Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Stillwater as § 3-5 of the 1971 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Licensing — See Ch. 248.
[Amended 8-18-1992 by Ord. No. 92-15]
Chapter XXI, Campgrounds, of the New Jersey State Sanitary Code, as from time to time amended and supplemented and set forth in the New Jersey Administrative Code as N.J.A.C. 8:22-1.1 et seq., adopted pursuant to N.J.S.A. 26:1A-7, is hereby recognized, the provisions of which, together with the provisions set forth in this chapter, shall constitute the standards and requirements governing campgrounds, camp dwellings and facilities located in the Township and shall be used as a guide in determining whether they are safe, sanitary and fit for human habitation, occupancy and use by owners or lessees.
A. 
The Township Committee is hereby designated the municipal authority for the administration of this chapter.
[Amended 8-18-1992 by Ord. No. 92-15]
B. 
The Township Clerk shall be responsible for receiving all applications for the operation of campgrounds, notifying other Township agencies concerned of the application received and distributing copies of the application, together with all accompanying information, receiving fees and issuing licenses.
[Amended 8-17-2004 by Ord. No. 2004-16]
C. 
The Construction Official shall be designated the chief enforcing officer and shall process all complaints and initiate any corrective action resulting from his own inspection. He shall determine which agencies are needed for inspections and shall see that inspections are made in due time and that reports are submitted to the Township Committee. Each other enforcing officer shall submit his or her report through his or her own committee or board; if a board report is necessary, the board shall add its comments and recommendations. All such reports shall be submitted to the chief enforcing officer and thence to the Township Committee. The Construction Official shall be responsible for annually causing an inspection to be made of all campgrounds and shall have available to him the services of the Building Subcode Official, Sanitarian, Zoning Officer and any other enforcing officials as may be required.
[Added 4-7-1981 by Ord. No. 81-2]
[Amended 8-17-2004 by Ord. No. 2004-16]
Eight copies of the application and any accompanying material shall be filed with the Township Clerk on or before April 1, 2004, of each calendar year.[1]
[1]
Editor's Note: Original Section 3-5.4, Application fee, which immediately followed this section, was deleted 8-17-2004 by Ord. No. 2004-16.
[Amended 8-17-2004 by Ord. No. 2004-16]
If an annual license application is denied because of failure to comply with any regulation within the New Jersey State Sanitary Code, the applicant, upon request, shall be afforded a hearing before the Township Committee at which he shall be entitled to show that because of soil, topographical and hydrological conditions and the natural vegetation and environment at the campsite, the prescribed regulations cannot be complied with. After such hearing, the Township Committee shall either confirm its denial or modify such requirement of the Sanitary Code in accordance with its findings.[1]
[1]
Editor's Note: Original Section 3-5.6, Permits to construct or expand campgrounds, which immediately followed this section, was deleted 8-17-2004 by Ord. No. 2004-16.
[Amended 4-7-1981 by Ord. No. 81-2; 8-17-2004 by Ord. No. 2004-16]
A. 
Upon certification to the Township Clerk by the Construction Official and the Zoning Officer that a campground is in compliance with all relevant state and municipal regulations and upon payment to the Township Clerk of the annual license fee, the Township Clerk shall issue a license for the operation of the campground. Each operating license shall expire April 30 of each year.
B. 
Application for an annual operating license shall be filed by April 15 of each year with the Township Clerk, who shall issue same upon payment of the annual licensing fee, but no such license shall be issued until the applicant for the license shall file with the Township Clerk a certification from the Tax Collector that there are no outstanding taxes due and unpaid on the campground property and the report of the Construction Officials annual inspection of the campground showing that there are no violations of this chapter or of any provisions of the Sanitary Code or other ordinance relating to public health and safety, nor any violation of the New Jersey Administrative Code.
[Amended 8-17-2004 by Ord. No. 2004-16; 6-14-2011 by Ord. No. 2011-9]
There is a fee of $10 for each campsite in each campground, with a minimum fee of $250. This license fee is for the purpose of defraying the administrative costs, including any inspection costs, incurred by the Township in issuing the annual license.
