The real property owned by the Borough between the Allegheny River and the entire length of the protective flood wall shall be surveyed by the Borough's Engineer. Those portions of said real property which are currently cleared and maintained by private persons for recreational activities, including camping, picnicking and boating, shall be defined on said survey as specifically identifiable lots, of equal width whenever possible. Said survey is incorporated herein, and a copy of said survey shall be maintained together with the Borough's ordinances.
[Adopted 9-10-2007 by Ord. No. 451-2007]
Said lots shall have as their western boundary the low-water mark of the Allegheny River, and shall have as their eastern boundary the western edge of the right-of-way for the flood wall, which right-of-way extends 10 feet from the flood wall on both sides of the wall.
The person or persons who maintain and use each lot at the time of enactment of this article shall have the first option to enter into a lease agreement with the Borough as set forth herein. However, no person or persons shall be permitted to lease more than three lots whether adjacent to each other or not. Said persons shall exercise that option by entering into a written lease agreement, to be prepared by the Borough Solicitor, and paying the rent as determined by the Borough. The amount of said rent shall be set, and may be changed from time to time, by resolution. The lease option shall be exercised not more than 90 days from enactment of this article, or the option shall be waived and the lot may be offered to residents of Kittanning Borough as set forth below.
A.
Each lessee shall provide the Borough with written proof of liability insurance on that lessee's lot or lots as a prerequisite to entering into a lease agreement. Said liability insurance shall be in an amount not less than $500,000.
B.
Written proof of liability insurance shall be provided to the Borough by the lessee on an annual basis, for as long as the lease continues to be in effect.
The annual rent shall be paid for each and every lot that the lessee leases.
No lessee shall make any improvements, construct any structures or shelters, outhouses or portable restrooms, add any docks, picnic tables, lighting fixtures, flagpoles, or the like to their lot or lots. Failure to abide by this requirement may result in the Borough's termination of the lease. The Borough shall have the right to remove any improvement, structure, etc., so added to the lot.
The Borough shall not maintain or make any repairs to any lot, and assumes no liability for any injuries or harm to persons or property as a result of the lessee's use or misuse of the leased premises, or as a result of weather-related conditions such as mud, flooding, river ice or debris, or falling trees. The lessees shall use the leased premises at their own risk.
No lessee shall use the leased premises for any commercial purpose; lessees shall not sublet their lot(s), and shall not rent their lot(s) to other persons for special events of any kind.
Any lot which is not leased as provided for in § 403-13, or which is created subsequent to the enactment of this article, may be made available to residents of Kittanning Borough through a process to be established by the Borough Council such as a lottery. The rent which is due in such a circumstance need not be commensurate with the rent due from established lessees who have accepted the option as described in § 403-13 of this article.
In accordance with the requirements of the Army Corps of Engineers, no person may construct or install any stairs, steps, ladders or any type of structure to climb over the flood wall. All persons who lease any lot, and any person who crosses over the flood wall, shall either climb over the wall or use the steps to be constructed and maintained by the Borough in compliance with the requirements of the Army Corps of Engineers.