maintain a record of the justification and reasons for selecting or acquiring land for the borough including any consideration paid or exchanged.

(C)    Records regarding each parcel shall be retained for a minimum of 25 years after the borough ceases to have an interest in the real property.

(94-069AM1, § 3 (part), 1994)

23.05.050 USE OF BOROUGH-OWNED REAL PROPERTY.

(A)    No person or entity shall disturb, place improvements or place personal property upon, or make unauthorized use of borough-owned real property without written permission from the manager or in accordance with borough code or the Land and Resource Division Policy and Procedures Manual.

(B)    No person shall remove timber or other vegetation, natural resources, gravel, or other materials from borough-owned real property without written permission from the manager or in accordance with borough code or the Land and Resource Division Policy and Procedures Manual.

(C)    Persons violating subsection (A) of this section will be considered in trespass. Persons violating subsections (A) and (B) of this section will be prosecuted in accordance with state law and the borough code of ordinances. The manager may also on behalf of the borough, pursue all civil remedies available under state law and the borough code of ordinances against a person violating this section.

(Ord. 16-100, § 5, 2016; 94-069AM1, § 3 (part), 1994)

23.05.055 VIOLATIONS, ENFORCEMENT, AND PENALTIES.

(A)    Except as otherwise specified in this chapter violations of this chapter are infractions.

(B)    Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.

(Ord. 95-088(SUB)(am), § 33 (part), 1995)

23.05.060 FEES.

(A)    The manager shall establish a schedule of fees for applications, permits, and other uses of borough-owned real property under this title. The assembly shall approve the fee schedule by resolution.

(B)    The manager may, within guidelines approved by assembly resolution, waive fees under this title if found to be in the best interest of the borough.

(Ord. 19-040, § 3, 2019; Ord. 16-100, § 6, 2016: 94-069AM1, § 3 (part), 1994)

23.05.070 LAND MANAGEMENT FUND.

(A)    All money derived from the sale, lease or use of real property to which the borough has title, or which the borough has selected, and from the sale of timber, gravel, or other resources taken or extracted from such real property, shall be deposited in the land management fund which is hereby established.

(B)    There is established a permanent fund of the Matanuska-Susitna Borough as a subaccount of the land management fund. Annually the assembly shall appropriate to the permanent fund subaccount, prior to appropriating any funds to other accounts, 25 percent of all receipts from the sale, lease, or use of any borough real property asset made in the preceding fiscal year. The assembly may only appropriate interest earnings of the permanent fund, if any, for land management activities within any given year.

(C)    There is established a port development fund of the borough as a subaccount of the land management fund. Annually the assembly may appropriate to the port development subaccount a portion of the revenue available for appropriation within the land management fund. Such revenue is to be used to discharge all or a portion of the annual payment for outstanding port-related general obligation bonds.

(D)    Land management fund money shall be spent or disbursed as appropriated by the assembly and shall be appropriated for the following purposes only:

(1)    funding of the established subaccounts of the land management fund;

(2)    capital improvements including, but not limited to, schools, trails, roads, streets, buildings, port infrastructure, harbors, air fields, park acquisition and development, utilities and property acquisition;

(3)    for the administration of the borough land selection and real property management program, including survey, engineering, and other costs related to lease, sale, or disposal of such real property; and

(4)    the maintenance of real property management records.

(E)    The manager shall make public an accounting of the funds deposited into the land management fund from sales, leases, or transfers of borough-owned real property on an annual basis via an informational memorandum to the borough assembly. The informational memorandum will contain at a minimum an accounting of the fair market value of any borough-owned land and resource obligated, disposed of, or otherwise encumbered regardless of purpose, when these revenues are not deposited in the land management fund.

(Ord. 16-100, § 7, 2016; Ord. 05-041, § 4, 2005; Ord. 02-024, § 2, 2002; 94-069AM1, § 3 (part), 1994)

23.05.075 WETLAND MITIGATION BANK.

(A)    Land that is classified “wetland bank lands”

shall comprise the land in the wetland mitigation bank.

(B)    The manager is authorized to create private conservation easements for land placed in the wetland mitigation bank.

(C)    Land sold from the wetland mitigation bank shall be sold at fair market value.

(D)    The manager shall:

(1)    ensure that the required technical and scientific expertise is provided to support certification of the bank and any borough land placed in it. This shall include wetland delineations, wetland functional assessments, fish surveys, boundary delineations, and other special studies as required;

(2)    provide for continuous refinement of the selection of borough-owned properties that may be placed in the wetland mitigation bank;

(3)    define the credit value of the properties;

(4)    define and maintain a wetland mitigation bank prospectus;

(5)    implement a marketing plan over the life of the wetland mitigation bank; and

(6)    require an annual accounting of the expenses and income from the wetlands mitigation bank and the inventory of borough land in the wetland mitigation bank.