[Amended 4-7-1981 by Ord. No. 81-2]
The Construction Official of the Township is hereby designated as the officer to exercise the powers prescribed for him by this chapter, and he shall serve in such capacity without any additional salary.
[Amended 4-7-1981 by Ord. No. 81-2]
The Construction Official shall cause the annual inspection required by § 140-2 to be completed and his report filed with the Township Clerk by April 15 of each year. The Building Subcode Official, Sanitary Inspector, Fire Subcode Official and any other inspectors shall make inspections to determine the condition of camp dwellings, campsites, accessory buildings, sanitary facilities and all other facilities located within the Township in order to safeguard the health and safety of the occupants and of the general public. They are authorized to enter, examine and survey at all reasonable times all campsites and facilities. The owner, occupant, lessee or person in charge thereof shall give said inspectors free access to any camp dwellings and facilities, subject to requirements of law relative to procurement of a search warrant for a particular inspection or for a general program of inspections. Every occupant of the campsite and camp dwelling shall give the owner or his agent or employee access to any part of the camp dwelling and facilities at all reasonable times to make such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.
[Amended 4-7-1981 by Ord. No. 81-2]
Whenever the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible. This notice shall:
A. 
Be put in writing.
B. 
Include a statement of the reasons why it is being issued.
C. 
Allow a reasonable time for the performance of any act it requires.
D. 
Be served upon the owner, his agent or the occupant, as the case may require, provided that the notice shall be deemed to be properly served upon the owner, agent or occupant if a copy is served upon him personally or if a copy is sent by registered mail to his last known address or if a copy is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with the notice by any other method authorized or required under the laws of this state. The notice may contain an outline of remedial action which will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant hereto may request and shall be granted a hearing on the matter before the Township Committee, provided that the person files in the office of the Township Clerk, within 10 days after the day the notice was served, a written petition requesting a hearing and setting forth a brief statement of the grounds therefor. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Township Clerk within 10 days after notice is served.
[Amended 5-4-1982 by Ord. No. 82-5]
Upon receipt of the petition, the Township Clerk shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than 16 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Township Committee may postpone the date of the hearing for a reasonable time beyond such sixteen-day period if, in its judgment, the petitioner has submitted a good and sufficient reason for postponement. A permittee shall reimburse the Township for all costs or expenses incurred in connection with any hearing necessitated by or resulting from any alleged violation of any provision of this chapter, including the costs and legal expenses incurred by the Township in connection with any prosecution brought in the Municipal Court or any suit instituted in the Superior Court of New Jersey to restrain or enjoin continued violation of any regulation or in connection with any appeals taken therefrom, and a copy of this provision shall be attached to and made a part of any license or permit issued or renewed after the effective date of this amendment.
After the hearing the Township Committee shall sustain, modify or withdraw the notice, depending upon its findings regarding compliance with the provisions of this chapter and the rules and regulations adopted pursuant thereto. If the Township Committee sustains or modifies the notice, it shall be deemed to be an order.
The proceedings at the hearing, including the findings and decision of the Township Committee, shall be summarized and entered as a matter of written public record in the office of the Township Clerk. This record shall also include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Township Committee may seek relief in any court of competent jurisdiction as provided by the laws of the state.
[Amended 4-7-1981 by Ord. No. 81-2]
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of this emergency and requiring that such action be taken as he deems necessary to meet it. Notwithstanding the other provisions of this chapter, this order shall be effective immediately. Any person to whom such an order is directed shall comply immediately but, upon petition to the Township Committee, shall be afforded a hearing as soon as possible. The Township Committee shall continue such order in effect or modify or revoke it, depending upon its findings as to whether or not compliance with the provisions of this chapter and of the rules and regulations adopted pursuant thereto has been met.
[Amended 4-7-1981 by Ord. No. 81-2]
The Construction Official is authorized and empowered to make and adopt such written rules and regulations as he deems necessary for the proper enforcement of the provisions of this chapter, provided that such rules and regulations are not in conflict with the provisions of this chapter nor in any way alter, amend or supersede any of the provisions. The Construction Official shall file a certified copy in his office and in the office of the Township Clerk of all rules and regulations which he may adopt.
