[Adopted 5-25-2004 by L.L. No. 4-2004]
A.
The Board of Trustees of the Village of South Nyack (the "Board")
recognizes the particular importance of Hudson River access for the
residents of South Nyack.
B.
The Village of South Nyack owns property which fronts on the Hudson
River and was formerly used for general municipal purposes, but never
dedicated as a park for the use by the general public. This property
is described particularly on the Village's Official Map as follows:
Lot 66.46-2-12.
C.
It is the desire of the Board to provide for limited access to the
premises for low-impact recreational uses by the residents of South
Nyack only. Village Law Article 13 provides for the creation of a
so-called "self-supporting improvement" which may be limited to residents'
use only.
D.
The Board finds that the proposed recreational area can only accommodate
limited use in order to efficiently and economically use the facility,
both in terms of the number of users and the types and hours of usage.
E.
In order to promote this limited-use facility, the Board finds that
it is necessary to limit use to the residents of the Village and to
establish use regulations and establish user fees.
The Board hereby establishes the Charles D. Towt Recreation
Area (the "Towt Recreation Area"), which shall be the area specifically
described as follows.[1]
[1]
Editor's Note: A complete description of the recreation area
is on file in the Village offices.
The following use restrictions shall apply:
A.
The Towt Recreation Area shall be used only by residents of the Village
of South Nyack for access to the Hudson River for carry-in nonmotorized
watercraft.
B.
The Board shall periodically establish regulations for the use of
the Towt Recreation Area as are necessary to maintain a quiet and
enjoyable means of access to the river for Village residents.
C.
The Towt Recreation Area shall be used only from dawn to dusk from
May 1 through November 1 of each year.
D.
Only nonmotorized watercraft may be carried into the area for daily
use and then removed after use.
E.
No motorized vehicles shall be permitted.
F.
No barbecuing, picnicking, musical instruments, drums, radio or musical
playing devices shall be permitted.
G.
No smoking, fires, alcoholic beverages or littering shall be permitted.
H.
No animals shall be permitted.
I.
Village residents may only use the area upon making application for
an annual permit upon forms prepared by and administered by the Village
Clerk and upon the issuance thereof.
The Village Clerk shall establish the procedures for the use
of the area, including the establishment of a system of a locked gate
and keys used by permittees to access the area.
The Board may from time to time revise the schedule of fees
and amend the regulations for the use of the Towt Recreation Area.