(Ord. 16-100, § 8, 2016; Ord. 05-041, § 3, 2005)

23.05.080 CANCELLATION AND TERMINATION.

(A)    Upon reasonable notice, conveyed by certified mail and regular mail, to a person or entity with an interest in borough-owned real property, and notice conveyed by certified mail and regular mail, to those holding a security interest therein or having a validly recorded lien against the real property, the manager may cancel or terminate the agreement when:

(1)    the other party has violated a condition of the agreement, and the violation has not been corrected in accordance with the terms and conditions of the agreement; or

(2)    the manager determines there has been a material misrepresentation made to the borough by the other party regarding the agreement.

(B)    An agreement regarding borough-owned real property may be cancelled or terminated by mutual agreement of the parties.

(Ord. 16-100, § 9, 2016; Ord. 03-055, § 3, 2003; 94-069AM1, § 3 (part), 1994)

23.05.090 RECONSIDERATION.

(A)    The manager may order a reconsideration of all or part of a decision regarding an application or an existing interest in borough-owned real property on the manager’s determination of need or on written petition of the applicant or a person with the existing interest in borough-owned real property. The power to petition for reconsideration expires ten calendar days after delivery of a certified mailing and regular mailing of a decision to the affected person. If no action is taken by the manager on a petition within ten calendar days following receipt by the manager of the petition, the petition is considered denied. A notice of the denial will be conveyed by certified mail.

(B)    The action may be reconsidered by the manager on all pertinent parts of the record and the additional evidence and arguments.

(C)    [Repealed by Ord. 03-055, § 5, 2003]

(D)    An applicant or person with an existing interest in borough-owned real property affected by a decision of the borough may seek judicial relief in accordance with the contract or application.

(E)    [Repealed by Ord. 03-055, § 7, 2003]

(F)    [Repealed by Ord. 03-055, § 7, 2003]

(G)    [Repealed by Ord. 03-055, § 7, 2003]

(Ord. 16-100, § 10, 2016; Ord. 03-055, §§ 4—7, 2003; Ord. 96-044, §§ 3, 4, 1996; 94-069AM1, § 3 (part), 1994)

23.05.100 LAND CLASSIFICATIONS.

(A)    Borough-owned land shall be classified in accordance with this title and such classifications shall be used as a tool to identify types of land use for those lands included in competitive land sales or retained for public purpose or facilities.

(B)    The following are classifications of borough lands which recognize and depict potential suitable uses of those lands:

(1)    “Agricultural lands” are those lands which, because of soils, location, physical or climatic features, or adjacent development, are presently or potentially valuable for the production of agricultural crops.

(2)    “Commercial lands” are those lands which, because of location, physical features, or adjacent development, are presently or potentially valuable for trade and commerce.

(3)    “Forest management lands” are those lands which, because of physical, climatic, and vegetative conditions, are presently or potentially valuable for the production of timber and other forest products.

(4)    “General purpose lands” are those lands which, because of physical features, adjacent development, location, or size of the area, may be suitable for a variety of uses, or which do not lend themselves to more limited classification under other land designations.

(5)    “Grazing lands” are lands which have physical and climatic features which make it primarily useful for the pasturing of domestic or semi-domestic livestock.

(6)    “Homestead lands” are lands made available for personal residential use under the borough’s homestead program.

(7)    “Industrial lands” are lands which, because of location, physical features, or adjacent development, are presently or potentially valuable for industrial, manufacturing, or warehousing purposes.

(8)    “Land bank lands” are those lands for which specific long-term uses have not yet been determined but, due to the land’s surface and sub-surface resources, are suitable for management utilizing the multiple use concept during the near term.

(9)    “Material lands” are those lands which are chiefly valuable for earth materials, including, but not limited to, sand, gravel, soil, peat moss, sphagnum, stone, pumice, cinders, and clay, where the removal of the material would seriously interfere with utilization of the lands for other purposes.

(10)    “Mineral lands” are those lands which are chiefly valuable for minerals, including, but not limited to, coal, phosphate, oil, shale, sodium, sulphur, and potash, where the removal of the material would seriously interfere with use of the surface of the land.

(11)    “Private recreation lands” are those lands which, because of location, physical features, or adjacent development, are presently or potentially valuable as outdoor recreational areas and may be best utilized by private development.

