[HISTORY: Adopted by the Township Committee of the Township
of Elk 4-1-2010 by Ord. No. O-2010-5. Amendments noted where applicable.]
GENERAL REFERENCES
Unified development — See Ch. 96.
This chapter shall be known as the "Campground Licensing Ordinance
of Elk Township."
The terms in this chapter shall have the same meaning as those defined in § 96-5.
No owner/operator shall lease a campsite or otherwise operate
a campground within the Township of Elk without first having obtained
a license under this chapter.
From the effective date of this chapter forward, no campground
shall permit the assembling of any permanent camping unit upon its
lands, nor shall any person live at the campground between December
1 and March 14 each year.
A.
Each year, on or before May 1, every person seeking to operate any
campground wholly or partially situate in the Township of Elk shall
file an application for a license permitting one year's operation.
B.
The application shall be verified by affidavit of the owner or managing
agent of the campground and shall include the following:
(1)
The name, address, business phone number and lot and block designation
of the campground.
(2)
The name, address, and business phone number of the owner or managing
agent designated as the manager of the campground.
(3)
The name, permanent address and phone number of each person (camper)
leasing a campsite in the campground.
(4)
An indication of whether there is a permanent dwelling unit on the
property for the owner or manager and his or her family, and if so
the location of the unit.
(5)
The total number of campsites present on the site as of the date
of the application, the number of preexisting year-round permanent
camping units that have been accorded nonconforming status by the
Elk Township Land Use Board, and the location of the campsite upon
which each permanent camping unit is located.
(6)
An attachment including a complete survey map of the campground showing all campsites, permanent structures and improvements and the document by which the campground has received municipal land use approval to operate, or in the case of a subsequent application, either a statement that there have been no changes in campsites, permanent structures or improvements since the last application or attachment of the resolution granting approval of any changes as required by Chapter 96, Unified Development Ordinance.
(7)
The total number of campsites and camping units of any nature that
an applicant wishes to be permitted to be used during the year.
Licenses shall be in the form of a letter, signed by the Clerk
of the Township, stating that the applicant campground is entitled
to operate in accordance with its application for the period May 15
of the current year until May 15 of the following year.
All existing and new campgrounds shall conform to the requirements of the Unified Development Ordinance, specifically § 96-79E.
Campgrounds shall be open to members of the general public for
temporary recreational camping and not for residential use. No person
shall permanently occupy or establish residence at any campsite, including
those equipped for year-round use. The provisions of this section
shall not apply to the occupants of the owner or manager's residence.
Uses of campsites not in accordance with this subsection shall result
in the following:
A.
The campground owner shall immediately exclude from the campground
any person attempting to use the campsite as a permanent residence.
B.
The campground owner shall be liable, upon conviction, to pay a penalty
of not more than $500, and the person attempting to use a campsite
as a residence shall be liable, upon conviction, to pay a penalty
of not more than $250 for the first offense and $500 for each additional
offense. Each day the violation continues shall be considered a separate
offense punishable by a like penalty.
A.
Within 15 days of the filing of an application and prior issuance
of a license, the inspecting officer or officers as hereinafter described
shall inspect the premises and verify the accuracy of the application
in all respects and report to the Clerk as to the accuracy of the
application and whether the campground conforms to the document filed
granting municipal approval for operation. If the inspection reveals
inaccuracies in the application or the nonconformance with proper
municipal approvals, no license shall be issued until such inaccuracies
or nonconformities have been corrected. The inspector shall submit
a copy of any report showing inaccuracies or nonconformance to the
manager of the campground simultaneously with submission to the Clerk.
B.
The inspecting officer or officers shall make at least one other
inspection of each campground during October of each calendar year
and report any inaccuracies or nonconformance to the Clerk and campground
manager for correction prior to the next yearly application.
The Construction Code Official, Fire Official and the Zoning
Officer are the designated inspecting officers empowered to do all
inspecting required or permitted under this chapter.
Each campground shall pay an annual licensing fee in the amount
of $1.50 per campsite authorized for use.
[Added 4-7-2011 by Ord. No. O-3-2011[1]]
A.
For each and every violation of any provision of this chapter, the
owner or general agent of the building or premises where such violation
has been committed or shall exist, and the lessee, tenant or occupant
of a building or premises where such violations have been committed
or shall exist, or any other person who commits, takes part or assists
in such violation shall, for each and every day that such violation
continues, be subject to one or more of the following: a fine of not
more than $2,000 and not less than $100; a period of community service
not to exceed 90 days; or imprisonment for a term not exceeding 90
days. Any remedy shall include the power to order removal of any offending
structure, use or condition, and in default thereof, the power to
assess penalties for each day the condition is not abated or the required
removal is not completed.
B.
In addition to the remedy or remedies hereinbefore provided, any
person, persons, company or corporation violating this chapter or
any provisions of a section thereof may be proceeded against by the
Township of Elk by appropriate action or by proceeding in equity,
or otherwise to enjoin any violation of this chapter, or to prevent
and enjoin any threatened violation of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