The following requirements reflect municipal requirements over and above the basic requirements of the State Department of Health, pursuant to Section 1.1 of Chapter XI:
A. 
No person shall occupy as owner or occupant, or rent or make available to another for occupancy, any camp dwelling or its facilities which does not conform to the provisions of Chapter XI and this chapter which are established hereby as the standards to be used in determining whether a camp dwelling is safe, sanitary and fit for human habitation.
B. 
"Campground" shall mean a plot of ground upon which two or more campsites are located, established or maintained and occupied by camping units of the general public as temporary human living quarters for a total of 15 days or more in any calendar year for vacation purposes. No campground shall hereafter be established on a tract of land containing less than 50 acres.
[Amended 5-4-1982 by Ord. No. 82-5]
C. 
"Camping vehicle" shall mean and include any camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis designed without permanent foundation which is used for temporary dwelling or sleeping purposes. A camping vehicle shall not include any camp trailer, travel trailer or other unit carrying the ANSI (American National Standards Institute) designation A119.5. A camping vehicle carrying the designation A119.5 is defined as any recreational vehicle that is primarily designed to provide temporary living quarters for recreation, camping or seasonal use; built on a single chassis; mounted on wheels; which has a gross trailer area not exceeding 400 square feet in the set up mode.
[Amended 8-17-2004 by Ord. No. 2004-16]
D. 
Camping vehicles with the ANSI (American National Standards Institute) designation A119.5 are expressly prohibited unless that vehicle was located within the campground prior to November 1, 2014. Any person owning any such existing ANSI-designated A119.5 camping vehicle may replace the preexisting camping vehicle with another camping vehicle also bearing the ANSI designation of A119.5 camping vehicle. Prior to the replacement of any such camping vehicle, the occupant shall first obtain a zoning permit from the Stillwater Township Zoning Officer, which shall only be issued upon proof of the existence of the ANSI-designated A119.5 camping vehicle as of November 1, 2014. In the event that any such vehicle is replaced, it shall only be replaced on the location where the prior ANSI-designated A119.5 camping vehicle was located. If any such ANSI-designated A119.5 camping vehicle is removed and replaced with some other permitted camping vehicle the right to replace the ANSI-designated A119.5 camping vehicle shall expire, and it may not subsequently be replaced with another ANSI-designated A119.5 camping vehicle.
[Added 8-17-2004 by Ord. No. 2004-16; amended 12-16-2014 by Ord. No. 2014-22]
A. 
The owner of any private campground shall maintain a log of every camper who uses the campground facilities. The log shall contain:
(1) 
The camper's name and address (from proper identification).
(2) 
The number of people in the party.
(3) 
Make, model and year of vehicles and license numbers (both motor vehicle and camping unit).
(4) 
Time and date of arrival and departure.
B. 
Each annual register shall be retained by the owner for the next two succeeding years, and it shall be made available upon request for inspection by the Sanitary Inspector, any police officer of the Township or the State Police.
A. 
No campsite shall be less than 100 feet from a public highway right-of-way or from a property line, except where a property line is a boundary between a CR District and R-60 or R-15 District, as defined in the Zoning Ordinance of the Township,[1] in which event the required distance from the property line shall be not less than 200 feet.
[1]
Editor's Note: See Ch. 240, Land Development, Art. XI, Zoning.
B. 
No campsite shall be located less than 200 feet from any stream, lake, swamp or wetland.
A. 
The density of campsites permitted in any campground shall be limited to twice the permitted density of single-family dwellings permitted in the zoning district in question as adjusted by the density adjustment factor set forth in the Land Subdivision Ordinance of the Township.[1]
[Amended 5-21-1985 by Ord. No. 85-7]
[1]
Editor's Note: See Ch. 240, Land Development, Art. VI, Subdivision and Site Plan Review and Approval.
B. 
Each campsite, including parking space, shall provide a minimum of 1,800 square feet of space.
Each campsite may accommodate one or two camping units occupied by the camper and party, but in no case shall the total of overnight occupants in the campground exceed a density of six times the number of campsites permitted by § 140-20A. Maximum occupancy per camping unit shall be six persons.