(12)    “Public recreation lands” are those lands which, because of location, physical features, or adjacent development, are presently or potentially valuable to the public as natural or developed recreational or historic areas.

(13)    “Reserve use lands” are those lands which have been transferred, assigned, or designated for present or future public use, or for use by a government or quasi-government agency, or for future development of new town sites, or for future expansion of existing public uses, or for development of Port MacKenzie.

(14)    “Residential lands” are those lands which, because of location, physical features, or adjacent development, are presently or potentially valuable for either single-family or multifamily dwellings.

(15)    “Watershed lands” are lands that may be forested at a high or moderate relief which will direct water to low lying areas covered or saturated by surface or groundwater sufficient to normally support vegetation found in areas such as riparian, swamps, marshes, bogs, estuaries, and similar areas.

(16)    “Resource management lands” are lands which, because of surface or subsurface resources contained within the land or in connection with adjacent lands, are presently or potentially valuable for multiple-use management.

(17)    “Wetland bank lands” are lands which, because of location and physical features, are presently or potentially valuable for wetland mitigation banking.

(Ord. 16-100, § 11, 2016; Ord. 12-013, § 2, 2012; Ord. 10-084, § 2, 2010; Ord. 05-042(AM), §§ 2, 3, 2005; 94-069AM1, § 3 (part), 1994)

23.05.150 DEFINITIONS.

(A)    The following definitions shall apply in this title:

•    “Adjacent” means having a common boundary with another property. Properties having only a corner in common, or separated by a public road, are not adjacent.

•    “Agriculture” means the production and harvest or care of plants, animals, birds, fish, bees, and other organisms by humans for use in providing food, fuel, fiber, shelter, clothing, energy, and aesthetics. Kennels and catteries are not considered as an agricultural use.

•    “Annual allowable cut” means the amount of acreage of commercial forest land that may be harvested annually or periodically in accordance with MSB 23.20.040.

•    “Appraisal” means an opinion as to the fair market value of property or interests therein.

•    “As-built” means a drawing indicating the location of improvements or physical features with reference to the centerline of an existing roadway or with reference to the exterior boundary of a surveyed parcel, both with reference to existing monuments.

•    “Assessed value” means the value placed on property as a basis for taxation.

•    “Auction” means a public sale of title, leasehold or other interests in borough real property by public outcry or sealed bid, or combination of both.

•    “Beneficial industrial or commercial enterprise” means an enterprise which will contribute to the economic well-being of the community without significant adverse environmental impact, and meets the best interest requirements of MSB 23.05.030(G).

•    “Best use” means the reasonable, probable, potential, and legal use of real property which the soil conservation service soil capability class supports, and which is physically possible, financially feasible, and results in the highest value or most beneficial use.

•    “Board of adjustments and appeals” means the board established under MSB 15.39.

•    “Certified valuation” means the valuation as of January 1st of each year, established as the tax assessment roll of real estate and certified by the borough assessor by June 1st of each year.

•    “Classified lands” means borough-owned land that has recognized potential or is suitable for particular use or uses that have been designated by assembly ordinance.

•    “Commercial” means intended for a use which generates a profit.

•    “Commercial forest land” means forest land capable of supplying timber or timber products for commercial utilization such as saw logs, house logs or fiber material.

•    “Competitive sale” means a sale offered through sealed bid or outcry auction.

•    Cordwood. See “Firewood.”

•    “Cost approach analysis” is an appraisal that utilizes the cost of developing a property, or the cost of preparing a resource sale including such things as administrative costs, road construction, survey, and timber unit layout.

•    “Director” means the community development director.

•    “Dominant timber type” means the dominant timber species in a commercial timber area within a forest management unit.

•    “Earth materials” includes but is not limited to those natural resources such as sand, gravel, soil, peat moss, sphagnum, stone, pumice, cinders, and clay; also called “materials.”

•    “Easement” means any strip of land reserved for public utilities, drainage, sanitation, access, or other specified uses, the title to which shall remain in the property owner, subject to the right of use designated on the subdivision plat or other document.

•    “Ecosystem” means a collection of living things and the environment in which they live.

•    “Exchange” means to trade real property to another in return for real property or other consideration.

•    “Fair annual rental” means the amount paid for use of real property by a tenant in an open market transaction where both tenant and landlord are reasonably well informed and neither is under duress.

•    “Fair market value” means the most probable price, in terms of cash or in terms of financial arrangements equivalent to cash, for which the property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller acting prudently, knowledgeably, and for self-interest, and assuming neither is under duress.

