Town of Bethel, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bethel 9-23-2014 by L.L. No. 1-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animal control — See Ch. 83.
Mass public assemblies — See Ch. 90.
Mobile home parks — See Ch. 214.
Noise — See Ch. 220.
Solid waste — See Ch. 279.
Subdivision of land — See Ch. 300.
Zoning — See Ch. 345.
§ 120-1.
[1]
Editor's Note: This local law also repealed former Ch. 120, Campgrounds and Recreational Vehicles, adopted 7-27-1995 (Ch. 57 of the 1990 Code), as amended.

§ 120-1 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the Town of Bethel and of its inhabitants by establishing specific requirements and regulations governing camping and the operation and maintenance of campgrounds and recreational vehicle (RV) parks.

§ 120-2 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall have the meaning ascribed to them in this section:
CAMPGROUND OR RECREATIONAL VEHICLE PARK
The development or use of a lot, tract or parcel of land for the purpose of providing a site for travel trailers, truck campers, camper trailers, recreational vehicles or tents for camping. Campsites, campgrounds or recreational vehicle parks, tent camping facilities and other similar facilities, regardless of whether rights to occupy a campsite are conveyed by lease, rent, sale or any other means, shall be included in this definition. Also, this definition shall include those situations where camping occurs with no specific rights of occupation offered but the use is nonetheless permitted by the owner's direct or indirect action or lack thereof.
A. 
Persons offering five or more campsites or RV park lots with or without accessory recreational facilities or permanent water and sewer infrastructure, for use for tent camping and/or recreational vehicle camping on a transient basis for a period of time not to exceed 60 cumulative hours in any calendar year as set forth in 10 New York CRR 7-1.2(a)(5) or any amendment thereof. Notwithstanding the foregoing, and as set forth in this chapter, the sixty-cumulative hour standard may be increased by a waiver approved by the New York State Department of Health and the Planning Board.
B. 
Planned communities with recreational and service facilities, including central water and sewer infrastructure and may include a restaurant and/or bar, lounge, house of worship and community center, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common or may be owned individually by deed conveyance or may be leased on an annual, monthly or other seasonal basis. Any use of real property as a campground or recreational vehicle park that does not qualify as a transient campground or recreational vehicle park, and is not otherwise governed by § 120-10, shall be deemed to be a nontransient campground or recreational vehicle park.
CAMPING
The use of a property as a site for the parking of recreational vehicles, travel trailers or similar equipment, including motor vehicles which are used for sleeping overnight, and/or the erection of tents or other structures to serve as temporary shelters.
CAMPSITE
A lot or space within a campground or RV park used for tent camping or as a site for recreational vehicles; or an area of land otherwise offered by the owner, developer or operator through sale, lease, rent, membership or any other means for camping purposes, regardless of whether or not done for pecuniary gain.
CONSTRUCTION TRAILER
A vehicular unit which either has its own motor power or is mounted on or drawn by another vehicle and used or intended to be used solely in connection with construction or development for the storage of materials, tools or equipment or for office purposes. The term "construction trailer" shall not include a dwelling, mobile home, recreational vehicle or any other vehicle designed or used as living or sleeping quarters.
A. 
For the purposes of this chapter only, a dwelling is any building:
(1) 
For which a certificate of occupancy has been issued by the Town for use as a dwelling; or
(2) 
Designed and used exclusively as the residence or sleeping place for one or more persons and which use predated the requirement to obtain a certificate of occupancy for that use.
B. 
Notwithstanding the foregoing, a dwelling shall not include a recreational vehicle or RV.
RECREATIONAL VEHICLE OR RV
A vehicular unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper and motor home.

§ 120-3 Transient campground or RV park; license required.

