[HISTORY: Adopted by the Town Board of the Town of Wheatfield 6-16-2008 by L.L. No.
6-2008. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A temporary dwelling designed to be mounted on a pickup truck
for use in travel, recreation and vacation.
A parcel of land with two or more spaces, intended to be
used or rented for occupancy by campers, camping trailers or tents.
A folding structure, made of canvas or other material, mounted
on wheels and designed for travel, recreation and vacation use.
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.
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.
Shall include:
MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.
TRAVEL TRAILERA 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.
A parcel of land in which two or more spaces are provided
for the occupancy of recreational vehicles.
A facility used for disposing of wastes from vehicle lavatory
holding tanks.
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.
A structure housing a toilet, lavatory, showers and such
other facilities as may be required by this chapter.
A slop sink for the disposal of liquid wastes from campers.
A collapsible shelter made of canvas, nylon or other material
stretched or sustained by poles.
A parcel of land in a camping ground for the occupancy of
a single tent, camper or camping trailer.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
