[HISTORY: Adopted by the Town Board of the Town of Somerset
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-1978 as Art. XII of the Zoning Ordinance]
This article shall be known as the "Recreational Vehicle Park
and Camping Ground Ordinance of the Town of Somerset."
The purpose of this article 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, travel trailer parks and camping grounds.
As used in this article, the following terms shall have the
meanings indicated:
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for occupancy by campers or for occupancy by or of camping trailers,
tents or movable temporary dwellings, rooms or sleeping quarters of
any kind.
[Amended 9-10-1996 by L.L. No. 2-1996]
PERMIT
A written permit approved by the Town Planning Board and
issued by the Code Enforcement Officer, allowing a person to construct
and operate a trailer parking area under the provisions of this article.
[Amended 6-10-1980; 9-10-1996 by L.L. No. 2-1996]
PERSON
An individual, firm, trust, partnership, public or private
association or corporation.
RECREATIONAL VEHICLE
Any of the following:
A.
TRAVEL TRAILERA portable recreational vehicle built on a chassis designed to be towed and used as a temporary dwelling for travel, recreational and vacation uses.
B.
PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
C.
MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self-propelled vehicle.
D.
CAMPING TRAILERA canvas, folding structure mounted on wheels and designed for travel, recreation and vacation use.
RECREATIONAL VEHICLE PARK
A parcel of land in which two or more spaces are provided
for the occupancy of recreational vehicles.
RECREATIONAL VEHICLE LOT
A parcel of land in a recreational vehicle park for the occupancy
of a single trailer and its towing vehicle.
SANITARY STATION
A facility used for disposing of wastes from recreational
vehicle holding tanks.
SELF-CONTAINED RECREATIONAL VEHICLE OR TRAILER
One 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 unit.
SERVICE SINK
A sink for the disposal of liquid wastes from recreational
vehicle.
Any person being the owner of any land within the Town of Somerset
shall not use or allow the use of such land for a recreational vehicle
park or campground unless a permit and certificate of occupancy has
been obtained as provided herein.
A. An application for a permit for a recreational vehicle park or campground
shall be filed with the Code Enforcement Officer and accompanied by
a fee in an amount as set forth from time to time by resolution of
the Town Board for each recreational vehicle lot. The number of such lots shall be determined by the number
certified by the Health Department of the County of Niagara to be
in use by the applicant. The permit issued shall be for a period of
one year and must be renewed annually. Each renewal shall be accompanied
by the required fee as stated herein. The application for a permit
or the renewal thereof shall be made on forms prescribed by the Planning
Board of the Town of Somerset and shall include the name and address
of the owner in fee of the tract. (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 shall accompany the application.)
[Amended 9-10-1996 by L.L. No. 2-1996]
B. Each 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 1/2 the
annual permit fee for the period expiring December 31.
C. Before such permit may be issued by the Code Enforcement Officer,
there must be approval by a majority of the Town Board of the Town
of Somerset, after a public hearing. Building and site plans must
be in compliance with all the provisions of this article and all other
applicable ordinances of the Town of Somerset.
[Amended 9-10-1996 by L.L. No. 2-1996]
D. Any applicant for a recreational vehicle permit shall state that
he as owner or operator shall be responsible for the proper maintenance
and upkeep of the proposed park and shall further submit a park plan
containing but not limited to the following information:
(1) Boundaries and areas of the plot.
(2) Entrances, exits, roadways and walkways.
(4) Perimeter planting of trees and shrubs to provide a screen for adjoining
highway and adjacent property.
(5) Number and location of service buildings and number of facilities
therein.
(6) Plan of the sewer system and disposal arrangements.
(7) Method and plan of garbage and refusal disposal.
(9) Electric power distribution and general lighting.
(10) Means of providing for surface water runoff.
(11) Owner's and operator's name, address and telephone numbers.
(12) Certificates of approval of Niagara County Health Department and
compliance with the New York State Sanitary Code, if applicable.
(13) A list of the owner's campground regulations.
(14) A telephone available to public.
A. The minimum tract size shall be 20 acres, and such tract shall front
on a collector street.
B. A front setback of 100 feet and a side and rear yard setback of 20
feet shall be maintained from the right-of-way line of any public
road bordering the tract and property lines of adjoining properties
to any recreational vehicle in the park.
C. All interior two-way roads shall be 20 feet wide, one-way roads 12
feet wide; with the full width a compacted surface (stone or better);
with a minimum overall depth, including foundation base and wearing
course, of six inches; and no road shall be dead-ended.
D. Entrances and exits shall be located 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. A recreational vehicle park shall set aside a portion of the total
acreage as open space and recreation area.
F. It is recommended that consideration in each instance be given to
the construction of all utilities underground.
G. Auxiliary parking areas are to be provided for parking trucks, maintenance
equipment, boat trailers, utility trailers, incapacitated or unregistered
vehicles and similar such equipment and vehicles. Such areas are to
be a minimum of 200 feet from the boundary of any public highway and
a minimum of 50 feet from any lot line.