A. 
No person, partnership, association, limited liability or other company, entity or corporation, being the owner, user, operator or occupant of any land within the Town of Bethel, shall use or allow the use of such land for a transient campground or transient RV park unless a license has been obtained as herein provided.
B. 
License application procedure.
(1) 
Each application for a transient campground or RV park license shall be in writing, signed by the applicant and accompanied by the required license application fee. Each application shall contain the information required by § 120-5A and C of this chapter, subject to any waiver issued pursuant to § 120-5C(11)(a). In addition, the application shall identify each waiver application or request that has been, or will be, made to the New York State Department of Health for relief from any of its regulations applicable to the subject matter of this chapter. An applicant may request a preapplication meeting with the Chairman of the Planning Board or his designee prior to the submission of a completed application to review the site plan and site plan waiver requirements.
(2) 
The application and plans and related information shall be filed with the Code Enforcement Officer in accordance with the requirements of § 345-31D and E of the Town Code.
(3) 
Upon receipt of the license application fees and any escrow funds required by Town Code § 345-60, the Code Enforcement Officer shall promptly transmit copies of the application and plans to the Planning Board, which shall review the application pursuant to the site plan review requirements of §§ 345-31 and 120-6 of the Town Code. The Planning Board shall determine whether the application is complete.
(4) 
If an applicant receives a relevant waiver from the State Department of Health, it may seek a waiver of any of the requirements of this Chapter 120 which pertain to the same subject matter as the State Department of Health waiver, upon written application to the Planning Board. Said waiver application must provide written evidence of the waiver received from the State Department of Health. Notwithstanding the foregoing, the Planning Board shall not be required to grant any waiver application.
C. 
Issuance of license.
(1) 
Any license application approved by the Planning Board shall be subject to any approvals required or issued by the State Department of Health for the use in question. Upon receipt, the applicant shall provide a copy of any such approvals given by the New York State Department of Health to the Code Enforcement Officer as clerk of the Planning Board.
(2) 
The Code Enforcement Officer of the Town of Bethel shall issue a license after approval of the license application by the Planning Board. Said license shall:
(a) 
Adhere to the site plan approved by the Planning Board; and
(b) 
Be effective only:
[1] 
During the calendar year in which it is issued; and
[2] 
For a period of time not to exceed 60 cumulative hours unless a waiver is obtained from the New York State Department of Health and the Planning Board allowing an increase of the sixty-cumulative-hour standard.
(3) 
A license shall not be transferable or assignable and shall expire upon a change of the operator of the campground or the ownership of the real property in question.
(4) 
A license shall be posted in a conspicuous place on the real property in question.
(5) 
An application for a license or the renewal of a license may be denied by the Planning Board when the applicant has exhibited a history of noncompliance with the requirements of this chapter; the campground is found to be a potential source of danger to the general public health and safety or the health and safety of the occupants of the campground; or the transient campground or RV park does not comply with the requirements of this chapter.
D. 
Renewal of licenses.
(1) 
Any person to whom a license has been issued pursuant to this § 120-3, may seek renewal of that license in a subsequent calendar year provided that:
(a) 
An application is filed with the Code Enforcement officer seeking a renewal of the license in question;
(b) 
The application fee is paid; and
(c) 
The application relies upon a previously approved site plan with no substantial changes proposed.
(2) 
Evaluation by Planning Board.
(a) 
The Planning Board may renew a license if, in its sole discretion, it determines that:
[1] 
The applicant conducted the use in accordance with the terms of the license, the approved site plan and the applicable requirements of this chapter;
[2] 
The approved site plan was and will continue to be satisfactory in addressing its statutory purposes as delineated at Town Code § 345-31B;
[3] 
The transient campground or RV park is not a potential source of danger to the general public health and safety or the health and safety of the occupants of the campground or RV park; and
[4] 
The application for a license renewal does not contain any substantially new elements that compel a new site plan or the substantial amendment of the previously approved site plan.
(b) 
The Planning Board may waive any public hearing requirements that may be otherwise applicable to the renewal of a license.
(3) 
In the event that the Planning Board elects not to reissue a license pursuant to a previously approved site plan, the applicant may file an application for the issuance of a new license in accordance with § 120-3B and C.
E. 
Fees. The applicant for any new or renewed license shall pay the Town a fee as set from time to time by resolution of the Town Board.

§ 120-4 Nontransient campground or RV park; special use permit required.