•    “Firewood” means wood used for heating purposes for homes and warming fires for camping. Firewood generally consists of various types of trees and may include tops and defective portions of a tree.

•    “Force majeure” means in the law of insurance a superior or irresistible force; for example, an act of God or war.

•    “Forest health” means the condition of a forest area which may consider stand composition (species, age, and grade); growth and mortality rates, susceptibility to damage from insects, disease, or fire; incidence of rot, frost cracks, or other damage; or any other factors which affect forest growth and the ability of the forest to support the uses to which it is committed. Professional assessment of forest health is factored into determining harvest rates or other silvicultural practices in the area such as pre-commercial thinning, reforestation, pruning, or brush abatement.

•    “Forest land” means any borough land stocked or having forest trees of any size and not currently developed for non-forest use, regardless of whether presently available or accessible for commercial purposes.

•    “Forest management unit” means land that is classified as “forest management lands,” is unclassified or if otherwise classified, is suitable to be managed as part of a tract of land primarily for commercial timber harvest including harvesting, removal, or use of non-timber forest products. The land may have other multiple-use values that occur on the land and are part of the forest management plan for the forest management unit such as outdoor recreation, fish and wildlife habitat, tourism, watershed protection, and general health and welfare.

•    “Forest Resources and Practices Act” or “FPA” means Chapter 17 (AS 41), of the Alaska State Statutes to include any implementing regulations (11 AAC 95).

•    “Grazing lease” means an agreement authorizing the use of borough-owned real property for the purposes of grazing domestic or semi-domestic livestock.

•    “Intra-agency agreement” means any management agreement between departments of the borough general government, or between the borough general government and the Matanuska-Susitna Borough School District for the sole purpose of assigning day-to-day management of a borough facility.

•    “Land” means all real property or any portion thereof, including shore land, tide land, submerged land, or resources which are part of the land.

•    “Lease” means a contract for possession of land or land with improvements for a specified period of time and under specific terms in consideration of payment of rent.

•    “Lessee” means the tenant in a lease agreement.

•    “Lessor” means the landlord in a lease agreement.

•    “Lottery” means an event at which winners are selected by a chance drawing.

•    “Management agreement” means an agreement between the borough and a person wherein the borough transfers some or all of its management authority over real property to the other party.

•    “Manager” means the borough manager.

•    “Managing authority” means a person authorized to enter into a contract.

•    “Materials” is synonymous with “earth materials.”

•    “May” denotes a course of action that is not mandatory.

•    “Multiple-use” means the management of all the various renewable surface resources on borough-owned land so that they are utilized in a combination which will best meet the needs of borough residents. On borough-owned land periodic adjustments in use to conform to changing needs and conditions may be made. Some land will be used for less than all of the resources, without impairment of the productivity of the land, and with consideration being given to the relative values of the various resources, but usually the combination of uses which will give the greatest dollar return or the greatest unit output.

•    Natural resources. See “Resources.”

•    “Natural resource management unit” (NRMU) is an assembly-designated geographic area of borough-owned land that has and is managed for multiple-use values. This includes land classified or with management intent for important fish and wildlife habitat, forest management, material, mineral, public recreation, watershed, and important wetlands. These units shall not include non-borough-owned land or land classified for agricultural, commercial, industrial, private recreation, or residential land.

•    “Negotiated disposal” means any disposal or exchange of borough-owned real property or an interest in real property, which is sold by application and not by auction or competitive sale.

•    “Non-commercial forest land” means forest land not containing an adequate supply of timber, either volume or species, that would support commercial utilization.

•    “Non-profit” means not intended to yield a profit.

•    “Non-timber forest product” means products from the forest that do not require the removal of the tree; such as sap, mushrooms, conks, berries, foliage, and boughs.

•    “Overland access” means the use of the surface estate of borough-owned real property for transportation purposes.

•    “Permit” means permission to use, occupy, purchase, or dispose of borough-owned real property.

•    “Permitor” means the borough as the authorizing party to the permit.

•    “Permittee” means the person authorized to occupy and use borough-owned real property under the permit.

•    “Person(s)” includes any individual, firm, partnership, corporation, company, association, joint venture, estate, trust, or any other legal entity, and the plural as well as the singular number.

•    “Personal use” means permitted collection of small quantities of natural resources (e.g., fuel wood, gravel, earth materials, or natural vegetation) for personal or household use; not for resale.

•    “Property” means real property in which the borough has an interest.

•    “Public health, safety, and welfare” means a specific benefit to or furtherance of the public’s health, safety, or welfare as determined by the manager and/or assembly or which would otherwise be required by local ordinance or state law or federal law.

