§ 17.10.185. Community trail management agreements.

The mayor may enter into trail management agreements with appropriate nonprofit organizations, community organizations, and government agencies to allow such organization or agency to manage public trails, trail corridors, and related facilities on borough land under the terms and conditions of the trail management agreement authorized by assembly ordinance upon recommendation from the planning commission and in accordance with this section.

A.

Application for trail management agreements shall be made on a form provided by the borough.

B.

The agreement shall contain terms and conditions as deemed reasonable and necessary by the borough mayor.

C.

The agreement shall contain a trail management plan which provides the location and type of trail and facilities, the type of trail use, use restrictions, and proposed improvements.

D.

During the term of the agreement, the mayor may approve modifications to the trail management plan that are consistent with the general scope of the plan approved in the original agreement.

E.

Agreements under this section may affect lands under any classification provided that the effect is incidental and the agreement is not detrimental to the existing or proposed use of such land.

F.

Nothing contained herein shall prevent the mayor from authorizing trail use or management on borough lands by other lawful means.

G.

A trail management agreement shall not cause the Kenai Peninsula Borough to appropriate funds for trail purposes, nor shall the agreement be deemed as a disposal of land or resources or the establishment of easement or dedication.

H.

An organization or agency which has entered a trail management agreement may manage and regulate the type of use, time of use, or restrict specific types of use, as provided in the trail management agreement; however, all trails shall be considered open to the general public.

(Ord. No. 2009-37, § 1, 8-18-09)