A. 
No person, partnership, association, limited liability or other company, entity or corporation, being the owner, user, operator or occupant of any land within the Town of Bethel, shall use or allow the use of such land for a nontransient campground or nontransient RV park unless a special use permit has been obtained as herein provided.
B. 
Special use application procedure.
(1) 
Each application for a nontransient campground or RV park special use permit shall be in writing, signed by the applicant and accompanied by the required application fee. Each application shall contain the information required by § 120-5 of this chapter. Each application shall be accompanied by a management plan delineating how the nontransient campground or RV park will be operated. In addition, the application shall identify each waiver application or request that has been, or will be, made to the New York State Department of Health for relief from any of its regulations applicable to the subject matter of this chapter.
(2) 
The application, management plan and any related information shall be filed with the Code Enforcement Officer in accordance with the requirements of §§ 345-30 and 345-31 of the Town Code.
(3) 
Upon receipt of the application fees and any escrow funds required by Town Code § 345-60, the Code Enforcement Officer shall promptly transmit copies of the application and management plan to the Planning Board, which shall review the application and management plan pursuant to the special use review requirements of § 345-30 of the Town Code. The Planning Board shall determine whether the application is complete.
(4) 
Any special use permit approved by the Planning Board shall be subject to any approvals required or issued by the State Department of Health for the use in question. Upon receipt, the applicant shall provide a copy of any such approvals given by the New York State Department of Health to the Code Enforcement Officer as clerk of the Planning Board.
(5) 
If an applicant receives a relevant waiver from the State Department of Health, it may seek a waiver of any of the requirements of this Chapter 120 which pertain to the same subject matter as the State Department of Health waiver, upon written application to the Planning Board. Said waiver application must provide written evidence of the waiver received from the State Department of Health. Notwithstanding the foregoing, the Planning Board shall not be required to grant any waiver application.

§ 120-5 Application data.

A. 
Each application shall contain the following information:
(1) 
The name and address of the applicant; or the name and address of each partner if the applicant is a partnership; or the name and address of each officer and director if the application is an association or corporation.
(2) 
The description of the land that is proposed to be used as a campground or RV park.
(3) 
The number of campsites or RV lots to be provided in such campground or park.
(4) 
The names and addresses of the owners of the property on which the campground or RV park is to be located and, if the applicant is not the owner of the site, the applicant shall submit with the application an owner's proxy form duly executed by the property owner whose signature shall be witnessed by a notary public.
B. 
Applicants for a nontransient campground special use permit shall also supply 10 copies of a location map with the application which show all land within 300 feet of the campground or RV park, the location and size of each lot, the location of all streets and roads adjacent to and within the park, uses of adjacent land and the owners of adjacent land and the location of all water and sewer lines and utilities within the campground or RV park.
C. 
Proposed development. The application shall be accompanied by 10 copies of a site plan showing the following:
(1) 
The location and widths of all entrances, exits and streets.
(2) 
The location, size and arrangement of each lot or camping space within the campground or RV park.
(3) 
The method and plan for electric lighting.
(4) 
The location and plan of all proposed structures and improvements.
(5) 
Plans for landscaping.
(6) 
Stormwater drainage.
(7) 
Utilities.
(8) 
Water supply.
(9) 
Portable or permanent toilets.
(10) 
Shower facilities.
(11) 
Upon the request of the applicant and at the discretion of the Planning Board, the Planning Board:
(a) 
May waive any of the elements set forth at § 120-5C(1) through (10); and
(b) 
May allow an applicant for a transient campground license to submit a sketch site plan in lieu of a formal or engineered site plan.
(12) 
The Planning Board, in its sole discretion, may require the site plan to show any of the elements required by Town Code §§ 345-30B or 345-31E.

§ 120-6 Design standards and general requirements.

