Township of Middle, NJ
Cape May County
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[HISTORY: Adopted by the Township Committee of the Township of Middle 9-21-1989 by Ord. No. 694-89. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage and recycling — See Ch. 158.
Mobile and manufactured homes — See Ch. 175.
Parks and recreation — See Ch. 188.
Property maintenance — See Ch. 193, Art III.
Leasing of recreational vehicles — See Ch. 198.
Zoning — See Ch. 250.

§ 104-1 License required.

No person, firm or corporation shall carry on the business of operating a campground in the Township of Middle unless and until said operator shall receive a campground license, which license, in each case, may be granted only by the Township Committee by appropriate resolution. No campground license shall be valid unless on the face thereof is stated the number of sites for which said campground is licensed.

§ 104-2 Definitions.

As used herein, the following terms shall have the meanings indicated:
  CAMPGROUND
A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.

§ 104-3 Fee.

[Amended 4-5-1990 by Ord. No. 720-90; 12-19-1991 by Ord. No. 798-91; 5-3-2010 by Ord. No. 1346-10]
The annual license for campgrounds shall cover one calendar year or any portion thereof, and there shall be no reduction of the annual license fee for any period shorter than one calendar year. The annual license fee for a campground shall be $300, plus $3 for each individual campsite covered by said license as contained in the most recent license application.

§ 104-4 Application for license and renewal.

Application for every campground license or for annual renewal of the same shall be made upon application forms available at the office of the Township Clerk and shall be signed by the applicant. Application for annual renewal of every campground license shall be filed with the Township Clerk not later than December 1 of the expiring license year. An annual license fee shall accompany said application. Failure to file a complete renewal application and to pay the annual license fee on or before said date is hereby specifically declared to be grounds for revocation of the license.

§ 104-5 Application information.

The license application forms and license renewal application forms available at the office of the Township Clerk shall provide appropriate spaces for the following information, which shall be supplied by the applicant:
A. 
The full name and address of the applicant. If the applicant is a corporation, the application shall contain the full name and address of each director, each officer and each holder of 10% or more of the stock in said corporation.
B. 
The trade name, if any.
C. 
The location of the premises covered by the license.
D. 
The total area of the premises.
E. 
The number of individual camping sites permitted.
F. 
Every application for a campground license renewal shall be accompanied by a scaled diagram of the premises showing the configuration of the campground, with each individual campsite delineated and numbered. The number depicted on the diagram for each campsite shall be physically affixed to the campsite so that each campsite can be readily identified.
[Added 9-6-1994 by Ord. No. 906-94]

§ 104-6 Certifications required.

The applicant shall, in said application, certify the truth of the information contained therein and shall also certify as follows:
A. 
That there is on file with the Clerk of Middle Township a scale diagram of the premises sought to be licensed showing the number of individual campsites permitted, which number shall correspond to the number set forth in § 104-5E, with each individual campsite separately and serially numbered, and that a duplicate copy of said diagram is on file in the office of the campground operator.
B. 
That all sanitary requirements, Board of Health regulations and police and fire regulations have been complied with.
C. 
That the applicant is aware that violation of this chapter is punishable by license revocation, and as provided for violations of this Code in Chapter 1, General Provisions.[1]
[1]:
Editor's Note: Amended 4-5-1990 by Ord. No. 720-90.

§ 104-7 Space and location requirements.

Every campground operating hereunder shall provide a minimum of 1,200 square feet of space per individual camping site, and said individual camping sites shall be arranged in rows abutting or facing upon a driveway or clear unoccupied space not less than 30 feet in width, with unobstructed access using such driveway to a public street or highway. The area licensed for operation as a campground shall not extend across or be divided by any public highway or public toll road, either local, county, state, federal or other public highway or public toll road.

§ 104-8 Minimum distance requirements; waiver.