A. 
Access for camping vehicles and other vehicular traffic to the campground shall be from streets or roads available for public use by means of one or more roadways joining the streets or roads at an angle of not less than 60°, having a radius of not less than 50 feet from juncture with streets or roads and an unobstructed vision of the streets or roads for 300 feet thereof, and shall be approved by the Township or County Engineer. Roadways shall be of sufficient width for two camping vehicles to pass conveniently and shall be so constructed as to minimize dust, ruts and mudholes in accordance with standards approved by the Township Engineer.
B. 
Pedestrians not using campground roadways shall enter the campground and exit therefrom at specified points at which warning signs or overpasses are provided.
Potable water supply points and drinking fountains shall be provided convenient to access and not farther than 200 feet from any campsite.
If provided, fireplaces shall be located in a safe and convenient location meeting the approval of the Fire Chief having jurisdiction over the area. The fireplaces shall be located where they will not constitute a fire hazard to vegetation, undergrowth, trees and camping units.
A. 
Toilets and urinals shall be provided at one or more locations in every campground. They shall be convenient of access and shall not be located farther than 600 feet from any campsite nor within 200 feet of an adjoining property line, stream, lake, swamp or wetland.
B. 
The privy vault shall be so constructed and maintained that flies cannot gain access to the excremental matter therein, and such excremental matter shall at all times be prevented from falling on or spilling over upon the surface of the ground. The vault shall be set at least four feet above the prevailing water table.
C. 
No privy shall be located less than 100 feet from any well or well point, stream, lake, swamp or wetland, nor less than 50 feet from any campsite or 200 feet from any adjoining property line.
A. 
No sewer line or appurtenance shall be located less than 100 feet from any well or well point, stream, lake, swamp or wetland or any adjoining property.
B. 
Each holding tank emptying station shall be conveniently located but shall not be less than 100 feet from any well or well point, stream, lake, swamp or wetland, nor less than 50 feet from any campsite nor 200 feet from any adjoining property line.
C. 
Where the sewer lines of a campground are not connected to a public sewer system, a sewage disposal system approved by the local Board of Health shall be installed in accordance with local requirements, provided that no sewage disposal system shall be located less than 200 feet from any well or well point, stream, lake, swamp or wetland or any adjoining property line.
Holding tank emptying stations shall be provided for all camping vehicles and shall comply with the regulations set forth in Section 6.3 of Chapter XI of the New Jersey Sanitary Code.
A. 
Advertising signs provided for in Section 3.8a of Chapter XI shall not exceed 20 square feet in area per sign and shall be set back 20 feet or such farther distance from any public road right-of-way as may be necessary to prevent obstruction or inhibition of a clear view of the road by persons using same. Only nonflashing and nonblinking white lights shall be permitted.
B. 
Electric lighting shall be provided at all water points, toilets or privies, pay telephone stations, utility buildings or offices, roadway connections and at such other locations as may be required by the Township Committee to protect the public health, safety and welfare.
C. 
Pay telephone service shall be provided at all campgrounds.
[Amended 4-7-1981 by Ord. No. 81-2; 12-1-1992 by Ord. No. 92-19]
During May, June, July, August, September and October, no camping unit, camping vehicle or other camping equipment on a campsite or in a campground be lived in or occupied for more than 31 consecutive days.
In the construction, expansion or operation of any campground or facility thereof, all trees and other vegetation on the campground site shall be left unimpaired and preserved in their natural state to the greatest extent possible. No such trees or vegetation shall be cut, destroyed or otherwise unmoved except where such action is clearly required to permit the construction, expansion or maintenance of any campsite or campground facility or to protect the public health or safety.
[Added 4-7-1981 by Ord. No. 81-2]
A full-time security guard shall he maintained in any campground where there are more than 100 camping vehicles located in the licensed campground.
[Added 8-17-2004 by Ord. No. 2004-16]
Any individual or entity who shall violate and of the provisions of this chapter shall be liable, upon conviction, to a penalty as provided in Chapter 1, Article III, General Penalty, and Article II of Chapter 248 of the Code of the Township of Stillwater.