A. 
Minimum development area. A transient campground or RV park shall have a gross area of at least five contiguous acres of land in single ownership or under unified control and a nontransient campground or RV park shall have a gross area of at least 25 contiguous acres of land in single ownership or under unified control.
B. 
Screening requirements. All nontransient campgrounds and RV parks shall provide and maintain a screening strip of planted natural materials along all property boundary lines. Such screening shall be a depth of not less than 20 feet, to effectively screen the area within a reasonable time period (five to 10 years). A planting plan specifying types, size and location of existing and proposed plant materials shall be required and reviewed as part of the special use permit application.
C. 
Lot and siting requirements.
(1) 
Campsites shall be a minimum of 30 feet wide and a minimum of 1,250 square feet in area. There shall be permitted only one recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter per campsite. There shall be at least a five-foot clearance between the boundaries of the campsite and the exterior surfaces of the recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter in question.
(2) 
Campsites shall be separate from service building structures by a minimum distance of 50 feet. No campsites shall be located closer than 50 feet to the right of way of any street or highway or any adjacent property line.
D. 
Off-street parking requirements. At least one off-street parking space shall be provided for each campsite.
E. 
Streets.
(1) 
Nontransient campgrounds or RV parks. The residential street design standards contained in Chapter 300, Subdivision of Land, shall apply to streets within nontransient campgrounds and RV parks.
(2) 
Transient campgrounds or RV parks. Transient recreational land development streets shall be cleared, graded and improved to a twelve-foot width for one-way traffic and twenty-foot width for two-way traffic.
F. 
Sewerage and water supply. No individual on-site sewerage or water supply shall be permitted, and all community systems for the common use of campground occupants shall fully comply, as evidenced by approved plans, with standards imposed by the New York State Department of Health and the Town of Bethel.
G. 
Other regulations.
(1) 
The following additional regulations shall apply to all nontransient campgrounds and RV parks:
(a) 
Appurtenances. No permanent external appurtenances, such as carports, cabanas or patios, may be attached to any travel trailer or other recreational vehicle parked in a campground or RV park, and the removal of wheels or placement of the unit on a foundation in such a park is prohibited.
(b) 
Location. A campground or RV park shall be so located that no entrance or exit from a park shall discharge traffic into a residential area exceeding one dwelling per acre nor require movement of traffic from the park through such an area to obtain access to a public highway. A minimum of 150 feet of frontage on a state, county or Town highway shall be required.
(c) 
Common use areas. A minimum of 10% of the gross site area of the campground or RV park shall be set aside and developed as common use areas for open and enclosed recreational facilities. No recreational vehicle site, required buffer strip, street right-of-way, cartway, storage area or utility site shall be counted as meeting this requirement.
(d) 
Entrances and exits. Entrances and exits to nontransient campgrounds or RV parks shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with free movement of traffic on adjacent streets. All traffic into or out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and the radii of curbs and pavements at intersections shall be such as to facilitate easy turning movement for vehicles with trailer attached. No intersection of an entrance and/or exit with a state, county or Town highway shall be located where less than 500 feet of sight distance exists in either direction along the state, county or Town highway, nor shall such intersection be located within 150 feet of any other intersection.
(e) 
Parking areas. In connection with the use of any nontransient campground or RV park, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk, required buffer, right-of-way or any public grounds, nor any private grounds not part of the nontransient campground or RV park unless the owner has given written permission for such use. Each nontransient campground or RV park operator shall provide off-street parking and loading and shall be responsible for violations of these requirements.
(f) 
Occupancy. Campground or RV park lots shall be used only for camping purposes. No improvement or living unit designed for permanent occupancy shall be erected or placed on any campground or RV park lot. All recreational vehicles in the development shall be maintained in a transportable condition at all times and meet all requirements which may be imposed by the State of New York. Any action toward removal of wheels or to attach the recreational vehicle to the ground for stabilization purposes is hereby prohibited. Moreover, no campground or RV park lot shall be occupied for more than six consecutive months, and no campground or RV park lot shall be the primary and principal residence of the owner or any other occupant, each campground or RV park lot to be used and occupied (excepting for occasional guests) for camping and recreational purposes only by a single household.
(g) 