A. 
No area shall be licensed for operation as a campground if any part of said area is less than 1,000 feet, when measured in a straight-line distance, from any part of another area licensed under a separate license for operation as a campground; provided, however, that this restriction shall not prevent or interfere with renewals of licenses for areas presently licensed or the licensing of areas for which license applications have been filed.
B. 
Application may be made for the waiver of said minimum distance requirement of 1,000 feet in the following manner:
(1) 
Ten copies of a survey print accompanied by a waiver request and a waiver application fee of $100 shall be submitted to the Township Clerk.
(2) 
Said survey print shall show the entire area intended to be licensed by the applicant and shall also show the entire area covered by every other license if any part of the other licensed area is within 1,000 feet, straight-line distance, of any portion of the area intended to be licensed. Said survey print shall show all highways, all highway exits and entrances, all roadways contained in any premises licensed and intended to be licensed, the direction of traffic flow and all traffic signals within the premises licensed and intended to be licensed or within 1,000 feet thereof. Said survey print shall be prepared by a New Jersey licensed engineer.
(3) 
Immediately upon receipt of said survey prints, the Township Clerk shall forward one of the same to each member of the Township Committee, the Cape May Planning Board, the Township Planning Board, the Township Construction Official, the Township Police Chief and the Municipal Attorney and shall request their comments and recommendations concerning the waiver request within 30 days.
(4) 
Within 60 days following its receipt of said survey prints, the Township Committee shall hold a public hearing upon the application for waiver, at which hearing all comments received from the above-named officials shall be read into the record and at which hearing any resident, taxpayer or other interested party shall also be heard. A notice of said hearing shall be published twice, in two separate weeks, in the official newspaper of the township not more than 30 days nor less than five days prior to the hearing.
(5) 
Immediately following said public hearing, the Township Committee shall adopt a resolution either granting or denying the waiver. In reaching its decision, the Township Committee shall give consideration to all comments received at the public hearing but shall not be bound by any comment or recommendation. The granting of the requested distance waiver shall not operate as an approval or waiver of the requirements of any other ordinance or regulation concerning the establishment, transfer or enlargement of a trailer camp or campground.

§ 104-9 Limit on number of campgrounds.

The maximum number of campgrounds licensed at any given time in this township shall be 15. No application for a campground license shall be accepted nor shall any campground license be issued if the granting of such application and issuance of such license shall cause the number of outstanding licenses to exceed said limited number. This limitation shall not be deemed to prohibit annual renewals of any existing campground license.

§ 104-10 Changes in application information.

Any change in the information required under § 104-5A, B, C, D or E shall be submitted to the Township Committee for approval, and such approval may be granted only after notice and public hearing. Operation of any campground prior to obtaining such approval shall subject the violator to the penalties set forth below. Notice shall be published once in the official newspaper of this township at least seven days before the date of the public hearing, and said notice shall contain all of the information required under § 104-5. Proof of said publication shall be filed with the Township Clerk prior to the date of the public hearing.

§ 104-11 Permanent residential structures and on-site security personnel.

