[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:
B.
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.
C.
Applicant has received Planning Board approval for the site plan
of the proposed campgrounds in accordance with the standards as hereinafter
provided.
D.
Applicant has complied with all other applicable ordinances of the
Township of Jackson and statutes of the State of New Jersey.
E.
Information required:
(1)
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
(2)
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.
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.
B.
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.
C.
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.
D.
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.[1]
A.
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.
B.
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:
A.
There is any notice of an alleged violation issued pursuant to this
chapter outstanding and unresolved.
B.
The licensee has not paid to the Township any sum due to the Township
under this chapter.
C.
The licensee has failed or refused to correct a condition that would
constitute a violation of this chapter.
D.
The licensee fails to submit any map required under this chapter.
E.
The licensee has failed to pay or cause to be paid any taxes upon
the lands covered by such license.
F.
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.
G.
Any operation of the licensee under this chapter endangers the person
or property of adjoining landowners or other persons in the Township.
A.
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:
A.
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.
B.
The name and title of the applicant, the owner and of the person
preparing the plan maps and accompanying data.
C.
Place for the signatures of the Chairman and Secretary of the Planning
Board.
D.
Place for the signature of the Township Engineer.
E.
Tax Map lot and block number of the premises affected.
F.
Date, scale and North arrow.
G.
Names, blocks and lots of adjacent property owners and property within
200 feet of the boundaries of the affected premises.
H.
Boundary limit of premises, setback lines, lines of existing easements
and proposed easements.
I.
Any proposed regulations or restrictive covenants which would affect
the premises.
J.
Detailed plans of all permanent structures.
K.
Location of all existing and proposed storm and water drainage systems.
L.
Location of all existing and proposed utilities systems.
M.
Location of recreational areas and storage areas.
N.
Location of all signs.
O.
Location and layout of campsites and parking areas.
P.
Topography of existing and proposed grades, with contours taken at
two-foot intervals.
Q.
Location of all access and service roads within the affected premises,
showing access points to already existing public roads.
A.
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.
B.
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.
C.
Chapter XI, Campgrounds, for the purposes of this chapter, is amended
as follows:
(1)
Section 3.1 is hereby amended to read:
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"3.1. Access roads. Each campground shall be provided with convenient
access for the ingress and egress of traffic from the public highway.
Said access road or roads shall be of sufficient width to permit the
simultaneous movement of traffic in and out of the campgrounds."
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(2)
Section 3.2 is hereby amended to read:
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"3.2. Service roads.
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a.
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Service roads shall be so located and of such width to provide
convenient and safe movement for all sorts of camping vehicles and
emergency vehicles in and around the camping grounds to existing roads.
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b.
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There shall be provided sufficient number of access points to
existing roads to permit safe and convenient movement of traffic."
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(3)
Section 3.3 is hereby amended to read:
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"3.3. Service road and parking area construction.
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a.
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Service roads shall be constructed of an established hard surface,
such as gravel, crushed stone or other comparable material, and shall
be well drained.
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b.
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Service roads shall be maintained in a proper state of repair
and shall be maintained by the owner of the campgrounds.
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c.
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The establishment of any road in the site plan shall not relieve
the owner of the campgrounds of the responsibility to maintain same.
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d.
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Parking areas shall be composed or consist of suitable materials
to provide stability."
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(4)
Section 3.5 is hereby amended to read:
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"3.5. Campsite density and area.
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a.
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Density of campsites in a campgrounds shall not exceed an average
of 12 campsites per gross acre.
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b.
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Each campsite (including parking space) shall provide a minimum
of 900 square feet of space.
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c.
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There shall be no more than 300 total campsites within any single
campgrounds."
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(5)
Section 3.7 is hereby amended to read:
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"3.7. Campsite occupancy.
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a.
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Each campsite may accommodate one or more camping units occupied
by persons within the same party in charge in a camper, but in no
case shall a total number of overnight occupants exceed a density
of 72 persons per acre."
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(6)
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]
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"3.9. Occupancy limit.
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a.
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Only camping units, as defined in Section 2 of this chapter,
shall be accommodated at a campgrounds.
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b.
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Occupancy of any campsite in a campgrounds shall be from April
1 to October 31, except as hereinafter provided.
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c.
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From November 1 to March 31, occupancy of any campsite in a
campground shall not be allowed, except by special weekly permit as
provided in Subsection g below.
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d.
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Unoccupied camping units and equipment may be permitted to remain
on any campsite. Said camping units or equipment may also be stored
at a designated storage area on the campgrounds.
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e.
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Occupancy of any of the campsites in a particular campgrounds
by the same person or persons shall not be permitted for more than
240 days in any calendar year.
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f.
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In the event of the violation of any of the above provisions,
the campgrounds owner, upon conviction in the Municipal Court, shall
be subject to a fine of up to $25 per day for each day each such violation
occurs or continues.
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g.
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A licensed campground may offer special weekly permits from
November 1 to March 31 if:
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[1]
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All camping vehicles are registered to a permanent location,
other than the campground, or contractors are working in or around
the area of Jackson Township;
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[2]
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The campground continues to provide utility hookups which meet
the standards required in this chapter; and
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[3]
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A register is maintained current and available for inspection
by the Township.
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[4]
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No permit shall be issued for:
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(a)
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More than three consecutive weeks to any individual or group
of individuals; or
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(b)
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More than a total of five weeks to any individual or group of
individuals in the period November 1 to March 31."
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(7)
Chapter XI, Campgrounds, shall be and is hereby amended to add thereto
a new section, designated as 3.11, which shall read:
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"3.11. Registration of campers. The owner of each campgrounds
shall maintain a log of each camper who uses the campgrounds'
facilities. The log shall contain:
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1.
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The camper's name and address (from proper identification).
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2.
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The number of people in the party.
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3.
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Make, model and year of vehicle and license number (both motor
vehicle and camping unit).
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4.
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Time and date of arrival and departure."
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(8)
Section 4.1a is hereby amended to read:
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"4.1. General.
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a.
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An adequate supply of potable water capable of supplying a total
capacity of at least 100 gallons per campsite per day shall be provided
at one or more locations in every campgrounds."
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(9)
Section 5.1b is hereby amended to read:
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"5.1. General.
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b.
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Privies and pit-toilets shall not be allowed."
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(10)
Section 5.4 is hereby deleted.
(11)
Section 6.2e shall be amended to read:
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"Where the requirements of item 1 above cannot be met, the sewer
shall be constructed of cast-iron pipe with mechanical or slip-on
joints, or hot-poured lead joints, for a distance of at least 10 feet
on either side of the crossing; or other suitable protection, as approved
by the Jackson Township Board of Health, shall be provided."
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(12)
Section 10.1 shall be amended to read:
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"10.1. General. Electrical systems and equipment installed in
campgrounds shall be subject to the applicable ordinances, rules and
regulations of the Township of Jackson and the County of Ocean."
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(13)
Section 11.1 shall be amended to read:
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"11.1. Storage and handling of flammable liquids. Storage and
handling of flammable liquids shall be in accordance with the applicable
ordinances of the Township of Jackson governing same."
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(14)
Section 12.1 shall be amended to read:
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"12.1. Swimming pools. Swimming pools, if provided, shall conform
to the applicable ordinances of the Township of Jackson governing
their construction and operation."
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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.
A.
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]
(1)
Be put in writing;
(2)
Include a statement of the reasons why it is being issued;
(3)
Allow a reasonable time for the performance of any act it requires;
and
(4)
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.
B.
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.
C.
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.[1]
[1]
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.