Records. The management of every nontransient campground or RV park shall be responsible for maintaining accurate records concerning the occupancy of all campground or RV park lots. The term "management" shall include associations of property owners when such are responsible for maintenance and operation of common facilities. The Town Code Enforcement Officer shall have access to, and the right, pursuant to applicable law, to inspect, records for evidence of permanent residency or lack thereof. The Town Board and/or Code Enforcement Officer shall, in addition, have the authority, when any provision of this chapter is violated, to prohibit the occupancy of any and all nontransient campground or RV park lots until the owners and/or management provide evidence of compliance with these provisions.
(h) 
Sanitary facilities. No owner or occupant of any campground or RV park lot or within such campground or RV park lot shall permit or allow the dumping or placement of any sanitary or other waste anywhere upon any campground or RV park lot or elsewhere within the development, except in places designated therefor. No outside toilets shall be erected or maintained on any campground or RV park lot. Plumbing fixtures within any recreational vehicles placed upon lots in the campground or RV park shall be connected to the sewage disposal system for the development. Sanitary facilities, including toilets, urinals and showers, shall be provided in separate buildings located not less than 100 feet or more than 500 feet from each campground or RV park lot.
(i) 
Fences. All property lines within the development shall be kept free and open; and no fences, except as may be required for screening or as may exist naturally, ledges or walls shall be permitted thereon. This shall not, however, preclude the erection of fences around the perimeter of the development.
(j) 
Nuisances.
[1] 
No noxious or offensive activities or nuisances shall be permitted on any campground or RV park lot or anywhere within such developments. Such nuisances shall include, but not be limited to:
[a] 
Noise which exceeds the limitations of Chapter 220, Noise, of the Bethel Code;
[b] 
Uncontrolled fires or any burning which results in soot, cinders, smoke, noxious fumes, gases or unusual odors emanating beyond the property line of the development; and
[c] 
Any other activity which would, notwithstanding the numbers of persons assembling or camping, exceed the limitations found in Chapter 90, Assemblies, Mass Public, of the Bethel Code.
[2] 
Responsibility for meeting such requirements shall extend in all circumstances to individual occupants of campground or RV park lots as well as owners and operators.
(k) 
Animals. No animals shall be kept or maintained on any campground or RV park lot, except the usual household pets. Pets shall be kept confined so as not to become a nuisance.
(l) 
Garbage and refuse disposal. No person shall burn trash, garbage or other like refuse on any campground or RV park lot. All such refuse shall be placed and kept in airtight receptacles for the same, which shall be provided by the owners of the campground or RV park lots. No owner or occupant shall permit the accumulation of litter or refuse or junk vehicles on a campground or RV park.
(m) 
Camping accessories. Notwithstanding any provisions herein contained to the contrary, picnic tables, benches, storage sheds, fireboxes or fireplaces and similar items of personal property may be placed on a campground or RV park lot. All personal property on a campground or RV park lot shall be maintained in good condition so as not to become unsightly.
(n) 
Ditches and swales. Each owner shall keep drainage ditches and swales located on his campground or RV park lot free and unobstructed and in good repair and shall provide for the installation of such culverts upon his campground or RV park lot as may be reasonably required for proper drainage. He shall also prevent erosion on his campground or RV park lot.
(o) 
Vehicle parking. No recreation vehicle shall be parked on any street or roadway within the campground or RV park.
(p) 
Fire rims. Each campground or RV park lot fireplace (if charcoal or gas grills are not provided) shall be provided with a fire rim of concrete construction at least eight inches in height to contain the fire.
(q) 
Water supply. Potable water drinking supplies shall be provided within 300 feet of each campground or RV park lot and be operational during any period of occupancy.
(r) 
Fire and emergency access. Every campsite shall be accessible by fire and emergency equipment and shall be maintained in such condition, free of obstacles to access.
(2) 
The following regulations appearing at Town Code § 120-6G(1) shall be applicable to transient campgrounds and RV parks: § 120-6G(1)(j), (k), (l), (o) and (r). In addition, the following regulations are also applicable to transient campgrounds and RV parks:
(a) 
Occupancy. Campground or RV park lots shall be used only for camping purposes. No improvement or living unit designed for permanent occupancy shall be erected or placed on any campground or RV park lot. All recreational vehicles in a transient campground or RV park shall be maintained in a transportable condition at all times and meet all requirements which may be imposed by the State of New York;
(b) 
Sanitary facilities. No owner or occupant of any transient campground or RV park lot or within such campground or RV park lot shall permit or allow the dumping or placement of any sanitary or other waste anywhere upon any campground or RV park, except in places designated therefor. Toilets shall be erected or maintained on any transient campground or RV park lot per the requirements of the license issued by the Planning Board;
(c) 
Fire rims. Where applicable, each campsite fireplace shall be provided with a fire rim of materials approved by the Planning Board and of sufficient height to contain the fire; and
(d) 
Water supply. Potable water supplies shall be provided per the requirements of the license issued by the Planning Board.

