Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 6-16-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Mobile home parks — See Ch. 114.
Parks and recreation areas — See Ch. 123.
Zoning — See Ch. 200.

§ 75-1 Purpose.

The purpose of this chapter is to promote the health, safety and general welfare of the community by establishing specific requirements and regulations governing the occupancy and maintenance of recreational vehicle parks and camping grounds.

§ 75-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CAMPER
One that camps, such as a person lodging temporarily in a tent, cabin, motor vehicle with space and equipment, in an attached trailer, for camping and recreational travel.
CAMPER, TRUCK
A temporary dwelling designed to be mounted on a pickup truck for use in travel, recreation and vacation.
CAMPING GROUND
A parcel of land with two or more spaces, intended to be used or rented for occupancy by campers, camping trailers or tents.
CAMPING TRAILER
A folding structure, made of canvas or other material, mounted on wheels and designed for travel, recreation and vacation use.
PERMIT
A written document issued by the Town Zoning Officer allowing a person to construct and operate a trailer parking area under the provisions of this chapter.
RECREATIONAL SITE
The development or use of a portion of land for the purposes of providing a temporary location for motor homes, travel trailers, truck campers, camper trailers, or tents for camping.
RECREATIONAL VEHICLE
Shall include:
A. 
A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
B. 
A portable vehicle built on a chassis, designed to be towed behind another vehicle and used as a temporary dwelling for travel, recreational and vacation use.
RECREATIONAL VEHICLE PARK (RV PARK)
A parcel of land in which two or more spaces are provided for the occupancy of recreational vehicles.
SANITARY STATION
A facility used for disposing of wastes from vehicle lavatory holding tanks.
SELF-CONTAINED TRAILER
A trailer which can operate independently of sewer, water and electrical connections. It contains a water-flush toilet, lavatory and kitchen sink, all of which are connected to water storage and sewage holding tanks located within the trailer.
SERVICE BUILDING
A structure housing a toilet, lavatory, showers and such other facilities as may be required by this chapter.
SERVICE SINK
A slop sink for the disposal of liquid wastes from campers.
TENT
A collapsible shelter made of canvas, nylon or other material stretched or sustained by poles.
TENT LOT
A parcel of land in a camping ground for the occupancy of a single tent, camper or camping trailer.

§ 75-3 Permit required.

A. 
Any person being the owner of any land within the Town of Wheatfield shall not use or allow the use of such land for an RV park, camping ground or combination of both unless an RV park/campground permit and certificate of occupancy have been obtained as provided herein.
B. 
In Commercial Districts, any new RV park, camping ground or combination of both shall only be located in a Commercial District (C-1), as an accessory use to a hotel or motel, and meet the requirements of a special permit and the requirements of this chapter.

§ 75-4 Application for permit.

A. 
A permit for an RV park, camping ground or a combination of both shall be filed with the Code Enforcement Officer and shall be accompanied by fee as set forth by the Town Board. The application for a permit or the renewal thereof shall be made on forms prescribed by the Town Board of the Town of Wheatfield and shall include the name and address of the owner. If the fee is vested in some person other than the applicant, a duly verified statement by the owner that the applicant is authorized by him to construct or maintain such recreational vehicle park, camping ground or combination of both shall accompany the application. Formal review by the Town Board will require a public hearing to be held on the initial permit or renewal of the permit.
B. 
Existing RV parks, camping ground or a combination of both shall be required to apply for an RV park/campground permit within six months of the passage of this chapter.
C. 
Each application shall be in legible writing and signed by the applicant.
D. 
The application, plans and related information shall be filed with the Code Enforcement Officer in quadruplicate.
E. 
The Code Enforcement Officer shall promptly transmit four copies of the application and plans to the Town Planning Board, which shall review the application pursuant to the site plan review requirements and special permit requirements of the Town of Wheatfield Zoning Law and this chapter and thereafter forward their recommendation to the Town Board.
F. 
The Code Enforcement Officer, within 45 days of the filing of the Town Board action, shall issue the permit, provided that all requirements have been met.
G. 
Each annual permit or renewal thereof shall expire on the 31st day of December following the issuance thereof. If the original permit is granted on or after July 1, the applicant shall be required to pay half the annual permit fee for the period expiring December 31.
H. 
Before such annual permit may be issued, there must be an approval by the Town Board of the Town of Wheatfield, after public hearing, and compliance with all the provisions of this chapter and all other applicable ordinances of the Town of Wheatfield.
I. 
Any applicant for an annual permit for an RV park, camping ground or combination of both shall state that he/she, as owner or operator, shall be responsible for the proper maintenance and upkeep of the proposed premises and shall further submit a detailed plan containing, but not limited to, the following information:
(1) 
Boundaries and areas of the plot;
(2) 
Description of roads leading to the site (include pavement width, ROW, weight class rating and capacity);
(3) 
Entrances, exits, roadways and walkways (location and widths);
(4) 
Layout and numbering plan of recreational vehicle lots and/or camping lots;
(5) 
Perimeter planting of trees and shrubs to provide a screen for adjoining highway and adjacent property;
(6) 
Number and location of service buildings and number of facilities therein;
(7) 
Plan of sewer system and disposal arrangements;
(8) 
Method and plan of garbage and refuse disposal;
(9) 
Water supply as it relates to fire protection (flows and pressures);
(10) 
Electric power distribution and general lighting;
(11) 
Means of providing for surface water runoff;
(12) 
Owner's and operator's names, addresses and telephone numbers;
(13) 
Certificates of approval of the Niagara County Health Department and compliance with the New York State Sanitary Code, if applicable;
(14) 
Listing of complaints made in the previous year and what was done to remedy these complaints, if necessary;
(15) 
All information as required for site plan application by the Town of Wheatfield.

