[HISTORY: Adopted by the Town Board of the
Town of Liberty 7-9-1987 by L.L. No. 2-1987. Amendments noted where
applicable.]
The purpose of this chapter is to promote the
health, safety and general welfare of the community, including the
protection and preservation of the Town of Liberty and of its inhabitants,
by establishing specific requirements and regulations governing the
operation and maintenance of campgrounds and recreational vehicle
(RV) parks.
For the purpose of this chapter, the following
words, terms and phrases shall have the meanings ascribed to them
in this section:
The development of a lot, tract or parcel of land for the
purpose, whether immediate or future, of lease, rent, sale or transfer
of ownership, for the purpose of providing a site for travel trailers,
truck campers, camper trailers, motor homes or tents for transient
use. "Campgrounds," "recreational vehicle parks," primitive camping
facilities and other similar facilities shall fall under this definition.
This definition is not, however, intended to cover second-home communities
of single-family dwellings or mobile home parks.
TRANSIENT CAMPGROUNDS OR RV PARKSPublicly operated facilities or businesses offering sites with the usual accessory recreational and service facilities, not normally including eating facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis.
NONTRANSIENT CAMPGROUNDS OR RV PARKSPlanned private communities with recreational and service facilities, including central water and sewer facilities and usually a restaurant and/or bar, lounge, chapel and community hall, 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.
A lot within a campground or RV park used for tent camping
or as a site for recreational vehicles; or a tract of land otherwise
offered by the developer or operator through sale, lease, rent, membership
or other means for camping purposes.
A vehicular unit primarily designed as temporary living quarters
for recreational camping or travel use, which either has its own motive
power or is mounted on or drawn by another vehicle. The basic entities
are: travel trailer, camping trailer, truck camper and motor home.
A.
No person, partnership, association or corporation,
being the owner or occupant of any land within the Town of Liberty,
shall use or allow the use of such land for a campground or RV park
unless a license has been obtained as herein provided.
B.
Issuance of license.
(1)
The Code Enforcement Officer of the Town of Liberty
shall issue a license after approval of the application by the Town
Planning Board pursuant to special use/site plan review criteria.[1] Said license shall be effective from the date of issuance
until surrendered by the licensee or revoked by the Code Enforcement
Officer.
(3)
The license shall be transferred to a new owner of
a campground or RV park, provided that all of the requirements of
this chapter are met.
C.
Supplemental license.
(1)
Any person holding a license for a campground or RV
park who desires to add additional lots to such park shall file an
application for a supplemental license.
(2)
The application for such supplemental license must
be accompanied by four sets of plans and specifications and shall
be filed and processed as provided herein for new campgrounds or parks.
(3)
When approved, the Code Enforcement Officer shall
issue a supplemental license which will be effective from the date
of issuance and continue until surrendered by the licensee or revoked.
A.
Each application for a campground or RV park license
shall be in writing and signed by the applicant.
B.
The application and plans and related information
shall be filed with the Code Enforcement Officer in quadruplicate.
D.
The Code Enforcement Officer, within 30 days of the
filing of the Planning Board action, shall issue the license, provided
that all other requirements of this chapter are met.
E.
If the application is disapproved, the applicant shall
have the right to appeal to the Zoning Board of Appeals. Any disapprovals
shall be in writing and include the reasons therefor. The Code Enforcement
Officer shall not issue a license in any instance where the Planning
Board has not approved the site plan.
A.
Each application shall be accompanied by four complete
sets of plans which are prepared by a licensed land surveyor, engineer
or other qualified person.
B.
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 applicant is
an association or corporation.
(2)
The description of the land that is proposed to be
used as a campground or RV park, together with a map showing its location
in the Town.
(3)
The number of 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 a written
statement signed by the owners consenting that the premises be used
for a campground or RV park.
C.
Four copies of a location map shall be presented with
the application which show all land within 300 feet of the 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 park.
D.
Proposed development. The application shall be accompanied
by four copies of a location map showing the following:
(1)
The location and widths of all entrances, exits and
streets.
(2)
The location, size and arrangement of each lot within
the 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.
A.
Minimum development area. A campground or RV park
shall have a gross area of at least five contiguous acres of land
in single ownership or under unified control.
B.
Screening requirements. All campgrounds and RV parks
shall provide and maintain a vegetative screening strip of planted
or natural growth along all property boundary lines. Such screening
shall be at 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 material shall be required and approved by the Planning Board.
