[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jackson 6-1-1971 by Ord. No. 12-71 (Ch. 46 of the 1972 Code). Amendments noted where applicable.]
Within the limits of the Township of Jackson, in the County of Ocean, no person, firm or corporation shall conduct or carry on the business of the operation of a campgrounds, or work in, occupy or, directly or indirectly in any manner whatsoever, utilize any place or premises in which is conducted or carried on a campgrounds, unless and until there shall be granted by the governing body of said Township, in accordance with the terms of this chapter, and shall be in force and effect, a license to conduct said campgrounds for the place and premises in or at which the same shall be conducted and carried on.
An application for a license shall be made to the Township Clerk in triplicate on a form provided for such application by the Township Clerk. An application must be accompanied by payment to the Township Clerk of $500 as an application fee, except as otherwise provided, which fee is nonreturnable unless application is not accepted as provided for hereinafter. The application will not be accepted by the Township Clerk if the limit of licenses, permits and applications has been met as provided hereinafter. If applicant has not been granted a permit as provided for hereinafter within one year of the date of its application, then said application will be deemed to be abandoned and of no further force and effect.
An application for a license shall only be considered by the Township Committee after the applicant has received the following approvals and permits and has complied with Subsection E of this section:
Applicant has secured approvals of the Jackson Township Board of Health and the Municipal Utilities Authority for the proposed provision of water supply systems and facilities and sanitary sewerage systems and has complied with any applicable rules and regulations of the State Board of Health.
Applicant has received Planning Board approval for the site plan of the proposed campgrounds in accordance with the standards as hereinafter provided.
Applicant has complied with all other applicable ordinances of the Township of Jackson and statutes of the State of New Jersey.
Applicant, if a corporation, has submitted to the Township Committee the following: names and addresses of all stockholders in such corporation; names and addresses for the preceding five years of all officers and directors of such corporation; corporate status report and franchise tax report; or
Applicant, if not a corporation but trading under a trade name, has submitted a list of all principals, together with their addresses for the preceding five years.
The Police Department of the Township of Jackson shall use the information required under § 145-3E to aid it in acquiring additional information concerning the background and good moral character of the aforesaid stockholders, officers, directors or principals of any applicant. Report of such information acquired by the Police Department shall be submitted to the Township Committee and shall be used as a basis for determining whether consideration of such application would be in the best interests of the Township of Jackson.
When the requirements of § 145-3 herein have been complied with, applicant shall so notify the Township Committee in writing and shall be granted a hearing by the Township Committee within 60 days of such notification. The Township Committee shall base its decision on the application on whether or not applicant has complied with the applicable provisions of this chapter, and shall not approve any application until the documents submitted in support of the application have been reviewed and approved by both the Township Engineer and the Township Attorney. Approval by the Township Committee shall entitle the applicant to a permit, said permit to be issued by the Township Clerk. Such approval shall be given at an open meeting and shall be by resolution.
[Amended 8-28-1979 by Ord. No. 43-79]
No permit for a campground shall be issued except for a location in a zone in which the campgrounds are permitted pursuant to Chapter 244 and for which a conditional use approval has been granted, or at a location for which a special reasons variance has been granted, and no license for a campground shall be granted except where such conditional use approval or special reasons variance has been granted for such location, or at a location to which the provisions of N.J.S.A. 40:55D-68 (nonconforming uses) apply.
A permit issued pursuant to this chapter shall provide that the applicant must complete construction of either a section of the proposed campgrounds or the entire proposed campgrounds, said construction to be in accordance with the approval site plan and the provisions of this chapter, within one year of the date of issuance of the permit. If not completed within the prescribed time as aforesaid, any permit issued hereunder shall be null and void.
The Township Committee may extend the time period of the permit granted hereunder for a period of not more than six months in the event that the applicant demonstrates to the Township Committee that the applicant, through no fault of its own and for justifiable cause, was unable to complete the subject campgrounds within the time period allotted for the same in this chapter.
In the event that an applicant is issued a permit for a section of the proposed campgrounds, the applicant must complete this section and be issued a license for any such section before the applicant will be issued any additional permits. In any event, the applicant must complete the entire proposed campgrounds within two years of the issuance of the first permit hereunder.
The granting of a permit hereunder shall not entitle the applicant to in any manner operate a campgrounds until the granting of a license hereunder.
Upon receipt of a permit from the Township Clerk, the applicant shall present said permit to the Building Inspector of the Township of Jackson and pay such fees as may be due the Township for a building permit for the construction of any and all permanent structures, buildings and appurtenances, according to the Building Code.