§ 120-7 Enforcement.

The Code Enforcement Officer shall enforce all of the provisions of this chapter and shall have the right, at all reasonable times, to enter and inspect the grounds of any transient or nontransient campground or RV park or other nonresidential buildings used in any transient or nontransient campground or RV park such as shower facilities, toilets, vendors' stands, or other facilities associated with the operation of the campground or RV park. Nothing herein shall confer authority upon the Code Enforcement Officer the right to enter and inspect the interior of any RV, travel trailer or similar equipment, tent or other structure serving as a temporary shelter without the permission of the owner or occupant thereof or the prior issuance of lawful process. The Code Enforcement Officer may order any transient campground or RV park operating without a license as required in § 120-3, or any nontransient campground or RV park operating without a special use permit as required in § 120-4, to close, and remain closed until a valid license or special use permit for operation of a campground or RV park is obtained.

§ 120-8 Camping prohibited; exceptions.

No person, partnership, association, limited liability or other company, entity or corporation, being the owner, user, operator or occupant of any land within the Town of Bethel, shall use or allow the use of such land for camping unless a license shall have been issued therefor pursuant to § 120-3 of this chapter or a special use permit shall have been issued therefor pursuant to § 120-4 of this chapter. Notwithstanding the foregoing, the following uses are permissible uses:
A. 
Camping by the owner, or his or her invitees, on his or her own real property is permitted provided that:
(1) 
There are four or fewer campsites on each tax lot as those lots appear on the tax map for the Town;
(2) 
Multiple campsites shall be governed by the lot and siting requirements set forth at § 120-6;
(3) 
There shall be permitted only one recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter per campsite;
(4) 
Any recreational vehicle must be inspected and registered with the State of New York in accordance with the Vehicle and Traffic Law and any recreational vehicle, travel trailer or similar equipment must be operable at all times and the wheels of each such vehicle shall remain attached;
(5) 
Any such recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter per campsite must be structurally sound and in good repair;
(6) 
There shall be no more than six persons per recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter;
(7) 
Camping shall not occur more than 30 cumulative days annually;
(8) 
Camping takes place in the side or rear yard of an improved lot; and
(9) 
Camping takes place in a screened portion of an unimproved lot, where practicable;
B. 
Camping by the owner, or his or her invitees, on his or her own real property, which real property contains a dwelling, is permitted provided that:
(1) 
There are four or fewer campsites on each tax lot containing a dwelling as those lots appear on the tax map for the Town;
(2) 
Multiple campsites shall be governed by the lot and siting requirements set forth at § 120-6;
(3) 
There shall be permitted only one recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter per campsite;
(4) 
Any recreational vehicle must be inspected and registered with the State of New York in accordance with the Vehicle and Traffic Law and any recreational vehicle, travel trailer or similar equipment must be operable at all times and the wheels of each such vehicle shall remain attached;
(5) 
Any such recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter per campsite must be structurally sound and in good repair;
(6) 
There shall be no more than six persons per recreational vehicle, travel trailer or similar equipment, or tent or other structure serving as a temporary shelter;
(7) 
Camping shall not occur more than 180 cumulative days annually; and
(8) 
Camping takes place in the side or rear yard of the dwelling lot;
C. 
Use as temporary shelter by owner.
(1) 
The use of an RV as a temporary shelter by the owner of real property, which real property contains a permanent dwelling, shall be permitted provided that:
(a) 
The real property in question is used as the principal residence of the owner and his or her family or legal tenants;
(b) 
The permanent dwelling serving as the principal residence is no longer habitable due to a event of force majeure;
(c) 
The owner has received a building permit to repair or replace the permanent dwelling in question; and
(d) 
The owner obtains a temporary certificate of occupancy for the RV for use by persons displaced from the permanent dwelling.
(2) 
A temporary certificate of occupancy issued by the Code Enforcement Officer under this § 120-8C shall be limited to a maximum term of one year without renewal.
(3) 
As used herein, the term "an event of force majeure" shall include acts of God (such as storms, flooding, earthquake, volcanic eruption, etc.), fire, wars, insurrections and/or any other cause beyond the reasonable control of the owner and his or her family or legal tenants.