C.
Lot and siting requirements.
(1)
RV parks or campsites shall be at least 50 feet wide
and 100 feet deep, except transient campgrounds or RV parks, which
may be clustered. Gross density, however, shall not exceed a total
of eight sites per acre for the development. Frontage on culs-de-sac
may be varied.
(2)
Individual campground or RV park lots or campsites shall be separate from service building structures and other occupied buildings and structures by a minimum distance of 50 feet. Also, notwithstanding the requirements of Subsection B above, no recreational vehicle or tent platform shall be located closer than 25 feet to the street right-of-way nor closer than 25 feet to any other recreational vehicle or tent platform or 200 feet to any adjacent property line.
D.
Off-street parking requirements. At least two off-street
parking spaces shall be provided for each site, at least one of which
spaces shall be provided on the lot itself.
E.
Streets.
(2)
Transient campgrounds or RV parks. Transient recreational
land development streets shall be not less than 50 feet in right-of-way
width and shall be cleared, graded and constructed as required by
the Town Planning Board upon recommendation of the Town Engineer,
based upon the size of the Campground or RV park, site conditions
and type of development proposed (i.e., primitive tent camping or
RV camping).
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 campsite occupants shall fully comply, as evidenced
by approved plans, with standards imposed by the New York State Department
of Health and the Town of Liberty.
G.
Other regulations.
(1)
The following additional regulations shall apply to
all campgrounds or 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 densely populated 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
camp grounds 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 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 campground or RV park unless the owner has
given written permission for such use. Each campground or RV park
operator shall provide off-street parking, loading and maneuvering
space located and sealed so that the prohibitions above may be observed
and shall be responsible for violations of these requirements.
(f)
Occupancy. Campsites shall be used only for
camping purposes. No improvement or any mobile home designed for permanent
occupancy shall be erected or placed on any campsite. All recreational
vehicles in the development shall be maintained in a transportable
condition at all times. Any action toward removal of wheels or to
attach the recreational vehicle to the ground for stabilization purposes
is hereby prohibited. Moreover, no campsite shall be occupied for
more than six consecutive months, and no campsite shall be the primary
and principal residence of the owner or any other occupant, each campsite
to be used and occupied (excepting for occasional guests) for camping
and recreational purposes only by a single household. The Code Enforcement
Officer may require any owner to remove a recreational vehicle from
the campground for a period of seven days unless such owner can establish
a prior removal within the immediately preceding six months. These
requirements shall be attached to each campsite sale or membership
in nontransient campgrounds or RV parks by restrictive covenant.
(g)
Records. The management of every campground
or RV park shall be responsible for maintaining accurate records concerning
the occupancy of all campsites. The term "management" shall include
associations of property owners when such are responsible for maintenance
and operation of common facilities. The Code Enforcement Officer shall
have access to, and the right 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 campsites in a recreational development until the owners and/or
management provide evidence of compliance with these provisions.
(h)
Sanitary waste disposal. No owner or occupant
of any campsite or campground or RV park lot shall permit or allow
the dumping or placement of any sanitary or other waste anywhere upon
any campsite or elsewhere within the development, except in places
designated therefor. No outside toilets shall be erected or maintained
on any campsite. 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 within 600
feet of each lot or campsite.
(i)
Fences. All property lines within the development
shall be kept free and open, and no fences, except as may be required
by screening sections 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. No noxious or offensive activities
or nuisances shall be permitted on any campsite.
(k)
Animals. No animals shall be kept or maintained
on any campsite, 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 campsite. All such
refuse shall be placed and kept in airtight receptacles for the same,
which shall be provided by the owners of the campsites. No owner shall
permit the accumulation of litter or refuse or junk vehicles on a
campsite.
(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 campsite. All personal property on a campsite 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 or her campsite free and unobstructed
and in good repair and shall provide for the installation of such
culverts upon his or her campsite as may be reasonably required for
proper drainage. The owner shall also prevent erosion on his or her
campsite.
(o)
Drilling and mining. No drilling, refining,
quarrying or mining operation of any kind shall be permitted nor shall
drilling for water or digging of water wells be permitted on any individual
camp site.
(p)
Vehicle parking. No recreation vehicle shall
be parked on any street or roadway within the development.
(q)
Fire rims. Each campsite 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.