•    “Public purposes” means a specific benefit to the public as determined by the manager and/or assembly which provides for charitable, religious, scientific, educational or youth encampment, or otherwise provides a benefit to the public at large.

•    “Public water” means navigable water and all other water, whether inland or coastal, fresh or salt, that is reasonably suitable for public use and utility, habitat for fish and wildlife or migration and spawning of fish, and which there is a public interest.

•    “Public way” means any street, road, or other public right-of-way over which the borough exercises its jurisdiction.

•    “Purchase contract” means a written, executed contract to purchase or to lease with option to purchase any real property or any interest in real property.

•    “Qualified appraiser” means an appraiser who has met the requirements for licensing established by the state of Alaska for the class of appraisal work to be performed.

•    “Quitclaim deed” means a deed of conveyance intended to pass and convey any and all interests, claim, or title the seller may have to the real property so conveyed, but which contains no warranty or covenants of title.

•    “Real property” means land and/or improvements thereon in which the borough has an interest.

•    “Real property asset management board” means the board established under MSB 4.45.

•    “Recreational uses” means uses of land that renew health and spirits by enjoyment and refreshment. Recreational uses includes such things as scenic viewing, wildlife viewing, hunting, skiing, hiking, boating, use of motorized off-road vehicles, mountain biking, or dog sledding.

•    “Remote area” means those places of the Matanuska-Susitna Borough outside of a recorded subdivision, outside a city, and located more than one mile from a road which is constructed to local road standards and connected to the public road system, or special or unique areas as determined by the planning department and concurred upon by the planning commission. Boundaries of remote areas change as new roads meeting local road standards are constructed.

•    “Remote parcel” means a lot or tract of land located in a remote area.

•    “Resources” means renewable or nonrenewable but naturally occurring materials on borough-owned property such as timber or material (sand, gravel, peat) which has a monetary value.

•    “Rotation period” means the period of years to establish and grow timber to a specified condition of maturity.

•    “Roving vendor” means a person who offers food, goods or services to the public, with or without the use of a motor vehicle, from one or more locations on public property or from no fixed location at all.

•    “Sale” means the transfer or the agreement to transfer for monetary or other consideration, any real property or interest in real property by deed of conveyance or lease.

•    “Sale area” means the land area on which the designated timber or material of the sale is located; “sale area” includes roads or other transportation facilities necessary for the removal of the timber or material.

•    Salvage. See “Timber salvage sale.”

•    “Shall” denotes a required course of action or a set of conditions to be achieved. A guideline modified by the word “shall” is required to be followed or implemented.

•    “Silviculture” means the art and science of producing and tending a forest, the application of the knowledge of silvics in the treatment of a forest, and the theory and practice of controlling and managing forest establishment, composition, and growth.

•    “Soil, water, and air quality” means the protection of soil, water, and air resources at a natural and undegraded level.

•    “Special management zone” is land within a natural resource management unit or sub-unit where special resource protections are put in place for a specific reason yet allow some activities to occur with restrictions. For example, special management zones can be used for wetland protection (allowing some uses to occur when adequate snow cover exists), seasonal wildlife concentration areas, seasonal trumpeter swan staging areas, brown bear denning areas, protecting cultural resources and historical sites, designating specific areas for certain timber harvest methods and means, or for educational and research areas. Resource extraction and use activities, such as timber harvesting, can occur in these zones, with certain conditions, such as imposing seasonal restrictions or requiring specific operational methods and means. When creating a special management zone, the management intent and management guidelines for the zone must be clearly defined.

•    “Substantial” means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

•    “Sustained yield” means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of renewable resources without significant impairment of their productivity.

•    “Timber” means a merchantable tree, log, pole, bolt, or wood product either standing or down.

•    “Timber sale” means an agreement authorizing the harvest of timber from borough-owned real property.

•    “Timber salvage sale” means the sale of timber resources from borough-owned land scheduled for construction projects, clearing for a public facility or right-of-way, or in an area affected by, but not limited to insects, windstorm, snow breakage, or wildfire.

•    “Unclassified land” means all lands not otherwise classified which the borough owns or has selected.

•    “Utility” means either a company providing public utility services, the utility service provided, or the physical utility lines and other facilities.

•    “View shed” means an area of land, water, and other environmental elements that are visible from a fixed vantage point generally in areas of particular scenic or historic value worthy of preservation against lasting development or other change.

(Ord. 19-040, § 4, 2019; Ord. 16-100, § 11, 2016; Ord. 10-084, § 3, 2010; Ord. 07-066, § 3, 2007)