§ 120-9 Penalties for offenses; additional remedies.

A. 
Any person, partnership, association or corporation who uses any property or allows their property to be used in violation of any provision of this chapter shall, for a first offense, be guilty of a violation and shall be subject to imprisonment for not more than 30 days or to a fine of not more than $500, and for a second offense committed within five years of the first offense be guilty of a misdemeanor and shall be subject to imprisonment for not more than one year or to a fine of not less than $250 and not more than $1,000. When a violation of any of the provisions of this chapter is continuous, each day or portion thereof shall constitute a separate and distinct violation.
B. 
Upon duly adopted resolution, the Town Board, in addition to the above-provided penalties and any other remedies for damages or civil relief available to the Town, may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this chapter or to restrain by injunction the violation of this chapter. The remedies available to the Town shall be cumulative and not exclusive.

§ 120-10 Exceptions.

None of the provisions of this chapter shall be applicable to the following:
A. 
The business of recreational vehicle sales operating pursuant to applicable law;
B. 
Any mobile home park regulated under Chapter 214 of the Town Code;
C. 
A recreational vehicle, travel trailer, or similar equipment not in use may be stored on premises containing a dwelling owned or leased by the owner of such recreational vehicle, travel trailer, or similar equipment; provided, however, that the owner of such recreational vehicle, travel trailer, or similar equipment shall at all times comply with § 302.8 of the New York State Property Maintenance Code, or any amendment thereof; and
D. 
The lawful use of a construction trailer at a construction site for which a current building permit has been issued.

§ 120-11 Nonwaiver of compliance.

The issuance of any special use permit or license pursuant to the provisions of this chapter shall not be deemed to waive compliance by the holder thereof, by the property owner, operator or any occupant of any campground or RV park, with any applicable law or regulation, including but not limited to applicable regulations of the State of New York Department of Health.

§ 120-12 Applicability to existing nontransient campgrounds and RV parks.

A. 
The regulations of this chapter shall apply to any expansion of an existing campground or RV park, including increases in the number of lots or available spaces, even though no additional land area is involved in the expanded use.
B. 
The standards of § 120-6G(1)(a) and (e) through (p) shall also apply to existing parks except to the extent to which the same have been modified through the filing and acceptance by the Town of restrictive covenants applying to a particular development. Existing parks shall be assumed to have conformed to the formal license and renewal procedure if they have a use permit from the Town pursuant to Chapter 345, Zoning, or a permit from the New York State Department of Health.
C. 
Any existing park which does not have a permit from the Department of Health or approval from the Town shall not qualify for this treatment and shall be required to make a new submission.

§ 120-13 (Reserved)

§ 120-14 Review by Planning Board.

Where this chapter requires approval of an application by the Planning Board, the Planning Board shall issue its determination within 62 days of the later of:
A. 
The close of any public hearing held in connection with any such application; or
B. 
The final determination made by the Planning Board pursuant to the State Environmental Quality Review Act in connection with any such application.