§ 75-5 Park requirements.

A. 
The minimum tract size shall be a contiguous area of single ownership of 10 or more acres, and such tract shall front on a roadway recognized by the Town of Wheatfield.
B. 
A front yard setback of 50 feet shall be maintained from the right-of-way line of any public road bordering the tract. A front yard minimum setback of 100 feet shall be maintained from the right-of-way line of any New York State highway bordering the tract. The side and rear yard setbacks shall be 20 feet from property lines of adjoining properties. No RV park and/or camping ground or combination of both shall be established within 200 feet of an existing residence, unless such residence shall be owned by the owner of the RV park, camping ground or combination of both.
C. 
All interior two-way roads shall be 20 feet wide, and one-way roads shall be 15 feet wide, with the full width paved with compacted stone or better, with a minimum overall depth, including foundation base and wearing course, of six inches, and, upon completion, no road shall be dead ended.
D. 
Entrances and exits shall be so located as to provide a minimum sight distance on the adjacent public road in both directions from the interior road of not less than 300 feet at a point not less than 10 feet from the intersection.
E. 
Roadways leading to the site shall be of a size and condition necessary to accommodate recreational vehicles.
F. 
A public phone or similar arrangement for emergency communication shall be available within each campground or RV park.
G. 
Each RV park, camping ground or combination of both shall set aside a minimum of 25% of the total acreage as open space and recreation area. A reasonable portion of such area shall be set aside and equipped for recreational use in compliance with standards to be established by the Planning Board.
H. 
All campgrounds and RV parks shall provide and maintain a screening strip of planted natural materials along all property lines. Such screening shall be a depth of not less than 10 feet, to effectively screen the area within a reasonable time period (five to 10 years). A planting plan specifying types, size and locations of existing and proposed plant materials shall be required and reviewed as part of the site plan application review process.
I. 
In the event that the person applying for a permit anticipates the creation of a combination of both an RV park and camping ground, said areas shall not be intermingled but shall remain separate and distinct, notwithstanding the fact that they may be adjacent to each other.
J. 
Auxiliary parking areas are to be provided for automobiles, maintenance equipment, boat trailers, utility trailers, incapacitated or unregistered vehicles and such similar equipment and vehicles. Incapacitated and/or unregistered vehicles must vacate the property no later than December 31.
K. 
No lot or plot shall be used for the display of recreational vehicles for sale or rental. Nor shall a sales agency for recreational vehicles be permitted in any RV park or campground.
L. 
Conditions of soil and topography shall be suitable for ground and subsurface drainage, to prevent accumulation of surface water.
M. 
Exposed ground surfaces in high traffic areas shall be paved or covered with stone screenings. In areas of less traffic, similar material or established vegetative growth is adequate for ground coverage.
N. 
Drainage ditches and swales located on the campground or RV park lots must be maintained in good repair, free and unobstructed of debris. The owner shall provide for the installation of such culverts upon the campground or RV park lot as may be reasonably required for proper drainage.
O. 
Erosion shall be prevented on any lot.
P. 
Density shall not exceed 10 recreational vehicle lots or tent lots per acre of the area assigned to them, and there shall be a minimum separation of 20 feet between recreational vehicles, between tents or between a recreational vehicle and tent if they are located in adjacent areas.
Q. 
No animals shall be kept or maintained on any campground or RV park lot, except for the usual household domestic animal or seeing eye dogs. Pets shall be kept under the owner's supervision at all times. Pet owners are responsible for all actions of their domestic animal.
R. 
Noxious or offensive activities or nuisances.
(1) 
No noxious or offensive activities or nuisances shall be permitted on any campground or RV park lot or anywhere within such development. Such nuisances shall include, but not be limited to:
(a) 
Noise which exceeds the limitations of the Town of Wheatfield code anytime after 11:00 p.m. Sunday through Thursday and after 1:00 a.m. on Friday and Saturday;
(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;
(c) 
Any other activity which would, notwithstanding the numbers of persons assembling or camping, exceed the limitations of public health, safety and welfare.
(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.
S. 
It is recommended that consideration in each instance be given to the construction of all utilities underground, and the Town and/or Planning Board may require that all utilities be located underground.
T. 
Campground or RV park lots shall be used only for camping purposes. No improvements 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 the vehicle is registered in. Any action toward removal of wheels or to attach the recreational vehicle to the ground for stabilization purposes is strictly prohibited.
U. 
Moreover, no campground or RV park lot shall be occupied for more than six consecutive months, 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. 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 or storage without occupancy within the immediately preceding six months. These requirements shall be attached to each campground or RV park lot sale or membership in nontransient campgrounds or RV parks by restrictive covenant.
V. 
In the C-1 district, where a campground or RV park or combination of both is being proposed, these uses must be located behind the principal use of the hotel or motel.
W. 
No more than 10% of the total sites in the campground may be used for tent camping.