Upon completion of a campgrounds in accordance with this chapter, all applicable standards, the site plan as submitted, the granting of approval by the State Board of Health and all other applicable approvals, the applicant shall notify the Township Engineer, who shall inspect the campgrounds and submit a report to the Township Committee, who shall consider said report as a basis for directing the Township Clerk to issue a license.
Upon the finding by the Township Committee that the applicant has completed the campgrounds in accordance with the applicable standards, the Township Clerk shall be directed to issue a license to the applicant.
All licenses for campgrounds shall expire on the 30th day of June next following the date of issuance and shall be valid for a period of one year.
A renewal of a campgrounds license shall and may be obtained from the Township Clerk for each succeeding year in which the operation of the existing campgrounds is sought to be continued, upon the payment to said Clerk of the operating license fees as provided hereinafter; provided, however, that no such renewal shall be issued if, in respect to said campgrounds:
There is any notice of an alleged violation issued pursuant to this chapter outstanding and unresolved.
The licensee has not paid to the Township any sum due to the Township under this chapter.
The licensee has failed or refused to correct a condition that would constitute a violation of this chapter.
The licensee fails to submit any map required under this chapter.
The licensee has failed to pay or cause to be paid any taxes upon the lands covered by such license.
The licensee is in violation of any federal, state, county or municipal law or ordinance or health regulation as a result of any activity or operation under this chapter.
Any operation of the licensee under this chapter endangers the person or property of adjoining landowners or other persons in the Township.
A license or permit shall not be transferable without the permission of the Township Committee. Any party so desiring to transfer a license or permit shall notify the Township Committee, whereupon a hearing shall be held to determine the qualifications of the transferee.
The annual operating license fee for each campground is hereby fixed at $200 for up to and including 100 campsites, plus $2 for each campsite in excess of 100. In the event a new license shall be issued on a date other than the 30th day of June, the annual fee shall be prorated but in no event shall be less than $100.
[Amended 11-29-1982 by Ord. No. 49-82]
It is unlawful for any person, firm or corporation owning or operating a camping vehicle located in a campground to remove or cause to have removed the wheels or any similar transporting device from said vehicle or to otherwise permanently fix any camping vehicle to the ground in a manner which would prevent ready removal of such vehicle. In addition, it shall be unlawful for any person, firm or corporation owning or operating a campground to locate or permit the location in said campground of a mobile home or trailer; provided, however, that in the event there is presently located within any campground a single mobile home or trailer occupied by the owner, operator, manager or other employee of the campground for the purpose of providing security and supervision of said campground, such mobile home or trailer shall be permitted to remain in the campground for a period not to exceed five years from the date of adoption of this provision, provided that all utility connections conform to state, county and local regulations.
The site plan to be submitted by the applicant to the Jackson Township Planning Board shall be submitted in the following form and shall contain the following information:
The site plan shall be prepared by a professional engineer or architect licensed in the State of New Jersey, and duly signed and sealed. Said site plan shall be duly certified as to accuracy of everything represented thereon.
The name and title of the applicant, the owner and of the person preparing the plan maps and accompanying data.
Place for the signatures of the Chairman and Secretary of the Planning Board.
Place for the signature of the Township Engineer.
Tax Map lot and block number of the premises affected.
Date, scale and North arrow.
Names, blocks and lots of adjacent property owners and property within 200 feet of the boundaries of the affected premises.
Boundary limit of premises, setback lines, lines of existing easements and proposed easements.
Any proposed regulations or restrictive covenants which would affect the premises.
Detailed plans of all permanent structures.
Location of all existing and proposed storm and water drainage systems.
Location of all existing and proposed utilities systems.
Location of recreational areas and storage areas.
Location of all signs.
Location and layout of campsites and parking areas.
Topography of existing and proposed grades, with contours taken at two-foot intervals.
Location of all access and service roads within the affected premises, showing access points to already existing public roads.
Pursuant to the provisions of Chapter 21, P.L. 1946, as amended (N.J.S.A. 40:49-5.1 et seq.), the provisions of the New Jersey State Sanitary Code applicable to campgrounds, promulgated pursuant to N.J.S.A. 26:1A-7 and more particularly known as the "New Jersey State Sanitary Code, Chapter XI, Campgrounds," hereinafter known as "Chapter XI, Campgrounds," are hereby adopted, accepted and established, except as hereinafter amended and modified, as a standard to be used as a guide in determining whether campgrounds, as well as their facilities, are safe, sanitary and fit for human habitation and rental and shall be used as a standard by the Township Committee to determine if a license shall issue to an applicant who has been granted a permit.
A copy of Chapter XI, Campgrounds, is annexed to this chapter and made a part hereof without inclusion of the text thereof herein. Three copies of Chapter XI, Campgrounds, have been placed on file in the office of the Clerk of the Township of Jackson upon the introduction of this chapter and will remain on file in said office for the use and examination of the public.