[Amended 2-1-1996 by Ord. No. 956-96; 5-17-2004 by Ord. No. 1160-04]
Each campground shall be permitted permanent residential structures (single-family residential homes) on the campground property as follows:
A. 
Each campground shall be permitted no more than two permanent residential structures to be inhabited only by the owner(s)/operator(s) of the campground and his or her family.
B. 
In addition to the permanent residential structures referred to in Subsection A above, permanent residential structures for resident security personnel shall be permitted based upon the number of sites in the campground as shown below:
Number of Sites in Campground
Number of Permanent Residential Structures for On-Site Security Personnel
1 to 200
0
200 to 400
1
400 and above
2
(1) 
"Campground property" shall consist of all of the property that comprises the campground, whether it is all on one lot or more than one lot.
(2) 
The number of campsites shall be based on those campsites actually built and available for rent and shall not be based on the number of campsites licensed.
(3) 
The permanent residential structure(s) for the resident security personnel may be occupied only by the security personnel and his or her spouse.
(4) 
It is the intent of this section that the permanent residential structures shall be for security personnel that will provide on-site security to the campground; the permanent residential structures are not to be rental properties leased to the general public. While the occupation of the permanent residential structure will more than likely be seasonal, it is not prohibited to have a year-round occupation of the permanent residential structure as long as the occupant has been or shall be security personnel of the campground. It shall be a violation of this section to have anyone other than resident security personnel and his or her spouse residing in the permanent residential structure.
C. 
Under no circumstances can there be more than two permanent residential structures for resident security personnel on any campground property, and under no circumstances shall there be more than a total of four permanent residential structures on any campground property.
D. 
All permanent residential structures shall comply with any and all current codes, including building codes and the Township Zoning Code.[1]
[1]:
Editor's Note: See Ch. 250, Zoning.
E. 
The permanent residential structures shall be independent and have proper independent utilities so as not to interfere with the campground closing.
F. 
Each campground owner shall register the resident security personnel by providing a list of the resident security personnel to the Township Clerk's Office arid the Township Police Chief's Office by the first of April of each year. The list may be changed and updated as necessary. The list shall be provided on campground letterhead and shall include the name, address, and telephone number for each resident security personnel and the name of spouse residing with the resident security personnel.
G. 
Each resident security person shall maintain a log showing his or her duties kept on an hourly basis and shall be available for inspection by a Township Official at the main office of the campground.
H. 
A standard operating procedure for security personnel must be written and available with the security log.
I. 
Each resident security person shall have a written lease with the campground owner which conditions his or her occupancy of the permanent residential structure on the continued employment of the resident security person so that eviction may be made pursuant to N.J.S.A. 2A:18-61.1(m).
J. 
This section may be enforced by the Township Code Enforcement Officer and/or the Township Zoning Officer. Said officer shall issue a notice to the campground owner/operator giving said owner/operator 10 days to bring the campground into compliance with this section. The campground owner/operator fails to bring the campground into compliance with this section within 10 days of receipt of the notice, the officer who issued the notice shall then file a complaint with the Township Municipal Court. Any campground that violates this section shall be subject to a fine of no less than $500 for each day that the violation exists.

§ 104-12 Inspections; access by emergency vehicles.

[Amended 9-6-1994 by Ord. No. 906-94]
A. 
The Township Health Officer, the Township Code Enforcement Official and all inspectors of the Construction Official's office, the Township Board of Health and the Township Committee or any authorized officials are hereby authorized to make inspections to determine whether any health laws and ordinances are being violated and may enter into any campground to make any inspection.
B. 
Each licensee shall afford the township year-round access to the campground, including but not limited to the providing of a key to each and every gate in the campground, said key to be provided annually at the time of application for license renewal, so that the township will be assured access for police, fire and rescue vehicles, as required.

§ 104-13 (Reserved) [1]

[1]:
Editor's Note: Former § 104-13, On-site security personnel, as amended, was repealed 5-17-2004 by Ord. No. 1160-04.

§ 104-14 Structures for living purposes prohibited.

A. 
No licensee shall permit any permanent structure to be affixed to any campsite in the licensed campground.
B. 
Only motor vehicles or motor-drawn vehicles in compliance with the State Campground Code or Law[1] may be located on any campsite in any licensed campground. Said vehicles shall not be altered in any manner that would prevent ready removal thereof.
[1]:
Editor's Note: See Chapter XI of the New Jersey State Sanitary Code.
C. 
No licensee shall permit the occupancy of any motor vehicle or motor-drawn vehicle in the licensed campground in such a manner so as to facilitate the establishment of domicile residency for the occupant thereof.
[Amended 3-7-1991 by Ord. No. 767-91]

§ 104-15 Closing.

[Amended 1-16-1992 by Ord. No. 804-92]
A. 
All campgrounds within the Township of Middle shall be closed from Monday at 8:00 a.m. until Friday at 12:00 noon between November 1 and March 1 of each year.
B. 
No licensee shall permit the occupancy of any campsite during the proscribed time periods as set forth in Subsection A above, excepted as provided below.
C. 
Between November 1 and March 1, campgrounds may be open during the following time periods:
(1) 
From Friday at 12:00 noon until Monday at 8:00 a.m.
(2) 
From Friday at 12:00 noon until Tuesday at 8:00 a.m. during weekends containing any of the following holidays:
(a) 
Veterans Day.
(b) 
Martin Luther King Day.
(c) 
Presidents Day.
(3) 
From 12:00 noon on the Wednesday preceding Thanksgiving until 8:00 a.m. on the Monday following Thanksgiving.
(4) 
From 12:00 noon on the Friday preceding Christmas until 8:00 a.m. on January 2, unless January 2 falls on a Friday, Saturday or Sunday, in which event closure shall occur at 8:00 a.m. on the Monday next following January 2.
(5) 
With approval of the Township Committee, during any weekday period during which a special excursion of limited duration will be occupying the campground. Such special excursions may include but not be limited to hunting clubs, Boy Scouts and the like.