§ 75-6 Water supply.

A. 
An adequate, safe and potable water supply shall be provided in the park. Where a public supply of water of satisfactory quality, quantity and pressure is available, connection shall be made thereto. When such public supply is not available, a private water supply system may be developed and used as approved by the Niagara County Health Department and in compliance with the New York State Sanitary Code.
B. 
The water system shall be capable of supplying 50 gallons per day for each lot lacking individual water connections and 100 gallons per day for each space provided with individual water connections, at a minimum pressure of 20 pounds, or as prescribed by the Town Engineer.
C. 
Each recreational vehicle park shall be provided with one or more easily accessible water supply outlets for filling recreational vehicle water storage tanks. Such supply outlets shall consist of at least a hydrant and shall be protected against the hazards of backflow and back siphonage.
D. 
If facilities for individual water service connections are provided, the following requirements shall apply:
(1) 
Riser pipes shall be so located and constructed so they will not be damaged by the parking of recreational vehicles.
(2) 
Riser pipes shall extend above grade elevation, and the size shall be 3/4 inch.
(3) 
Underground stop valves and waste valves shall not be installed on any water service.

§ 75-7 Regulations for service buildings.

A. 
All portions of the structure shall be properly protected from damage by ordinary use and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather. All structures and internal arrangements shall comply with the New York State Building Code, New York State Sanitary Code and any other applicable ordinances and statutes regulating such buildings and electrical, plumbing and sanitation systems.
B. 
All rooms containing sanitary or laundry facilities shall:
(1) 
Have sound-resistant walls extending to the ceiling between male and female sanitary facilities; walls and partitions around showers, bathtubs and lavatories. Plumbing fixtures shall be constructed of dense, nonabsorbent, waterproof material or covered with moisture-resistant material which will withstand continual cleaning.
(2) 
Have at least one window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each required room shall be no less than 5% of floor area served by them.
(3) 
Have at least one window which can be easily opened or a mechanical device which will adequately ventilate the room. All external openings shall be screened.
C. 
Toilets shall be located in separate compartments equipped with self-closing doors. The shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open.
D. 
Illumination.
(1) 
Illumination levels shall be maintained as follows:
(a) 
General seeing tasks: five footcandles.
(b) 
Laundry room work area: 40 footcandles.
(c) 
Toilet room, in front of mirrors: 40 footcandles.
(2) 
Illumination must be maintained night and day while park is in operation.
E. 
Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture. Cold water shall be furnished to every water closet and urinal.
F. 
Service buildings shall be maintained at a minimum temperature of 68° F. while the park is in operation during the period from May 1 to October 1. The park shall be considered to be in operation if any lot is occupied.
G. 
Service buildings providing for non-self-contained recreational vehicles and camping grounds shall comply with the New York State Building Code, New York State Sanitary Code and any other applicable ordinances and statutes regulating such buildings and electrical, plumbing and sanitation systems.
H. 
For premises having more than 100 lots, there shall be provided one additional toilet and lavatory for each sex per each additional 30 recreational vehicle lots and/or tent lots; one additional shower for each sex per each additional 40 recreational vehicle lots and/or tent lots; and one additional men's urinal per each additional 100 recreational vehicle lots and/or tent lots.