(r)
Water supply. Potable water drinking supplies
shall be provided within 300 feet of each campsite.
(2)
The operational standards contained in this section
shall be incorporated in restrictive covenants attached to the deeds
for lots in nontransient campgrounds or RV parks and shall be made
part of a management plan for any transient campgrounds or RV parks,
which covenants and/or plan shall be approved by the Planning Board
in its review of site development plans for the campground or RV park.
A management plan shall be required for all campgrounds or RV parks,
and restrictive covenants incorporating the standards of this section
shall be required of all nontransient campgrounds or RV parks. A plan
or set of covenants which does not adequately provide for conformance
with this section shall not be approved. The plan and/or covenants
shall also provide the Town with the option (but not the obligation)
of being a party to their enforcement and include a right for the
Town to periodically inspect the development for continued compliance
with the plan and/or covenants.
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 any campground or RV park or
other premises used as campsites or for the parking or placing of
recreational vehicles.
A.
If the Code Enforcement Officer finds that a campground
or RV park for which a license has been issued is not being maintained
in a clean and sanitary condition or is not being operated in accordance
with the provisions of this chapter, he or she may serve personally
or by certified mail upon the holder of the license a written order
which will require the holder of the license to correct the conditions
specified in such order within 10 days after the service of such order.
B.
If the holder of such license shall refuse or fail
to correct the condition or conditions specified in such order, the
Code Enforcement Officer may revoke such license, and the holder of
the license shall thereupon terminate the operation of such mobile
home park.
C.
However, if the owner or operator of such recreational
vehicle park shall thereafter correct such conditions and bring the
recreational vehicle park into compliance with this chapter, such
owner may then apply for issuance of a new license for such park,
and if the application is approved and a license is granted, the applicant
shall pay to the Town the fee required by this chapter without any
credit for the fee paid for the license which was revoked.
A.
Any person, partnership, association or corporation
who violates any provision of this chapter shall be guilty of an offense
against this chapter and subject to a fine of not less than $25 nor
more than $100 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.
The Code Enforcement Officer may, in addition to the
above-provided penalties, 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.
None of the provisions of this chapter shall
be applicable to the following:
A.
The business of recreational vehicle sales.
B.
The storage of a recreational vehicle not being used
on premises occupied as the principal residence by the owner of such
recreational vehicle; provided, however, that such unoccupied recreational
vehicle shall not be parked or located between the street line and
the front building line of such premises.
C.
A recreational vehicle located on the site of a construction
project, survey project or other similar work project and which is
used solely as a field office or work- or toolhouse in connection
with such project, provided that such recreational vehicle is removed
from such site within 30 days after the completion of such project.
The issuance of any 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 or by any occupant of
any court or campground or RV park, with any statute of the State
of New York, law or health regulation of the State of New York or
the County of Sullivan or the Town of Liberty or with any provision
of this chapter.
A.
The regulations of this chapter shall apply to any
extension of existing campgrounds or RV parks, including increases
in the number of lots or available spaces, even though no addition
to total land area is involved.
B.
The standards of § 117-6G(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 procedure.
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.
A.
The Zoning Board of Appeals may, for good cause shown,
authorize variations from the strict interpretation of the provisions
of this chapter affecting existing recreational vehicle parks and
recreational vehicles.
B.
Procedure for variance.
(1)
The owner of an existing recreational vehicle park
or recreational vehicle outside a park may apply for a variance by
filing an application with the Code Enforcement Officer, together
with an application for a license, setting forth the reasons for the
variance.
(2)
The application for the variance shall be provided
to the Town of Liberty Planning Board for a thirty-day opportunity
to review and comment. The Board of Appeals, after receiving the recommendations
from the Code Enforcement Officer and the Planning Board, shall have
the authority to grant or deny the variance, which action shall be
taken within 90 days of the Code Enforcement Officer receipt of the
variance application.
In all cases where this chapter requires action,
reports, recommendations or approval of plans by the Planning Board,
the Planning Board shall submit the findings and recommendations to
the Zoning Board of Appeals or Code Enforcement Officer within 30
days after receipt by it of a copy of the plans and application. In
the event that the report and recommendations of the Planning Board
shall not be submitted to the Zoning Board of Appeals or Code Enforcement
Officer within said time and said time has not been extended by the
Board of Appeals or Code Enforcement Officer, final action may be
taken by the Board of Appeals without the recommendations and report
of the Planning Board.