H. Recreational vehicle sales. No lot or plot for the display or recreational
vehicles for sale or rental or for the conduct of a sales agency for
recreational vehicles shall be permitted within any recreational vehicle
park or campground.
I. Conditions of soil and topography shall be suitable for the use and
surface drainage provided to prevent accumulation of surface water.
J. Density shall not exceed 20 self-contained recreational vehicle lots
per acre of the area assigned to them.
An adequate, safe and potable water supply shall be provided
in the park. 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 in compliance with the New York State Sanitary
Code.
[Amended 9-10-1996 by L.L. No. 2-1996]
Service buildings housing sanitation, laundry or other facilities
shall be permanent structures complying with the New York State Fire
Prevention and Building Code, New York State Sanitary Code and any
other applicable ordinances and statutes regulating buildings, electrical
installations and plumbing and sanitation systems.
Ample garbage cans with tight-fitting covers shall be provided.
The cans shall be kept in a sanitary condition at all times. It shall
be the responsibility of the park operator to ensure that the garbage
and refuse shall be collected and properly disposed of outside the
park as frequently as may be necessary to ensure that garbage cans
do not overflow.
A. A hard surface shall be provided on each trailer lot for a trailer
and one automobile.
B. Each lot shall face on an interior street.
A. The entire park shall be policed to preclude the accumulation of
litter, trash, discarded items or other debris.
B. Provision shall be made for the regular and continuing maintenance
of the landscaping which was required as condition of initial approval
and all portions of lots and other areas within the park which are
not surfaced, covered by buildings or otherwise improved.
The operator of the park or a duly authorized attendant shall
be in responsible charge at all times to keep the park, its facilities
and equipment in a clean, orderly and sanitary condition. The attendant
shall be answerable, with the permittee, for any violation of this
article to which the permittee is subject.
Upon the construction of a new recreational camp, park or camping
ground, the Code Enforcement Officer shall make an inspection of the
premises to determine that all requirements of this article have been
met. Further, the Code Enforcement Officer shall inspect the premises
prior to issuing the annual permit as required under this article.
The camping season for either the recreational vehicle park
or camping ground permit under this article shall be divided into
a summer season and winter season. The summer season shall consist
of the months of May, June, July, August, September and October; the
winter season shall consist of the months of December, January and
February. No camping trailer shall be used as a residence for a longer
period than during the summer season or the winter season, or both.
A. The Town Code Enforcement Officer shall have the authority to enter
and inspect any recreational vehicle park or campground, for purposes
of health, safety and sanitation at any time.
B. If, upon inspection by the Code Enforcement Officer, it shall be
found that the operator has violated any provisions of this article,
the Planning Board shall have the power to revoke or suspend the permit
and order the recreational vehicles removed or the recreational vehicle
park or campground closed after notice and an opportunity heard.
[Amended 6-10-1980; 9-10-1996 by L.L. No. 2-1996]
Any person found guilty of violating any provisions of this
article, whether or not such violation shall be found sufficient by
the Board of Appeals for revocation of the permit, shall be guilty
of a violation punishable by a fine of not more than $250. Each week
that a violation of this article is permitted to exist shall constitute
a separate offense.
[Adopted 7-12-2005 by L.L. No. 3-2005]
It is the purpose of this article to regulate the occupancy
of recreational vehicles/camping units, to preserve peace and good
order; to promote the aesthetic beauty of the community; and to promote
the health, safety, and general welfare of the inhabitants of the
Town of Somerset.
As used in this article, the following terms shall have the
meaning indicated:
RECREATIONAL VEHICLE/CAMPING UNIT
A vacation trailer, travel trailer, fifth wheel, "porch home,"
motor home, motor coach, tent, boat or camper of any description,
either towed or self-contained, motorized or nonmotorized, intended
to be used or occupied as a vacation vehicle or trailer and not intended
to be located with permanent sewer, water or electric hookups.
A. Recreational vehicles/camping units shall not be occupied outside
of an approved campground for more than 16 days on any basis in any
calendar year, at any location, in the Town. A special permit shall
be granted by the CEO upon request for single camping units to be
occupied outside of approved campgrounds for a period not to exceed
a total of 30 days' duration per calendar year. In any event,
whether by permit or not, no recreational vehicle/camping unit shall
be occupied for more than 30 days per calendar year.
B. No more than one recreational vehicle/camping unit shall be occupied
on any property at the same time.
C. Any recreational vehicle/camping unit occupied shall either have
self-contained sanitation or be connected to adequate sanitation facilities.
D. Any recreational vehicle/camping unit occupied shall have a current
valid registration allowing it to travel on the highway.
Any person who violates any provision of this article shall,
upon conviction, be punished by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or both. Each day that a violation
continues shall constitute a separate offense.