§ 75-8 Refuse disposal.

Each lot shall be provided with at least one twenty-gallon garbage can with a tight-fitting cover. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the park operator to ensure that garbage and rubbish shall be collected and properly disposed of outside the park as frequently as may be necessary to ensure that garbage cans do not overflow. Exterior areas must be free from organic and inorganic material that might become a health, accident or fire hazard.

§ 75-9 Sanitary stations.

A. 
A sanitary station shall be provided. It must consist of at least a trapped four-inch sewer riser pipe, connected to the RV park sewerage system, surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover. Also, a water outlet with the necessary appurtenances connected to the park water supply system to permit periodic washdown of the immediate adjacent areas.
B. 
Each RV park shall be provided with a sanitary station in the ratio of one for every 100 recreational vehicle spaces.
C. 
Sanitary stations shall be screened from other activities by visual barriers, such as fences, walls or natural growth, and shall be separated from any recreational vehicle lot and tent lot by a distance of at least 50 feet.

§ 75-10 Lot requirements.

A. 
A hard-surfaced parking pad shall be provided on each recreational vehicle lot for a recreational vehicle and one automobile.
B. 
Each lot in a RV park shall face on an interior street.
C. 
Parking for one automobile shall not be required at individual tent lots as long as automobile parking is provided on-site in a designated lot. Additional parking shall be provided at a number equal to the total number of rentable lots on site.

§ 75-11 Maintenance.

A. 
The entire RV park, camping ground or combination of both shall be continuously policed to preclude the accumulation of litter, trash, discarded items and other debris.
B. 
Provisions shall be made for the regular and continuing maintenance of the landscaping which was required as a condition of initial approval. All portions of lots and other areas within the RV park, camping ground or combination of both which are not surfaced, covered by buildings or otherwise improved.

§ 75-12 Supervision.

The operator or a duly authorized attendant of the RV park, camping ground or combination of both shall be in responsible charge at all times. The facilities and equipment shall be kept in a clean, orderly and sanitary condition. The attendant shall be answerable with the operator for any violation of this chapter to which the operator is subject.

§ 75-13 Inspection.

Before the RV park, camping ground or combination of both commences operation, the Code Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter have been complied with. If it is found to be in compliance, the Building Inspector shall then issue a certificate of occupancy. No use of the RV park, camping ground or combination of both shall be permitted until such certificate has been issued.

§ 75-14 Recordkeeping.

The operator of each RV park, camping ground or combination of both shall maintain a permanent written record of all persons occupying and using such facilities. The record shall be available to the Zoning Officer upon reasonable request and shall include the following:
A. 
The name of each adult and the number of children occupying each recreational vehicle or tent.
B. 
The date of arrival at and departure from said recreational vehicle park, camping ground or combination of both of each recreational vehicle or vehicle carrying persons camping in tents.
C. 
The name and address of the owner or each recreational vehicle and each vehicle carrying persons camping in tents.
D. 
The registration number year and state of each recreational vehicle and vehicles carrying persons camping in tents.

§ 75-15 Revocation or suspension of the RV park/campground permit.

A. 
The Town Zoning Officer shall have the authority to enter and inspect any RV park, camping ground or combination of both, for purposes of health, safety and sanitation, at any reasonable time.
B. 
If, upon inspection, it shall be found that the operator has violated any provision of this chapter, the Code Enforcement Officer shall have the power to revoke or suspend the permit and order all occupants of the RV park, camping ground or combination of both removed or order the premises closed after notice and an opportunity to be heard before the Town of Wheatfield Town Board.

§ 75-16 Penalties for offenses.

Any person found guilty of violating any provision of this chapter is subject to a fine of $250 and potential revocation of permits required for operation. Upon the second violation within a six-month period, all permits for operation will be revoked, and a fine of $500 will be assessed. Reinstatement of operational permits is at the discretion of the Town Board.