Chapter XI, Campgrounds, for the purposes of this chapter, is amended as follows:
Section 3.1 is hereby amended to read:
Section 3.2 is hereby amended to read:
Section 3.3 is hereby amended to read:
Section 3.5 is hereby amended to read:
Section 3.7 is hereby amended to read:
Section 3.9 is hereby amended to read:
[Amended 12-10-1974 by Ord. No. 50-74; 12-22-2009 by Ord. No. 41-09]
Chapter XI, Campgrounds, shall be and is hereby amended to add thereto a new section, designated as 3.11, which shall read:
Section 4.1a is hereby amended to read:
Section 5.1b is hereby amended to read:
Section 5.4 is hereby deleted.
Section 6.2e shall be amended to read:
Section 10.1 shall be amended to read:
Section 11.1 shall be amended to read:
Section 12.1 shall be amended to read:
Any reference in the aforementioned Chapter XI, Campgrounds, to the Local Board of Health shall mean the Jackson Township Board of Health.
Any campgrounds in actual and physical existence at the effective date of this chapter which came into existence under prior ordinances of the Township of Jackson, hereinafter referred to as "preexisting campgrounds," must, within one year of the effective date of this chapter, comply with all the provisions of this chapter. Preexisting campgrounds shall be subject to the applicable standards of prior ordinances, which shall remain in full force and effect for the aforementioned one-year period for this purpose. The owner of any such preexisting campgrounds shall make application for a license within 10 days of the effective date of this chapter and shall submit with its application a plan of the existing campgrounds, showing number and location of campsites, sanitary and health facilities, together with existing roads. Application fee for such preexisting campgrounds shall be $200.
Preexisting campgrounds may expand their capacity to the limit of 300 campsites, provided they comply with all the applicable provisions of this chapter, and such expansion must be on acreage contiguous to the existing campgrounds site.
[Amended 2-11-2002 by Ord. No. 6-02]
The Jackson Township Sanitary Inspector and the Jackson Township Code Enforcement Officer are hereby authorized and directed to make monthly inspections of all campgrounds located in Jackson Township to determine if they comply with the provisions of this chapter or prior applicable ordinances, as the case may be.
[Amended 2-11-2002 by Ord. No. 6-02]
The owner or the person in charge of any campgrounds shall provide free access to the Jackson Township Sanitary Inspector and Jackson Township Code Enforcement Officer at all reasonable times for the purpose of inspecting said campgrounds or for the purpose of any lawful order issued pursuant to the provisions of this chapter.
Whenever the Jackson Township Sanitary Inspector or the Jackson Township Code Enforcement Officer shall determine 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 or persons responsible therefor as hereinafter provided. Such notice shall:
[Amended 2-11-2002 by Ord. No. 6-02]
Be put in writing;
Include a statement of the reasons why it is being issued;
Allow a reasonable time for the performance of any act it requires; and
Be served upon the owner or his agent, provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served upon him personally, or if a copy thereof is sent by certified mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the campgrounds affected by the notice, or if he is served with such notice by any other method authorized or required under the laws of this state. Such notice may contain an outline of remedial action which, if taken, 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 provisions of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Township Committee, provided such person shall file in the office of the Township Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Township Clerk shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such 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 such postponement. After such hearing the Township Committee shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with. If the Township Committee sustains or modifies such notice, it shall be deemed to be an order, which, at the discretion of the Township Committee, may operate as a revocation of a campgrounds' license. 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 such notice is served. The proceedings at such hearing, including the findings and decision of the Township Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. Such 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 therefrom in any court of competent jurisdiction, as provided by the laws of this state.
Whenever the Sanitary Inspector of the Township of Jackson or the Code Enforcement Officer of the Township of Jackson shall find 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 such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Township Committee shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, the Township Committee shall continue such order in effect, modify or revoke it.
[Amended 2-11-2002 by Ord. No. 6-02]
The Board of Health of the Township of Jackson is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this chapter; provided, however, that such rules and regulations shall not be in conflict with the provisions of this chapter nor in any way alter, amend or supersede any of the provisions thereof. The Board of Health shall file a certified copy of all rules and regulations which it may adopt in the office of the Clerk of the Township of Jackson.
The license certificate and a copy of this chapter shall be conspicuously posted in the office of the campgrounds at all times.
Editor's Note: Original § 46-25, Number of licenses restricted, of the 1972 Code, as amended, which immediately followed this section, was repealed 1-24-1978 by Ord. No. 3-78.
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment; and each violation of any of the provisions of this chapter, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense. The Township of Jackson may, at its discretion, seek injunctive relief from a court of competent jurisdiction of the State of New Jersey.