§ 104-16 Sanitation.

Each licensee shall be solely responsible for sanitation within its campground. Each licensee shall comply with all state, county and municipal regulations concerning sanitation and shall effectuate the removal and recycling of garbage and trash from the campground at its own expense.

§ 104-17 License revocation.

Any licensee found to be in violation of any of the provisions of this chapter shall be subject to immediate revocation of the license. The procedure for revocation shall be as follows:
A. 
Any township official determining that any licensee is violating any of the provisions of this chapter shall file a complaint with regard thereto with the Township Clerk.
B. 
The Township Clerk shall provide the licensee with five days' notice to abate the violation.
C. 
In the event that the licensee has failed to take all reasonable steps to abate the violation within the time provided for abatement or any extension thereof, the Township Committee may cause a hearing to suspend the license and close the campground for good cause to be held within 15 days from the date a notice of intention to hold a hearing is served upon the licensee, either personally or by certified mail, return receipt requested. Each licensee shall annually advise the Township Clerk of the address where said service may be effectuated.
D. 
The licensee may appear personally or by attorney and may present evidence to the Township Committee.
E. 
The Township Committee may suspend the license and close the park until the violation is abated.

§ 104-18 Campground expansion license.

[Added 2-2-1998 by Ord. No. 1004-97]
A. 
There is hereby created a campground expansion license in the Township of Middle.
B. 
Any holder of a Middle Township Campground License may apply for a campground expansion license. Each campground license existing prior to December 31, 1996 shall be entitled to one expansion license.
C. 
A campground expansion license shall entitle the holder to expand his/her pre-existing campground by a maximum of 200 additional sites beyond the number of sites existing on December 31, 1997. In no event shall the number of sites, both original and expanded, exceed 1,000 sites.
D. 
Application for a campground expansion license shall be made on a form provided by the Clerk of the Township of Middle and shall be submitted to the Clerk of the Township of Middle for review and approval by the Township Committee of the Township of Middle. The application fee shall be $2,500, payable as follows:
(1) 
Five hundred dollars upon filing of the application; and
(2) 
Two thousand dollars upon receipt of all required approvals from the New Jersey Department of Environmental Protection. In the event that the applicant cannot obtain the required NJDEP approvals, then the remaining $2,000 payment shall not be required.
E. 
The application shall be submitted to the Township. The Township Committee may, in its sole discretion, approve or disapprove the application.
F. 
Any approval by the Township Committee shall be expressly conditioned upon the applicant's obtaining site plan approval for the campground expansion from the Planning Board of the Township of Middle.
G. 
Any successful applicant for campground expansion license shall comply with all ordinances of the Township of Middle.
H. 
The holder of a campground expansion license shall annually pay a fee of $1,000 for the renewal of said license. Additionally, the holder of said license shall pay an annual fee of $10 per site. The campground owner shall commence payment of the campground license annual fee upon receipt of all required approvals from the New Jersey Department of Environmental Protection.
I. 
No campground expansion license shall be issued to any campground owner unless the campground in question is free of all violations of federal, state, and county law, and local ordinance.
J. 
Any campground owner who shall engage in expansion of his campground without compliance with the terms of this section shall be in violation of this section. In such event, he shall be subject to a fine of not less than $100 nor more than $1,000, imprisonment for a term not to exceed 90 days, and/or community service not to exceed 180 days. Each day during which an illegal expansion exists shall be deemed a separate and distinct violation of this section.
K. 
This section shall expire on June 30, 2003. No application received by the township subsequent to that date shall be entertained, and no campground expansion appurtenant to such an application shall be allowed, it being the express intention of the Township of Middle that the available window for expansion of campgrounds expire on June 30, 2003.